South Pasadena Municipal Code § 31.2 Display, etc., of goods on streets and sidewalks

It is unlawful for any person to use or occupy any public sidewalk in the city for the display of goods, wares or merchandise or to use the exterior walls of any building abutting upon any public sidewalk, street, alley or passageway for the display of goods, wares, newspapers or merchandise or to leave any goods, wares, merchandise, boxes, barrels, racks or stands or other articles upon any street, public sidewalk or portion thereof in the city, except under the conditions specified in Section 31.1. This section shall not apply to outdoor displays of goods permitted by Chapter 36 of this Code. (Ord. No. 1106, § 13.02; Ord. No. 1367, § 2; Ord. No. 2077, § 1.)

Sections 31.2-1 through 31.2-6A shall be known as the “newsrack ordinance.” (Ord. No. 2138 § 1.)

31.2-1A Newsracks—Intent and purpose.

The city council of the city of South Pasadena hereby finds and declares:

• (a) The city of South Pasadena has significant interests in:

(1) Promoting vehicular traffic and pedestrian safety and convenience including but not limited to the event of motor vehicle parking and pedestrian standing related to the use of newsracks;

• (2) Preventing damage to public sidewalks, structures, and landscaping;

• (3) Preventing visual clutter; and

• (4) Protecting the aesthetic, natural, and historical character of South Pasadena.

(b) The city of South Pasadena has a substantial interest in promoting the public health, safety, welfare and convenience of its citizens, businesses and visitors by ensuring that public streets, sidewalks and rights-of-way in the city are not unreasonably obstructed by newsracks and that newsracks are properly maintained.

(c) In recent years, the proliferation of newsracks on the streets and sidewalks of the city, in particular excessive, poorly maintained or abandoned newsracks, have contributed to the congestion of the city sidewalks, impeded the flow of pedestrian traffic, interfered with the use of streets, sidewalks and public rights-of-way, presented hazards to persons and property and resulted in substantial visual blight.

(d) The city of South Pasadena has a substantial interest in preserving and protecting the unique visual, historic, natural, and aesthetic qualities of the city. To that end, and consistent with the city’s general plan the city desires to take steps to reduce the visual blight, pedestrian inconvenience and hazards associated with an unlimited number and design of newsracks, poorly maintained newsracks and the unrestricted placement of newsracks on streets, sidewalks and rights-of-way in the city.

(e) After extended inquiry by the city council and city staff, it has become clear that the most effective way to reduce the visual clutter and hazards associated with excessive numbers of newsracks and unregulated design or appearance of such newsracks is to prohibit the unlimited placement of private newsracks in the city and instead, institute a program to provide city-approved fixed newsracks of a consistent design, placement and color. Such clutter and hazards would be reduced by requiring that visually occurring groupings of newsracks occur at regular and predictable intervals to give the city’s streets a sense of aesthetic continuity.

(f) Thus, the purpose of Sections 31.2-1 through 31.2-6A is to promote the public health, safety and welfare and the aesthetic qualities of the city by controlling the size, shape, construction and appearance of newsracks in the city as a reasonable time, manner and place regulation, so as to:

• (1) Provide for pedestrian and driving safety and convenience;

(2) Ensure that there is no unreasonable interference with the flow of vehicular and pedestrian traffic, including ingress and egress from any city residence, place of business or public facility, or any legally parked or stopped vehicles;

(3) Ensure compliance with Americans with Disabilities Act and improve passage for persons with disabilities by reducing impediments to passage caused by poorly-located newsracks;

(4) Provide reasonable access for the safe and efficient use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, delivery areas, loading zones, transit shelters, curb and handicapped ramps and other street improvements;

(5) Reduce visual blight and clutter and litter problems associated with poorly maintained or improperly located or abandoned newsracks and unnecessarily large groupings of newsracks;

(6) Advance the economic interests of the city merchants and other information providers, including those involved in the publication and distribution of newspapers and periodicals through newsracks;

(7) Protect the unique architectural, historical, natural, and aesthetic attributes of the city;

• (8) Reduce exposure of the city to personal injury or property damage claims and litigation;

• (9) Provide for public and property safety during emergency conditions;

• (10) Maintain and protect the values of surrounding properties;

(11) Provide for and maintain the freedom of speech for newspapers or news periodicals using newsracks for distribution;

(12) Discourage the stopping of motor vehicles within twenty feet of a crosswalk along a safe route to schools (a twenty foot distance is approximately the length of an average motor vehicle), because such stopping may cause the illegal blocking of crosswalks;

(13) Prevent pedestrian students and their escorts from being forced off of a sidewalk along a “safe routes to schools” into arterial street traffic.

