Sebastopol Municipal Code Ch. 5.66 Newsrack Regulations

“Director” means the Director of Planning, or his or her designee.

“Downtown” shall have the same meaning as in SMC 17.08.060.

“Newsrack” means any self-service or coin-operated box, container, or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals or publication, that rests or projects, in whole or in part, in or upon any portion of the public right-of-way.

“Newsrack permit” means authorization granted by the Director to use and maintain a newsrack.

“Permittee” means the person or entity designated on the permit as responsible for the newsrack. (Ord. 1169 § 2 (Exh. A), 2026)

A. No newsrack shall be installed, used or maintained which projects onto, into, or over any part of any public street;

B. No newsrack shall be installed, used or maintained in a manner that endangers the safety of persons or property, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian, wheelchair, or vehicular traffic;

C. No newsrack shall exceed 52 inches in height, 30 inches in width, or 24 inches in depth;

D. No newsrack shall be chained, bolted, or otherwise attached to any fixture located in the public right-of-way, including any tree, sign, or other object;

E. No newsracks may be placed within 100 feet of any other newsrack on the same side of the street on the same block;

F. In downtown, a maximum of three newsracks are permitted on each side of the street on the same block;

G. No newsrack shall be placed, installed, used or maintained:

1. Within 10 feet of any fire hydrant or other emergency facility;

2. Within 10 feet of any crosswalk;

3. Withing 10 feet of any curb ramp;

4. Withing 10 feet of a bus stop bench or transit shelter;

5. Within 10 feet of any driveway;

6. In a manner that obstructs a passageway for pedestrians, obstructs traffic control devices, or visibility for motorists and pedestrians;

7. On any access ramp for disabled persons. (Ord. 1169 § 2 (Exh. A), 2026)

A. Every newsrack installed prior to the effective date of the ordinance codified in this chapter that does not comply with SMC 5.66.020 shall be removed or otherwise brought into conformance with this chapter within six months of the effective date of the ordinance codified in this chapter.

B. In the event that multiple newsracks violate the requirements of this chapter due to their proximity to each other, whichever newsrack was installed later will be required to be removed or otherwise brought into conformance.

C. Nothing contained herein shall prevent or inhibit the City from taking all legal and appropriate steps to ensure that existing newsracks do not present an immediate hazard to public health and safety. (Ord. 1169 § 2 (Exh. A), 2026)

Any newsrack shall comply with the following standards:

A. Each newsrack shall have affixed to it the name, address, and permit number of the owner or permittee (if applicable), and a telephone number to call to report a malfunction, or to give the notices provided for in this chapter;

B. Each coin-operated newsrack shall be equipped with a functional coin-return mechanism;

C. Each newsrack shall have a door or covering;

D. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times, and shall be serviced and maintained so that:

1. It is reasonably free of dirt and grease;

2. It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereon;

3. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;

4. It is reasonably free of graffiti. The permittee shall be required to remove graffiti on any newsrack within 24 hours of oral or written notification by the City to the permittee of the existence of the graffiti. If the graffiti is not removed within that time, the permittee is deemed to have given the City authority to remove the graffiti at the permittee’s expense;

5. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;

6. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and

7. The structural parts thereof are not broken or unduly misshapen. (Ord. 1169 § 2 (Exh. A), 2026)

Beginning on the effective date of the ordinance codified in this chapter, it is unlawful to install, use or maintain any newsrack without first obtaining a permit from the Director or his or her designee. An application form for a newsrack permit shall be established and approved by the Director.

A. General Provisions. The Director shall charge a newsrack permit fee as set forth by resolution of the City Council to cover the administrative costs of processing permits. An applicant must pay a permit fee for each newsrack it occupies. Any permit issued shall be valid for one year. A permit must be renewed annually.

B. Issuance of Permits, Denials, Revocations and Appeals. Applicants interested in installing newsracks or in maintaining existing newsracks shall submit to the Director an application pursuant to this chapter. If approved, the Director shall issue a newsrack permit covering each location approved by the Director within 15 business days. If a newsrack permit is disapproved or revoked, in whole or in part, the Director or his or her designee shall notify the applicant in writing, explaining the reasons for denial or revocation of a newsrack permit. The applicant may appeal the decision by filing a written appeal with the City Manager within five business days following the date such notice is mailed or personally served. Upon receipt of an appeal, the City Manager’s office shall, notify the applicant of the date, time and place of the hearing. Notice of the hearing must be provided at least five business days before the hearing. The City Manager or designee shall issue his or her decision in writing no later than five business days after the hearing. The decision of the City Manager or designee shall be final.

