Solvang Municipal Code Ch. 5 Newsracks

The purpose of this chapter is to establish a comprehensive set of regulations applicable to newsracks on the public right-of-way and other public property. The purpose of this chapter is to advance and improve safety and aesthetics by controlling the number, size, construction, placement, and appearance of newsracks without restricting the free dispersal of information guaranteed by the constitutions of the United States and this state.

More specifically, the purpose of this chapter is to promote the public peace, health, safety, and general welfare by regulating the placement, appearance, and servicing of newsracks so as to protect against the dangers of impairing or distracting the vision of motorists and pedestrians; the hazards of unreasonably interfering with or impeding the flow of pedestrian or vehicular traffic, including ingress into or egress from any residence or place of business, or access between the street and the sidewalk by persons exiting or entering parked or standing vehicles; unreasonably interfering with the use of public property for its intended purpose; unduly restricting access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes or locations used for transportation purposes; unsightly structures inconsistent with the intent and purpose of the City's design motif and theme; neglectful servicing of newsracks resulting in visual blight on public rights-of-way and other public property threatening the economic base of the City and detracting from the aesthetics of store window displays, adjacent landscaping, and other improvements; reduction in value of surrounding property; and unnecessary exposure of the City to personal injury or property damage claims.

The City Council finds and determines the strong and compelling interests of the public and of newspapers require a reasonable accommodation, which can only be satisfactorily achieved through the means of this chapter, that is designed to accommodate such interests by regulating the time, place, and manner of using newsracks. It is not the intent of this chapter to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any newspapers.

(Ord. 98-193, 1998; Ord. 26-0389, 2/9/2026)

For the purposes of this chapter, the words set out in this section shall have the following meanings:

Abandonment.

The supply of current newspapers to the newsrack has ceased for a period of more than 30 days.

Enclosure.

Any storage unit enclosing one or more newsracks.

Hearing Officer.

The hearing officer shall be the City Manager or their designee.

Newspaper.

Any printed periodical or publication intended to be disseminated to the public, and which contains any of the following: news, photographs, articles of opinion, features, and advertising.

Newsrack.

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

Parkway.

That area between the sidewalk 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 that is not open to vehicular travel.

Person.

Any individual, company, corporation, association, business, or other legal entity.

Public Place.

Any public property, except those portions that are roadways, and publicly accessible private property.

Public Property.

Parkways, public right-of-way, sidewalks, parks, squares, plazas, parking lots, alleys, driveways, and walkways owned or controlled by the City and any other real property owned or controlled by the City.

Public Right-of-Way.

Any property under the control of the City and/or dedicated to public use for public street and related purposes, including, but not limited to, roadways, parkways, alleys and sidewalks dedicated to public use.

Public Works Director.

The City's Public Works Director or their designee.

Publicly Accessible Private Property.

Any outdoor private property that is open to the public, including, but not limited to, privately owned pedestrian pathways in shopping centers, sidewalks, parkways, plazas, squares, parking lots, and alleys.

Roadway.

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

Sidewalk.

Any surface provided for the exclusive use of pedestrians.

(Ord. 98-193, 1998; Ord. 26-0389, 2/9/2026)

A. Application Required. No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in or over any public place without first obtaining a permit therefor from the City's Public Works Department. An amended application shall be filed with the Public Works Department prior to any changes to the number, location, or other aspect of any permitted newsracks.

B. Submittal Requirements. Applications for permits required by this chapter shall be filed with the Public Works Department on a City application form, together with all required fees and/or deposits, the indemnification agreement required by Section 8-5-3C, all other information and materials specified and any additional instructions provided by the Public Works Director. The Department will prepare required forms and checklists.

C. Indemnification. In addition to the permit application, each applicant shall execute a document, approved as to form by the City Attorney, agreeing to indemnify and hold harmless the City, its officers, employees and agents against any claim, demand, or judgment (including attorney fees and all costs of defense) for bodily or personal injury and for property damage or other damages sustained by any person as a result of the installation, use, or maintenance of any newsrack in the City.

D. Validity Period. Each permit shall be valid for a period of one (1) year and may be renewed pursuant to subsection B of this section. An amended permit shall expire at the time established for expiration of the original permit.

E. Approval or Denial. Within 14 days of submission of a completed new, renewed, or amended application, the Public Works Director shall approve, conditionally approve, or deny the application. An application that meets the standards and criteria set forth in this chapter shall be approved and may be approved in whole or in part when multiple locations are proposed. An application that does not meet the standards and criteria set forth in this chapter shall be denied, and the applicant shall be notified in writing of the specific basis of such denial. The decision of the Public Works Director shall be final unless appealed pursuant to Chapter 1-6 of this code.

F. Inspections. Newsrack installations shall be subject to inspections by the City to verify compliance with all the provisions of this chapter.

