Santa Fe Springs Municipal Code Ch. 96 Streets and Sidewalks

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Bench. A seat for the accommodation of persons.

Director. The Director of Public Works for the city.

Dwelling. A building or portion thereof designed exclusively for residential purposes.

Dwelling Unit. One or more rooms in a dwelling designed for occupancy by one family for living or sleeping purposes and having kitchen facilities for the exclusive use of only one family.

Highway. Any public highway, public street, public alley or other public place in the city either owned by the city or dedicated to the city for public use.

One-Family Dwelling. A building designed for occupancy by one family and containing one dwelling unit.

Parkway. That area of a public street or highway from the curb line to the private property line, including the area developed for sidewalk purposes. Where provisions of this chapter apply to streets and highways not fully developed, the Parkway shall be defined as the area between the edge of the existing pavement and the private property line.

Public Right-of-Way. Any public thoroughfare or way, including the sidewalk, the parkway, curb, median, and any other public property or easement within a public street.

(Ord. 84, passed 6-26-58; Ord. 164, passed 12-20-60; Ord. 187, passed 10-26-61; '64 Code, § 19-1; Ord. 392, passed 1-28-71; Am. Ord. 965, passed 11-9-04)

(A) Except as otherwise provided in this chapter, no sign, advertising display, merchandise or other object shall be placed in the public right-of-way. This prohibition shall be in effect regardless of the district or zone in which the right-of-way is located.

(B) The provisions of division (A) of this section shall not apply to:

(1) Directional, warning or informational signs required or authorized by law or officials of the city, county or state.

(2) Official notices issued by any court or governmental agency or officer.

(3) Street name signs installed or authorized to be installed by the city.

('64 Code, §§ 19-2—19-3; Ord. 392, passed 1-28-71; Am.Ord. 965, passed 11-9-04)

Cross reference— Penalty, see § 10.97

(A) The City Manager is authorized to issue a temporary permit for the placing of signs, merchandise or other objects in a parkway; provided, that the applicant for such permit shall show that the following conditions prevail:

(1) That the temporary permit is necessary in the public interest.

(2) That the denial of such permit would cause undue hardship.

(3) That such permit is necessary for a limited time only.

(B) The City Manager may place on any permit issued pursuant to division (A) of this section those conditions deemed necessary in the public interest. Such a temporary permit shall be issued for a period not longer than 30 days. At the expiration of the temporary permit, all signs, merchandise or other objects shall be removed by the applicant. The applicant shall have the right to appeal in writing the action of the City Manager to the City Council. The City Council shall have the right to deny or issue the permit and if such a permit is issued, to impose such restrictions or conditions as it may see fit. The decision of the City Council shall be final.

('64 Code, §§ 19-4—19-5; Ord. 392, passed 1-28-71)

(A) The City Council may in its sound discretion award a contract, following acceptance of a bid for such services, for the placement of benches at specified locations in the public right-of-way within the city. More than one such contract may be awarded to cover all locations within the city. The specific location of benches within the public right-of-way shall be determined by the Director of Public Works, who shall issue permits to the contractor for the placement, installation, relocation and maintenance of benches at locations approved by the Director.

(B) The City Council may accept or reject proposals in its sound discretion for the contracts provided for in division (A) of this section. In the event that a proposal is accepted, the Council may grant a multi-year contract, renewable at the election of the City Council. Any such contract may be revoked by the City Council for violation of the terms of such contract or of this chapter.

(C) The following provisions shall be deemed to be included in every contract awarded by the City Council pursuant to the provisions of divisions (A) and (B) of this section, and the contractor shall be deemed to have accepted such conditions by virtue of his acceptance of the contract:

(1) No bench shall be placed, located or maintained within the city without an encroachment permit obtained from the Director of Public Works.

(2) All benches shall be of uniform construction. Construction and appearance of benches shall be approved by the Director of Public Works.

(3) Each bench shall have displayed thereon the name and telephone number of the contractor in accordance with the specifications of the Director of Public Works.

(4) All advertising and substantial changes in advertising to be placed on any bench shall be first approved by the City Manager or his delegate as to location, content and design.

(5) No bench shall create a hazard, inconvenience or be detrimental to the public safety and welfare.

(6) The Director of Public Works shall determine the precise location of each bench.

