San Mateo Municipal Code Ch. 17.12 Newsracks in the Public Right-of-Way

The Council finds that:

(a) The current limited control of the design, placement, installation, and maintenance of News Dispensers on and within the public rights of way interferes with and obstructs the use of such public rights of way, threatens the safe passage of pedestrians and vehicles, and further obstructs and interferes with the safe and reasonable use of private property adjoining, or in the vicinity of, such public rights of way, and further adversely impacts the aesthetics of the City creating structural and visual clutter and this Ordinance will reduce such negative impacts;

(b) The public health, safety, welfare, and convenience require that, in connection with the use, maintenance and placement of News Dispensers, 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 and overcrowding due to proximity to News Dispensers, 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 and this Ordinance will assist in meeting these goals;

(c) The placement and maintenance of News Dispensers on or within public rights of way is historically associated with the sale and distribution of newspapers, periodicals, and other publications and that such use shall not be denied or unreasonably restricted and this Ordinance will accomplish this goal;

(d) The provisions of this chapter should be consistent with the requirements of the Americans with Disabilities Act for the benefit of the public and this Ordinance is in compliance therewith;

Due to the unique nature of the Downtown Area, additional criteria should be applied to the Downtown Area to preserve and enhance both the appearance and function of both private and public improvements in the Downtown Area, as well as to ensure the ability of businesses to operate without unreasonable interference from News Dispensers and this Ordinance will assist in accomplishing this goal.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed thereto:Abandoned News Dispenser or Compartment. A News Dispenser or Compartment that for ten days contains debris, garbage, trash, or no current publications, or remains empty, except that a News Dispenser or Compartment remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication of the Publications sold or distributed from that News Dispenser shall not be deemed abandoned.Amortization Date. Six months from the effective date of this chapter.Block Face. The sidewalk area of a right-of-way on one side of the street between any two cross streets or a cross street and the end of the street.Compartment. A separate part or section of a Modular Newsrack that accommodates one or more Publication from a single Publisher.Director. The Director of Public Works or designee.Downtown Area. The area included within the Downtown Retail Core and Downtown Retail Core Support areas as designated on the Downtown Land Use Plan included as figure 11 in the Downtown Specific Plan.Freestanding 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 a single Publication but excluding Modular Newsracks.Harmful Matter. Matter defined as harmful matter under Section 313 of the California penal Code, and as said section may be amended.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 statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials.Mandatory Modular Area. The area included within the Downtown Area as defined in this section.Modular Newsrack. A News Dispenser containing two (2) or more Compartments within a single unit mounted at a fixed location but otherwise having the characteristics of a Freestanding Newsrack.News Dispenser. Both Freestanding Newsracks and Modular Newsracks, including Compartments.Operator. A person or entity that has entered into a written contract with the City to construct Modular Newsracks within the Mandatory Modular Area, including the Modular stands. An Operator is responsible for the placement and removal of Compartments in accord with the provisions of this chapter.Public Property. Property owned by the City, but excluding Public Right of Way.Public Right 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.Publisher. Any person or entity engaged in the direct distribution, or who is within the chain of distribution, of a Publication.Roadway. That portion of a public right of way improved, designed, and ordinarily used for vehicular traffic.Sidewalk. Any area provided for the use of pedestrians, including planting areas or parking strips, between the public roadway and adjacent property line.

All News Dispensers within the Mandatory Modular Area shall be Modular Newsracks placed by the City, or at the option of the Director, placed by an Operator contracted with by the City. In conjunction with the Publishers and interested adjacent property or business owners, the Director of Public Works shall determine the number of Modular Newsracks and the size and the location at which they will be placed. The final determination of each placement of Modular Newsracks shall be in the discretion of the Director of Public Works, but shall be exercised based upon the following criteria:

(a) Is the placement consistent with the goal of eliminating pedestrian congestion and enhancing pedestrian safety in the Mandatory Modular Area?

(b) Is the placement consistent with the goal of maintaining vehicular safety in the Mandatory Modular Area?

(c) Is the placement consistent with the goal of improving aesthetics by reducing visual clutter in the Mandatory Modular Area?

(d) Is the placement consistent with the goal of preserving business premises visibility and safety access to properties in the Mandatory Modular Area?

(e) Is the placement consistent with the goal of improving aesthetics by creating a consistent color and appearance pattern throughout the Mandatory Modular Area?

