Simi Valley Municipal Code Art. 10 Newsracks

(a) Findings. Based upon the evidence and testimony presented during the consideration of the ordinance codified in this article, and having weighed the costs and benefits of these regulations, the City Council finds and declares that:

(1) The uncontrolled placement and maintenance of newsracks in the public right-of-way can constitute a threat to public health, safety, and welfare by interfering with and obstructing the use of the public right-of-way and by offending community aesthetic sensibilities.

(2) Newsracks located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly, dirty or otherwise inadequately maintained newsracks located therein, constitute public nuisances.

(3) The uncontrolled proliferation of newsracks creates visual clutter and detracts from the appearance of streets, sidewalks, and adjacent businesses.

(4) The foregoing conditions are illustrated by the photos contained in Exhibit A attached to the ordinance codified in this article and constitute an unreasonable interference with and obstruction of the use of public rights-of-way, constitute an unwarranted invasion of individual privacy, are injurious to health, offensive to the senses, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community.

(5) The Council recognizes, 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 those areas for such purposes should not be absolutely denied. The Council further finds that these strong and competing interests of providing for newsracks as a means to distribute information that is accessible to the public, and in a manner that is sensitive to the aesthetic attributes and pedestrian circulation require a reasonable accommodation, which can only be satisfactorily achieved through the means of this article, which is designated to accommodate such interests by regulating the time, place and manner of using such newsracks.

(6) The color, height and size restrictions and limitations on the number of newsracks at any one location or on a block, directly advance the City's substantial interests in curbing visual blight because newsracks that are smaller and shorter and more uniform in color are less apt to offend community aesthetic sensibilities. Also, fewer newsracks at any one location or on a block will advance the City's interest in eliminating visual clutter, as well as advancing pedestrian and vehicular safety. These restrictions are not based on content or viewpoint. A city may fairly prefer smaller or fewer objects of visual blight over larger ones, or more of them at any one location. By not banning all newsracks, a significant opportunity to communicate by other means is permitted which generally constitutes a First Amendment virtue rather than a vice. See Prime Media, Inc. v. City of Brentwood, Tennessee 398 F.3d 814 (6th Cir. 2005).

(7) In addition, as required by the tests used by the courts for time, place and manner restrictions such as contained in the ordinance codified in this article, these regulations leave ample alternative channels of communications in that although the number of newsracks in any one location or on any block are limited, there are a vast number of blocks and locations available in the City's thirty-eight and nine tenths square miles at which newsracks are permitted to be located under the Ordinance that are more than sufficient to accommodate the approximately two hundred fifty (250) to three hundred (300) newsracks currently in the City that are located in the public right-of-way.

(8) In creating these restrictions, the City Council has considered their costs and benefits and drafted these regulations so that they are not substantially broader than necessary to protect the City's interests in eliminating visual clutter, improving the communities aesthetics, and advancing public safety (see Get Outdoors II v. City of San Diego 506 F.3d 886 (9th Cir. 2007), and Prime Media Inc., Supra, cited with approval by the 9th Circuit in Get Outdoors II).

(b) Purpose. The purpose of this article is to achieve the legally required reasonable fit between the City Council's goal of promoting the City's substantial governmental interests in aesthetics and safety and the regulation of the placement, appearance, number, size, and servicing of newsracks on the public rights-of-way so as to:

(1) Provide for pedestrian and driving safety and convenience, including the elimination of damage to persons and property from non-anchored newsracks caused by strong wind conditions, other acts of nature, or vandalism;

(2) Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any place of business or residence, from the street to the sidewalk, or from parked vehicles to the sidewalk;

(3) Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, and mailboxes, and similar appurtenances, and access to locations used for public transportation purposes;

(4) Relocate and/or replace newsracks which result in a visual blight and clutter associated with poorly maintained, or improperly located, or abandoned newsracks, and unnecessarily large groupings of newsracks on the public rights-of-way;

(5) Protect the aesthetic character of the City and value of surrounding properties;

(6) Protect the quiet of residential areas;

(7) Encourage well-designed and aesthetically compatible newsracks;

(8) Reduce exposure of the City to personal injury or property damage claims and litigation, including the elimination of damage to persons and property from non-anchored newsracks caused by strong wind conditions, other acts of nature, or vandalism;

(9) Protect the right to distribute information, protected by the United States and California Constitutions, through the use of newsracks, leaving open ample alternative channels of communication;

(10) Recover the actual costs of processing and enforcing the original or amended encroachment permit.

