Chapter 5.24 — PUBLICATION VENDING MACHINES

Sections:

• 5.24.010 Definitions.
• 5.24.020 Generally.
• 5.24.030 License--Required.
• 5.24.040 License--Insurance required.
• 5.24.050 Prohibited in roadways.
• 5.24.060 Obstructing or endangering vehicular or pedestrian traffic prohibited.
• 5.24.070 Maintenance and installation.
• 5.24.080 Prohibited locations.
• 5.24.090 Authority to alter restrictions.
• 5.24.100 Restrictions on sale of materials.
• 5.24.110 Information required on machines.
• 5.24.120 Violations--Impoundment and disposal.
• 5.24.130 Appeals.
• 5.24.140 Violations--Alternative to removal.

For the purposes of this chapter, certain words and phrases shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended: A. "Custodian" means a person who has the responsibility of placing, servicing, or maintaining a publication vending machine by depositing and/or removing material from the machine and/or by collecting moneys from the machine. B. "Parkway" means that area between the sidewalks 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" also includes any area within a

roadway which is not a sidewalk and is not open to vehicular traffic. C. "Publication vending machine" 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, news periodicals, magazines, books, pictures, photographs, and records. D. "Street" means all that area dedicated to public use for public street purposes and includes but is not limited to roadways, parkways, alleys, and sidewalks. (Ord. 75-8-739 § 1 (part): prior code § 5.36.010)

The regulations, restrictions, and procedures set forth in this chapter relate to the installation and maintenance of publication vending machines within the city. (Ord. 75-8-739 § 1 (part): prior code § 5.36.020)

No person or custodian, 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 permit the placement of any publication in a vending machine within the city, or place any such public vending machine on any street within the city, unless either the publisher or distributor of the material placed within the publication vending machine has a valid business license within the city and the one placing the publication vending machine upon the street has a valid business license within the city. (Ord. 75-8-739 § 1 (part): prior code § 5.36.030)

All persons shall obtain a business license in accordance with the procedures of Chapter 5.04 and the business license shall be maintained in full force and effect at all times that vending machines are maintained on public rights-of-way. Before issuing a business license, the director of finance shall insure that there is on file the following: A. A written statement satisfactory to the city attorney whereby the person who will place or maintain such machine on a public street agrees to indemnify and hold harmless the city and its officers, agents, or employees from any loss or liability or damages including expenses and costs for bodily or personal injury and for property damage sustained by any person as a result of the installation, use, or maintenance of such a machine within the city; B. A certificate of insurance establishing that there is in force and effect an insurance policy which will remain in force during the time that such machine is allowed to remain on public property, which such policy shall be of public liability insurance against liability for death or for injuries to persons or damage to property arising out of accidents attributable to the newspaper or magazine racks or stands or publication vending machines on city property in the amounts determined by the city with limits of at least one hundred thousand dollars for injury or death to any person, and three hundred thousand dollars for injury or death arising from any one accident or occurrence, and twenty-five thousand dollars for property damage. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of his permit and shall contain a provision that such policy may not be cancelled except after thirty days' notice in writing given to the director of finance. Copies of these policies or certificates evidencing the same shall be filed with the city. (Ord. 75-8-739 § 1 (part): prior code § 5.36.040)

No person shall install, use, or maintain any publication vending machine 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. 75-8-739 § 1 (part): prior code § 5.36.050)

No person shall install, use, or maintain any publication vending machine which in whole or in part rests upon, in, or over any public sidewalk or parkway when such installation, use, or maintenance endangers the safety of persons or property or when such area or location is used for public utility purposes, public transportation purposes, or governmental use, or when such publication vending machines unreasonably interfere with or impede the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location. (Ord. 75-8-739 § 1 (part): prior code § 5.36.060)

Any publication vending machine which rests in whole or in part upon, in, or over any public sidewalk or parkway shall comply with the following standards: A. No publication vending machine shall exceed five feet in height, thirty inches in width, or two feet in thickness. B. Publication vending machines shall only be placed near a curb or adjacent to a wall or a building. Such machines placed near the curb shall be parallel thereto and shall be no less than twenty-four inches from the face of the curb. Machines placed adjacent to the wall of a building shall be placed parallel to such wall and shall not be more than six inches from the wall. No such machine shall be placed or maintained on the sidewalk or parkway opposite another publication vending machine or group of such machines nor in such a manner that prevents pedestrians from passing freely and without obstruction along any sidewalk or through any marked or unmarked crosswalk. C. No publication vending machine shall be chained, bolted, or otherwise attached to property not owned by the owner of the machine or to any permanently fixed object, unless the custodian of the machine has first obtained the written permission of the owner of the object to which the machine is affixed. D. Publication vending machines may be placed next to each other, provided that no group of machines extends more than eight lineal feet along a curb or wall and a space of no less than three feet shall separate each such group of machines. E. Such machines may be chained or otherwise attached to one another, provided no more than three such machines may be joined together in this manner and a space of not less than three feet of clear space shall separate each group of three or less such machines so attached. F. No such machine or group of such machines permitted under subsection E of this section shall weigh in the aggregate in excess of one hundred twenty-five pounds when empty. G. No such machine shall be used for advertising signs or publicity purposes other than dealing with the display, sale, or purchase of the publications sold therein. H. Each such machine shall be maintained in a clean, neat, and attractive condition and in good repair at all times, and no issue or edition of any publication shall be allowed to remain in any such machine for a period in excess of seven days from the date of initial issuance or publication, whichever is sooner. (Ord. 75-8-739 § 1 (part): prior code § 5.36.070(a--f, h, i))

