Redwood City Municipal Code § 43.17 Summary Corrections

The Council finds that:

A. The uncontrolled design, placement, installation, and maintenance of newsracks on and within the public rights-of-way interfere with and obstruct the use of such public rights-of-way for the safe passage of pedestrians and vehicles, and further obstruct and interfere with the safe and reasonable use of private property adjoining, or in the vicinity of, such public rights-of-way;

B. The public health, safety, welfare, and convenience require that, in connection with the use, maintenance and placement of newsracks, interference with vehicular, bicycle, wheelchair, or pedestrian traffic must be avoided, obstruction of sight distance and views of traffic signs and crosswalks must be eliminated, damage done to sidewalks or streets must be minimized and repaired, good appearance of the public streets and grounds must be maintained, trees and other landscaping must be allowed to grow without disturbance, access to emergency and other public facilities must be maintained, and ingress and egress from properties adjoining the public rights-of-way must be protected;

C. The placement and maintenance of newsracks on or within public rights-of-way are historically associated with the sale and distribution of newspapers, periodicals, and other publications and that such use shall not be denied;

D. The provisions of this Chapter should be consistent with the requirements of the Americans with Disabilities Act ("ADA"; 11 USC 12101 et seq.) for the benefit of the public;

E. Due to the unique nature of the Downtown Area, additional criteria shall be applied to the Downtown Area to preserve and enhance both the appearance and function of Broadway and other public improvements in the Downtown Area, as well as to ensure the ability of businesses to operate without unreasonable interference from newsracks;

F. There is a compelling interest in protecting the physical and psychological well-being of minors; this interest extends to shielding minors from the influence of literature that is not obscene by adult standards but which is harmful to minors;

G. The purpose of this Chapter is to encourage the installation of newsracks and to balance the foregoing interests through the regulation of the time, place, and manner in connection with the placement, installation and maintenance of newsracks.

(Ord. No. 2129, § 1, 7-28-1997)

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed thereto:

ABANDONED NEWSRACK: Any newsrack which is deemed abandoned by the Building Inspector under Section 43.13 of this Chapter, or which contains debris, garbage, trash, or no current publications, or remains empty for seven (7) days, except that a newsrack remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication of the publications sold or distributed from that newsrack shall not be deemed abandoned.

AMORTIZATION DATE: Four (4) months from the effective date of this Chapter.

APPLICANT: A person requesting the issuance of a permit.

APPLICATION: A request on a form provided by the Building Inspector for the issuance of a permit.

BUILDING INSPECTOR: The Building Inspector of the City or his/her designee.

CITY MANAGER: The City Manager of the City or his/her designee.

COMPARTMENT: A separate part or section of a modular newsrack which accommodates one publication.

DIRECTOR: The Director of Community Development Services of the City or his/her designee.

DOWNTOWN AREA: The area included within the following description: from and including the intersection of Broadway and El Camino Real, south to and including the intersection of El Camino Real and Maple Street; then easterly on Maple Street, to and including the intersection of Maple Street and Marshall Street; then northerly on Marshall Street, to and including the intersection of Marshall Street and Winslow Street; and continuing on Marshall Street, west to Broadway; and continuing thereafter west on Broadway to the intersection of Broadway and El Camino Real.

HARMFUL MATTER: Matter, taken as a whole, which to the average person, applying contemporary Statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value to minors.

MARKER: An identification tag or sticker provided by City.

MATTER: Any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statute or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials.

MODULAR NEWSRACK: A newsrack containing two (2) or more compartments within a single unit.

NEWSRACK: Any self-service or coin-operated box, container, storage unit, fixture or other dispenser placed, installed, or maintained, for the display and sale or other distribution of one or more newspapers, periodicals, or other publications and includes, unless otherwise specified, a modular newsrack.

NOTICE: The written notice which is issued by the Building Inspector as a result of any violation of this Chapter and which sets forth the violation or violations.

PERMIT: The right granted by the Building Inspector to a permittee to place, install, or maintain a newsrack or newsracks on, within, or projecting into a public right-of-way or public property.

PERMITTEE: The person to whom a permit for the placement, installation, maintenance of a newsrack on, within, or projecting into a public right-of-way or public property has been issued pursuant to this Chapter.

