San Diego Municipal Code Div. 10 Newsracks on Public Rights of Way — Locations

(“Newsracks on Public Rights of Way — Locations” added 12–6–1974 by O–11457 N.S.)

(a) The Council finds the uncontrolled proliferation and placement of newsracks in the public right-of-way constitutes a threat to public health, safety, and general welfare including impeding pedestrian, wheelchair, and vehicular traffic; interfering with ingress and egress to and from buildings, vehicles, and public transportation; obstructing views of traffic signs and street-crossing pedestrians; and impeding performance of essential utility, traffic control, and emergency services. Newsracks that unreasonably interfere with these activities constitute a public nuisance.

(b) The Council further finds unreasonably deteriorated or inadequately
maintained newsracks threaten the public health and safety, and constitute a
public nuisance.

(c) The Council further finds newsracks not reasonably maintained in a neat and
clean condition threaten the general welfare including the aesthetic
appearance of the public right-of-way, and constitute a public nuisance.

(d) The Council further finds regulations specific to the Gaslamp Quarter Planned
District are necessary to protect public health, safety, and general welfare
including the character of this nationally designated historic district where
pedestrian and vehicular traffic is intensified due to the vast numbers of
sidewalk cafes, restaurants, businesses, working citizens, and visitors within
this compact area located between San Diego’s major landmarks including the
Convention Center, PETCO Park, and the Marina Planned District.

(e) The Council further finds regulations specific to the San Diego Metropolitan
Transit System are necessary to protect the public health, safety, and general
welfare including the safe operation of the public transit system and security
of its employees and patrons.

(f) The intent of these provisions is to ensure the public health, safety, and
general welfare is protected without unreasonably restricting the
dissemination of constitutionally protected information.

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(g) It is not the intent of these provisions to regulate the placement of newsracks on private property. It shall remain the responsibility of the permittee to determine the property lines and ensure newsracks are placed within the public right-of-way in compliance with this division. (Amended 9–30–1996 by O–18345 N.S.) (Retitled to “Statement of Findings and Intent” and Amended 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

Each italicized word or phrase in this division is defined in accordance with San Diego Municipal Code [Code] sections 11.0210 and 113.0103, and as defined in this section. The definitions below shall prevail in their application to this division over conflicting definitions in the Code.

(a) Bus stop means any location designated for passenger loading of buses
owned, operated, or controlled by the San Diego Metropolitan Transit System.

(b) Combination dispenser means a common structure housing two or more
newsracks, and is subject to the same standards and regulations as a newsrack
unless otherwise stated in this division.

(c) Corral means a physically detectable boundary or structure designated by the
director within which all newsracks in the Gaslamp Quarter Planned District
shall be located. No newsracks other than those permitted to be located in
corrals are allowed within the Gaslamp Quarter Planned District.

(d) Director means the representative of the City’s Neighborhood Code
Compliance designated as the enforcement official for this division.

(e) Newsrack means any self–service container, storage unit, or other dispenser
that rests or projects, in whole or in part, in or upon any portion of the public
right-of-way, and is installed, used, or maintained for the display, sale, or
distribution of any publication listed in the permit granted under this division.
Unless otherwise stated in this division, the term newsrack includes shared
newsrack and combination dispenser and the same standards and regulations
apply to all three.

(f) Operable element means any component of a newsrack requiring handling or
manipulation to obtain the publication therein including the door or coin
mechanism.

(g) Permittee means the person or entity designated on the permit as responsible
for the newsrack.

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(h) Roadway means that part of a public right-of-way that is designated and used
primarily for vehicular travel.

(i) Shared newsrack means a single newsrack housing more than one publication,
and is subject to the same standards and regulations as a newsrack, unless
otherwise stated in this division.

(j) Trolley stop means any location designated for passenger loading of trolleys or light rail vehicles owned, operated, or controlled by the San Diego Metropolitan Transit System. (Amended 9–30–1996 by O–18345 N.S.) (Amended 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

The placement, installation, use, or maintenance of any newsrack in violation of this division is prohibited, including all newsracks that endanger the safety of persons or property, or fail to comply with all permit conditions. (“Prohibition” added 12–6–1974 by O–11457 N.S.) (Retitled to “General Prohibition” and Amended 2-26-07 by O-19578 N.S.; effective 3-28-07.)

Newsracks shall comply with the standards set forth in this section:

(a) Any operable element of a newsrack shall not exceed 48 inches in height or
be less than 15 inches above the public right-of-way on which it is located.