(c) Preservation of constitutional rights. It is not the intent of this article to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any printed material, which is constitutionally protected.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

(a) "City Manager" refers to the City Manager or the designee of the City Manager.

(b) "Day" or "days" means working or business day(s) unless otherwise stated.

(c) "Director of Public Works" refers to the Director of Public Works or the designee of the Director of Public Works.

(d) "Neutral" in regard to color means dull or bland.

(e) "Newsrack" means each self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display, distribution, or sale of newspapers or news periodicals.

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

(g) "Permanent newsracks" means newsracks installed in accordance with the requirements of this article.

(h) "Person" means any person or persons, or entity, including, but not limited to, a corporation, partnership, unincorporated association or joint venture.

(i) "Roadway" means that portion of a public street improved, designed, or ordinarily used for vehicular travel.

(j) "Sidewalk" means any surface provided for the exclusive use of pedestrians.

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

(§ 1, Ord. 797, eff. July 15, 1993; as amended by § 3, Ord. 847, eff. October 19, 1995 and § 1, Ord. 1130, eff. June 5, 2008)

(a) Roadway prohibition. No person shall install, use, or maintain any newsrack which projects onto, into, or over, or which rests, wholly or in part, upon any part of the roadway of any public street.

(b) Sidewalk restrictions. No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway: (1) when such installation, use, or maintenance endangers the safety of persons or property; (2) when such site or location is used for public utility purposes, public transportation purposes, or other governmental use; (3) when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including legally parked or stopped vehicles; the ingress into or egress from any residence or place of business; the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location; (4) when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery; or (5) in any other manner inconsistent with or in violation of the provisions of this article.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

(a) Permit. No person shall install or maintain any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway without first obtaining a permit from the Director of Public Works after providing the following in a format acceptable to the City:

(1) The location of each newsrack to be installed or maintained in the City by the registrant;

(2) The name, address and telephone number of the registrant;

(3) Hold harmless statement as required by Section 7-1.1005;

(4) Proof of insurance as required by Section 7-1.1006;

(5) Evidence of newsrack identification as required by Section 7-1.1007; and

(6) Proof of payment for a business tax certificate as required by Section 3-1.102, unless otherwise exempt.

(b) Application. No more than one completed application per year shall be required per registrant, regardless of the number of newsracks the registrant maintains in the City; provided, that any addition or deletion of newsracks by the permittee shall require an amendment to the application and the issuance of an amended permit. The amended permit shall not extend the expiration date of the original permit.

(c) Cost and renewal. Each application for a permit or amended permit shall be accompanied by a fee in an amount set annually by resolution of the City Council not to exceed the actual costs of processing and enforcing the permit as issued or as amended. The application shall be submitted together with the appropriate fee and permits shall be renewable on a yearly basis. Renewal applications must be submitted at least thirty (30) days before the permit expiration date.

(d) Location. From the above information the Director of Public Works shall approve locations and shall be guided therein solely by the standards and criteria set forth in this article. Such application may be granted or denied either in whole or in part when more than one location is proposed by the registrant, and in any event, when denial is solely as to location, it shall be without prejudice to amend such application to state a different location or locations.

(e) Term. After a properly completed application has been submitted, the Director of Public Works shall have ten (10) days to deny the permit for failure to comply with the provisions of this article or approve and issue the permit as being in compliance with all provisions of this article. The permit shall expire on June 30th of each year regardless of the date it is issued.

(f) Notification and right to appeal. The Director of Public Works shall immediately notify the applicant in writing when the application for a permit has been denied, and state the facts and reasons therefor; or that the application has been approved and the permit has been issued.

Decisions of the Director may be appealed to the City Manager, in writing, within ten (10) days after such decision. Upon receipt of an appeal, the City Manager shall schedule a hearing and hear the appeal within twenty-one (21) days. The City Manager may grant or deny the appeal within ten (10) days, and provide written notification of the decision within five (5) days thereafter. His or her decision shall be subject to appeal to the City Council in accordance with Section 1-4.01. Fees for appeals, based upon the cost of processing such appeals, may be established by the City Council by resolution.