(7) It shall be the duty of the contractor to maintain each bench at all times in a safe, clean and painted condition at its proper and lawful location and to inspect each bench periodically and to immediately remove any bench when the Director of Public Works determines that such removal would be in the public interest. Benches must be removed within five workdays following notification of the contractor by the Director of Public Works that the bench is unsafe or unsightly. Benches must be removed within ten workdays following notification of the contractor by the Director of Public Works that the location of the bench is no longer a specified, approved location or that the contractor has violated the regulations and restrictions of this chapter.

(8) In the event the contractor neglects or refuses to remove any bench after the number of days specified in subdivision (7) of this division, the city may summarily remove it and charge the contractor a fee in an amount set by City Council resolution for removal storage and at the end of 30 days of storage sell or otherwise dispose of any benches remaining. Upon payment of removal and storage costs by the contractor the bench will be returned if it has not been sold or otherwise disposed of.

(9) The contractor shall indemnify and save harmless the city, its agents, officers and employees from any and all costs, damages, expenses or liability which may result from or arise out of the granting of any permit or the installation or maintenance of any bench. In connection therewith, the contractor shall at all times keep and maintain public liability insurance in an amount and subject to the conditions specified by the City Manager and shall have the city named as additional insured on such insurance at no expense to the city.

(D) The contractor shall apply for an encroachment permit covering each bench to be placed and installed within the city. The application for the encroachment permit shall contain detailed plans and specifications of the type and construction of the benches to be installed and the names and addresses of the owners of the benches.

(1) The application shall be filed with the Director of Public Works who shall make his recommendations for approval or denial to the City Manager, who will grant the application or deny same within ten days from filing of the application.

(2) An encroachment permit may be revoked upon the determination of the City Manager that the public interest would be served thereby.

(3) The contractor shall pay an annual license fee in an amount set by City Council resolution.

(4) The Director of Public Works shall establish at the time of the granting of the permit the number of benches to be placed at each specified location. Benches must be placed at all specified locations determined by the Director of Public Works whether the benches have advertising on them or not.

('64 Code, §§ 19-6—19-7; '64 Code, §§ 19-7.1—19-7.2; Ord. 392, passed 1-28-71)

Cross reference— Penalty, see § 10.97

(A) Any decisions made by the Director of Public Works pursuant to this chapter may be appealed by any interested person, in writing, to the City Manager. Such appeal shall state concisely the grounds of appeal. The City Manager shall make his decision thereon in writing.

(B) Any decision made by the City Manager pursuant to this chapter may be appealed by any interested person, in writing, to the City Council. Such appeal shall state concisely the grounds of appeal. The City Council's determination with respect to such appeal shall be final and shall be communicated in writing to the appellant by the City Clerk.

('64 Code, § 19-8; Ord. 392, passed 1-28-71)

(A) It shall be unlawful for any person to erect, place or maintain in place, on either public or private property, except with the prior written approval of the City Engineer, any sign purporting to be or which could reasonably be mistaken by the traveling public or emergency vehicles for an official traffic, directional, street name, warning or information sign or structure required or authorized by any federal, state, county or city regulation, ordinance or resolution.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-8.1; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

The Director of Public Works shall summarily remove any signs, benches or other encroachments placed in the parkway or the public right-of-way in violation of the provisions of this chapter and shall have the right to enter upon private property if reasonably necessary to do so.

('64 Code, § 19-8.2; Ord. 329, passed 1-11-68; Ord. 392, passed 1-28-71)

(A) It shall be unlawful for any person to loiter or to stand or sit in or upon any public highway, alley, sidewalk or crosswalk so as to, in any manner, hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same or so as to, in any manner, annoy or molest persons passing along the same.

(B) Violation of this section shall be deemed an infraction.

(Ord. 20, passed 5-15-57; '64 Code, § 19-9)

Cross reference— Penalty, see § 10.97

The provisions of this subchapter apply only to the laying, constructing, reconstructing or repairing of curbs, gutters, sidewalks, driveways, highway surfaces, retaining walls, storm drains, culverts or other appurtenant structures.

(Ord. 164, passed 12-20-60; '64 Code, § 19-60)

No person shall lay, construct, reconstruct or repair in any street, alley or other public place or in, over or through any property or rights-of-way owned by the city any curb, gutter, sidewalk, driveway, highway pavement, retaining wall, storm drain, culvert or other appurtenant structure without first obtaining a written permit therefor, which permit shall be issued by the Director of Public Works.

(Ord. 164, passed 12-20-60; '64 Code, § 19-61)

Cross reference— Penalty, see § 10.97

No construction permit shall be issued unless a written application on a form to be provided by the Director of Public Works for the issuance of a construction permit is submitted to the Director of Public Works. The written application shall state the name, address and principal place of business of the applicant; the location, nature and extent of the work to be performed; the materials to be used and such other information as the Director of Public Works may require.