(f) Does the placement not impinge upon access to public utility vaults, poles, boxes, etc, or upon municipal facilities such as sidewalk trees and grates, public flower boxes, trash receptacles, benches, parking meters, fire hydrants etc.?

(g) Is the placement necessary to provide sufficient locations for dispensing Publications in the Mandatory Modular Area such that the applicant Publisher is afforded an effective opportunity within that Area to reach its readership?

If based upon substantial evidence the answer to all of the aforementioned questions is "yes", the Director shall approve the location for installation of a Modular Newsrack. In the event the Modular Newsracks are not owned by the City, the location and all other conditions shall be specified in an encroachment permit issued by the Department of Public Works. The City may in its discretion assign, delegate or contract for placement, operation or maintenance of Modular Newsracks or Modular Newsrack stands owned by it, but shall remain subject to the requirement of this chapter.

No person shall place, install, maintain, or cause to be placed, installed, or maintained a News Dispenser on, within, or projecting into a public right of way, or shall place or maintain a Publication in a Modular Newsrack within the public right of way, without first securing a permit therefore from the Director of Public Works, or designee. Nothing in this chapter shall effect the placement of News Dispensers on Public Property, which shall not be governed by this chapter and shall be determined by the City of San Mateo in its proprietary capacity.

Any Publisher who wishes to place, install or maintain a News Dispenser on, within, or projecting into any Public Right Of Way, or who desires space within existing Modular Newsracks, shall first submit an application to the Director of Public Works on a form provided by the Department of Public Works 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 News Dispenser;

(c) The number of News Dispensers or Compartments applied for and the number of Publications to be distributed from each and the proposed location of each;

(d) If applicable, the type of Newsrack and, if the Newsrack is not of the standard specified in subsection 17.12.080, a description thereof, including photographs and/or drawings if required by the Director.

(e) If applicable, a description of any Modular Newsrack and the number of Compartments it will contain.

(f) Multiple News Dispenser Locations. Any Publisher maintaining multiple News Dispenser locations shall, to the extent possible, combine all locations into a single permit application.

(g) Multiple Publications Distributed Within A Single Compartment. Any Publisher may distribute more than one publication within their compartments only if said publications have been listed on the Application for Permit. It will be the Publisher's responsibility to update the City with any change in publications within 30 days of initiating any modification.

(a) News Dispensers outside the Mandatory Modular Area. After receiving a completed application form, the Director of Public Works shall issue a permit within thirty (30) calendar days to a Publisher if the proposed location and the News Dispenser comply with the standards set forth in this chapter and the other requirements of this section are met. If the application is incomplete or is otherwise deficient or the permit cannot be issued for any reason, the applicant shall be notified of the deficiencies or reasons within fifteen (15) calendar days of receipt of the original application form.

(b) Modular Newsracks within the Mandatory Modular Area.

(1) After receiving a completed application form, the Director of Public Works shall issue a permit within thirty (30) calendar days to a Publisher if there is unreserved compartment space available within the Mandatory Modular Area, the compartment complies with the standards set forth in this chapter and the other requirements of this section are met. The schedule and procedures for replacement of Freestanding Newsracks with Modular Newsracks shall be in accord with Section 17.12.060 (i). If the Director deems an application to be incomplete or otherwise deficient or the permit cannot be issued for lack of available space or any reason, the applicant shall be notified of the deficiencies or reasons within fifteen (15) calendar days of receipt of the original application form.

(2) If compartment space is not available and not planned for in any program to expand installation of Modular Newsracks, then the applicant shall be informed of areas within the Downtown Area where Modular Newsracks may be placed based upon the criteria set forth in Section 17.12.030 and a permit shall be issued for installation of a Modular Newsrack in one of those areas that complies with the standards set forth therein and with this chapter and when the other requirements of this section are met.

(3) If under the provisions of Section 17.12.030, there remain no areas within the Downtown Area where Modular Newsracks may be placed, then the applicant shall be placed upon a priority list as described in Section 17.12.070.

(4) When issued a permit for a compartment, the applicant shall purchase its own compartment and deliver it to the Operator in accord with the conditions stipulated on the permit.

(5) Prohibited Locations. Notwithstanding the applicability of the criteria set forth above, due to roadway constriction and congestion, News Dispensers shall not be placed on Main Street between First Avenue and Third Avenue.