PERSON: Any human being or legal entity including, but not limited to, a corporation, partnership, limited partnership, or unincorporated association.

PUBLIC PROPERTY: Property owned by the City in a proprietary interest and open to members of the general public.

PUBLIC RIGHT-OF-WAY OR PUBLIC RIGHTS-OF-WAY: That area or those areas dedicated to public use for public street purposes including, but not limited to, roadways, parkways, alleys, and sidewalks.

PUBLICATION: Newspapers, periodicals, magazines or other printed materials.

ROADWAY: That portion of a public right-of-way improved, designed, and ordinarily used for vehicular traffic.

SIDEWALK: Any area provided for the exclusive use of pedestrians, including planting areas or parking strips, between the public roadway and adjacent property line.

(Ord. No. 2129, § 1, 7-28-1997)

No person shall place, install, maintain, or cause to be placed, installed, or maintained a newsrack on, within, or projecting into a public right-of-way or public property, without first securing a permit therefor from the Building Inspector.

(Ord. No. 2129, § 1, 7-28-1997)

No person shall place, install or maintain any newsrack which projects into, or which rests, fully or in part, upon, along, or over any portion of a roadway.

(Ord. No. 2129, § 1, 7-28-1997)

No harmful matter shall be displayed on or in any newsrack located in a public place, other than a public place from which minors are excluded, unless blinder racks or similar opaque coverings are placed in front of the matter so that the lower two-thirds (⅔) of the matter is not exposed to view.

(Ord. No. 2129, § 1, 7-28-1997)

Any person desiring to place, install or maintain a newsrack on, within, or projecting into any public right-of-way or public property under the jurisdiction of the City, shall first submit an application to the Building Inspector on a form provided by the Building Inspector and which shall include the following:

A. The name, business name, street address, telephone number and facsimile number of the applicant;

B. The name, street address, and telephone number of a distributor or other responsible person whom the City may notify or contact at any time concerning the applicant's newsrack;

C. The number of newsracks applied for and the exact proposed location of each;

D. Verification of current City business license;

E. The type of newsrack and, if the newsrack is not of the standard specified in subsection 43.9A of this Chapter, a description thereof, including photographs and/or drawings if required by the Building Inspector.

F. A description of any modular newsrack and the number of publication spaces it will contain.

(Ord. No. 2129, § 1, 7-28-1997)

A. Upon approval of an application, the Building Inspector shall issue a permit for the placement, installation, or maintenance of a newsrack within, or projecting into, any public right-of-way or public property. A permit issued pursuant to this Chapter shall be deemed to incorporate as a condition to the placement, installation, or maintenance of a newsrack or newsracks thereunder, the requirement of the permittee to comply with all the provisions of this Chapter.

B. The permit will be issued within thirty (30) days of the date of receipt of a complete application. Any permit not issued within thirty (30) days of the receipt of a complete application shall be deemed denied.

C. Permits shall be valid for one year from the date of issuance and shall be automatically renewed for one year on each anniversary of issuance unless: 1) the permittee has failed to place, install or maintain a newsrack or newsracks at the location specified in the permit within four (4) months from the date of issuance of the permit; 2) a notice of nonrenewal is sent to the permittee, by first class mail, by the Building Inspector prior to the expiration date of the permit.

D. Permits shall not be transferable.

(Ord. No. 2129, § 1, 7-28-1997)

The permittee shall affix to, or permanently display, in plain view, upon each newsrack placed, installed, or maintained pursuant to a permit issued hereunder a marker provided by the City. Newsracks placed, installed, or maintained on, within, or projecting into a public right-of-way or public property without a marker may be removed by the City at the permittee's or owner's cost.

(Ord. No. 2129, § 1, 7-28-1997)

Any newsrack which is placed, installed or maintained on, within, or projecting into any public right-of-way or public property, shall comply with the following standards and design:

A. Newsracks may be painted any color. Newsracks may be of the following types: a K49-16 or K100 style as manufactured by "Sho-Rack"; or KJ50/KJ55F style as manufactured by "K-Jack"; or M-30/M-33 style as manufactured by National News Vend or HT-94 style as manufactured by "Sho-Rack"; TK-80, TK-West, or Gansat style as manufactured by "Sho-Rack", or a type equivalent to one or more of the foregoing examples, as determined by the Building Inspector.