(g) Judicial review. When an applicant has received notification of a denial by the City Council, the applicant may seek immediate review of the denial in the Superior Court of the State of California in Ventura County, pursuant to Code of Civil Procedure Section 1094.8.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

Every owner of a newsrack who places or maintains a newsrack on a public sidewalk or parkway in the City and every other person or entity which maintains an encroachment upon public property owned by the City within the City of Simi Valley shall file a written statement with the Director of Public Works in a form satisfactory to the City Attorney, whereby such owner agrees to defend with attorney(s) acceptable to the City, indemnify and hold harmless the City, its officers, employees, and agents and any loss, liability, or damage, including expenses, costs and attorneys fees, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use and/or maintenance of a newsrack within the City. Prior to the issuance of a permit by the Director of Public Works under Section 7-1.1004 herein, registrant shall present evidence of compliance with this section.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

The City requires every person or other entity which maintains an encroachment upon public property owned by the City, including newsracks encroaching upon a public sidewalk or parkway, in the City to provide insurance, as required by current City policy, rule or regulation. Prior to the issuance of a permit by the Director of Public Works under Section 7-1.1.004 herein, registrant shall present evidence of compliance with this section.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

Every person, as defined in Section 7-1.1002, who places or maintains a newsrack on the streets of the City shall have his or her name, address, and telephone number affixed to it in a place where such information may be easily seen. Prior to the issuance of a permit by the Director of Public Works under Section 7-1.1004 herein, registrant shall present evidence of compliance with this section.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

Any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway shall comply with the following standards:

(a) Placement and installation.

(1) The newsrack shall be placed parallel to a curb or the wall of a building. Newsracks placed parallel to the curb shall be placed with the back to the roadway, and where there is no parkway between the sidewalk and the curb, not less than eighteen (18″) inches nor more than twenty-four (24″) inches from the edge of the curb, or if there is no curb, from the edge of the pavement. Where there is a parkway between the sidewalk and curb, the newsrack shall be placed parallel to the sidewalk with the back to the roadway not less than eighteen (18″) inches nor more than twenty-four (24″) inches from the edge of the sidewalk adjacent to the parkway. Newsracks placed parallel to the wall of a building shall be placed with the back not more than six (6″) inches from the wall. No newsrack shall be placed or maintained opposite a newsstand or another newsrack.

(2) All newsracks shall be bolted to the sidewalk and must be mounted on a uniform size single pedestal (three (3″) to four (4″) inch by three (3″) to four (4″) inch square steel post), sixteen (16″) to seventeen (17″) inches tall, welded to a uniform base (ten (10″) inch by ten (10″) inch steel plate) and installed in accordance with the following standards:

(i) Only permanent newsracks placed and maintained in compliance with the provisions of this article shall be permitted upon the right-of-way.

(ii) Mounts shall be bolted in place in accordance with specifications on file in the Public Works Department of the City and only at locations and placements designated by the Department.

(iii) The breaking of existing sidewalk structures for the purpose of installing a newsrack shall be done in such a manner acceptable to the Director of Public Works as to do the least amount of damage to the remaining sidewalk structure and shall be done with approved equipment designed for that purpose.

(iv) The permittee is responsible for the installation of the newsrack. All work undertaken shall be the sole responsibility of the permit holder. Damage resulting from the installation of said newsrack shall be repaired immediately by and at the expense of the permittee. Failure to make the required repairs shall result in City forces undertaking to make such repairs. The cost of repairs shall be chargeable as a civil debt to the permit holder and may be collected by the City in the same manner as it collects any other civil debt or obligation.

(b) Location. In addition to the provisions of Section 7-1.1003, no newsrack shall be placed, installed, used, or maintained:

(1) Within five (5′) feet of any marked crosswalk;

(2) Within fifteen (15′) feet of the curb return of any unmarked crosswalk;

(3) Within fifteen (15′) feet of any fire hydrant;

(4) Within five (5′) feet of the far side of any driveway (when approaching a street-typical) and within fifteen (15′) feet of the near side of the same driveway, since this placement would impede adequate sight distance of oncoming traffic (in regard to one-way streets: one-way streets would prohibit placement within five (5′) feet to the far side of the driveway and fifteen (15′) feet to the near side of the same driveway);

(5) Within five (5′) feet ahead of and fifteen (15′) feet to the rear of any sign or pavement markings designating a bus stop measured parallel to the flow of traffic;

(6) Within five (5′) feet of any bus bench or transit shelter;

(7) At any location whereby the clear space for the passageway of pedestrians is reduced to less than four (4′) feet;

(8) On or within three (3′) feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes;

(9) Within three (3′) feet of light standards, trash receptacles, traffic signal control boxes, public safety control boxes, mailboxes, water meters, gas meters, electrical pull boxes, catch basins, and sewer manhole covers;

(10) Within five (5′) feet of a curb painted blue pursuant to the provisions of California Vehicle Code Section 21458;

(11) Atop any vault, storm drain inlet, utility or traffic signal pull boxes;

(12) At any location where the news vending machine causes, creates, or constitutes a traffic hazard as determined by the Director of Public Works;

(13) Where the news vending machine will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the street or highway;

(14) In any place or location not approved by the Director of Public Works based upon the standards contained in this article.

