San Leandro Municipal Code Art. 1 General Provisions

(Legislative History: Ordinance No. 2005-004, 6/6/05 (Sections 5-6-100—5-6-110))

(a) The City has a substantial governmental interest in promoting the public health, safety, welfare and convenience by ensuring use of the public rights-of-way without unreasonable interference.

(b) The public health, safety, welfare and convenience require that:

(1) Unreasonable interference with vehicular or pedestrian traffic is avoided;

(2) Obstruction of views of traffic, traffic signs and pedestrians is eliminated;

(3) Damage to sidewalks and streets is minimized and repaired;

(4) The good appearance of the public streets, sidewalks and grounds is maintained;

(5) Trees and other landscaping are allowed to grow undisturbed;

(6) Access to emergency and other public facilities is maintained; and

(7) Ingress and egress from properties adjoining public rights-of-way are maintained.

(c) The unregulated placement of newsracks in public rights-of-way may unreasonably interfere with use of the public rights-of-way, and may present hazards to persons or property.

(d) The City has a substantial governmental interest in preserving the aesthetic character of the Special Newsrack Districts.

(e) The purpose of the regulations set forth in this Chapter is to ensure that the placement and appearance of newsracks in the public rights-of-way do not unreasonably interfere with the public health, public safety and convenience, and to preserve the aesthetic character of the Special Newsrack Districts, in particular.

(f) It is intended that the provisions of this Chapter, and compliance with such provisions, shall be consistent with all laws protecting access to services for persons with disabilities, including but not limited to, the Americans with Disabilities Act.

(g) The regulation of newsracks as set forth in this Chapter provides the least intrusive and burdensome means for ensuring the purposes stated in this section are carried out while still providing ample opportunities for the distribution of news, opinion and information to the public.

(h) This Chapter is not intended to regulate the placement of newsracks on private property or property under the jurisdiction of any public agency other than the City.

Whenever the following words or phrases are used in this Chapter, they shall have the meaning ascribed to them by this section:

Deposit.

"Deposit" means the refundable deposit in the amount established by the Director, which must accompany a permit application as provided in Section 5-6-205 of this Chapter, and which may be used by the City as provided in Article 6 of this Chapter. The deposit shall be refunded to the newsrack operator within 30 days of expiration, nonrenewal or revocation of the permit.

Director.

"Director" means the San Leandro Engineering and Transportation Director or designee. The responsibilities of the Director include, but are not limited to the following:

(1)

Establishing the amount of the deposit that must accompany a permit application as provided in Section 5-6-205 of this Chapter;

(2)

Designating certain areas within the City as Special Newsrack Districts, with the advice of the Office of Business Development, and with the consent and approval of the City Council, as provided in Article 3 of this Chapter;

(3)

Receiving applications for newsrack permits as provided in Section 5-6-205 of this Chapter;

(4)

Determining procedures for the allocation of newsrack spaces citywide and in Special Newsrack Districts as provided in Sections 5-6-210 and 5-6-310 of this Chapter;

(5)

Designating the required color of newsracks as provided in Section 5-6-400 herein, with the advice of the Community Development Department;

(6)

Declaring additional newsrack placement standards if necessary, as provided in Section 5-6-410 of this Chapter; and

(7)

Holding hearings upon the request of newsrack operators regarding the removal, repair or maintenance of newsracks in violation of this Chapter, as provided in Section 5-6-615 of this Chapter.

Special Newsrack Districts.

"Special Newsrack Districts" means those areas designated as Special Newsrack Districts by the Director, with the consent and approval of the City Council.

Modular Newsrack.

"Modular newsrack" means an industry standard structure with multiple compartments designed to contain newsrack inserts.

Newsrack.

"Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of newspapers, periodicals or other publications.

Newsrack Insert.

"Newsrack insert" means an individual newsrack designed to fit within a modular newsrack.

Newsrack Operator.

"Newsrack operator" means a person or entity responsible for placing, installing and maintaining a newsrack in a public right-of-way.

Opaque Displays.

"Opaque displays" shall have the meaning specified in Section 4-29-210 of this Code, as may be amended from time to time.

Public Right-of-Way.

"Public right-of-way" means any area used or intended for use by the public for pedestrian or vehicular travel within the City, including, but not limited to, public streets, highways, roadways, sidewalks, median strips, plazas, alleys, parks, trails, and bridges.

Harmful Matter—Person—Minor.

For the purposes of this Chapter, the terms "harmful matter," "person," and "minor," shall have the meanings specified in Section 4-29-100 of this Code, as may be amended from time to time.

Distribute—Knowingly—Exhibit.

For the purposes of this Chapter, the terms "distribute," "knowingly," and "exhibit" shall have the meanings specified in Section 313 of the California Penal Code, as may be amended from time to time.

No newsrack operator shall place, install, use or maintain any newsrack within, or encroaching upon, public property or a public right-of-way within the City except in compliance with the provisions of this Chapter. The provisions of this Chapter constitute the exclusive requirements for newsracks located on public property or in public rights-of-way within the City.