B. Modular newsracks shall be painted dark green and shall be some of the following types: a K49-16 or K100 style as manufactured by "Sho-Rack"; or KJ50/KJ55F style as manufactured by "K-Jack"; or M-30/M-33 style as manufactured by National News Vend, or a type equivalent to one or more of the foregoing samples, as determined by the Building Inspector.

C. No newsrack shall exceed fifty inches (50″) in height including the pedestal, measured from the ground to the top of the surface of the newsrack, thirty inches (30″) in width (except modular newsracks), and twenty-four inches (24″) in depth.

D. Unless otherwise approved by the Building Inspector, the compartments of modular newsracks shall utilize no more than two (2) horizontal rows of no more than eight (8) compartments per row at each location.

E. Each newsrack which requires a deposit of money to obtain the publication shall be equipped with a coin-return mechanism to permit persons using the machine to secure a refund in the event they are unable to receive the publication. The coin-return mechanism shall be maintained in good working order.

F. Each permittee shall have its name, current address, telephone number, and facsimile number (updated within 15 days of changes) affixed to its newsrack in a place where such information will be readily visible and shall include such identification instructions on how to receive a refund in the event of a coin-return malfunction. The marker shall be prominently displayed on the newsrack.

G. Where there are five (5) or more nonmodular style newsracks in any one location upon the effective date of this Chapter, the nonmodular style newsracks shall be replaced by modular newsracks. Thereafter, any additional newsracks shall be modular newsracks. The Building Inspector may issue a temporary permit not to exceed sixty (60) days' duration to the applicant for the newsrack which causes the effectiveness of the modular newsrack requirement, to allow sufficient time for compliance with this Chapter. Any cost associated with the replacement of nonmodular newsracks by modular newsracks shall be borne by the permittee(s) or owner(s) of the modular newsrack.

(Ord. No. 2129, § 1, 7-28-1997)

A. Where there is more than one newsrack at one location at the effective date of this Chapter, the order of priority in which the location of the newsracks shall be established will be according to the frequency of the publications.

B. Where there is more than one modular newsrack at one location on the effective date of this Chapter, the allocation of space within modular newsracks shall be established according to the respective frequencies of the publications and the order of priority in which the location of the modular newsracks shall be established will be according to the frequency of the publications. Subsequently, priorities shall be determined based upon the chronological sequence of the submittal of applications ("first-come, first-served" basis).

C. If sufficient space does not accommodate all newsracks sought to be placed at one location without violating the standards set forth in this Chapter, the Building Inspector shall give priority on a historical basis until the amortization date. After that date, the Director shall give priority to applicants as follows:

1. First priority, on a first-come, first-served basis, shall be given to daily publications (inclusive of their Saturday, Sunday or weekend editions whether or not published jointly with another newspaper) published at least five (5) times per week;

2. Second priority, on a first-come, first-served basis, shall be given to publications published more than once but less than five (5) days per week;

3. Third priority, on a first-come, first-served basis, shall be given to weekend publications;

4. Fourth priority, on a first-come, first-served basis, shall be given to biweekly publications (published less than once per week but more than once per month);

5. Fifth priority, on a first-come, first-served basis, shall be given to monthly or less frequent publications.

(Ord. No. 2129, § 1, 7-28-1997)

All newsracks within the Downtown Area shall be modular newsracks.

(Ord. No. 2129, § 1, 7-28-1997)

A. Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near a curb shall be placed not less than eighteen inches (18″) nor more than twenty-four inches (24″) from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to said wall and not more than six inches (6″) from the wall; newsracks placed at the edge of sidewalk furthest from the curb shall be placed parallel to, and within six inches (6″) of, the edge of such sidewalk.

B. No newsrack shall be chained, bolted, or otherwise attached to any property not owned by the permittee unless the permittee has obtained from the owner of the property and from the Building Inspector written permission to do so.

C. No newsrack shall be placed on a sidewalk opposite another newsrack or kiosk which distributes publications.

D. Newsracks may be placed, installed or maintained next to each other provided that no group of newsracks placed along a curb shall extend for a distance of more than sixteen feet (16′).

