Temple City Municipal Code Art. D Yard Sales

"Yard" or "garage sales", defined as the advertised sale of five (5) or more articles of personal property, shall be permitted in residential zones, only if conducted in accordance with the following:

A. That the occupant of a residence shall first obtain a no fee city permit and that a copy of such permit shall be displayed at the site of the sale at all times during such sale; and

B. That no such sale shall be of a duration in excess of two (2) days; and

C. That not more than one such sale shall be permitted during any six (6) month period; and

D. That such sale shall be conducted only on an improved residential lot; and

E. That no portion of the public right of way shall be utilized for such purposes; and

F. That such sales shall be conducted only between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. of any day; and

G. That only property lawfully in possession of the occupant of the lot upon which conducted shall be involved, offered for sale, or sold; and

H. That no signs relating to such sale shall be placed on any private property except one double face sign not to exceed five (5) square feet in area may be displayed on the sales premises during the hours sales are lawfully conducted; and

I. That no signs or devices relating to such sale shall be placed on any public property or right of way or public utility facilities excluding legally parked vehicles; and

J. Any person violating any of the provisions of this article is guilty of an infraction punishable by a fine not to exceed that allowable by California state law, as set forth by city council resolution. Each such person is guilty of a separate offense for every day during any portion of which any violation of any of the provisions of this article is committed, continued or permitted by such person, and shall be punished therefor as provided by this article. Pursuant to the provisions of section 36900 of the California Government Code, the first and second violations of any provisions of this article may be enforced as "infractions", while any subsequent violations shall be deemed and enforced as "misdemeanors". (Ord. 95-779)

ARTICLE E. NEWSRACKS

SECTION:

For the purpose of this section through section 4-2E-10 of this article, 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:

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

PARKWAY: That area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" shall also include any area within a roadway which is not open to vehicular travel.

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

SIDEWALK: Any surface provided for the exclusive use of pedestrians.

STREET: All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. (1960 Code)

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 (18") or any portion of the roadway of any public street. (1960 Code)

No person shall install, use or maintain any newsracks 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 said location; or

C. When such newsracks are so insufficiently illuminated at night as to cause a potential hazard to pedestrians. (1960 Code)

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

A. Newsracks shall not be located in any public right of way except along primary and secondary streets as identified in the Temple City general plan.

B. No newsrack shall exceed four feet (4') in height, thirty inches (30") in width, or two feet (2') in thickness.

C. Newsracks shall only be placed "near" a curb or "adjacent" to the wall of a building. Newsracks placed "near" the curb shall be placed no less than eighteen inches (18") nor more than twenty four inches (24") from the edge of the curb. Newsracks placed "adjacent" to the wall of a building shall be placed parallel to such wall and not more than six inches (6") from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite (within a 30 degree angle) of another newsrack.

D. No newsrack shall be chained, bolted or otherwise attached to any property not owned by the newsrack to any permanently fixed public property or public utility object.

E. Newsracks may be placed next to each other, provided that no group of newsracks shall extend more than thirty feet (30') along a curb or wall and a space of no less than twenty five feet (25') shall separate each such group of newsracks.

F. Newsracks may be chained or otherwise attached to one another in groups, provided no more than three (3) newsracks be joined together in this manner, and a space of no less than eighteen inches (18") shall separate each such group.

G. No newsrack (or group of attached newsracks allowed under subsection F of this section) shall weigh in excess of one hundred twenty five (125) pounds when empty.

H. Notwithstanding the provisions of section 4-2E-2 of this article, no newsrack shall be placed, installed, used or maintained in a public place:

1. Within five feet (5') of any marked crosswalk.

2. Within fifteen feet (15') of the curb return of any unmarked crosswalk.

3. Within five feet (5') of any fire hydrant, fire call box, police call box or other emergency facility.

4. Within five feet (5') of any driveway.

5. Within five feet (5') ahead of any twenty five feet (25') to the rear of any sign marked a designated bus stop.

6. Within six feet (6') of any bus bench.

7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (6').