(c) The continuing validity of such permit shall be conditioned upon continued compliance with all the provisions of this chapter. Failure to so comply shall be grounds for removal or recapture in accord with section 17.12.140.

(d) For purposes of this chapter, an application shall not be deemed complete until the City receives proof of compliance with insurance requirements and the payment of any fees required for Newsracks under the City's Comprehensive Fee Schedule. Any permit not issued within thirty calendar days of the receipt of a complete application shall be deemed denied.

(e) Permits shall be valid for one year from the date of issuance and upon furnishing proof of compliance with insurance requirements and payment of fees for the upcoming permit period, shall be automatically renewed for one year on each anniversary of issuance unless a notice of nonrenewal is sent by first class mail to the permittee at least 15 days prior to the expiration date of the permit. Such notice of nonrenewal shall only be sent for failure to furnish proof of insurance and/or payment of fees and automatic permit renewal shall not take place unless the insurance or fee deficiency is corrected prior to the end of the current permit period. After notice of nonrenewal has been sent, failure to furnish proof of insurance and/or payment of fees within 30 days after the end of the permit period shall render the permit nonrenewable and require the Publisher to remove all News Dispensers governed by the permit from the Public Right-of-Way.

(f) Permits shall not be transferable and shall be evidenced by a sticker issued by the City and displayed on the News Dispenser or Compartment.

(g) Insurance shall be provided under the same terms as required for a public works encroachment permit.

(h) The Director is immediately authorized without need for further Council approval to institute implementing procedures and to create forms for the issuance of permits in accord with this section on a rotational or other reasonable basis that will allow for the orderly and efficient processing of permit applications and renewals.

(i) Replacement of Freestanding Newsracks in the Mandatory Modular Area with Modular Newsracks shall be accomplished according to the following:

(1) The Director shall determine the Block Faces to be next replaced by Modular Newsracks and notify Publishers that have Compartments assigned under the Stipulated Distribution Agreement within those Block Faces that they shall File a Permit Application, pay applicable fees and deliver to the Operator a Compartment meeting the specifications required under the Newsrack Ordinance within 30 days. The Director may grant an extension to a Publisher if it can be shown that Compartments are not commercially available within the 30-day period.

(2) In the event the Publisher has not filed for a Permit or delivered a Compartment to the Operator within the 30-day time period, or any extension thereof, the assigned Compartment space shall be reassigned to the next Publisher on the priority list.

At such time as the Operator has received Compartments from all Publishers assigned to a particular modular unit, the Operator shall install the modular stand and the Compartments and notify the relevant Publishers of such installation. At such time as all modular units designated to be installed under a priority list established under Section 17.12.070, have been installed on a particular Block Face, the Operator shall notify the City. At that time, the City shall notify all Publishers that all Freestanding Newsracks shall be removed from that Block Face within 20 days. Permit Fees. At least 15 days prior to the establishment of any proposed Fee or Fee increase, City shall mail written notice to all affected Publishers of the time and place of the meeting at which such increase shall be considered by the City Council.

At such time as this Ordinance becomes effective, the Director shall begin the process of replacing Freestanding Newsracks with Modular Newsracks within the Mandatory Modular Area. For this initial replacement process, space within Modular Newsracks in the Mandatory Modular Area shall be assigned in the following order of priority:

(a) Priority amongst Publishers desiring space in the Area shall be based on a lottery system conducted by the Director. The number of available compartment spaces shall be determined applying the criteria set forth in Section 17.12.030. A random selection from all of the participating Publishers for each non-site specific space shall be made by rounds. At such time as a Publisher has determined it has sufficient space for its needs, its name shall be eliminated from subsequent rounds. When the number of remaining rounds is the same as the original number of participating Publishers, the Director shall ask if any Publishers have yet to receive any compartment space. All Publishers who have yet to receive any compartment space shall then be given one compartment space. Any remaining spaces shall be randomly selected by rounds, as before, until there are no remaining spaces. A second random selection shall determine the specific location that each space will be assigned. Trading, selling, giving or other method of transferring assigned space to another Publisher, person or entity shall not be allowed. Any Publisher desiring additional space after the lottery process is complete shall be placed on the priority list discussed in subsection (d) below.