(b) No newsrack or shared newsrack shall exceed 52 inches in height, 30 inches
in width, or 24 inches in depth. No combination dispenser shall exceed 60
inches in height, 120 inches in width, or 30 inches in depth.

(c) No exterior or interior component of any newsrack shall advertise, publicize,
or promote anything other than the display, sale, or purchase of the
publication(s) therein.

(d) Newsracks shall only contain current editions of the publication(s) for which
the permit was issued.

(e) Coin-operated newsracks shall be equipped with a functional coin–return
mechanism.

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(f) Each newsrack shall have permanently affixed in a readily visible place the
current name, address, and telephone number of the permittee.

(g) Each newsrack shall have a door, covering, and/or other appropriate device(s)
preventing the publications therein from getting wet or falling out due to rain,
wind, or similar environmental conditions.

(h) Each newsrack shall be continuously maintained in a reasonably neat and
clean condition and in good repair including: (1) reasonably free of dirt, trash,
debris, foreign objects, graffiti, stickers, dents, and grease; (2) reasonably free
of chipped, faded, peeling, and cracked paint in any visible painted areas; (3)
reasonably free of rust and corrosion in any visible unpainted metal areas; (4)
any clear parts through which publications are visible shall be unbroken and
reasonably free of cracks, scratches, dents, blemishes, and discoloration; (5)
any paper or cardboard parts or inserts shall be reasonably free of tears,
peeling, or fading; and (6) no structural components shall be broken or unduly
misshapen. A maintenance log documenting the permittee’s inspection of
each newsrack shall be maintained by the permittee and available for
inspection upon request of the City.

(i) Only drop-in type anchor bolts may be used to secure newsracks to the public
right-of-way.

(j) Newsracks shall not be chained, bolted, or otherwise attached to the private
property of another, any street furniture, tree, sign, or other fixed object.

(k) Newsracks shall comply with the Americans with Disabilities Act of 1990, as
amended, and all regulations adopted thereunder.
(Amended 9–30–1996 by O–18345 N.S.)
(Retitled to “Physical Standards for Newsracks” and Amended 2-26-07 by O-19578
N.S.; effective 3-28-07.)

Upon removal of any newsrack, the permittee shall eliminate any potential hazards to the public, such as bolts, brackets, or holes, and shall restore any disturbed area of the public right-of-way to the same or reasonably similar condition as any adjoining public right-of-way by removing any protrusions, cleaning the cavity of debris, filling the cavity with high strength epoxy or grout to meet the elevation of the adjoining public right-of-way, and avoiding potential depressions by taking into account shrinkage and settlement of the new material. The public right-of-way shall be level and free of protrusions or depressions. The permittee shall match as closely as

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reasonably possible the color, texture, and material of any adjoining public right-of- way surface. (Amended 9–30–1996 by O–18345 N.S.) (Retitled to “Standards for Proper Removal of Newsracks” 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

Newsracks shall be located in accordance with this section:

(a) No portion of any newsrack shall project into or be located in any roadway.

(b) Newsracks shall be placed no closer than 6 inches of the roadway edge of any
curb painted red.

(c) Newsracks shall be located only adjacent to the curb (if there is no curb, then
to the edge of the roadway), or the wall of a building.

(d) Except as stated above in paragraph (b), newsracks located adjacent to the
curb (or edge of the roadway) shall be located no less than 18 inches or more
than 24 inches from the roadway edge and shall not open toward the roadway.

(e) Newsracks located adjacent to a building shall be located parallel to and not
more than 6 inches from the wall. The director may approve a distance of
more than 6 inches if required for proper maintenance of surface behind the
newsrack, and the safe flow of pedestrian or wheelchair traffic is not
impaired.

(f) No portion of a newsrack shall be located directly in front of any display
window except near the curb.

(g) No newsrack shall be located directly opposite another newsrack on the same
public right-of-way.

(h) Newsracks may be placed next to each other, provided no group of newsracks
extends more than 10 feet along a curb and a clear paved space of at least 4
feet separates each group of newsracks. If the director determines a violation
exists, priority to remain shall be given first to newsracks evidencing the
earliest date of installation, followed by newsracks with the highest frequency
of publication, followed by a lottery.

(i) No newsrack shall be placed, installed, used, or maintained:

(1) Within 3 feet of a marked crosswalk.

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(2) Within 25 feet of an intersection measured perpendicular to the curb of
the cross street, as shown in Figure 1 below.

(3) Within 3 feet of fire hydrant, fire call box, fire lane, police call box or
emergency facility.

