Santa Ana Municipal Code § 33-161 Standards

Footnotes:

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Editor's note— Ord. No. NS-2248, § 1, adopted June 5, 1995, amended Art. V in its entirety to read as herein set out. The old Art. V, §§ 33-150—33-167, pertained to similar subject matter and derived from Ord. No. NS-1735, § 1, adopted July 2, 1984.

(a) The purpose of this article is to promote the public peace, health and safety by regulating the placement, appearance, servicing and insuring of newsboxes 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 pedestrian 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 newsboxes resulting in a visual blight on the city's parkways, sidewalks, and detracting from the aesthetics of store window displays, adjacent landscaping and other improvements.

(5) Reduction in value of surrounding property.

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

(b) This article shall only apply to newsboxes which are located, in whole or in part, in, on or over any part of the public right-of-way.

(Ord. No. NS-2248, § 1, 6-5-95)

(a) Newsbox means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including but not limited to newspapers and news periodicals; except that cardboard, plywood or plastic boxes or crates and containers made of similar materials shall not constitute newsboxes. For purposes of this article, a newsbox shall consist of a single pedestal and case as more specifically described in section 33-161.

(b) Custodian means any person or persons who have the responsibility of placing, servicing or maintaining a publication vending machine by depositing and/or removing material from said machine and/or by collecting monies from said machine.

(c) Block shall mean the area between the curb and the property line on one (1) side of the street between the next intersecting streets or the terminus of the dedicated right-of-way of a street and an intersecting street.

(d) Sidewalk return. That portion of a sidewalk at a street corner bounded by the street curb, the street right-of-way line, (the property line) and the radial lines at the beginning and the end of the arc formed by the street curb.

(e) Public right-of-way shall include, but not be limited to the following: Street, roadway, parkway and sidewalk.

(f) Street shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys and sidewalks.

(g) Roadway shall mean that portion of a street which is improved, designed, or ordinarily used for vehicular travel.

(h) Parkway shall mean that area between the sidewalk and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" shall also include any area within a roadway which is not open to vehicular travel.

(i) Sidewalk shall mean any surface provided for the exclusive or primary use of pedestrians.

(j) Director shall mean the executive director of the public works agency.

(Ord. No. NS-2248, § 1, 6-5-95; Ord. No. NS-2731, § 3, 2-5-07)

No person shall install or maintain any newsbox without first obtaining a permit and city identification decal(s) from the director. One (1) permit shall be required for each applicant, regardless of the number of newsboxes. Each permit shall be valid for one (1) year. A city identification decal shall be required for each newsbox. The director shall approve or deny each application within one hundred twenty (120) days after the application is accepted as complete. Any application which is not denied within such time period shall be deemed approved.

(Ord. No. NS-2248, § 1, 6-5-95)

An application for a permit shall be accompanied by nonrefundable fees as established by resolution of the city council, and shall contain a written statement, signed by the applicant, whereby the applicant agrees to indemnify and hold harmless the City of Santa Ana, its officers, agents and employees, from any loss or liability or damages, including expenses and costs, for bodily injury and property damage sustained by any person as a result of the location, installation, use, maintenance, removal or storage of applicant's newsboxes within the city.

(Ord. No. NS-2248, § 1, 6-5-95)

An application for a permit shall be accompanied by a certificate of insurance evidencing that a comprehensive liability insurance policy has been issued for the period of the identification number, naming the City of Santa Ana, its officers, agents and employees as additional insureds. The policy limits of said insurance shall be not less than five hundred thousand dollars ($500,000.00) combined single limit, or equivalent. Said policy shall also contain a provision that no termination, cancellation, or change of coverage of insured or additional insureds shall be effective until after thirty (30) days notice thereof has been given in writing to the clerk of the council. If such insurance is cancelled at any time during the time applicant's newsboxes are installed on public property, such newsboxes shall be removed in accordance with section 33-164.

(Ord. No. NS-2248, § 1, 6-5-95)

The application for a permit shall describe the location(s) where newsboxes are to be placed by the applicant. In the event additional newsboxes are installed within the city or newsboxes are removed from the city subsequent to issuance of the permit, an amended application shall be filed with the director and fees for any additional newsbox locations shall be paid.