E. Newsracks shall comply with all accessibility standards of the Americans with Disabilities Act.

F. No newsrack shall be placed, installed or maintained:

1. Within five feet (5′) of any marked crosswalk or within five feet (5′) of any wheelchair curb ramp not located on a marked crosswalk;

2. Within fifteen feet (15′) of the curb return of any unmarked crosswalk, measured from the curb return;

3. Within ten feet (10′) of any fire hydrant, fire call box, police call box, or other emergency facility;

4. Within fifteen feet (15′) of any driveway;

5. Within fifteen feet (15′) ahead of, and five feet (5′) to the rear of, any sign or pavement markings designating a bus stop measured parallel to the flow of traffic; provided, that newsracks located seven feet (7′) or more from the curb, measured perpendicular to the roadway, are exempt from the setback requirements of subsection F5 of this Section;

6. Within five feet (5′) of any bench, seat, or chair placed, installed or maintained for public use within a public right-of-way;

7. In such place or manner as to cause, create, or constitute a traffic hazard;

8. In such place or manner as unreasonably to obstruct or interfere with access to, or the use and enjoyment of abutting property, including any legally parked or stopped vehicle;

9. In such place or manner as to endanger persons or property;

10. In such place or manner as unreasonably to interfere with or obstruct the flow of pedestrian or vehicular traffic on a public right-of-way or sidewalk;

11. In such place or manner as to reduce the space for the passage of pedestrians to less than five feet (5′) in width;

12. In such place or manner as to interfere with the use of poles, posts, mailboxes or other permanently fixed objects lawfully located at or near the location of the newsrack;

13. In such place or manner as to impede or interfere with the reasonable use of any commercial window display;

14. Adjacent to or in such place or manner as to obstruct or interfere with access to, or the use of, a parking space, access ramp, or similar facility.

(Ord. No. 2129, § 1, 7-28-1997)

A. Each newsrack shall be maintained by the permittee in a clean and neat condition, free of graffiti, dirt, grease, and corrosion, and in good repair at all times. No newsrack shall be allowed to be chipped, faded, or cracked or shall contain broken or cracked plastic, glass, or structural parts. Adhesive labels, other than City-issued markers, or adhesive labels related to publications in the newsracks, shall not be displayed on newsracks.

B. Any newsrack deemed an abandoned newsrack by the Building Inspector shall be subject to removal pursuant to Section 43.14 of this Chapter.

C. Any compartment within a modular newsrack which is not used for the sale or distribution of publications shall remain empty and shall not be used for advertising purposes or any other purposes. In the event that all compartments within a modular newsrack remain empty for seven (7) days, the modular newsrack shall be deemed an abandoned newsrack; provided, that if the absence of a publication or publications is due to labor strike or any temporary and extraordinary interruption of distribution of the publications sold from that modular newsrack, the modular newsrack shall not be deemed abandoned.

(Ord. No. 2129, § 1, 7-28-1997)

Any newsrack placed, installed or maintained in violation of any provisions of this Chapter may be posted with a notice of violation. The notice shall direct the permittee, or if no permit has been issued, the owner, of the newsrack to contact the Building Inspector.

Upon posting the notice, the Building Inspector shall mail the notice by first class mail, postage prepaid, to the permittee or owner, as the case may be, if the address of said permittee or owner is known to the Building Inspector. In the event that the permittee's or owner's address is unknown, the Building Inspector may, within ten (10) days of the posting of the notice on the newsrack, deem the newsrack abandoned. The notice shall: a) state the nature of the violation; b) state the date of posting of the newsrack or newsracks so found in violation; c) require the correction of the violations within ten (10) days from the date of the notice; and d) provide notification that any person notified under this Section may submit, within ten (10) days of the date of the notice, a written request for a hearing before the Building Inspector. The hearing shall be held within a reasonable time but not less than five (5) days after the request for a hearing was received by the Building Inspector. In the event the permittee or owner to whom notice is sent: a) fails to correct the violation or violations within ten (10) days from the date of the notice or fails to request a hearing; or b) the Building Inspector determines at the hearing that a violation of this Chapter has occurred and thereafter the violation has not been corrected within seven (7) days from the date of the hearing, the newsrack or newsracks so found in violation of any of the aforesaid provisions shall be deemed abandoned. In the event of such abandonment, the Building Inspector may cause the removal and destruction or other disposition thereof. The newsracks shall be retained by the City and may be recovered by the permittee or owner for thirty (30) days following removal. Newsracks which are not claimed and recovered within thirty (30) days from the date of removal shall be deemed permanently abandoned and shall be disposed of by the City. The permittee, owner, or person responsible for such newsrack shall pay upon demand an impound fee covering the actual cost to the City of the removal, transportation, storage, and disposition of such newsrack.