(4) Within 10 feet of a driveway or alley, as shown in Figure 1 below.

(5) At any location reducing the clear space for the passageway of pedestrians to less than 4 feet. When feasible, newsracks should be placed to allow the widest path of travel.

(6) Within 3 feet of or on any public area improved with lawn, flowers,
shrubs, trees, or other landscaping approved by the City.

(7) Within 150 feet of another newsrack containing the same publication
and located on the same side of the public right-of-way in the same
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(8) Within 5 feet of a curb painted blue, or within 3 feet of a curb painted
yellow or white.

(9) So as to unreasonably obstruct or interfere with: the flow of
pedestrian, wheelchair or vehicular traffic; sites used for public utility
purposes or other government use; the ingress or egress to or from any
residence or building; or the use of poles, posts, traffic signs and
signals, mailboxes, or other objects permitted by the City at that site.
(“Location Standards for Newsracks” Added 2-26-2007 by O-19578 N.S.;
effective 3-28-2007.)

The following additional location standards apply to bus and trolley stops. No newsrack shall be placed, installed, used, or maintained:

(a) Within the area 6 feet past of or 30 feet prior to any sign marking a
designated bus stop, and no closer than 10 feet to the curb within this
distance.

(b) Along Broadway Street, between Harbor Drive and Park Boulevard,
within the area 6 feet past of or 100 feet prior to any sign marking a
designated bus stop, and no closer than 10 feet to the curb within this
distance.

(c) Within 6 feet in any direction of any transit shelter, bench, information
kiosk, pole, or sign.

(d) Within 10 feet of any edge of a trolley stop.
(Amended 9–30–1996 by O–18345 N.S.)
(Retitled to “Additional Location Standards for the Metropolitan Transit System”
and Amended 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

The following additional standards apply to the Gaslamp Quarter Planned District [District] with boundaries defined in San Diego Municipal Code section 103.0401:

(a) Only newsracks with permits to be located within corrals are allowed
in the District. All corrals shall comply with the Americans with
Disabilities Act of 1990, as amended, and all regulations adopted
thereunder. The size, number, composition, and locations of these
corrals shall be reasonably established and modified as necessary by
the director after considering input from interested parties, which for

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purposes of this section includes holders of newsrack permits specific
to the District and the Gaslamp Quarter Association. The most current
size, number, composition, and location standards shall be posted on
the City’s Website and available in the Office of the City Clerk.

(b) Newsracks installed or maintained in the District without a permit
specific to the District may be summarily removed in accordance with
San Diego Municipal Code section 62.1013.

(c) Construction and maintenance of corrals shall be the sole and joint
responsibility of the permittees of newsracks within the corral. Any
injury to persons or property, including all claims or liability, resulting
from or relating to any corral shall be the joint and several
responsibility of the permittees within that corral at the time of the
alleged incident.

(d) Space within corrals shall be allocated in accordance with this section
as follows:
(1) An interested publication, or distributor of multiple
publications to be dispensed within a shared newsrack,
can apply for only one newsrack in each corral.

(2) Limited space within the corrals shall be allocated by
frequency of publication and each corral will be
partitioned by the director as follows: five spaces will
be allocated to daily publications, two to weekly
publications, and one to less frequent publications. For
purposes of this division, “daily” frequency means a
publication of approximately five new editions per
week. “Weekly” means approximately four new
editions per month. “Monthly” means approximately
one new edition per month. “Quarterly” means
approximately four new editions per year. “Semi-
annual” means approximately two new editions per
year. “Annual” means approximately one new edition
per year. Shared newsracks shall be categorized by the
lowest frequency of any publication therein.

(3) If the number of applications for a particular frequency
is less than the spaces available, the director will allow
the next highest frequency to apply for that space. If
space still remains, an interested party may apply for
more than one space within a specified corral, not to
include the same publication.

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(4) If the number of applications exceeds the number of
spaces available, the following will apply:

(A) The director will request the interested parties meet to determine if a signed agreement for allocation of the spaces can be reached. If an agreement is reached, the director will assign the permits based on the agreement so long as it conforms with the requirements of this division.

(B) If an agreement cannot be reached, the director
will hold a lottery to allocate the available
spaces within each frequency category.
(“Additional Standards for the Gaslamp Quarter Planned District” Added 2-26-2007
by O-19578 N.S.; effective 3-28-2007.)