(g) In adopting the ordinance codified in Sections 31.2-1 through 31.2-6A, the city council is mindful that newsrack regulations implicate rights protected by the First Amendment of the United States Constitution and Article I, Section 2 of the California

Constitution. To that end, the city council hereby adopts these regulations and directs that their enforcement be conducted in a manner consistent with the constitutional rights of citizens and regulated parties.

(h) Given the limited space available within the city’s rights-of-way, the city of South Pasadena has a substantial interest in devising a systematic approach to newsrack removal and placement in the city to ensure a fair and equitable distribution of newspapers and periodicals. The city council declares that this objective and the other aforementioned objectives are best achieved by adopting the ordinance codified in Sections 31.2-1 through 31.2-6A and creating regulations to allow fixed newsracks of a consistent design, placement and color and also by enhancing the aesthetic character of public areas through uniformity in the appearance thereof.

(i) The city council further declares that allowing only newsracks of a consistent design, placement and color in the city directly promotes the city’s interests in promoting public safety, reducing visual blight and clutter, protecting the unique aesthetic and historical attributes of the city and advancing the economic interests of the city merchants and other information providers.

(j) The city council finds that this project (newsrack ordinance) is exempt from the provisions of the Environmental Quality Act (“CEQA”) pursuant to Section 15061 (b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment. The ordinance establishes regulations that will be followed in the issuance of ministerial permits and in code enforcement activities. The following are decisions that are not specifically decided in this newsrack ordinance: decisions as to the specific locations of newsrack zones as set forth in Section 31.2-1B(g); or, decisions besides those relating to use or safety regarding the number of allowed newsracks on a specific block or newsrack zone as set forth in Section 31.2-4(r). (Ord. No. 2138 § 1.)

31.2-1B Newsracks—Definitions.

For the purpose of Sections 31.2-1 through 31.2-6A, 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) As used herein “block” means one side of a street between two consecutive intersecting public streets. Where a block is between a public street and an alley or a private street or between alleys or private streets, the length of the block shall be determined by the location of any alleys or private streets that provide access to traffic.

(b) “Business day” means Monday through Friday, inclusive, of every week excepting holidays for which the City of South Pasadena is closed to official business.

(c) “Hardship waiver” means the waiver described in Section 31.2-3B(g).

(d) “Newsracks” means any self-service or coin-operated box, container, storage unit dispenser installed, used or maintained for the display and distribution of newspapers or regularly published periodicals the design of which is set forth in Section 31.2-4(a).

(e) “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.

(f) “Newsrack zone” means an area of a block as indicated by a painted outline thereon wherein up to six newsracks may be permitted. Each newsrack zone shall be located and demarcated by the public works director based on the findings supporting the goals and purposes set forth in Section 31.2-1A(f) and as approved by the planning commission at a public hearing by resolution. The planning commission shall request and consider the input of any directly affected holders of newsrack permits in the creation of newsrack zones. The planning commission may allow for more than six newsracks per newsrack zone if doing so will not create visual clutter or physical hazards.

(g) “Roadway” means that portion of a street improved, designed or ordinarily used for vehicular travel.

(h) “Parkway” means that area between the edge of the roadway and the property line adjacent thereto excluding sidewalk (if present).

(i) A list of “safe routes to schools,” as determined by the city council from time to time based on known passage-ways from residences, public transit, and/or parking facilities to schools, is available from the public works director.

(j) “Sidewalk” means any surface provided for the predominant use of pedestrians. (Ord. No. 2138 § 1; Ord. No. 2336, § 1, 2019.)

No person shall install, use or maintain any newsrack or other structure which projects into, onto or over any part of any roadway of any public street, or which rests wholly or in part upon, along, over or within eighteen inches of any portion of the roadway of any public street. (Ord. No. 2138 § 1.)