(Ord. 164, passed 12-20-60; '64 Code, § 19-62)

Each application for a construction permit shall be accompanied by an issuance fee of an amount as set by City Council resolution, no part of which shall be returned to the applicant regardless of the action taken on the application.

(Ord. 164, passed 12-20-60; '64 Code, § 19-63; Ord. 545, passed 6-22-78; Am. Ord. 811, passed 6-25-92; Am. Ord. 875, passed 6-12-97)

An applicant for a permit to construct a driveway, curb and gutter, parkway culvert, curb ramp, or sidewalk where no special plans are necessary shall, in addition to the issuance fee, pay an inspection fee of an amount as set by City Council resolution.

(Ord. 164, passed 12-20-60; '64 Code, § 19-64; Am. Ord. 875, passed 6-12-97)

(A) If, in the opinion of the Director of Public Works, the work proposed to be done requires the furnishing of curb grades or construction plans or the setting of stakes or any of such work and if such information is not available in the office of the Director, the Director, in his discretion, may determine that such information shall be provided by any one of the following methods:

(1) The Director may require the application to be accompanied by the necessary plans, which shall be prepared by a competent engineer. If such plans are required, in addition to the issuance fee, a fee as set by City Council resolution, based on the estimated construction cost, as determined by the Director, shall be collected, which fee shall be for plan review and inspection of the construction.

(2) The Director may have such work performed by his staff, in which case the applicant shall pay to the city a percentage of the cost of the curb and gutter construction abutting his property in addition to the issuance fee, as set by City Council resolution.

(3) The Director may engage a qualified engineer to perform the work, for which the applicant shall pay to the city a percentage of the cost of the curb and gutter construction abutting his property in addition to the issuance fee, as set by City Council resolution.

(B) Decisions of the Director under this section shall be subject to the availability of funds, and the scope of the work undertaken shall be commensurate with and reasonable in relation to the amount of curb and gutter which the applicant wishes to install. Waivers may be granted, pursuant to other applicable ordinances and regulations of the city, where the present installation of curb and gutter is deemed by the Director to be impractical.

(Ord. 164, passed 12-20-60; '64 Code, § 19-65; Am. Ord. 244, passed 4-10-64; Ord. 545, passed 6-22-78; Ord. 860, passed 7-13-95)

When curb grades and construction plans are available in the office of the Director of Public Works, the applicant shall be charged actual costs for such grades and plans in addition to the issuance fee.

(Ord. 164, passed 12-20-60; '64 Code, § 19-66; Am. Ord. 244, passed 4-10-64)

Not less than 24 hours before the commencement of any work covered by this subchapter, the permittee shall apply in writing to the Director of Public Works for an inspector therefor. In such application he shall specify the day and hour when, and the location at which, the work will be commenced.

(Ord. 164, passed 12-20-60; '64 Code, § 19-67)

All work for which a construction permit shall have been issued shall be performed in accordance with the standards and specifications adopted by the city or the special plans and specifications approved by the Director of Public Works and shall be performed to the satisfaction of the Director of Public Works and under the supervision of an inspector appointed by the Director of Public Works for such work.

(Ord. 164, passed 12-20-60; '64 Code, § 19-68)

Cross reference— Penalty, see § 10.97

The permittee holding a construction permit shall take appropriate measures to assure that, during the course of construction, traffic conditions as near normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, that the Director of Public Works may permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary. Written approval of the Director of Public Works may require that the permittee give notification to the various public agencies and to the general public. In such case, such written approval shall not be valid until such notice is given.

(Ord. 164, passed 12-20-60; '64 Code, § 19-69)

Cross reference— Penalty, see § 10.97

Construction under this subchapter shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures and all other vital equipment as designated by the Director of Public Works.

(Ord. 164, passed 12-20-60; '64 Code, § 19-70)

Cross reference— Penalty, see § 10.97

The permittee holding a construction permit shall not interfere with any existing utility without the written consent of the Director of Public Works and the owner of the utility. If it becomes necessary to relocate an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless other arrangements have been made with the person owning the utility.

(Ord. 164, passed 12-20-60; '64 Code, § 19-71)

Cross reference— Penalty, see § 10.97

Any monument set for the purpose of locating or preserving the lines of any street or property, subdivision or a precise survey reference point or a permanent survey benchmark within the city shall not be removed or disturbed or caused to be removed or disturbed without obtaining permission in writing from the Director of Public Works to do so. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses incidental to the proper replacement of the monument by the Director of Public Works.