It is unlawful to install or maintain any newsrack without first obtaining a permit from the director. Notwithstanding the above, an existing permittee may install 5 percent additional newsracks than approved in the permit without prior amendment of the permit or prior payment of applicable fees, which will be due at the next permit application or permit payment period.

(a) General Provisions. Except for the provisions set forth in San Diego
Municipal Code section 62.1009(d) specific to the Gaslamp Quarter Planned
District, one permit will be issued per applicant covering all newsracks in
each application. Each permit may be amended quarterly by submitting an
Amendment of Permit Application to the director, provided fees are paid for
additional newsracks. A condition of any permit issued under this division is
that the permittee shall keep an accurate record readily identifying the
locations of its newsracks to be made available to the director upon request
within two business days. This information may be used to check the accuracy
of information provided in the permit application or compliance with
conditions of any existing permit or this division.

(b) Initial Permit Applications. Applicants interested in installing newsracks
shall first submit to the director a Newsrack Permit Application available
from the City. Applicant’s interested in maintaining existing newsracks shall
submit a Newsrack Permit Application no later than June 9, 2007. All
applicants shall provide all information and/or documents requested in the
Newsrack Permit Application. Applications that do not include all of the
requested information and/or documents shall be deemed incomplete.

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Incomplete applications shall not be processed and shall not automatically be

deemed approved under the circumstances specified in San Diego Municipal Code section 62.1009(e).

(c) Permit Renewal Applications. Existing permittees interested in renewing their permits shall submit to the director annually by January 15 a Newsrack Permit Renewal Application available from the City providing all information and/or documents requested therein. Applications that do not include all of the requested information or documents shall be deemed incomplete, shall not be processed, and shall not automatically be deemed approved under the circumstances specified in San Diego Municipal Code section 62.1009(e).

(d) Gaslamp Quarter Planned District Permits. Newsracks within the
Gaslamp Quarter Planned District [District] with boundaries defined in San
Diego Municipal Code [Code] section 103.0401 require a permit specific to
the District, and the requirements of Code section 62.1008 apply to this permit
process. The timeframe for issuance of newsrack permits outside the District
does not apply, and the director shall process applications for permits within
the District within a reasonable timeframe. Permits in the District shall be in
effect for three years from the date of issuance, provided the permittee is in
compliance with this division and all conditions of the permit. Permit fees
shall be paid annually.

(e) Review of Permits. Once submitted, a complete permit application will be
reviewed and acted upon within fifteen business days. If the applicant is not
notified in writing within fifteen business days of approval, denial, or
extension of the permit review period, the permit application shall be deemed
approved.

(f) Issuance of Permits. Upon a finding by the director that the application is
complete, accurate, and in compliance with this division, a permit shall be
issued.

(g) Denial of Permit. Permits may be denied for noncompliance with this
division or failure to provide accurate and complete information. If a permit is
denied, the director shall promptly notify the applicant in writing of the
specific cause of such denial.

(h) Permit Revocation. A permit may be revoked if more than 5 percent of the newsracks designated therein are documented to be in violation of this division or if the information in the permit application or related supporting documents is inconsistent with the number or locations of the newsracks by more than five percent. If a permit is revoked for any reason set forth above, the offending publication, or distributor if applicable, shall not be approved

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for a permit under this division for one year from and after the date of
revocation. Any permit issued in error may be revoked without liability to the
City.

(i) Sale or Transfer of Permits. Permits shall not be sold or transferred except
as a part of the sale of a majority of the related business assets of the
permittee. The proposed new permittee shall notify the director in writing
within ten business days that the permit has been sold or transferred. The
notification shall include the name and contact information for the proposed
new permittee. No transfer or sale shall be effective until the proposed new
permittee executes an Indemnification and Hold Harmless Agreement in favor
of the City as required in San Diego Municipal Code [Code] section 62.1010
and obtains the requisite insurance coverage pursuant to Code section
62.1011. Until such time, the existing permittee shall maintain the required
insurance coverage and shall remain liable for any personal injury or property
damage caused by or related to the permittee’s newsrack(s).
(“Other Violations” added 12–6–1974 by O–11457 N.S.)
(Retitled to “Permit Requirements and Standards” and Amended 2-26-2007 by
O-19578 N.S.; effective 3-28-2007.)