C. Revocations. The City may revoke a permit if a newsrack is used or maintained in a manner that violates any law, this chapter, or permit conditions. (Ord. 1169 § 2 (Exh. A), 2026)

Upon removal of any newsrack, the permittee or responsible person shall eliminate any potential hazards to the public, such as bolts, brackets, or holes, and shall restore any disturbed area of the public right-of-way to the same or reasonably similar condition as any adjoining public right-of-way by leaving the public right-of-way level and free of protrusions or depressions, and shall be liable for all costs and expenses associated with restoring the right-of-way to the condition that would have existed had the newsrack not been installed. (Ord. 1169 § 2 (Exh. A), 2026)

Newsracks remaining empty for 60 days shall be deemed abandoned. An abandoned newsrack may be removed by the Director or designee and may be disposed of if it is not claimed by the responsible party within 30 days. If a permit has been issued for the newsrack, the Director shall notify the responsible party in writing at least 10 business days prior to both removal. If a permit has not been issued, the Director shall use best efforts to contact the owner of the newsrack based on information available on the newsrack itself. If no identification is shown on the newsrack and no newsrack permit has been obtained, posting of the notice on the newsrack alone shall be sufficient. (Ord. 1169 § 2 (Exh. A), 2026)

A. Immediate Removal. If the City determines that the condition or placement of a newsrack poses an immediate danger to public health, safety, or welfare, interferes with emergency operations, obstructs emergency access, or presents an immediate hazard, the City may cause the newsrack to be immediately removed and impounded. The City shall provide notice to the owner or permittee as soon as reasonably practicable following removal. If no identification is shown on the newsrack or no newsrack permit has been obtained, posting of the notice on the newsrack alone shall be sufficient.

B. Post-Removal. If the owner or permittee or otherwise responsible party does not dispute the merits of the removal, they may waive their rights to a post-removal notice and hearing and may reclaim the newsrack upon the payment of reasonable charges of removal and storage. In all other cases, the Director shall inform the owner or permittee of the date the newsrack was removed, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal hearing within 10 days of removal. The hearing procedures set forth in subsection D of this section shall apply.

C. Abatement. For newsrack violations that do not warrant immediate removal, the owner or permittee shall be notified by posting and mailing prior to removal or rehabilitation of any newsrack. The notice shall specify the manner in which this chapter is violated, shall give the owner or permittee 10 business days to remedy the violation and/or request a hearing. Failure to either remedy the violation or contest removal within 10 days after the mailing date of the notice shall result in removal and impoundment of the newsrack by the Director or his or her designee, at any time after expiration of the 10-day period. If no identification is shown on the newsrack or no newsrack permit has been obtained, posting of the notice on the newsrack alone shall be sufficient.

D. Hearing. If a hearing is requested, it shall be provided within 10 business days of the request and shall be conducted by the City Manager or his or her designee. The owner or permittee shall be given at least five business days’ notice of the time and place of the hearing and shall be entitled to present evidence showing that the newsrack was not installed, used or maintained in violation of this chapter. The City Manager or his or her designee shall issue a written decision within five business days of the conclusion of the hearing. The decision of the City Manager or designee shall be final. If the City Manager determines that the newsrack was installed, used, or maintained in violation of this chapter, the owner or permittee shall comply within 10 business days of issuance of the written decision. Failure of the owner or permittee to comply shall result in removal and impoundment.

E. Cost Recovery. No newsrack which has been removed and impounded by the City shall be released to the owner or permittee unless the costs of removal, impoundment, and any necessary repair to the premises on which the newsrack was placed have been paid. If a newsrack which has been removed and impounded remains unclaimed for a period of 30 days, it shall be deemed to be abandoned and disposed of in accordance with law.

F. The City Manager or his or her designee may, after a hearing in accordance with this chapter, order the newsrack returned upon payment of costs of storage and/or removal; or, without cost to the newsrack owner/permittee if no violation of this chapter is found. (Ord. 1169 § 2 (Exh. A), 2026)