8. Within three feet (3') of any area improved with lawn, flowers, shrubs, or trees or within three feet (3') 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.

I. 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.

J. Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.

K. No newsrack shall be permitted to remain in other than its vertical position for more than twenty four (24) hours.

L. No newsrack may remain empty in excess of three (3) days.

1. Material offered for sale must be the current edition of the publication so offered.

M. Newsracks shall be so placed and maintained in such a manner that they do not:

1. Endanger the safety of persons or property.

2. Interfere with any governmental use of the sidewalk.

3. Unreasonably interfere with pedestrians, including persons leaving and entering motor vehicles.

4. Interfere with the ingress or egress of private property.

5. Interfere with the use of mailboxes or traffic signals.

N. The city manager or his designee shall have supervision over the placement, maintenance and removal of all publication vending machines on public sidewalks in the city of Temple City.

O. Newsracks shall be maintained and painted regularly in a satisfactory manner. Newsracks shall be constructed of a metal type material.

P. Each vendor may have no more than two (2) machines in any one location; in some instances, depending upon space available, the vendor may be limited one. (1960 Code; amd. Ord. 95-787)

A. No publication defined as "harmful matter" by section 313 of the Penal Code of the state of California shall be distributed as defined in section 313.1 of said Penal Code in a newsrack upon public property within one hundred feet (100') of the entrance to any restaurant, theater, school or other place catering to minors.

B. No publication may be offered for sale to the public on any public right of way by means of such newsrack in such manner as to expose to the public view any photograph or drawing contained within such publication displaying any of the following:

1. The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person, other than a child under the age of puberty.

2. Any portion of the breast, at or below the areola, of any female person, other than a child under the age of puberty.

3. Actual or simulated sexual intercourse or sexual conduct prohibited by the Penal Code.

4. Human excrement, feces, urine or semen.

C. No single edition of a publication shall remain in a newsrack in excess of eight (8) days, unless the owner shall first file a statement with the city clerk indicating such extended sale. Failure to so file such statement shall constitute a violation of this section.

D. Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists in an offer of sale of any such publication in violation of this section.

E. Any publication offered for sale in violation of this section constitutes a public nuisance and a misdemeanor. (1960 Code)

There shall be excepted from the provisions of section 4-2E-4 of this article any publication, display or depiction which:

A. Constitutes a violation of any state statute; or

B. Is specifically held to be preempted from local regulation by a court of final resort; or

C. Constitutes a photograph of an existing serious work of art; or

D. Constitutes a photograph of a current event of a serious social value. (1960 Code)

The city manager is hereby empowered to adopt reasonable standards and regulations to implement the provisions and purposes of these sections based upon street and pedestrian traffic requirements, access to parking places and facilities, and public health, safety and welfare. Notice of such additional regulations shall be given to each newsrack owner five (5) days before becoming effective. (1960 Code)

Within thirty (30) days after these sections become effective every person or other entity which places or maintains a newsrack on the streets of the city shall have his or its name, address and telephone number affixed thereto in a place where such information may be easily seen. (1960 Code)

Upon determination by the city manager that a newsrack has been installed, used or maintained or contains matter in violation of the provisions of these sections, an order to correct the offending condition and request correction of the condition or content within ten (10) days after the mailing date of the order or shall result in the offending newsrack being summarily removed. If the offending newsrack is not properly identified as to owner under the provision of section 4-2E-4 of this article, it shall be removed immediately, the recovery of the newsrack and contents by the owner shall be in accordance with section 4-2E-22 of this article.

A. If correction is made by the owner, then the city manager shall cause inspection to be made of the corrected condition. The owner of said newsrack shall be charged a ten dollar ($10.00) inspection fee for each newsrack so inspected.