(b) Alternative Method. As an alternative to the lottery system, all participating Publishers may present to the Director an agreed upon distribution plan for the available spaces in the Mandatory Modular Area. If approved by the City Council applying the criteria set forth in Section 17.12.030, this agreed upon distribution plan will become the basis for the initial modular assignments.

(c) Vacancies. A Publisher with assigned compartment space may at any time return such space to the City by stating in writing its intent to do so. The City, or its Operator, shall thereafter remove the compartment and replace it with that of the next in line Publisher, or a space keeper box if there is no one on the priority list.

(d) Priority List. A priority list shall be created by the Director for the determination of assignment of compartment space as vacancies occur after the initial modular assignments under subsection (a) or (b) above. Priorities when vacancies occur in Modular Newsracks shall be established in the following order: (1) Publications maintaining permitted Free Standing Newsracks within the Mandatory Modular Area on June 18, 2002, that were not able to secure the desired number of spaces in Modular Newsracks as a result of the lottery procedure implemented pursuant to Subsection (a)., above, or were not included in any stipulated plan implemented under Subsection (b), above. If there are more than one Publication meeting this definition, priority within such group shall be based upon whichever historically has maintained Freestanding Newsracks in the Mandatory Modular Area for the longest period of time; (2) other Publications shall be given priority based upon the chronological sequence of the submittal of permit applications ("first-come, first-served" basis).

Priorities shall be recorded on a priority list maintained by the Director. Placement on the priority list shall entitle the Publisher to the next available vacant space when its name comes to the top of the list. If the Publisher declines the next available space, it may rather choose to be placed at the bottom of the priority list. If thereafter the Publisher desires additional spaces, its name shall be placed again at the bottom of the list and another space provided when its name comes up again. A Publisher who is not then currently on the priority list may be placed on the list at any time by filing a permit application for Compartment space within the Mandatory Modular Area. As an alternative to being placed upon the priority list, a Publisher may choose to apply for a new Modular Newsrack location under section 17.12.060 (b)(2).

Any News Dispenser which is placed, installed or maintained on, within, or projecting into any Public Right Of Way shall comply with the following standards and design:

(a) Freestanding Newsracks.

(1) Color and Design. Freestanding Newsracks may be painted any color. Freestanding Newsracks may be of the following types: an 80 or 100 style or a Ganset style, or a type equivalent to one or more of the foregoing examples, as determined by the Director. As used herein "equivalent" means a Newsrack of the same general size and style.

(2) Dimensions. No Freestanding Newsrack shall exceed fifty inches in height including the pedestal, measured from the ground to the top surface of the Freestanding Newsrack, thirty inches in width and twenty-four inches in depth.

(b) Modular Newsracks. All Modular Newsracks shall be painted Sho-Rack standard green and shall be of the following types: a 97 or 98 style Concourse model and a 49-16 style, or a type equivalent to one or more of the foregoing examples, as determined by the Director. As used herein "equivalent" means a Modular Newsrack of the same general size and style and which is structurally compatible with the Modular stand and existing Compartments.

(c) Each News Dispenser that 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.

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

(e) In order to eliminate visual clutter created by a multitude of Freestanding Newsracks, where there are five or more Newsracks within the public right of way that are located within 50 lineal feet of each other, the Newsracks shall be replaced by Modular Newsracks. Thereafter, any additional News Dispensers in that area shall be Modular Newsracks. The Director shall provide a sixty-day period to comply with this chapter after it gives notification to affected Publishers that Modular Newsracks are required. Any cost associated with the replacement of Freestanding Newsracks by Modular Newsracks shall be borne jointly and equally by the owners of each of the Freestanding Newsracks to be replaced by Modular Newsracks.

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

No harmful matter shall be displayed on or in any News Dispenser 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 (2/3) of the matter is not exposed to view.

This section shall only apply to Freestanding Newsracks. Modular Newsracks shall be placed in accord with section 17.12.030.

(a) Freestanding Newsracks shall only be placed near a curb or adjacent to the wall of a building. Freestanding 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. Freestanding 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; Freestanding 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 Freestanding 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 Public Works Inspector written permission to do so.

(c) No Newsrack shall be placed on a sidewalk opposite another Newsrack or kiosk which distributes Publications.

(d) Freestanding 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) Freestanding Newsracks shall comply with all accessibility standards of the Americans with Disabilities Act.