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:

(a) When such installation, use or maintenance endangers the safety of persons or property, or which site or location is used for public utility purposes, public transportation purposes or other governmental use; or

(b) When such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally marked 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 the location; or

(c) When such newsracks are so insufficiently illuminated at night as to cause a potential hazard to pedestrians; or

(d) When there are any unpermitted newsracks on a block that is part of the city’s safe routes to schools. (Ord. No. 2138 § 1.)

31.2-3A Newsracks—Permit required.

(a) No person shall install or maintain any newsrack which in whole or in part is upon, in, or over any public sidewalk or parkway without first obtaining an annual newsrack permit from the public works director.

(b) Applications for permits for newsrack shall be made to the public works director or his/her duly authorized representative. The application shall be accompanied by the following:

(1) The name, address and telephone number of the applicant;

(2) The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant’s newsrack; and

(3) The number of newsracks and exact proposed location of each newsrack by either listing the newsrack zone by its block’s defining streets, or where a block does not have a newsrack zone, by the block’s defining streets, specific closest street address (county assessor’s parcel number, if no such address exists), and a scaled map (with distances shown) that clearly identifies the precise location of the proposed newsrack, including all improvements, structures and items that are necessary to determine site distances as set forth in this chapter;

(4) A color photograph and model number of the type of newsrack being used;

• (5) The name of the publication to be contained in each newsrack;

(6) A hold harmless agreement pursuant to Section 31.2-3B(d);

• (7) Agreement to conform to the requirements of Sections 31.2-1 through 21.2-6A; and

• (8) Proof of insurance as is required in Section 31.2-3B(c).

(c) There shall be an annual city-wide permit application and renewal fee per publication, and an annual processing and inspection fee per newsrack in such amounts as set by resolution of the city council.

(d) Permits are not assignable to any other publication. (Ord. No. 2138 § 1.)

31.2-3B Newsracks—Permit issuance and renewal.

(a) A permit may be issued for the installation of a newsrack only after inspection of the location by the public works director, or his/her duly authorized representative. No permit shall be issued unless the public works director or his/her duly authorized representative determines the location complies with the standards and criteria set forth in Section 31.2-4. A permit shall condition the installation, use and maintenance of a newsrack on compliance with the provisions of the newsrack ordinance and other laws including, but not limited to, the federal law known as the Americans with Disabilities Act.

(b) Such permits shall be valid for one year and shall be renewable annually. If the public works director determines that a newsrack is otherwise in compliance with the code, then no additional information shall be required of the permittee upon renewal. However, the public works director may decide not to renew a permit per Sections 31.2-4(o), (p) and (q).

(c) A condition for issuance of a permit pursuant to Sections 32.2-1 through 32.2-6A is that every permittee agrees to maintain a policy of public liability insurance, naming the city, its officials, officers, agents and employees as an additional insured, in an amount not less than fifty thousand dollars combined single limit for any injury to persons and/or damage to property by reason of installation, use and maintenance of such newsrack on public property. The policy shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without the city having been given thirty business days prior written notice thereof by such carrier. The permittee shall provide and keep in force that policy of public liability insurance during such time as it continues to operate any newsrack under the terms of the Sections 32.2-1 through 32.2-6A. If the insurance is canceled at any time during the term of the permit, it shall be grounds for revocation of the permit. The application for a permit and all renewal applications shall require an endorsement signed by an authorized officer of such insurer as applicant’s proof of such a policy of public liability insurance.

(d) A condition for issuance of a permit pursuant to Sections 32.2-1 through 32.2-6A is that every permittee agrees to defend, indemnify and hold harmless the city, its officials, officers, agents and employees, from any loss or liability or damage, 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 the applicant’s newsrack within the city, and the permit application shall include an indemnification provision consistent with this section and approved by the city attorney.

(e) The issuance or granting of a newsrack permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the city shall not be valid.

(f) The issuance of a permit based on plans and other data shall not prevent the public works director from thereafter requiring the correction of errors in such plans or data or from preventing operations being carried on when in violation of any ordinance of the city.

(g) Any applicant for a newsrack permit may request the city’s waiver of the requirements set forth in Sections 32.2-1 through 32.26A for financial reasons. A statement of financial hardship, without need for evidentiary support, due to the application of Sections 32.2-1 through 32.2-6A shall result in the issuance of a hardship waiver for a period of six months by the public works director. A further waiver would be approved if a reasonable time-line is provided in which the newsracks will be made compliant. Such a “reasonable” time-line would balance the length of the conformance time-line with any evidence provided regarding the relative costburden on the applicant. The public works director may defer the decision of whether to grant such a further hardship waiver to the planning commission.

