San Fernando Municipal Code Div. 2 Publication Vending Machines

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Custodian means any person who owns or has the responsibility of placing, servicing or maintaining a publication vending machine by depositing or removing material from the machine or by collecting moneys from the machine.

Explicit sexual acts means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of such conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other acts of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region.

Parkway means that area between the edge of the roadway and the adjacent property line excluding that area occupied by the sidewalks. The term "parkway" also includes any area within a roadway which is not open to vehicular travel.

Publication vending machine means any self-service or coin-operated newsrack, box, container, storage unit or other dispenser installed, used, or maintained for display and sale of any written or printed material, including but not limited to newspapers, news periodicals or other news publications.

Roadway means that portion of a street improved, designed or ordinarily used for vehicular travel.

Sidewalk means any surface provided for the exclusive use by pedestrians.

Street means all that area dedicated to public use for public street purposes and includes but is not limited to roadways, parkways, alleys and sidewalks.

(Code 1957, § 23.124)

Cross reference— Definitions generally, § 1-2.

The purpose of this division is to promote the public peace, morals, health and safety by regulating the placement, appearance, servicing and insuring of publication vending machines so as to protect against:

(1) The dangers of impairing the vision of motorists and pedestrians, particularly small children.

(2) The hazards of unreasonably interfering with or impeding the flow of pedestrians or vehicular traffic including ingress into or egress from any residence or place of business or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.

(3) Unduly restricting access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes or locations used for public transportation purposes.

(4) Neglectful servicing of publication vending machines resulting in a visual blight in the city's parkways, sidewalks, and detracting from the aesthetics of store window displays, adjacent landscaping and other improvements.

(5) Reduction in values of surrounding property.

(6) Unnecessary exposure of the city to personal injury or property damage suits.

(Code 1957, § 23.125)

(a) No custodian shall install, use or maintain any publication vending machine which projects onto, into or over or which rests wholly or in part upon any part of the roadway of any public street.

(b) No custodian shall install, use or maintain any publication vending machine on public property in the city without following the procedures set forth in this division.

(Code 1957, § 23.126)

(a) No custodian shall install, use or maintain any publication vending machine which in whole or in part rests upon, in or over any parkway, sidewalk or other public property unless such machine is placed upon a facility installed or approved by the city and unless a permit has been obtained therefor from the city engineer in accordance with this division. The custodian shall submit an application for a permit on a form approved by the city engineer and shall provide the required processing fee, which fee shall be established by resolution of the city council.

(b) The city engineer shall install or permit to be installed facilities for publication vending machines in locations that:

(1) Will not obstruct or interfere with pedestrian or vehicle traffic;

(2) Will not obstruct car door opening onto the sidewalk area adjacent to on-street parking;

(3) Are set back from the curb face a minimum of 24 inches;

(4) Shall not be located in the curb return area of the sidewalk or within four feet of wheelchair access ramps;

(5) Are located so as not to obstruct access to businesses or residences;

(6) Are located so as not to obstruct view of business storefront displays; and

(7) Will not interfere with the public's use and enjoyment of any publicly owned property or facility.

(c) Where multiple publication vending machines exist, they shall be placed on an unimount-type framework with all racks being of uniform size and color.

(d) No publication vending machine shall be used for advertising or publicity purposes other than dealing with the display of the publication contained therein.

(e) Publication vending machines shall not exceed the following:

(1) Three and one-half feet in height, 30 inches in width or two feet in depth; and

(2) A total of eight machines on the same side of the street within a space of 200 feet in any direction.

(f) Any publication vending machines legally existing on the effective date of the ordinance from which this section derives may be continued at the same location for six months. If within this time an application for a permit is filed, the publication vending machine may remain in the same location pending final action on the permit by the city engineer.

(Code 1957, § 23.127)

Publications offered for sale from a publication vending machine placed or maintained on or projecting over the street shall not be displayed or exhibited in a manner which exposes to public view from the street any of the following:

(1) Any statements or words describing explicit sexual acts, sexual organs or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront.

(2) Any picture or illustration of genitals, pubic hair, perineum, anus or anal region of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.

(3) Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.

(Code 1957, § 23.128)

Every custodian who places or maintains a publication vending machine in the city shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen. If the custodian is a corporation, the name, address, and telephone number of the distributor must be affixed in a place where such information can be easily seen.

(Code 1957, § 23.129)

Every custodian who places or maintains a publication vending machine in the city in conjunction with his permit application shall file a written statement with the city clerk satisfactory to the city attorney, whereby he agrees to indemnify and hold harmless the city and its officers, directors or employees from any loss or liability or damages, including expenses and costs, for bodily or personal injury and for property damage sustained by any person as a result of the location, installation, use, maintenance, removal or storage of such a machine within the city.

(Code 1957, § 23.130)

(a) Each publication vending machine shall be maintained by its custodian so as not to become mechanically inoperable, to become marred by graffiti or to have cracked or broken coverings or casings. Each machine shall be painted or covered with a protective coating to keep it free from rust. Each machine shall be serviced and/or repaired periodically and within 24 hours of a request to repair by the city.

(b) All sidewalks damaged by installation or removal of publication vending machines shall be repaired at the sole expense of the custodian in compliance with city standards for sidewalk repair.

(c) If the custodian fails to maintain the publication vending machine, the city engineer shall set and collect a fee which reflects the city's costs for the cleaning and/or repair of the newsrack.

(Code 1957, § 23.131)

Except as provided in section 74-235, whenever any publication vending machine is found to be in violation of this division, the city engineer shall cause a tag to be attached to the machine specifying the date and nature of the violation. Within three working days, a written notice of the violation shall be sent by the city engineer to the custodian whose name appears on the publication vending machine as provided in section 74-231. The custodian shall, within ten working days from the date on which the tag was attached, either cause the violation to be corrected or request a hearing pursuant to section 74-238.