(f) No Freestanding Newsrack shall be placed, installed or maintained:

(1) Within five feet (5') of:

(A) any marked crosswalk;

(B) any wheelchair curb ramp not located on a marked crosswalk;

(C) any red curb;

(D) any blue curb or other designated disabled parking zone.

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

(3) Within five feet (5') of any fire hydrant, fire call box, police call box, or other emergency facility;

(4) Within five feet (5') 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 Freestanding Newsracks located seven feet (7') or more from the curb, measured perpendicular to the roadway, are exempt from the setback requirements of this Section;

(6) In such a way as to block access to 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 three feet (3') in width;

(12) In such place or manner as to interfere with the use of poles, posts, mailboxes, utility access point or meter or other permanently fixed objects lawfully located at or near the location of the Freestanding 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.

(15) Within 100' of any News Dispenser distributing the same publication of the permittee.

(a) Each News Dispenser and Compartment shall be maintained by the Permittee in a clean and neat condition, free of graffiti, dirt, other residue, grease, and corrosion, and in good repair at all times. No News Dispenser shall be allowed to be chipped, faded, or cracked or shall contain broken or cracked plastic, glass, or structural parts, including the coin deposit/return mechanism. Adhesive labels, stickers, etc., shall not be displayed on News Dispensers except as required under this chapter.

(b) Any Abandoned News Dispenser or Compartment and any such that has not been maintained in accordance with this section is in violation of this chapter and shall be subject to the removal/recapture provisions.

(c) Any Compartment within a Modular Newsrack that is not used for the sale or distribution of Publications shall remain empty and shall not be used for any other purposes.

(d) The structure and exterior housing of Modular Newsracks within the Mandatory Modular Area shall be maintained by the City or the Operator, if any, except that individual Compartments shall be maintained by the Permittee in accord with Section (a), above. Placement and removal of Publications and the collection and removal of money including maintenance of the coin deposit, coin return and any other operational mechanism, shall be that of the Permittee.

(e) Old or out-of-date material removed from any News Dispenser by any person shall be recycled or disposed of in a lawful manner. Such material shall not be disposed of in any trash receptacle owned or rented by others or owned by the City and placed within the right-of-way without the express written permission of the owner or renter. Such material shall be disposed of in a manner such that it does not constitute litter.

(a) In addition to other enforcement remedies available to the City, any News Dispenser or any Compartment installed, used or maintained in violation of any provisions of this chapter, including the failure to pay renewal fees, or that has been abandoned, may be removed or recaptured in accord with this section.

(1) Notice of Violation. Before removal of any News Dispenser or recapture of any Compartment, the Director of Public Works or designee shall notify the owner or user of the violation or, if applicable, of the intent to determine it abandoned. Written notification by first class mail to the address shown on the Permit Application in conjunction with posting on the News Dispenser shall constitute adequate notice. If no Permit Application can be found for the News Dispenser, posting of the notice on the News Dispenser alone shall be sufficient. The notice shall direct the permittee, or if no permit has been issued, the owner/user of the News Dispenser or Compartment to contact the Director of Public Works or designee. Unless the notice of intent is to determine it an Abandoned News Dispenser or Compartment, (see Subsection (c) below) the notice shall also state the nature of the violation, shall specify actions necessary to correct the violation, and shall give the owner or user ten business days from the date of posting of the notice to either remedy the violation or to request a meeting before the Director or designee. The notice shall also provide a telephone contact number.

(2) Meeting and Decision. Any owner or user notified pursuant to subsection (1) above, may request a meeting with the Director or designee by making a written request within ten business days from the date appearing on the notice. The meeting shall be informal but oral and written evidence may be given by both sides. The Director or designee shall give his or her decision within ten business days after the date of the meeting. Unless the owner or user fails to appear at the meeting, any action by the City to remove the News Dispenser or recapture the Compartment shall be stayed pending the written decision following the meeting.

(3) Removal and Impoundment. The City may remove and impound a News Dispenser or recapture a Compartment following the written decision upholding the determination of a violation under subsection (2) above, or if the owner or user has neither requested a meeting nor remedied the violation within ten business days from the latter of the date the notice described in subsection 1 above was mailed or posted. An impounded News Dispenser shall be retained by the City for a period of at least thirty calendar days following the removal, and may be recovered by the permittee upon payment of a fee as set forth in the City of San Mateo Comprehensive Fee Schedule. An impounded News Dispenser and its contents may be disposed of by the City after thirty calendar days.