(h) Any newsrack permit issued on the basis of incorrect information or a fraudulent representation shall be void.

(i) The issuance or denial of a newsrack permit shall occur within thirty days of the public works director’s receipt of the permit application. The issuance or denial of a newsrack permit may be appealed to the planning commission by any party within three business days of the issuance or denial thereof. A hearing must be held within thirty days of the receipt of the notice of appeal. The appellant shall be given notice of the hearing on the appeal at least ten days before the hearing. The decision of the planning commission may be appealed to the city council within three business days of the issuance of the decision of the planning commission. A hearing must be held within thirty days of the receipt of the notice of appeal. The appellant shall be given notice of the hearing on the appeal at least ten days before the hearing. (Ord. No. 2138 § 1.)

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) Newsracks shall be made of metal, shall have a metal framed transparent door, and shall sit on one or four legs equal in height to the height of the case holding the newspaper(s) or other publication(s). Each newsrack must be dark green in color to match a darkgreen color commonly used in the newsrack industry and as is available from the public works director for review. No newsrack shall exceed fifty-two inches in height, thirty inches in width, or twenty-four inches in depth or be less than ten percent of those dimensions. The fifty-two inches in height is measured from the sidewalk surface upon which the newsrack is fixed to the top of the newsrack, including coin collection and activation devices. Newspapers may request from the public works director an exception from the green color requirement if that newsrack has a trademark color combination that is used on its newsracks generally. The public works director’s determination of whether a trademark color exists will be based on evidence of prior and current consistent usage of that trademark color. Such determinations may be appealed as set forth in Section 31.2-3B(i). However, no color exceptions would be allowed in historic districts, or on sidewalks within ten feet of a historic landmark assuming an exception set forth in subsection (e) of this section is made.

(b) The name, address and telephone number of a responsible person who may be contacted at any time concerning the newsrack shall be displayed on the door of the newsrack in such manner as to be readily visible and readable to a prospective customer thereof.

(c) Newsracks shall not be attached to any permanently fixed public object or public utility object besides the actual sidewalk surface by way of bolts as further set forth herein.

(d) Each newsrack shall be bolted to the sidewalk in accordance with the standards on file in the office of the public works director. Newsracks may not be chained or otherwise attached to one another in groups. No newsrack shall be stacked vertically, i.e., two separate dispensers using the same four legs for support, but more then one paper may be dispensed from the same dispenser.

(e) No newsracks shall obscure or block the view of or access to cultural and historic sites, natural features, landmarks, or structures as listed in the city’s register of approved landmarks. It shall be assumed that a newsrack placed on a sidewalk within ten feet of such a registered location obscures or blocks the view thereof. Exceptions from this requirement may be based on the consideration of the location including a review of whether pedestrian access and views are obscured by the newsrack and whether there are nearby locations (beyond ten feet from the location and visually perceivable from the location) for the placement of a newsrack(s).

(f) Subject to and as limited by the provisions of Section 31.2-3, no newsrack or newsrack zone shall be placed, installed, used or maintained in a public place:

(1) Within five feet of any marked crosswalk;

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

• (3) Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;

• (4) Within five feet of any driveway;

• (5) Within five feet ahead of or twenty-five feet to the rear of any sign marked a designated bus stop;

• (6) Within five feet of any bus bench;

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

(8) Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window of 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; or

(9) On a block on the “vehicle passenger’s” side of an arterial street, no newsrack shall be closer than thirty feet from an approaching crosswalk (i.e., the crosswalk before an intersection where a vehicle would stop at a red traffic-light or stop-sign) of that street, whether that arterial street intersects with a non-arterial or another arterial street.

(h) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.

(i) Each newsrack shall be maintained in a clean, operational, neat and attractive condition and in good repair at all times. Broken, missing or discolored glass or other transparent panel shall be promptly replaced. A newsrack shall be cleaned within forty-eight hours to remove graffiti, dirt, oils, and other foreign matter upon notice thereof.

• (j) No newsrack shall be permitted to remain in other than its vertical, working position for more than twenty-four hours.

• (k) No newsrack may remain empty in excess of thirty-two consecutive days.

• (l) Material offered for sale must be the current edition of the publication so offered.

