Division 3 — PERMIT CONDITIONS; NEWSRACK REGULATIONS

Permits issued pursuant to this chapter have the following general conditions:

• (A) Permittees must maintain a valid business license issued pursuant to this code;

• (B) Permittees must pay all fees required by this chapter.

• (C) Newsracks cannot unreasonably:

• (1) Interfere with or impede the flow of pedestrian or vehicular traffic.

• (2) Interfere with or impede ingress or egress from any residence or place of business located adjacent to a public right-of-way.

• (3) Interfere with any public utility facility located within the public right-of-way or in close proximity thereto.

• (D) Except as otherwise provided, newsracks must be placed within the public right-of-way.

• (E) Permittees must enter into a hold harmless agreement with the city which will, in part, indemnify the city, its officers, employees, and agents, from any liability arising from a permittee's activities in a form approved by the City Attorney's office.

• (F) Permits are not transferable to another person or to another location.

• (G) The name, address, and telephone number of the permittee must be permanently affixed to newsracks.

(H) Each newsrack must have affixed to it in a readily visible place a notice setting forth the name and address of the person responsible for maintaining the newsrack and a working telephone number to call to report a malfunction, or to obtain a refund in the event of a malfunction of the coin-return mechanism.

• (I) Each newsrack must be maintained in accordance with this Code.

• (Ord. 1101, passed 6-21-04)

Each newsrack must comply with each of the following requirements:

(A) Size. No newsrack may exceed five feet in height, 30 inches in width, or two feet in depth.

(B) Placement. Newsracks may only be placed in a public right-of-way near a curb or adjacent to a wall of a building. The rear of newsracks placed near a curb must be placed not less than 18 inches nor more than 24 inches from the face of the curb. The rear of newsracks placed parallel to a wall or building must be placed not more than six inches from the wall or building. No newsrack may be placed or maintained in a public right-of-way opposite one or more newsracks.

(C) Groups of newsracks. Newsracks may be placed next to each other, provided that no group of newsracks must extend more than ten feet six inches along a curb or wall and a space of no more or less than three feet must separate each group of newsracks from another group of newsracks. There may be no more than three of the above described groups of newsracks located on a public right-of-way within a block.

(D) Anchoring. Each newsrack must be securely anchored to the ground or sidewalk.

(E) Each newsrack that require patrons to pay for a newspaper must be equipped with a working coin-return mechanism to permit a person using the machine to obtain an immediate refund in the event a person is unable to receive the publication paid for. The coin-return mechanisms must be maintained in good working order. (Ord. 1101, passed 6-21-04)

Notwithstanding any other provision of this chapter, no newsrack may be placed, installed, used or maintained as follows:

• (A) Within one foot of any area improved with lawn, flowers, shrubs or trees;

• (B) Within three feet of:

• (1) The entrance or exit to any building;

(2) Any display window in any building abutting a sidewalk or public right-of-way. No newsrack may be located directly in front of any display window of any building abutting a public right- of-way without the written consent of the person or entity legally in occupancy or otherwise in control of the premises on which the display window is located. Proof of such consent must be included in the permit application. If such consent is withdrawn, any newsrack placed in front of a display window must be removed within 14 days of the date of written notice from the city to the owner of such newsrack.

• (C) Within five feet of:

• (1) Any marked crosswalk;

• (2) The curb return of any intersecting public streets;

• (3) Any fire hydrant, fire call box, police call box or any other emergency facility;

• (4) Any designated bus stop area or any sign marking a designated bus stop;

• (5) Bus bench; or

• (6) Any curb painted blue, pursuant to the provisions of Cal. Veh. Code § 21458;

• (D) Within ten feet of any driveway;

• (E) In any location whereby the clear passage on a sidewalk for pedestrian traffic is reduced to less than five feet;

• (F) Within any public street;

(G) Within 100 feet of a newsrack containing the same edition of the same publication, except where bulk of a particular edition is such that more than one rack is required, in which case said newsracks must be placed side-byside;

(H) Within 300 feet of a uniform newsrack location, except for any period, not to exceed 30 days, during which a uniform newsrack permit has been granted at the location but the applicant has been unable to obtain a uniform newsrack;

(I) Chained or otherwise attached to any fixture. All newsracks must be permanently affixed to the pavement or otherwise anchored to a concrete base. Newsracks anchored to concrete bases must have a minimum weight of 100 pounds empty. Uniform newsracks which have been established and permitted pursuant to this chapter may be permanently affixed to the pavement or authorized support structures as established by City Council resolution.

(J) Be used for advertising, selling or storing material other than that dealing with the display, sale or purchase of the publication sold therein.

(K) No newsrack may remain empty for a period of 30 consecutive days.

(Ord. 1101, passed 6-21-04)

Each newsrack must be maintained in a clean and attractive condition and in good repair at all times, and no issue or edition of any publication may be allowed to remain in any such newsrack for a period exceeding the publication period of the material offered for sale therein or 30 consecutive calendar days after the date of the initial issuance or publication of such material, whichever is lesser. Specifically, but without limiting the generality of the foregoing, each newsrack must be reasonably free of dirt and grease; be reasonably free of chipped, faded, peeling and cracked paint; be reasonably free of rust and corrosion; have no broken cracked, dented, blemished or discolored plastic or

glass parts; have no torn, peeling or fading paper or cardboard parts or inserts; and have no broken or misshapen structural parts.

(Ord. 1101, passed 6-21-04)

Pursuant to Cal. Penal Code § 313.1(d), any harmful matter displayed in a public place from which minors are not excluded must be concealed with blinder racks, so that the lower two-thirds of the material is not exposed to view. (Ord. 1101, passed 6-21-04)