(Ord. 98-193, 1998; Ord. 22-0355 § 6; Ord. 26-0389, 2/9/2026)

A. Zoning Districts. Newsracks are permitted solely within the Village Mixed-Use (VMU) and Retail Commercial (CR) zones.

B. Prohibited Areas. No person shall install, use, or maintain any newsrack that, in whole or in part, rests upon, in, or over any:

1. Roadway; or

2. Any public place when such installation, use, or maintenance:

a. Endangers the safety of persons or property;

b. Occupies any area used for public utility purposes, public transportation purposes, or other government use;

c. Interferes with or impedes:

i. Pedestrian or vehicular traffic,

ii. Ingress into or egress from any residence, place of business, or any legally parked or stopped vehicles, or

iii. The use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other permitted objects; or

d. Interferes with the cleaning of any sidewalk by the use of cleaning machinery.

e. Is installed, used, or maintained in any of the following locations, which restrictions are adopted in the interests of aesthetics, the protection of public safety, and the preservation of adjacent property values, while also providing for public right-of-way and other public property maintenance activities:

i. Parallel to curbs colored red;

ii. Within five (5) feet of:

a. Any marked crosswalk,

b. The curb return of any unmarked crosswalk,

c. Any fire hydrant, fire department sprinkler connection, fire or police call box, or other emergency facility,

d. Any driveway,

e. Any sign marking a designated bus stop,

f. Handicap ramp,

g. Any pedestrian bench,

h. Any publicly owned lawn, flowers, shrubs or trees;

iii. Within 15 feet of another curbside cluster of newsracks.

C. Permitted Areas. Any newsrack which in whole or in part rests upon, in, or over any public place shall comply with the following standards:

1. Location. Newsracks shall only be placed near a curb or adjacent to the wall of a building or the property boundary.

a. Newsracks placed near the curb shall be placed parallel thereto and no less than 18 inches nor more than 24 inches from the edge of the curb. Curbside Newsracks are prohibited in locations adjacent to parallel parking spaces or in any location that impedes ADA-accessible spaces. Where adjacent to diagonal or perpendicular parking spaces, curbside Newsracks are limited to a maximum of two racks per tier centered on the width of a single parking space.

b. Newsracks placed adjacent to the wall of a building/property boundary shall be placed parallel to such wall and not more than eight (8) inches from the wall, and shall not be placed closer than two (2) feet from any display window, view window, or access doorway on the same building frontage of any building abutting or near the sidewalk or parkway, nor in such manner as to impede or interfere with the reasonable use of such window for display purposes.

2. Orientation. Newsracks shall face the sidewalk.

3. Model and Dimensions. Newsracks shall be of the following model types: RFC-BST91-ECON, or approved equivalent but in any instance shall not exceed 48 inches in height, except that tiered newsracks adjacent to a building wall may extend to 60 inches in height. Other newsrack dimensions shall not exceed 30 inches in width or 24 inches in depth.

4. Attachment to Permanent Objects. Newsracks shall not be chained, bolted, or otherwise attached to any permanently fixed object unless on a location-specific basis, an allowance is granted in the permit process for anchoring of a newsrack to the public sidewalk using a bolt system or, if on publicly accessible private property, the property owner consents to such attachment. The location of any newsrack to be bolted to the sidewalk or publicly accessible private property must be approved by the Public Works Director, and the approval to bolt down the newsrack(s) shall be noted in the newsrack permit.

5. Attachment to Other Newsracks. Newsracks may be placed, chained, or otherwise attached to one another.

6. Weight. No newsrack, or group of attached newsracks, allowed under subsection C5 of this section shall weigh, in the aggregate, in excess of 125 pounds when empty.

7. Passageway. No newsrack shall be installed or maintained at any location whereby the clear space for the passageway of pedestrians and wheelchairs is reduced to less than five (5) feet.

8. Private Property Permission. No newsrack shall be permitted on private property without the express written permission of the owner of such property.

9. Handicapped Accessibility. The placement of all newsracks in the City shall comply with all local and state handicapped accessibility regulations.

10. Advertising. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purpose of the newspaper sold therein.

11. Signage on newsracks, in addition to operating instructions and City required permit data, shall be limited to lettering that identifies the publication within, does not exceed two (2) inches in height, is of a single color, and shall be centered on the front and side panels of the newsrack.

12. Maintenance. Each newsrack shall be maintained in clean and neat condition and in good repair at all times.

13. Abandonment. Newsracks shall not be abandoned as per Section 8-5-2 of this chapter.

D. Identification. Every person who places or maintains a newsrack in the City in accordance with this chapter shall have his or her or its name, address, and telephone number affixed to the newsrack in a format and with materials approved by the City and in a place where such information may be easily seen and shall comply fully with the provisions of the Business and Professions Code Section 17570.