• (m) Newsracks must be grouped (i.e., side-by-side) and placed as follows:

• (1) No more than six newsracks shall be allowed per group of newsracks;

(2) Newsracks sharing the same two hundred foot length of a block shall be placed side by side or within a newsrack zone where marked;

(3) There shall be no more than six newsracks per every two hundred feet of a block wherein each two hundred feet of a block are measured from the nearest location to an intersection on the block where a newsrack may be placed;

(4) Where a grouping of six cannot be accommodated due to hardscape features, there may be up to two lesser groupings subject to the limit of six newsracks per two hundred feet of a block;

(5) When newsrack groups cannot be separated by two hundred feet of block length, newsrack groups shall be placed at regularly distances on a block to create visually re-occurring groupings to the extent possible;

(6) To accommodate the safe travel of students along safe routes to schools that are on arterial streets, a newsrack, newsracks or newsrack zones along safe routes to schools shall be further limited in placement and/or number to allow a clear space for the passageway of pedestrians of not less than seven feet on a sidewalk on an arterial street, and shall be placed no closer than twenty feet from an intersection on an arterial street; and

(7) When a newsrack zone exists, newsracks on a block or two hundred feet of block length must be placed in that newsrack zone.

(n) The public works director may conduct a study based on use and safety to determine if more or less newsracks may be allowed in a group than is allowed in this subsection; the director’s determination will result in the increase or decrease of newsracks as is set forth in that study; in making the determination at the hearing, the public works director shall make findings that such a number of newsracks does not conflict with the purposes and goals set forth in Section 31.2-1A (f); the director’s determination may be appealed as a party may appeal the issuance or denial of a newsrack permit in Section 31.2-3B(i) when that issuance or denial is related to limits based on said determination;

(o) When applications for permits for newsracks on a given block or location outnumber the spots available for newsracks on a block, then the public works director shall be guided solely by the following criteria in determining which newsracks shall be permitted:

(1) First priority shall be given to permit-holders with the longest continuous tenure in a specific two hundred foot length of a block.

(2) Second priority shall be given to newsracks used for the distribution of daily publications (those published on five or more days in a calendar week).

(3) Third priority shall be given to newsracks used for the distribution of weekly publications (those published on at least one but less than five days in the calendar week).

(4) Further priority shall be based on frequency of publication, with the higher priority given to publications for which new editions or issues were published most frequently in the full calendar month preceding the date of application.

(5) Within groups of applicants with the same priority, permits shall be granted to the maximum allowable in a block by the drawing of lots as follows: the public works director shall assign the location at random by placing the name of all applicants for the remaining locations into a container from which the names shall be drawn, one at a time, by the director, until the remaining number of locations is filled.

(p) All permitted newsracks in place at the time of the amendment of the newsrack ordinance that become in violation of the newsrack ordinance shall be considered legal nonconforming for the remainder of the time for which such newsracks are permitted or ninety days, whichever is less. At the expiration of that legal nonconforming status, and barring the issuance of a hardship waiver, such newsracks shall be brought into compliance with the newsrack ordinance before a permit may be issued. Newsracks in violation of Section 31.2-3 shall not be legal nonconforming and must be removed or otherwise brought into compliance therewith within fourteen days of the enactment or amendment of the newsrack ordinance unless a hardship waiver has been issued. Any previously paid permit fees will be credited towards a future permit or refunded pro rata if the removal of a newsrack or a renewal of a newsrack permit occurs prior to the expiration of a newsrack permit that was issued prior to an amendment making said newsrack in violation of the newsrack ordinance.

(q) Parties that are denied permits per subsections (o) and (p) of this section, or because a block or a newsrack zone is already full of newsracks, may request notice of the expiration of a permit with equivalent or lesser priority for the location described in the denied permit application one month prior to the expiration thereof. Such noticed parties may then re-submit their application prior to the expiration of the permit with equivalent or lesser priority and such resubmitted-application and such application renewal shall be considered per subsections (o) and (p) of this section by the public works director.

(r) Any party may petition for the review of any two hundred foot block length or safe route to school or newsrack zone thereon to determine if more or less newsracks may be allowed on that block length, route, or zone.