(4) Summary Abatement. Notwithstanding the provisions of subsections (A) and (B), prior notice and an opportunity to be heard shall not be required prior to removal of any News Dispenser that is installed or maintained in such place or manner as to pose an immediate or clear and present danger to persons, vehicles or property. In such case, the City shall proceed in the following manner:

(A) Within the next working day following removal/recapture, the Director or designee shall notify by telephone the permittee or, in the case of an unpermitted News Dispenser or Compartment, the owner or user. Within three business days, the Director or designee shall send written confirmation of the telephoned notice. The written confirmation shall contain the reasons for the removal/recapture and information supporting the removal/recapture, and shall inform the recipient of the right to request, in writing or in person within ten business days of the date of such written notice, a post-removal/recapture meeting.

(B) Upon timely request, the Director or designee shall provide a meeting within forty-eight hours of the request, unless the requesting party agrees to a later date. The proceeding shall be informal, but oral and written evidence may be given by both sides. The Director or designee shall give his or her decision in writing to the requesting party within forty-eight hours after such meeting. If the Director or designee finds that the removal/recapture was proper, he or she shall notify the requesting party to pay any applicable penalties and costs and recover the News Dispenser or contents of the Compartment. If the Director or designee finds that the removal/recapture was improper and that placement of the News Dispenser or use of the Compartment was lawful, the Director or designee shall order that the News Dispenser or contents of the Compartment be released and reinstalled without charge.

(C) If the owner of an unpermitted News Dispenser or Compartment cannot be determined and the News Dispenser/Compartment does not contain the required identification, no notice of the removal shall be required.

(b) Any Abandoned Compartment within a Modular Newsrack in the Mandatory Modular Area may be recaptured, sold and reassigned by the Director to another user after following the notice procedures described in subsection (a)(1) above. If no claim of ownership is made within 20 days of such notice, the City may sell and reassign the Compartment to another Publisher. Any Abandoned Freestanding Newsrack may be removed from the right-of-way after the 20-day notice period and impounded and disposed of if not claimed within 30 days of removal.

The permittee, or applicant for a permit hereunder, or any owner of a News Dispenser or user thereof for which no permit has been issued or for which no application has been made, may appeal any decision or determination of a designee of the Director directly to the Director of Public Works by filing written notice of such appeal with the City Clerk within ten days of a decision or determination by the designee. 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 ten days of such decision or determination. The City Manager's decision shall be final. In the event of a timely request for judicial review, the decision of the City Manager shall be held in abeyance until a final judicial determination is made.

All money contained or placed in any News Dispenser 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.

The placement, installation or maintenance of any News Dispenser or use of a Compartment 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 available in connection with violations of this chapter, any violation of this chapter shall be punishable pursuant to Chapter 1.04 of this Code.

Any News Dispenser 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 six months of the effective date of this chapter except that all Freestanding Newsracks shall be removed from the Mandatory Modular Area in accord with the provisions of a stipulated plan approved under Section 17.12.070(b), or other reasonable plan providing for systematic replacement of Freestanding Newsracks with Modular Newsracks imposed by the Director.

In the event that any section or provision of this chapter is held to be invalid or inapplicable, it is intended that the invalid part or parts be severed from the remaining provisions in order to continue in force and effect as many provisions of this chapter as possible.

(a) Modular Newsracks. No Modular Newsrack or Compartment shall have advertising displays, or other signage, logos or similar adornments on the back, sides or top of the Modular Newsrack or Compartment. Allowed on the front of the Modular Newsrack Compartment is signage identifying the Publication contained therein.

(b) Freestanding Newsracks. Freestanding Newsracks may continue with existing signage identifying the Publication contained therein. All other advertising displays, logos or similar adornments on Freestanding Newsracks are prohibited. No new Freestanding Newsrack permitted after the effective date of this chapter shall have any advertising displays or other signage, logos or similar adornment upon the back, sides or top of the Freestanding Newsrack. Allowed on the front of such Freestanding Newsrack is signage identifying the Publication contained therein.

Nothing contained in this chapter shall impose a mandatory duty of enforcement on the City, or any officer, official, agent, employee, board, council, or commission thereof. Instead, if any provision purports to impose a mandatory duty of enforcement that provision shall vest the City and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the provision or not to enforce it.