Notwithstanding any other provision of this chapter, no publication vending machine shall be placed, installed, used, or maintained in the following places: A. Within five feet of any marked crosswalk; B. Within fifteen feet of the curb return of any unmarked crosswalk; C. Within five feet of any fire hydrant, fire callbox, police callbox, or any other emergency facility; D. Within five feet of any driveway; E. Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop; F. Within six feet of any bus bench; G. In any location whereby the cross space or the passageway of pedestrians is reduced to less than six feet; H. Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window or any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes; I. Within one hundred feet of any other such machine on the same side of the street within the same block containing the same edition of the same publication. (Ord. 75-8-739 § 1 (part): prior code § 5.36.070(g))

A. Notwithstanding the provisions of this chapter, if the director of public works finds that the location of a publication vending machine, in accordance with the standards set forth in this chapter, will create or allow a condition prohibited by Section 5.24.060 or will otherwise endanger the public peace, health, safety or welfare or be contrary to the purposes and intent of this chapter, he may prohibit the location of such machine in accordance with such standards and/or may allow the location of such a machine in a manner deviating from, or at variance with the standards provided in this chapter, subject to such terms, conditions and regulations as he may deem necessary to protect the public peace, health, safety or welfare and to carry out the purposes and intent of this chapter.

B. Such finding may be made by the director of public works at any time. C. If such finding is made prior to the issuance of a permit, the finding of the director of public works shall be made a part of the permit at the time of issuance. D. If the finding is made subsequent to the issuance of a permit, written notice of the finding of the director of public works shall be given to the owner or custodian of the machine with the direction that there shall be compliance with the finding of the director of public works within ten days from the date of mailing notice. (Ord. 75-8-739 § 1 (part): prior code § 5.36.070(j))

A. No publication which is prohibited by the laws of the state from sale or distribution to minors may be offered for sale to the public unless such offer of sale is made or maintained in the presence of an attendant with the ability to prevent the purchase of such publication by a minor. B. No publication may be offered for sale to the public on any public right-of-way by means of a publication vending machine in such manner as to expose to the public view any photograph or drawing contained within such publication displaying any of the following:

1. The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person other than a child under the age of puberty;
2. Any portion of the breast, at or below the areola, of any female person, other than a child under the age of puberty. C. No person shall cause, permit, procure, counsel, or assist in an offer of sale of any such publication in violation of this section. D. Any publication offered for sale in violation of this section constitutes a public nuisance. (Ord. 75-8-739 § 1 (part): prior code § 5.36.080)

Every person or custodian who places or maintains a publication vending machine on a public sidewalk or parkway within the city shall have his or its name, address, and telephone number affixed thereto in a place where such information may be easily seen, and shall comply fully with the provisions of Section 17570 of the Business and Professions Code of the State of California as it exists on the date of the ordinance codified in this chapter or as may be hereafter amended. (Ord. 75-8-739 § 1 (part): prior code § 5.36.090)

Any publication vending machine installed, used, or maintained in violation of the provisions of this chapter may be summarily removed and stored in any convenient place by the director of public works or any public officer or body of this city. The public works director, public body, or public officer shall take reasonable steps to notify the owner thereof. Upon failure of the owner to claim the publication vending machine and pay the expenses of removal and storage within thirty days after such removal, the publication vending machine shall be deemed to be unclaimed property in possession of the city and may be disposed of in the manner provided by law. (Ord. 75-8-739 § 1 (part): prior code § 5.36.100)

A. Any person or entity aggrieved by finding, notice, or action taken under the provisions of this chapter may appeal, and shall be apprised of his right to appeal to such body as is designated by the city council to hear such appeals. B. An appeal must be perfected within three days after receipt of notice of any protested decision or action by filing with the office of the director of public works a letter of appeal briefly stating therein the basis for such appeal. C. The hearing shall be held on a date no more than ten days after the receipt of the letter of appeal. The appellant shall be given at least five days' notice of the time and place of the hearing. The appellate body shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the director of public works should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the director of public works. At the conclusion of the hearing, the appellate board shall make a final and conclusive determination. (Ord. 75-8-739 § 1 (part): prior code § 5.36.110)

In the case of violations of this chapter relative to restrictions upon attachments of machines to property other than that owned by the owner of the machine, to fixed objects, or to each other, and upon locations of machines, any city employee authorized by the director of public works may, as an alternative to removal under the provisions of this chapter, remove such attachment and/or move such machine in order to restore them to a legal condition. (Ord. 75-8-739 § 1 (part): prior code § 5.36.120)