(1) If the determination of the number of newsracks in the petition is to be based on the safety and use of the public area, then the petition shall be to the public works director and considered per subsection (n) of this section. The public works director shall then hold a hearing to determine whether a change in the number of newsracks is so allowable. That hearing shall be scheduled within ten business days after the receipt of the petition and shall be held by the public works director or his/her representative. Notice of the hearing shall be mailed, return receipt requested, or delivered five business days prior to such a hearing. Such person shall have three business days after the date of the hearing to appeal the ruling to the planning commission. The procedure for that appeal shall be as is set forth for the appeal of the issuance or denial of a newsrack permit in Section 31.2-3B(i).

(2) If the determination of the number of newsracks in the petition is to be based on anything additional to or instead of the safety and use of the public area, including but not limited to blight or aesthetics, then the petition shall be considered by the planning commission. The planning commission shall consider the findings set forth in Section 31.2-1A in making its decision. The planning commission’s decision may be appealed to the city council within thirty days of the issuance of the decision of the planning commission in the form of a resolution. A hearing of the city council must be held within thirty days of the receipt of the notice of appeal. The appellant shall be given notice of the hearing on the appeal at least ten days before the hearing. (Ord. No. 2138 § 1.)

(a) Any permitted newsrack installed, used or maintained in violation of the provisions of this chapter, or that must be removed for a public purpose, may be subject to removal and storage by the public works director or his/her duly authorized representative. At least ten business days prior to removal, the public works director or his/her representative shall transmit a written notice of the violation or the public purpose requiring such removal to the person whose name was provided in conformance with Section 31.2-3A(b)(2) via U.S. mail return receipt requested or by delivery. At any time within the ten-day notice period, an administrative hearing to challenge the existence of a violation or, alternatively the public purpose requiring removal, may be requested by such person. Such request may contain, or future correspondence to the director may contain, statements of evidence that an alleged violation has been corrected upon which the director may use to determine that the violation has been corrected without need for a hearing. Alternatively, the director may determine independently that a violation has been corrected without need for a hearing. If no such determination is made, and no request for a hearing has been made, then such failure to cure the problem or request a hearing therefor shall result in the removal and storage of the newsrack by the public works director or his/her representative at any time after the expiration of the ten-day period. The noticed party shall be informed in the notice of the party’s right to request the hearing.

(b) If such person requests a hearing as provided in subsection (a) of this section, the hearing shall be scheduled within ten business days after the request and shall be held by the public works director or his/her representative. Notice of the hearing shall be mailed, return receipt requested, or delivered five business days prior to such a hearing. Such person shall have three business days after the date of any ruling which may result from the hearing to comply with the ruling, as directed, thereby. If, after three business days from the date of decision, such person has failed to comply with the provisions of the ruling, then the subject newsrack shall be removed and stored by the public works director or his/her representative.

(c) The decision of the public works director may be appealed as is set forth for the appeal of the issuance or denial of a newsrack permit in Section 31.2-3B(i). An appeal will not stay the removal of a newsrack as set forth herein.

(d) The cost of removal and storage by the city of any newsrack subject to the newsrack ordinance shall be chargeable as a civil debt in the amount of three hundred fifty dollars to the owner thereof and may be collected by the city in the same manner as it collects any other civil debt or obligation. In addition, a stored newsrack not reclaimed by the owner thereof within twenty-four hours after its removal will be charged a storage fee of twenty-five dollars per day. After thirty days, it shall be deemed to be unclaimed property and may be disposed of accordingly. (Ord. No. 2138 § 1.)

31.2-6A Newsracks—Summary removal.

(a) In the event the public works director determines that the condition or placement of a newsrack constitutes a dangerous condition or obstruction, as defined in Section 31.2-3, or if the director determines that a newsrack has been placed on a public sidewalk or parkway without permit, or with an expired permit, or has been placed in any part of the roadway in violation of Section 31.2-2, the director may cause the newsrack to be removed and stored summarily and without a pre-removal hearing.

(b) The director shall provide the person identified on the newsrack, or if there is no such person identifiable then to such person as may reasonably be identified as the newsrack owner, or the publisher of the newspaper or publisher if any such newspaper or publication is located within the newsrack, with the opportunity for a post-storage hearing to determine the validity of the storage.