(Ord. No. NS-2248, § 1, 6-5-95)

No person shall install, use or maintain any newsbox which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street.

(Ord. No. NS-2248, § 1, 6-5-95)

(a) Newsboxes shall only be placed near a wall or a building or adjacent to the property line. Newsboxes placed adjacent to the property line shall be placed parallel to such property line and not more than four (4) inches from the property line.

(b) No newsbox shall be placed on any parkway.

(c) No placement of one (1) newsbox above another is permitted.

(d) Every newsbox shall be installed on a single pedestal or up to four (4) may be installed horizontally on a multiple post which shall be securely anchored to the surface and shall be constructed, installed and maintained in a safe and secure condition, approved by the director.

(Ord. No. NS-2248, § 1, 6-5-95; Ord. No. NS-2731, § 4, 2-5-07)

Newsboxes shall not be placed, installed or maintained:

(1) Within ten (10) feet of the point of intersection of the edge of a marked crosswalk;

(2) On or within thirty (30) feet of any sidewalk return at any street corner;

(3) On those sidewalks that have been designated as official bike routes;

(4) Within twenty (20) feet of any fire hydrant, fire call box or police call box;

(5) Within ten (10) feet of any driveway;

(6) Within ten (10) feet of light standards, trash receptacles, traffic signal control boxes, mail boxes, water meters, gas meters, electrical pull boxes, catch basins and sewer manhole covers and sewer lines;

(7) Within ten (10) feet of any bus bench;

(8) Within ten (10) feet ahead of any sign marking a designated bus stop;

(9) Within ten (10) feet of any legal parking space or curb painted yellow, white or green by authorized public employees for the purpose of regulating parking;

(10) In any location whereby the cross space of the passageway on the sidewalk is reduced to less than five (5) feet;

(11) Within ten (10) feet of the imaginary lines that would be formed by extending the width of the entrance to a structure;

(12) Within fifteen (15) feet of a city tree;

(13) Within five (5) feet of a curb face.

(Ord. No. NS-2248, § 1, 6-5-95)

(a) Newsboxes must be bolted down. No more than four (4) such newsboxes may be placed together in this manner and must be spaced two (2) inches apart. A space of no less than three (3) feet shall separate each group of four (4) newsboxes so placed.

(b) Newsboxes may be placed next to each other, provided that no group of said newsboxes shall extend more than nine (9) feet along a wall and a space of no less than three (3) feet shall separate each such group of newsboxes.

(c) In the case of any violation of subsection (a), (b) or (c) of this section, the director shall remove the machine and its contents after following the procedure outlined in section 33-164.

(Ord. No. NS-2248, § 1, 6-5-95)

No newsbox shall be used for commercial advertising signs or publicity purposes other than to state the name of the publication sold therein.

(Ord. No. NS-2248, § 1, 6-5-95)

All newsboxes shall comply with the following standards:

(1) Each newsbox case shall contain a plastic display window, and an automatic coin return for those newsboxes which are coin operated. In the case of a newsbox divided into two (2) compartments, there shall be two (2) display windows, one (1) for each compartment. A newsbox shall not be divided in order to display more than two (2) written or printed material.

(2) Each case shall be reinforced with steel angles.

(3) Each support frame shall be reinforced with angle iron.

(4) Each support frame pedestal shall contain a three-inch to six-inch width steel tube having one-quarter-inch wall thickness.

(5) Each support frame and pedestal shall be attached to a steel pad.

(6) Case dimensions shall not exceed the following:

Height .....36½ inches

Length .....20½ inches

Width .....16¼ inches

(7) Support frame dimensions shall not exceed the following: .....

Length .....20¾ inches

Width .....16¼ inches

Height .....1½ inches

(8) Steel pad dimensions shall not exceed the following: .....

Length and width .....10 inches

Thickness .....3/16inch

(9) The height of the pedestal shall not exceed sixteen and one-half (16 ½) inches.

(10) The height of the entire newsbox shall not exceed fifty-two (52) inches.

(Ord. No. NS-2248, § 1, 6-5-95; Ord. No. NS-2731, § 5, 2-5-07)

No person shall place any cardboard, plywood or plastic box or crate or other container that is not a newsbox on any sidewalk or street or other public place and leave the same unattended for the purpose of causing or allowing materials within the same to be taken by members of the public. Any such container placed on any street or sidewalk in violation of this section may be summarily abated by city personnel.