(Ord. 164, passed 12-20-60; '64 Code, § 19-72)

Cross reference— Penalty, see § 10.97

(A) Warning signs, lights, and the like, used in construction work under this subchapter, unless specified by the Director of Public Works shall conform to the requirements of the most recent edition of the Work Area Traffic Control Handbook, prepared by the Southern California Chapter of APWA and published by BNI Publications, Inc.

(B) Violation of this section shall be deemed an infraction.

(Ord. 164, passed 12-20-60; '64 Code, § 19-73)

Cross reference— Penalty, see § 10.97

(A) No portion of any driveway shall be permitted between the points of curvature on a curb return except by written approval of the Director of Public Works.

(B) Violation of this section shall be deemed an infraction.

(Ord. 164, passed 12-20-60; '64 Code, § 19-74)

Cross reference— Penalty, see § 10.97

(A) Every curb cut and every point of vehicular access into a public street shall have, for a linear distance of at least 50 feet back from and beginning at the property line, a paved driveway at least equal in width to the width of the curb cut or of the vehicular access. The driveway approach area between the property line and the paved portion of the street shall also be paved of the same material and to the same width. Such paving shall be of a material and to specifications approved by the Director of Public Works. This division applies both to existing curb cuts and points of vehicular access and those approved in the future.

(B) It shall be unlawful, after the effective date of division (A) of this section, for any person to use, for ingress or egress, any curb cut or point of vehicular access to a public street which does not have a paved driveway and a paved driveway approach conforming to the requirements of this section.

(C) The Director of Public Works may, after the effective date of division (A) of this section, fill in, barricade or otherwise block any curb cut or point of vehicular access to a public street which does not have an approved paved driveway and driveway approach as required by such section.

(D) The Director of Public Works may grant exceptions to or modify the requirements of division (A) of this section, if he finds any of the following conditions exist:

(1) Physical conditions upon the affected property make it impossible or impracticable to require strict compliance with the requirements of division (A) of this section; or

(2) The driveway in question is used so infrequently that the expense of strict compliance with division (A) of this section would be prohibitive; or

(3) Other conditions exist which would make the requirement of strict compliance with division (A) of this section an unreasonable hardship upon persons affected thereby.

(E) Violation of this section shall be deemed an infraction.

('64 Code, §§ 19-74.1—19-74.4; Ord. 359, passed 8-14-69)

Cross reference— Penalty, see § 10.97

(A) Whenever any permittee holding a construction permit has completed any work for which a permit has been granted, he shall so notify the Director of Public Works in writing within 15 days after completion of work. If, after the Director of Public Works, or his duly authorized representative has, by survey, inspection or both found that the work has been completed in accordance with the requirements of the permit issued therefor and all the provisions of this subchapter, he shall issue, if requested by the permittee, a certificate of acceptance which shall contain a statement of the location, nature and total amount of the work performed under such construction permit.

(B) Violation of this section shall be deemed an infraction.

(Ord. 164, passed 12-20-60; '64 Code, § 19-75)

Cross reference— Penalty, see § 10.97

This subchapter shall be known as the "Tree Ordinance" and may be cited as such.

('64 Code, § 19-100; Ord. 390, passed 1-28-71)

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Director. The Director of Public Works of the city or any of his authorized deputies.

('64 Code, § 19-101; Ord. 390, passed 1-28-71)

It shall be the duty of the Director to plant, trim, prune and care for all trees, shrubs or plants and to remove all objectionable trees, shrubs or plants in and upon any street, alley or public right-of-way in the city, subject to the direction of the City Manager. Subject to such direction and the master street tree plan for the city, the Director shall have the power to designate the kind or variety of trees, shrubs or plants to be planted upon any street, alley or public right-of-way in the city; provided, however, that the owners of property fronting on any street, alley or public right-of-way may petition the City Manager that such trees, shrubs or plants shall be a certain kind or variety, but such petition shall be merely advisory to the action of the City Manager.

('64 Code, § 19-102; Ord. 390, passed 1-28-71)

(A) No person shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, alley or public right-of-way within the city without a permit therefor from the Director. The Director is hereby authorized to grant such permit in his discretion and, where necessary, subject to the condition that the removed tree be replaced by an official tree as designated by the master street tree plan. No such permit shall be valid for a longer period than 30 days after its date of issuance.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-103; Ord. 390, passed 1-28-71)

Cross reference— Penalty, see § 10.97

Any person maintaining any overhead wires or pipes or underground conduits along or across any street, alley or public right-of-way in the city desiring to have any tree, shrub or plant cut, trimmed, pruned or removed, may file with the Director a written request that such work be done and such request shall describe the work desired to be done and it shall be within the discretion of the Director to require a written agreement upon the part of the petitioner to pay the cost thereof and to do such work in the way stipulated by the Director before the issuance of any permit hereunder.