(Code 1957, § 23.132)

The city engineer shall cause any publication vending machine to be impounded:

(1) Where its installation, use or maintenance immediately endangers the safety of persons or property, and it is impractical to move such machine to another legally permitted location;

(2) Where its installation, use or maintenance unreasonably interferes with or impedes the flow of vehicular or pedestrian traffic, and it is impractical to move such machine to another legally permitted location;

(3) Where its installation, use or maintenance unreasonably interferes with the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects legally permitted, and it is impractical to move such machine to another legally permitted location;

(4) Where its installation, use or maintenance unreasonably obstructs, interferes with or impedes access to or use of abutting property, including but not limited to residences, places of business, or legally parked or stopped vehicles, and it is impractical to move such machine to another legally permitted location;

(5) Where its installation, use or maintenance unreasonably interferes with the public's use and enjoyment of any publicly owned property or facility;

(6) When such machine has been abandoned. For purposes of this section, a machine shall be deemed abandoned when no new publication has been placed in such newsrack for a period of 60 days;

(7) When such machine does not have a name, address and telephone number affixed in a place where such information may be easily seen, and the custodian of such newsrack cannot be otherwise identified;

(8) When a tag has been attached to such machine pursuant to section 74-234, and the custodian has neither caused the violation specified on the tag to be corrected nor requested a hearing pursuant to section 74-238 within the time permitted;

(9) When a hearing and appeal, if filed, have resulted in a final determination that the violation specified on the tag attached to such machine has in fact occurred, and the custodian has failed to correct such violation within ten working days from the date of the determination; or

(10) When a request for a hearing or appeal has been withdrawn. Such request shall be deemed withdrawn either by actual withdrawal or by failure of the custodian to fully comply with section 74-238 or 74-239 of this division.

(Code 1957, § 23.133)

Whenever any publication vending machine is impounded pursuant to section 74-235, a written notice of the action shall be sent to the custodian, if identified, within three working days of such impoundment. The custodian may, within 60 days thereafter, request a hearing as provided in section 74-238.

(Code 1957, § 23.134)

(a) Any publication vending machine, together with its contents, which has been impounded pursuant to section 74-235, shall be returned to the custodian upon the following:

(1) Receipt of an impound fee of $100.00;

(2) A determination, after hearing by the city engineer pursuant to section 74-238 of this division, that the newsrack should not have been impounded and should be returned to the custodian; or

(3) A decision by the city council on appeal, pursuant to section 74-239 of this division, that the newsrack should not have been impounded.

(b) If a hearing has not been requested pursuant to section 74-238 within the time permitted following impoundment of any machine, an impound fee of $100.00 shall be imposed upon the custodian.

(Code 1957, § 23.135)

(a) Request for hearing. Any custodian may file a written request with the city engineer for a hearing for the purpose of demonstrating that a publication vending machine should not have been impounded or that a violation as specified on the tag attached to a machine pursuant to section 74-234 of this division has not, in fact, occurred.

(b) Notice of hearing. Within five working days from the date on which the request for the hearing is received, the city engineer shall set a hearing date and shall notify the custodian, by first class mail, of the date, time and place of the hearing. Unless agreed to otherwise, the hearing shall occur not less than five and not more than ten working days from the date of mailing the notice.

(c) Conduct of hearing. At the time set for such hearing or at the date to which such hearing is continued, the city engineer shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation, the compliance or noncompliance with any of the sections of this division, and any other relevant information. Such hearing need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation.

(d) Decision after hearing. Within ten working days after the conclusion of the hearing, the city engineer shall find and determine, from the facts adduced at the hearing, whether the publication vending machine should have been tagged and/or impounded and whether the machine shall be returned except upon receipt of fees as specified in section 74-237. The decision of the city engineer shall be in writing and shall contain findings of fact, a determination of the issues presented, and the amount of the fee, if any, to be imposed.

(Code 1957, § 23.136)

(a) Right to appeal. Any custodian may, within ten working days of the mailing date of the copy of the city engineer's decision and order made pursuant to section 74-238, appeal such decision to the city council by filing a notice of appeal and an appeal with the city engineer.

(b) Contents of appeal. An appeal shall set forth in writing specifically the grounds of the appeal and wherein the appellant believes the city engineer was in error or abused his discretion. The city engineer shall, within ten working days, transmit the appeal, together with a copy of the file, decision and order and response to the appeal, if any, to the city clerk, who shall forward it to the council or appropriate committee thereof.

(c) Action by council. The city council shall, upon receipt of the material from the city engineer or upon recommendation of any council committee which has considered the appeal:

(1) Approve the decision and order of the city engineer;

(2) Reverse or modify the decision and order, and refer the matter back to the city engineer;

(3) Set the matter for public hearing by so notifying the appellant. Such public hearing shall be held de novo as if no hearing had previously been held; or

(4) Approve the decision and order by taking no action within 30 days of the receipt of the appeal.

(Code 1957, § 23.137)

The city engineer may promulgate rules and regulations, not inconsistent with this division, which he deems necessary to properly exercise his jurisdiction under this division. All such rules and regulations shall be kept in the office of the city engineer, and a copy thereof shall be furnished to any applicant upon request.

(Code 1957, § 23.138)

The city engineer may authorize any person or department in the city's employ to assist or take over any of the duties or responsibilities assigned to the city engineer by this division.

(Code 1957, § 23.139)

Editor's note— Ord. No. 1537, § 12, adopted Oct. 21, 2002, repealed § 74-242 which pertained to criminal liability and derived from Code 1957, § 23.140.