(c) Total number. No more than eight (8) newsracks shall be located on any public right-of-way within a space of two hundred (200′) feet in any direction within the same block of the same street; and no more than sixteen (16) newsracks shall be allowed on any one block. As used herein "block" shall mean one side of a street between two (2) consecutive intersecting streets. Within a group of eight (8) newsracks, only one newsrack per publication shall be allowed.

Newsracks that are adjacent to each other shall be evenly spaced. If more than four (4) newsracks are placed in a single location they shall be grouped in such a manner that the groups have an equal number, to the maximum extent possible, and each group shall be separated by a space that is a minimum of thirty-six (36″) inches. Placement of groups shall be subject to review and direction of the Director of Public Works. The intent of this requirement is to have a balanced and symmetrical appearance. For example, if seven (7) newsracks are placed at a single location, groupings of four (4) and three (3), with thirty-six (36″) inches between the groups would be acceptable. Groupings of six (6) and one would not be acceptable. Before placement, questions regarding groupings should be directed to the Public Works Department.

(1) In determining which newsracks shall be permitted to be placed at a specific location whenever more than eight (8) newsracks are proposed for any one permitted location or more than sixteen (16) newsracks are proposed for any one block, the Director of Public Works shall be guided solely by the following criteria:

(i) First priority shall be given to publications published five (5) or more days per week;

(ii) Second priority shall be given to publications published two (2) to four (4) days per week;

(iii) Third priority shall be given to publications published one day per week;

(iv) Fourth priority shall be given to publications published bimonthly; and

(v) Fifth priority shall be given to publications published monthly.

(2) In the event that there is a conflict between newspapers with the same priority seeking the same location, and there are insufficient newsrack spaces remaining to accommodate the conflicting newspapers after first filling as many spaces as possible by utilizing the criteria set forth above, then the Director of Public Works shall assign the space or spaces at random by lot, by drawing, one by one, the names of those applicants applying for the remaining space until the remaining spaces at that location have been filled. Such drawing shall be open to the public at a time and date designated by the Director of Public Works and shall occur once every year.

(d) Newsrack standards.

(1) Newsracks must be between twenty-six (26″) inches and twenty-eight (28″) inches in width, and between sixteen (16″) inches and twenty (20″) inches in depth. The height of each newsrack must be between thirty (30″) inches and thirty-two (32″) inches excluding the height of the pedestal. All newsracks shall be bolted to the sidewalk and must be mounted on a uniform size single pedestal (three (3″) to four (4″) inch by three (3″) to four (4″) inch steel post), sixteen (16″) to seventeen (17″) inches tall, welded to a uniform base (ten (10″) inch by ten (10″) inch steel plate) and installed in accordance with the following standards:

(2) Each newsrack shall be constructed of metal. Newsracks constructed of plastic are prohibited.

(3) The colors of newsracks shall be limited to neutral hues (matte not glossy) of blue, olive green, white, or dark brown.

(4) Each newsrack shall have a display case with a sturdy, clear plastic window.

(5) Newsracks shall not have external electrical service and shall not be equipped with any devices to emit light or sound.

(e) Maintenance. Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.

(f) Advertising. No newsrack shall be used for commercial advertising, signs or publicity purposes, other than identifying the newspaper material contained therein. A publication's name or logo may be permitted on the sides and back of any newsrack, but not on top or the pedestal of any newsrack.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

(a) Notice of removal. Tag. Any newsrack installed or maintained in violation of the provisions of this article shall be tagged with a "Notice of Removal" stating the violation, date of tagging, notice of intention to remove the newsrack if the violation is not corrected or a hearing requested within fifteen (15) days ("correction period"), and procedure for requesting a hearing before the Director of Public Works, if desired. A written notification shall also be provided to the newsrack owner. A timely request for a hearing shall stay any removal of the newsrack. If, however, the violation is not corrected within five (5) days after the decision at such requested hearing becomes final, the newsrack may be summarily removed.

(b) Alternatives to tagging. Notwithstanding subsection (a) of this section, in the case of violations of this article relative to location of newsracks, restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, to fixed objects, or to each other, the Director of Public Works may, as an alternative to tagging said newsrack, move, align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition.

(c) Removal. Any newsrack which has been tagged and remains in violation of the provisions stated on the tag past the fifteen (15) day correction period, and where no hearing has been requested, shall be removed by the Director of Public Works and stored in any convenient place.