Notwithstanding any provision set forth herein, prior notice of removal of a newsrack is not required: a) in the event of an emergency, or b) when a newsrack poses a danger to pedestrians or vehicles, provided a reasonable attempt to provide notice of the removal of a newsrack to permittee or owner, and an opportunity to be heard is given prior to the removal of the newsrack.

(Ord. No. 2129, § 1, 7-28-1997)

Any interested person may appeal any decision or determination of the Building Inspector to the Director by filing written notice of such appeal with the City Clerk within fifteen (15) days of the date of the notice of determination by the Building Inspector. Any decision made by the Director may be appealed to the City Manager by filing written notice of such appeal with the City Clerk within fifteen (15) days of such decision or determination. Such appeals shall be filed, processed and heard in accordance with the provisions of Chapter 1 of this Municipal Code. The City Manager's decision shall be final.

(Ord. No. 2129, § 1, 7-28-1997)

(Ord. No. 2374, § 38, 1-9-12)

All money contained or placed in any newsrack destroyed or otherwise disposed of pursuant to the provisions of this Chapter, shall be retained by the City for a period of one year and disposed of pursuant to provisions of law governing found or abandoned property.

(Ord. No. 2129, § 1, 7-28-1997)

In the case of violations of the provisions of this Chapter relating to: a) the attachment of newsracks to property other than that owned by the permittee or pursuant to the permission of the owner of such property; b) the attachment to fixed objects or to each other; or c) the location of newsracks, the Building Inspector may, as an alternative to posting a notice, at permittee's or owner's expense, restore the newsrack or newsracks so found to be in violation to a condition in conformance with the provisions of this Chapter.

(Ord. No. 2129, § 1, 7-28-1997)

Upon the removal of any newsrack, the public right-of-way or public property shall be returned to its original condition, including, but not limited to, the repair of any damage that may have been caused by the installation or use of the newsrack.

(Ord. No. 2129, § 1, 7-28-1997)

A. In order to facilitate the implementation of this Chapter, a Newsrack Committee (the "Committee") shall be established, consisting of three (3) representatives of publishers and/or distributors whose publications are circulated within the City.

B. The Committee will be formed within thirty (30) days of the effective date of the Chapter. Members' terms of office shall be three (3) years and until their successors are appointed. The members shall be appointed by the City Manager, and shall be advisory to the Building Inspector on matters involving newsracks within the City. The terms of office of the respective members shall be staggered and overlapped in such a manner that the term of one member expires each year.

C. The Committee shall advise the Building Inspector on matters of compliance with this Chapter including, but not limited to, compliance with design, placement, and maintenance standards.

(Ord. No. 2129, § 1, 7-28-1997)

The placement, installation or maintenance of any newsrack in violation of the provisions of this Chapter shall be, and the same is declared to be, a public nuisance. The provisions of this Chapter shall not be deemed a limitation upon any other remedies of the City authorized by law with respect to the matter herein specified.

In addition to any and all remedies set forth herein in connection with violations of this Chapter, any violation of this Chapter shall be punishable pursuant to subsections 1.7B and 1.7C of this Code, except that any person who knowingly displays harmful matter in violation of this Chapter shall be subject to the penalties set forth in subsection 1.7A of this Code.

(Ord. No. 2129, § 1, 7-28-1997)

Any newsrack which does not comply with the provisions of this Chapter as of the effective date of this Chapter shall be removed or otherwise brought into conformance within four (4) months of the effective date of this Chapter.

(Ord. No. 2129, § 1, 7-28-1997)