San Leandro Municipal Code Art. 4 Newsrack Requirements

(Legislative History: Ordinance No. 2005-004, 6/6/05 (Sections 5-6-400—5-6-410))

Any newsrack which rests, in whole or in part, upon or within public property or a public right-of-way, or which projects onto, into or over public property or a public right-of-way shall comply with the requirements of this Article, or as subsequently modified by the Director, and with the following standards:

(a) Newsracks shall not exceed 60 inches in height, including pedestal, measured from the ground to the top of the surface of the newsrack, not more than two feet deep and not more than 30 inches wide.

(b) Newsracks shall be painted the color or manufactured in the color specifically designated by the Director, samples of which shall be provided to all permit applicants.

(c) No advertising signs or material shall be displayed on the exterior of a newsrack other than those associated with the name of the publication contained therein.

(d) A notice shall be affixed to each newsrack providing the name and address of the newsrack operator, including a current telephone number for reporting a malfunction and for obtaining a refund in the event of a malfunction of a coin-return mechanism.

(e) Additional standards specifically defining size and appearance requirements may be declared by the Director, and such standards must be consistent with the findings, intent and purpose of this Chapter. Notice must be given to all permitted newsrack operators within a reasonable time before any changes to the standards in this Section 5-6-400 take effect.

Any newsrack which rests, in whole or in part, upon or within public property or a public right-of-way, or which projects onto, into or over public property or a public right-of-way shall comply with the requirements set forth in this Article and with the following standards:

(a) Each newsrack shall be maintained in a neat and clean condition and in good repair at all times; for example, without limitation, the newsrack shall be reasonably free of dirt and grease; be reasonably free of chipped, faded, peeling or cracked paint; be reasonably free of rust and corrosion; have no broken or cracked plastic or glass parts; and have no broken structural parts.

(b) The area in the immediate vicinity of each newsrack shall be maintained in a neat and clean condition and clear of debris and discarded material, to the extent possible. Repeated violations of this section may warrant removal of the newsrack, in the reasonable discretion of the Director.

(c) No newsrack may be chained, locked or tied to any other newsrack, street tree, or any other public or privately owned fixture.

(d) Each coin-operated newsrack not in the Special Newsrack Districts shall be equipped with a coinreturn mechanism, which shall be maintained in good working order.

(e) Upon the removal of any newsrack not in the Special Newsrack Districts, the public right-of-way shall be returned to its original condition at the expense of the newsrack operator, including, but not limited to, the repair of any damage that may have been caused by the installation or use of the newsrack.

(f) The Director may declare additional standards specifically defining maintenance requirements, and such standards must be consistent with the findings, intent and purpose of this Chapter.

Any newsrack which rests, in whole or in part, upon or within public property or a public right-of-way, or which projects onto, into or over public property or a public right-of-way shall comply with the requirements set forth in this Article and with the following standards:

(a) No newsrack may be placed, installed, or maintained so that it projects onto, into or over any part of a roadway or street, or which rests, wholly or in part, upon, along or over any portion of a roadway or street.

(b) No newsrack may be placed, installed, or maintained so that it rests, in whole or in part, upon, in or over any public sidewalk or right-of-way, when such placement, installation, or maintenance endangers the safety of persons or property or when such site is used for public utilities, public transportation or other governmental use, or when such placement, installation or maintenance unreasonably interferes with or impedes the flow of pedestrian or vehicle traffic, including access for the disabled, bicycle access, the ingress into or egress from any residence, place of business or the use of poles, posts, traffic signs or signals, hydrants, postal service collection boxes or other objects permitted at or near such locations.

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

(1) Within any neighborhood that is zoned as a Residential District, as defined in Part II, Article 5 of the City of San Leandro Zoning Code;

(2) Within five feet of any marked crosswalk, or within 15 feet of any unmarked crosswalk as measured from the curb return, or within five feet of any wheelchair curb ramp not in a marked crosswalk;

(3) Within 15 feet of any fire hydrant;

(4) Within five feet of any fire call box, police call box or other emergency facility;

(5) Within five feet of any driveway;

(6) Within five feet of any bus bench or shelter;

(7) Within 15 feet ahead of, and five feet to the rear of, any sign marking a designated bus stop, relative to the direction of bus travel. Newsracks placed seven feet from the curb, measured perpendicular to the roadway, are exempt from this limitation;

(8) At any location where the clear space or sidewalk space for the passage of pedestrians is reduced to less than four feet;

(9) In such a manner as to impede or interfere with the reasonable use of any building, the activity of any business or residence or the use of any commercial window display or sidewalk cafe.

(d) Additional standards specifically defining the placement requirements may be declared by the Director, and such standards must be consistent with the findings, intent and purpose of this Chapter.