The Newsrack Permit Application and any Newsrack Permit Renewal Application shall include an Indemnification and Hold Harmless Agreement in favor of the City in substantial compliance with this section, which must be executed by the permittee prior to the issuance of any permit under this division. Pursuant to the Indemnification and Hold Harmless Agreement, the permittee shall agree to defend, indemnify, protect and hold the City, and its elected officials, officers, representatives, agents, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including its own employees, agents, or officers which arise from or are connected with or are caused or claimed to be caused by any corral for which the permitee is responsible or by any newsrack owned by or attributable to the permittee; provided however, that the permittee’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or sole willful misconduct of the City. (“Public Nuisance” added 12–6–1974 by O–11457 N.S.) (Retitled to “Indemnification Requirement” and Amended 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

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As a condition of any permit under this division, the permittee shall within ten business days of the approval of the permit, but prior to the installation, use, or maintenance of any newsrack, obtain and maintain at all times during the term of any permit approved under this division, and at all times permittee’s newsrack(s) remain(s) on any portion of the public right-of-way, the following: Commercial Liability Insurance subject to the reasonable requirements of the City’s Risk Management Department and approval by the City Attorney and in substantial conformance with this section covering any liability arising from or connected with, or caused or claimed to be caused by, any corral for which the permittee is responsible and any newsrack owned by or attributable to permittee in a reasonable and sufficient amount as determined by the City’s Risk Management Department to cover the risks associated with the newsrack(s), including any corrals. No newsrack or, if applicable, corral, may be installed, used, or maintained until permittee provides the director with proof of the requisite insurance, including any endorsements. (“Abandonment” added 12–6–1974 by O–11457 N.S.) (Retitled to “Insurance Requirement” and Amended 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

Notwithstanding any condition upon which summary removal is available, enforcement action may be initiated upon determination by the director that a newsrack has been abandoned as set forth in San Diego Municipal Code [Code] section 62.1018 or installed, used, maintained, or removed in violation of this division or any condition of the permit. The permittee will be notified in writing of the alleged violation and requested to voluntarily rectify the offending condition within five business days of the date of the notification. Failure to achieve timely compliance may result in the issuance of a Notice of Violation with a compliance date of five business days from the date of the notice. The Notice of Violation shall comply with Code section 12.0103. Failure to comply with the Notice of Violation may result in the use of any applicable remedy in the Code, including removal of the offending newsrack. All administrative and judicial remedies set forth in San Diego Municipal Code Chapter 1, Article 2, Divisions 3-10 are available to the director for any violation of this division. (“City Manager’s Designated Representative” added 12–6–1974 by O–11457 N.S.) (Retitled to “Enforcement” and Amended 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

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(a) Conditions for Summary Removal. If the director determines: (1) the condition or placement of a newsrack poses a threat to the safety of pedestrians or wheelchair users, or the safe flow of vehicles; (2) a newsrack is located within the public right-of-way without a permit; or (3) the director is unable to readily contact the permittee or otherwise responsible party for a newsrack based exclusively on information provided in a current permit, related permit application, or affixed to the offending newsrack, the director may cause the newsrack to be summarily removed without prior notice.

(b) Procedure Upon Summary Removal. Upon summary removal of a
newsrack, the following post-removal procedures shall apply:

(1) Newsracks with Readily Identifiable Responsible Party:
The following post-removal procedure applies to any summarily
removed newsrack with a readily identifiable permittee or otherwise
responsible party based exclusively on information provided in a
current permit, related permit application, or affixed to the offending
newsrack. If a current telephone number is provided, the director shall
promptly call the responsible party to advise of the removal. Unless
the offending newsrack is reclaimed beforehand and all reasonably
incurred removal and storage fees are paid in full, a Notice of
Summary Removal & Hearing shall be served in accordance with San
Diego Municipal Code section 62.1013(c), except when such notice
and hearing is waived by the responsible party.

(2) Newsracks Without Readily Identifiable Responsible Party:
If the permittee or otherwise responsible party can not be readily
contacted based exclusively on information provided in a current
permit, related permit application, or information affixed to the
newsrack, no further action on behalf of the City is required. If the
responsible party thereafter notifies the director to reclaim the
offending newsrack, and the newsrack has not been deemed
abandoned and disposed of in accordance with San Diego Municipal
Code [Code] section 62.1018, a Notice of Summary Removal &
Hearing shall be served in accordance with Code section 62.1013(c),
unless waived by the responsible party.