('64 Code, § 19-104; Ord. 390, passed 1-28-71)

No person shall interfere with the Director or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any street, alley or public right-of-way in the city, or in the removing of any stone, cement, plant or other substance from about the trunk of any tree, shrub or plant in any such street, alley or public right-of-way.

('64 Code, § 19-105; Ord. 390, passed 1-28-71)

Cross reference— Penalty, see § 10.97

(A) No person shall cause, authorize or produce any brine water, oil, liquid dye or other substance deleterious to tree life to lie, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub or plant in any street, alley or public right-of-way in the city at a point from which such substance may be lying upon or by flowing, dripping or seeping into such soil injure such tree, shrub or plant, or to otherwise harm or kill any such tree, shrub or plant. No person, without the approval of the Director, shall place or maintain any stone, cement or other substance so that it shall impede the free access of water or air to the roots of any tree, shrub or plant in any street, alley or public right-of-way in the city.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-106; Ord. 390, passed 1-28-71)

Cross reference— Penalty, see § 10.97

(A) No person shall attach or keep attached to any tree, shrub or plant in any street, alley or public right-of-way in the city or to the guard or stake intended for the protection thereof, any wire, rope, sign or other device whatsoever. No person, without the permission of the Director, shall plant or grow or permit to be planted or grown any ivy, geranium or other vegetation on, against or around any street tree to a height of more than six inches above the surface of the ground or curb line, whichever is lower.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-107; Ord. 390, passed 1-28-71)

Cross reference— Penalty, see § 10.97

(A) During the erection, repair, alteration or removal of any building, house or structure in the city, no person in charge of such work shall leave any tree, shrub or plant in any street, alley or public right-of-way of the city in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to such tree, shrub or plant arising out of or by reason of such erection, repair, alteration or removal.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-108; Ord. 390, passed 1-28-71)

Cross reference— Penalty, see § 10.97

When the erection, repairs, alteration or removal or moving of any building, house or structure necessitates the trimming, pruning or removal of any tree, shrub or plant on any street, alley or other public right-of-way of the city, except any trimming, pruning or removal required by the construction of a residential driveway, it shall be within the discretion of the Director to refuse permission or establish requirements to do such work. Applications for a permit to trim, prune or remove any tree or plant shall be filed with the Director at least three days prior to the time of doing such work. The Director may stipulate the condition upon which any trimming, pruning or removal may be done and may require the applicant to enter into an agreement whereby such applicant shall agree to pay all costs incurred for any inspection, labor, equipment or service deemed necessary by the Director.

('64 Code, § 19-109; Ord. 390, passed 1-28-71)

(A) The Director may inspect any tree, shrub or plant upon any street, alley or public right-of-way of the city or any tree, shrub or plant standing on any private property which overhangs or projects into the street, alley or public right-of-way of the city to determine whether the same or any part thereof is in such condition as to constitute a hazard or an impediment to the progress or vision of anyone traveling on such street, alley or public right-of-way.

(B) If, in the opinion of the Director, any such tree, shrub or plant is hazardous to the traveling public or impedes the progress or the vision of such public on any such street, alley or public right-of-way, he may cause the same or such part or parts thereof as are hazardous or impedient to be trimmed or removed to remedy such condition. However, no such tree, shrub or plant standing on any private property shall be cut down or removed unless the Director shall give such owner, occupant or agent a reasonable opportunity to be heard in support of any objection which such person may have to such action. If such objection be not sustained, the Director shall thereafter approve in writing the cutting down or removal of such hazardous or impeditive tree, plant or shrub.

(C) Nothing contained herein shall be deemed to impose any liability upon the city, its officers or employees nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon his property or under his control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, alley or public right-of-way within the city.