(c) A notice of the storage and the availability of a post-storage hearing shall be mailed with a confirmation receipt or personally delivered to the person identified in subsection (b) of this section within one business day of the removal of the newsrack and shall include all of the following information:

• (1) The name, address, and telephone number of the city;

(2) The location of the place of storage and description of the newsrack and publication, if any, which shall include, if known to the director, the color, manufacturer, or model number of the newsrack;

(3) The authority and purpose for the removal of the newsrack; and

(4) A statement that, in order to receive their post-storage hearing, the person identified in subsection (b) of this section must request the hearing in person, writing, or by telephone within five business days of the date appearing on the notice from the public works director.

(d) The post-storage hearing must be held by the public works director within ten business days of the receipt of the request for the hearing. The requesting party shall be given notice of the hearing at least five business days before the hearing. The decision of the public works director may be appealed as is set forth for the appeal of the issuance or denial of a newsrack permit in Section 31.2-3B(i).

(e) Failure of either the person identified in subsection (b) of this section to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.

(f) The city shall be responsible for the costs incurred for removal and storage of a summarily removed newsrack if it is determined in the post-storage hearing that reasonable grounds for the removal or storage, as applicable, are not established.

(g) The person identified in subsection (b) of this section shall be responsible for the costs incurred for the removal and storage of a summarily removed newsrack if it is determined in the post-storage hearing that reasonable grounds existed for the removal or storage, as applicable, of the newsrack, or if that person fails to request a hearing in accordance with this section. Such costs for storage and removal and the related procedures for the disposal thereof shall be as further set forth in Section 31.2-6(d). (Ord. No. 2138, § 1.)

(a) No person shall construct, affix, place or post any display or medium of communication, including, without limitation any notice, sign, poster, bill or advertising, on or over any public right-of-way or upon any fixed object in any public right-of-way; provided, that this section shall not apply to the following:

• (1) A newsrack as defined, regulated and permitted by Chapter 31 of this code;

• (2) A sidewalk sign, as defined, regulated and permitted by Chapter 36 of this code;

(3) A directional sign related to a production for which a valid film permit has been issued by the city, but only during the term of the permit;

(4) Any non-commercial sign posted in a parkway; provided, that for purposes of this subdivision a parkway shall mean the nonpaved area between the edge of a sidewalk and a curb or street edge; and

(5) Any display or medium of communication authorized by the laws of the state, the United States or duly enacted legislation of the city.

(b) Any unauthorized display or medium of communication on or above any public right-of-way or upon any fixed object in any public right-of-way is a public nuisance and city employees are authorized to abate, summarily, any such nuisance.

• (c) Violation—Civil Liability.

(1) A person or entity that financially benefits from any display or medium of communication, as described in subsection (a), placed within any public right-of-way, in violation of this section, will be civilly liable to the city for all costs of abatement of the nuisance that is created, including, but not limited to, cost incurred by the city for the removal of the signs, attorney fees and court costs.

(2) Civil liability extends when the display or medium of communication, as described in subsection (a), contains:

• (i) A message attributable to a person or entity named thereon;

• (ii) An advertisement or telephone number notification for the benefit of a person or entity; or

• (iii) Any properly authenticated photograph or videotape of same.

• (3) A person or entity financially benefits when:

(i) The person or entity derives a direct economic benefit from the display or medium of communication, as described in subsection (a); or

(ii) The person or entity derives an indirect economic benefit from the display or medium of communication, as described in subsection (a); or

(iii) The person or entity derives a direct economic benefit from the event, product, or service described on the display or medium of communication, as described in subsection (a).

(4) Prior to any civil suit to recover costs of abatement under this section, an enforcement officer must issue a written notice demanding abatement of the nuisance to the person or entity financially benefiting from the nuisance. This written notice must describe the person or entity’s civil liability. Such written notice must contain the following information:

• (i) The date of the violation;

• (ii) The address or a specific description of the location where the violation occurred;

• (iii) The section of this Code violated and a description of the violation;

• (iv) Identification of the action necessary to correct the violation.

(5) If no action to abate is taken by the person or entity so notified within forty-eight hours of issuance of the written notice described in Section 31.2-7(c)(4), then the city may bring a civil suit to recover all costs of abating the nuisance, including, but not limited to, cost incurred by the city for the removal of the signs, attorney fees and court costs.

(6) This civil remedy is in addition to all other applicable remedies provided by law, including the penalty provisions of this chapter and this Code. (Ord. No. 2097, § 1; Ord. No. 2225, § 3, 2011.)

31.2-8—31.2-11 Repealed by Ordinance No. 1983.