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(c) Post Summary Removal Hearing and Notice Procedures. If the
permittee or otherwise responsible party does not dispute the merits of the
removal, they may waive their rights to a post-removal notice and hearing and
may reclaim the offending newsrack upon payment of all reasonably incurred
removal and storage fees. In all other cases, the following procedure shall
apply:

(1) Within ten business days of summary removal or notification by a
previously identifiable responsible party, the director shall serve by
certified mail, postage prepaid, return receipt requested a Notice of
Summary Removal & Hearing providing the following information: a
reasonable identification of the offending newsrack and its proximate
location upon removal; a specific description of the alleged
violation(s); and including a notice of a post-removal hearing in
compliance with San Diego Municipal Code section 62.1013(c)(2).

(2) Any post-removal hearing and notice thereof shall comply with San
Diego Municipal Code, Chapter 1, Article 2, Division 4, and shall be
heard as soon as reasonably feasible upon at least ten calendar days
notice.
(“Constitutionality” added 12–6–1974 by O–11457 N.S.)
(Retitled to “Summary Removal of Newsracks” and Amended 2-26-2007 by
O-19578 N.S.; effective 3-28-2007.)

All newsracks require timely payment of an annual permit fee established by the director and on file in the Office of the City Clerk. No refunds are provided for newsracks taken out of service. Permit fees are due and payable annually on January 15, and shall be prorated for any partial year. Annual permit fees shall be delinquent after fifteen days past due. A late payment fee of 10 percent shall be assessed on all delinquent amounts.

(a) Citywide Permit Fee Excluding the Gaslamp Quarter Planned District.
Except for the Gaslamp Quarter Planned District, the citywide fee is based on
the total number of newsracks in service in the public right- of-way. This fee
shall be sufficient to recover the costs of processing the permit application and
enforcing permit requirements.

(b) Permit Fee in the Gaslamp Quarter Planned District. A separate permit
fee applies to newsracks located in the Gaslamp Quarter Planned District with
boundaries defined in San Diego Municipal Code [Code] section 103.0401.
This fee shall be sufficient to recover costs associated with processing the

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permit application, enforcing permit requirements, and administering the lottery described in Code section 62.1008(d)(4).

(“Permit Fees” Added 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

Recovery of costs, fees, and penalties shall be in accordance with San Diego Municipal Code, Chapter 1, Article 3. The director may set fees on an annual basis to recover all reasonable costs of reinspection and removal of newsracks. Any time a newsrack is caused to be removed, summarily or otherwise, due to violations of this division, the City may recover all reasonable costs to include: (a) Cost of the investigative and administrative staff to process the case.

(b) Cost of newsrack removal including the costs of any necessary
sidewalk repair or storage of the newsrack.
(“Recovery of Costs, Fees and Penalties” Added 2-26-2007 by O-19578 N.S.;
effective 3-28-2007.)

Unless expressly denied by the permittee in the permit application, the City is authorized at its sole discretion to correct minor newsrack violations it deems to be easily curable on the spot without the use of any tools or moving the newsrack. (“Correction of Minor Violations” Added 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

Any newsrack in violation of this division shall constitute a public nuisance, as defined in San Diego Municipal Code section 11.0210, and may be abated in accordance with applicable provisions of law. No minor violation that is easily curable on the spot without the use of any tools or moving the newsrack shall alone constitute a public nuisance under this division or in itself be grounds for permit revocation. (“Public Nuisance” Added 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

A newsrack shall be deemed abandoned if it: (1) is summarily removed pursuant to San Diego Municipal Code section 62.1013 and unclaimed for thirty continuous calendar days from the date of removal, or (2) remains empty or without a permitted publication for thirty continuous calendar days. Newsracks deemed abandoned may be treated in the manner provided in San Diego Municipal Code section 62.1012 for

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (2-2007)

newsracks in violation of this division. The City may dispose of and shall not be responsible for any newsrack, including its contents, deemed abandoned for sixty continuous calendar days. (“Abandonment” Added 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

Any person or entity aggrieved by a finding, determination, notice, or action taken by the director under this division may appeal the same by filing an appeal in accordance with San Diego Municipal Code section 12.0501. San Diego Municipal Code, Chapter 1, Article 2, Division 5 shall apply to any appeal under this division. (“Appeal” Added 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

In the event of conflict between this division and any other provision in the San Diego Municipal Code applicable to newsracks, the more restrictive provision shall apply. (“Conflict” Added 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

If any section, subsection, sentence, clause, phrase or part of this division is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of this division. The City Council hereby declares that it would have adopted this division and each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases, or parts be declared invalid or unconstitutional. (“Constitutionality” Added 2-26-2007 by O-19578 N.S.; effective 3-28-2007.)

Ch. Art. Div. 6 2 10 16

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

Article 2: Public Rights–of–Way and Land Development