('64 Code, § 19-110; Ord. 390, passed 1-28-71)

The City Council finds and declares that the uncontrolled placement and maintenance of news racks on the public right-of-way creates physical danger to the travelling public, and the proliferation of such devices to display words and pictorial material describing and depicting explicit sexual conduct and nudity, which is thrust indiscriminately on children and unwilling adults, unreasonably interferes with and obstructs the public's use of such rights-of-way, constitutes unwarranted invasions of individual privacy, is injurious to health, is indecent and offensive to the senses, and such an obstruction of the free use of property so as to interfere with the comfortable enjoyment of life and property by the entire community. The City Council also finds, however, that the use of such rights-of-way is so historically associated with the sale and distribution of newspapers and publications that access to these areas for such purposes should not be absolutely denied. The City Council further finds that these strong and competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this subchapter designed to accommodate such interests by regulating the time, place and manner of using such news racks.

('64 Code, § 19-131; Ord. 641, passed 12-8-83)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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

Highway. All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

News Rack. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers, news periodicals or other news publications.

Parkway. That area between the edge of the roadway and the adjacent property line excluding that area occupied by the sidewalks. Parkway shall also include any area within a roadway which is not open to vehicular travel.

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

Sidewalk. Any surface provided for the exclusive use of pedestrians.

('64 Code, § 19-132; '64 Code, § 19-141; Ord. 641, passed 12-8-83)

(A) No person, whether as a principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place or maintain a news rack on or projecting onto a highway unless and until a news rack permit has been obtained from the Superintendent of Streets.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-133; Ord. 641, passed 12-8-83)

Cross reference— Penalty, see § 10.97

No fee shall be required for the issuance of a news rack permit.

('64 Code, § 19-134; Ord. 641, passed 12-8-83)

Upon proper application on forms provided by the Superintendent of Streets, the Superintendent of Streets shall issue the applicant a news rack permit. Notwithstanding any other provision of this subchapter, the Superintendent of Streets may not refuse to issue a news rack properly applied for. One permit shall permit the placement and maintenance of any number of news racks on the highway in accordance with the provisions of this subchapter.

('64 Code, § 19-135; Ord. 641, passed 12-8-83)

A news rack permit shall be renewable annually.

('64 Code, § 19-136; Ord. 641, passed 12-8-83)

(A) Every news rack permittee shall permanently affix to each news rack placed or maintained on or projecting over any portion of the highway:

(1) The permittee's name, address, and phone number; and

(2) The permittee's permit number.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-137; Ord. 641, passed 12-8-83)

Cross reference— Penalty, see § 10.97

(A) No person shall place or maintain any news racks on any portion of or projecting onto, into or over any portion of the highway on which vehicles are lawfully permitted.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-138; Ord. 641, passed 12-8-83)

Cross reference— Penalty, see § 10.97

(A) No news rack shall be placed, installed, used, or maintained in the following locations:

(1) Within three feet of any marked crosswalk.

(2) Within 15 feet of the curb return of any unmarked crosswalk.

(3) Within three feet of any fire hydrant, fire call box, police call box or other emergency facility.

(4) Within three feet of any driveway.

(5) Within three feet ahead of, and 15 feet to the rear of any sign or pavement markings marking a designated bus stop measured parallel to the flow of traffic.

(6) Within three feet of any bus bench.

(7) At any location where the news rack causes, creates, or constitutes a traffic hazard.

(8) At any location where the news rack unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property.

(9) Where the news rack will endanger persons or property.

(10) Where the news rack will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the highway.

(11) At any location whereby the clear space for the passage of pedestrians is reduced to less than three feet.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-139; Ord. 641, passed 12-8-83)

Cross reference— Penalty, see § 10.97

(A) Publications offered for sale from news racks placed or maintained on or projecting over the highway shall not be displayed or exhibited in a manner which exposes to public view from the highway 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, perineums, anuses, or anal regions 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.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 19-140; Ord. 641, passed 12-8-83)

Cross reference— Penalty, see § 10.97

The Chief of Police or Superintendent, or their designees, may immediately correct any violation of §§ 96.177 or 96.178 if such violation is creating a dangerous or hazardous condition. If practical, the news rack creating the dangerous or hazardous condition shall be moved to the nearest location on the highway which removes the dangerous or hazardous condition. If it is not practical to affect such a removal, then the news rack may be immediately removed and impounded. If the news rack is impounded pursuant to this section, a written notice of such action shall be sent to the permittee, or person, if known, maintaining the news rack within two working days after the impoundment. Such notice shall advise the permittee as to the location of the news rack, and of the fact that the permittee may pick up the news rack at that location without fee or charge of any kind. Except as provided in this section, news racks shall not be removed or impounded.

('64 Code, § 19-142; Ord. 641, passed 12-8-83)

The provisions of this subchapter shall not limit any other remedies authorized by law.

('64 Code, § 19-144; Ord. 641, passed 12-8-83)