(d) Notification of removal. The Director of Public Works shall notify the owner or his designate of the removal by mailing a "Notice of Removal" to the last known address of the owner/designate. Such notice shall be mailed within five (5) days after the end of the fifteen (15) day correction period and shall state: (1) the date the newsrack was removed; (2) the reasons for the removal; (3) the locations of and procedure for claiming the newsrack; and, (4) the procedure for obtaining a post-removal hearing before the Director of Public Works if desired.

(e) Release. Any newsrack removed and stored pursuant to these provisions shall be released to the owner thereof within forty-five (45) calendar days after the mailing of the written notice of removal upon providing satisfactory proof of ownership and payment of an impound fee in an amount equal to the reasonable cost to the City of removing and storing the newsrack. If, after a hearing, the impounded newsrack is determined not to have been in violation of this article, the newsrack shall be returned to the owner without payment of any removal and/or storage fee. If such newsrack remains unclaimed after this forty-five (45) calendar day period, it shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of Chapter 13 of Title 2 of this Code.

(f) Removal in exigent circumstances. In the case of any newsrack which in violation of the provisions of this article creates an immediate danger to the health, safety or welfare of the public, which cannot be corrected by moving or otherwise repositioning the newsrack, said newsrack may be summarily removed and stored in a convenient location so as to eliminate the danger to the health, safety and welfare of the public. The Director of Public Works shall notify the owner of the removal by mailing a "Notice of Removal" to the last known address of the owner. Such notice shall be mailed within five (5) days after the removal of the newsrack and shall contain the same information as set forth in subsection (d) of this section. Release of any such newsrack shall be accomplished in the same manner as set forth in subsection (e) of this section.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

Within fifteen (15) days of the notice of violation or notice of impound of a newsrack summarily impounded, the owner may request a hearing before the Director of Public Works. The request shall be in writing, shall state the basis thereof, and shall be filed with the Director of Public Works.

The hearing shall be held within five (5) days of the filing of the request before the Director of Public Works. At the hearing any person may present evidence or argument as to whether the newsrack has been installed or maintained in violation of this article. Within three (3) days after the close of the hearing, the Director of Public Works shall render a decision in writing and shall give such written decision to the person who requested the hearing. The decision of the Director of Public Works shall be subject to appeal, in writing, to the City Manager. Such appeal must be filed within ten (10) days of the Public Works Director's decision. Upon receipt of an appeal, the City Manager shall schedule a hearing and hear the appeal within twenty-one (21) days. The City Manager may grant or deny the appeal within ten (10) days, and provide written notification of the decision within five (5) days thereafter. His or her decision shall be subject to appeal to the City Council in accordance with Section 1-4.01. Fees for appeals, based upon the cost of processing such appeals, may be established by the City Council by resolution.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

Notices required pursuant to the provisions of this article shall be given in writing by United States mail, certified mail, return receipt requested, addressed to the person to be notified at his or her last known address. The giving of notice under this article shall be deemed to have occurred as of the date of deposit in the United States mail.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

The provisions of this article shall apply as follows to all newsracks located in the public right-of-way. As to the newsrack standards contained in Section 7-1.1008(d), those newsracks installed prior to the effective date of any of these provisions and having a valid permit shall be brought into compliance with these provisions no later than July 1, 2009. Any newsrack not brought into compliance by this date shall be deemed to be in violation of this article. All other regulations contained in the ordinance codified in this article shall be applicable upon adoption of the ordinance by the City Council.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

A newsrack shall be deemed abandoned when no printed material is contained therein for a period of more than fifteen (15) consecutive days. If the Director of Public Works determines that a newsrack has been abandoned, he or she shall summarily impound such newsrack and, notwithstanding Section 7-1.1009, the newsrack shall immediately be deemed to be unclaimed property in the possession of the City and shall be disposed of according to Chapter 13 of Title 2 of this Code.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

Whenever the Director of Public Works finds that a newsrack does not have the name, address, and telephone number of the owner thereof placed upon such newsrack, in compliance with this article, he or she shall make every reasonable effort to ascertain the owner thereof. If the Director of Public Works is unable to determine ownership, he or she shall summarily impound such newsrack and, notwithstanding Section 7-1.1009, the newsrack shall immediately be deemed to be unclaimed property in possession of the City and shall be disposed of according to Chapter 13 of Title 2 of this Code.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)

Each phrase, clause, sentence, section, and provision of this article is hereby declared to be severable. Therefore, if any phrase, clause, sentence, section, or provision of this article or application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, provision, or application of this article.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)