(Ord. No. NS-2248, § 1, 6-5-95)

(a) Each newsbox shall be maintained so as not to become mechanically inoperable or have cracked or broken coverings or casings. The newsboxes shall be painted or covered with a protective coating so as to keep them free from rust.

(b) No issue or edition of any publication shall be allowed to remain in any such newsbox for a period in excess of four (4) days past the date the next issue is published or disseminated (whichever is sooner). Any issue or edition remaining in a newsbox for more than four (4) days after the date the next issue is published or disseminated (whichever is sooner) shall be summarily removed and discarded by the director.

(c) In the event any newsbox installed pursuant to this article is not serviced with the publication it is designed to disseminate for a period of five (5) days, it shall be deemed abandoned and shall be subject to removal pursuant to section 33-164. For purposes of this section, "is not serviced" shall mean that no issue is in the newsbox for a period of five (5) days or longer; or an issue that has been followed by a more recent issue, remains in the newsbox for a period of five (5) days or longer.

(Ord. No. NS-2248, § 1, 6-5-95)

Every person or custodian who places or maintains a newsbox on a public sidewalk 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 person or custodian is a corporation, then the name, address, and telephone number of the distributor, or an individual who can relate the name of the distributor, must be affixed in a place where such information can be easily seen. The city identification decal must be placed inside of the front window of the newsbox where it may be readily seen.

(Ord. No. NS-2248, § 1, 6-5-95)

(a) If any newsbox is not properly identified as to the owner or custodian thereof, or identified with a city identification decal, a copy of section 33-163 (the identification requirement) shall be sent by certified mail, return receipt requested, to the publisher of the publication sold in the newsbox, and a copy of said section will be posted on said newsbox.

(b) If any newsbox is properly identified, but in the opinion of the director is installed, used or maintained in violation of any other provisions of this article or is abandoned, an order to correct the offending condition shall be sent by certified mail, return receipt requested, to the owner or custodian of such newsbox. Such order shall specifically describe the offending condition and recommend actions necessary to correct.

(c) If within five (5) working days following receipt of the notice, a newsbox is not properly identified or the offending condition is not corrected, or the owner or custodian has not requested a hearing before the director or his designated representative, the offending newsbox and its contents shall be removed and stored in a convenient location by the director.

(d) The director shall notify the custodian of a newsbox which has been removed and stored by the director of such removal and storage as soon thereafter as practical, but in any event no longer than five (5) days thereafter. The custodian shall be notified by certified mail and given thirty (30) days to pay the expenses of removal and storage.

(e) Upon failure of the owner or custodian to claim a newsbox and pay a fee as set by city council resolution for removal and storage, or appeal pursuant to section 33-166 within thirty (30) days after such removal, said newsbox and its contents shall be processed as unclaimed property and disposed of pursuant to the applicable provisions of law.

(f) When a newsbox has been removed and stored, the owner or custodian shall be charged a processing fee as set by city council resolution in addition to the removal fee, before the newsbox may be released.

(g) Upon removal of any newsbox by the owner or custodian, the owner or custodian shall remove all materials from the site and shall restore the site to the condition in existence prior to the installation of the newsbox.

(Ord. No. NS-2248, § 1, 6-5-95)

In the case of violations of sections 33-156, 33-157 and 33-158, the director, as an alternative to removal under the provisions under section 33-164, may move such newsboxes in order to restore them to a legal condition.

(Ord. No. NS-2248, § 1, 6-5-95)

Any person or entity aggrieved by a finding, notice, or action taken under the provisions of this article, may appeal pursuant to the procedures of Chapter 3 of this Code, and shall be apprised of his right to appeal.

(Ord. No. NS-2248, § 1, 6-5-95)

Any person violating any of the provisions of this article shall be guilty of an infraction, and upon conviction thereof, shall be subject to a fine not to exceed fifty dollars ($50.00) for a first violation; a fine not exceeding one hundred dollars ($100.00) for a second violation of the same article within one (1) year; a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same article within one (1) year. Each day that such violation is committed or permitted to continue shall constitute a separate offense, and shall be punishable as such hereunder.

(Ord. No. NS-2248, § 1, 6-5-95)