E. Litter. Newsracks shall be of a design and construction which prevents the release or escape of contained newspapers so as to avoid litter generation. Wire mesh or other racks with an open face design are prohibited.

F. Waiver. A waiver from one or more standards may be obtained from the Public Works Department. In order for the Public Works Department to grant such a waiver, it must be demonstrated that the proposed newsrack location would not impair or preclude the visibility of pedestrians or vehicle drivers, would not interfere with emergency services functions, and would not reduce the clear area for pedestrian passage to a width less than five (5) feet. A permit involving deviation from standards may be issued if the Public Works Director specifically approves such deviation, and the approval is included in the permit. The decision of the Public Works Director is final.

G. Site Restoration. Any permittee removing a newsrack from any public property shall immediately remove all material from the site, and shall immediately restore the site to at least the condition which existed prior to the placement or installation of the newsrack. Any sidewalk restoration shall be completed to the satisfaction of the City and in accordance with all City standards and approvals.

(Ord. 98-193, 1998; Ord. 21-0347 § 4; Ord. 22-0355 § 7; Ord. 26-0389, 2/9/2026)

A. Upon a determination by the Public Works Director that a newsrack is installed, placed, maintained, or abandoned in violation of the provisions of this chapter, the Public Works Director shall notify the permittee:

1. The newsrack is in violation of the provisions of this chapter for reasons set forth in said notice; and

2. The permittee must within 10 days of mailing or personal delivery of a violation notice either: (a) correct the violation(s), or (b) request in writing that the Hearing Officer set a hearing within five (5) days thereafter to determine upon sworn testimony whether the newsrack violates the provisions of this chapter. A written request for a hearing shall be deemed timely if it is postmarked on or before the 10th day following the date the violation notice was mailed or delivered personally; and

3. If the permittee does not correct the violation or remove the newsrack or timely request a hearing within 10 days of mailing or personal delivery of a violation notice, the City shall rescind the newsrack permit and remove and store the newsrack.

B. After complying with the notice requirements provided for in subsection A of this section, unless the permitee corrects the violation, removes the newsrack, or requests the hearing within the time period prescribed in subsection A of this section, the Public Works Director shall rescind the permit and remove and store the newsrack. If after a hearing requested by the permittee pursuant to subsection A of this section, the Hearing Officer determines that the newsrack violates the provisions of this chapter, the permittee shall, within 24 hours after the decision, remove the newsrack. If the permittee fails to remove the newsrack within 24 hours of the decision, the Public Works Director shall remove and store the newsrack.

C. The Public Works Director shall store any removed newsrack or matter in any convenient place. The permittee who owns the newsrack may reclaim the newsrack or matter within 30 days of its removal by identifying him or herself, showing evidence of ownership, and paying the expenses of removal and storage. Upon failure of the permittee, following notice, to claim such newsrack or matter and pay the expenses of removal and storage within 30 days after such removal, such newsrack or matter shall be deemed to be unclaimed property in possession of the City and may be disposed of pursuant to law.

D. In the case of violation of this chapter relative to restrictions upon attachment of newsracks to property or fixed objects other than that owned by the permittee for the newsrack and restrictions upon location of newsracks, the Public Works Director may, as an alternative to removal of the newsrack, remove such attachment and/or move such newsrack in order to restore it to a legal condition, and thereafter the permittee shall be notified of such correction and shall pay the cost thereof.

E. Upon and at the time of removal of a newsrack, the permittee shall repair the sidewalk or City property as necessary to restore the sidewalk or City property to its original condition. If such repair is not timely and adequately completed, then the Public Works Director shall perform such repair not long thereafter and the permittee shall pay the cost thereof within 30 days after such correction.

F. Any newsrack in violation of the provisions of this chapter, which violation creates an immediate danger to the health, safety, or welfare of the public may be summarily removed and stored in a convenient location by the Public Works Director so as to eliminate the danger to the health, safety, and welfare of the public. Upon removal of said newsrack, the Public Works Director shall notify the permittee of the removal, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a hearing, if desired. Upon failure of the permittee, following notice, to claim such newsrack or matter and pay the expenses of removal and storage within 30 days after such removal, such newsrack or matter shall be deemed to be unclaimed property in possession of the City and may be disposed of pursuant to law.

(Ord. 98-193, 1998; Ord. 26-0389, 2/9/2026)

A. Existing newsracks shall comply with provisions of this chapter within 90 days from its effective date.

B. An enclosure shall substantially conform to the requirements of this chapter as to newsrack size and location; an enclosure shall also be subject to the procedural requirements as for newsracks.

(Ord. 98-193, 1998; Ord. 26-0389, 2/9/2026)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction of any such violation such person shall be punished as provided in Section 1-3-3 of this code.

(Ord. 98-193, 1998; Amd. 2001 Code; Ord. 26-0389, 2/9/2026)