B. If correction is not made before removal, and such removal is completed, the city manager shall notify the owner (if known) that he may pick up the newsrack and contents, where and when. If the owner fails to make such pick up and pay a fifteen dollar ($15.00) impound charge within ten (10) days after such notice, the newsrack and contents may be destroyed. (1960 Code; amd. Ord. 95-787)

Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of these sections may appeal and shall be appraised of their right to appeal to the city council. An appeal must be perfected within ten (10) days after receipt of notice of any protested decision or action by filing with the office of the city clerk a letter of appeal briefly stating therein the basis for such appeal. Appellant shall be given at least ten (10) days notice of the time and place of the hearing. The city council shall give the appellant, and any other interested party, reasonable opportunity to be heard in order to show cause why the determination should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken. At the conclusion of the hearing, the city council shall make a final and conclusive determination. (1960 Code; amd. Ord. 95-787)

In the case of violations of these sections relative to restrictions upon attachments of newsracks to property other than owned by the owner of the newsracks, to fixed objects or each other, and upon location of newsracks, any city employee authorized by the city manager may, as an alternative to removal under section 4-2E-8 of this article, remove such attachment and/or move such rack or racks in order to restore them to a legal condition. (1960 Code)

Any person, firm or corporation violating this article shall be guilty of an infraction. The first and second violations may be enforced as infractions while any subsequent violations shall be deemed and enforced as misdemeanors. (1960 Code; amd. Ord. 95-787)

If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The Temple City council hereby declares that it should have passed this article, and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. (1960 Code)

A. Publications offered for sale from newsracks placed or maintained on or projecting over the sidewalks or highways shall not be displayed or exhibited in a manner which express to public view from the sidewalk or highway any of the following:

1. Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront.

2. Any picture or illustration of genitals, pubic hair, perineum, anuses, or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront.

B. No person shall display or exhibit in any public newsrack or other display device, any material which is defined by California Penal Code section 313 as harmful to minors unless such material is:

1. Displayed in an area from which minors are excluded or,

2. Is covered by a device, commonly known as a "blinder rack", such that the lower two-thirds (2/3) of the material is not exposed to view. (1960 Code; amd. Ord. 95-787)

Explicit sexual acts, as used in this chapter, means depictions of sexual intercourse, oral copulation, anal intercourse, oral- anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other act of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region. (1960 Code)

No person shall place, install or maintain any newsrack(s) on any street within the city, without first obtaining approval and a permit from the city. A separate permit shall be obtained for each newsrack and shall be valid only for the specific location identified in the permit as approved by the city. (1960 Code; amd. Ord. 95-787)

Application for permit must be submitted in writing to the city for each newsrack and must show:

A. The name and address of the applicant;

B. The location where the newsrack is to be placed;

C. A description of the newsrack showing its type, general dimensions and material construction;

D. A description of the advertising, if any, to appear thereon. (1960 Code; amd. Ord. 95-787)

Upon granting of any application, a fee established by separate resolution may be collected at the time of the issuance of the permit. Each permit shall expire on December 31 of each year following the issuance date. Application for a renewal permit shall be made prior to the expiration date of the permit, and shall be accompanied by required renewal fee(s) if applicable. Any fee collected for newsrack(s) shall be set and/or modified by resolution of the city council. (1960 Code; amd. Ord. 95-787)

No permittee shall locate or maintain any newsrack(s) at a point or location other than that specified within the permit for newsrack(s). It shall be the duty of the permittee to maintain each newsrack at all times in a safe condition and at its proper and lawful location. (1960 Code; amd. Ord. 95-787)

The permit (sticker) shall be visibly placed on the top of the newsrack so as to be visible from public view. The permit shall not be effective unless so placed. (1960 Code; amd. Ord. 95-787)

Any newsrack(s) installed without a permit (sticker) shall be removed by the newsrack operator, distributor or entity responsible for the newsrack(s). The city may order the removal and storage of the newsrack(s) at the offender's expense if the offender fails to do so within ten (10) days after notice. (1960 Code; amd. Ord. 95-787)

After the revocation of any permit, the city may order the removal and storage of the newsrack(s) if the permittee fails to do so within ten (10) days after notice. (1960 Code; amd. Ord. 95-787)

Notwithstanding the provisions of sections 4-2E-20 and 4-2E-21 of this article, the permittee may recover the newsrack(s), at the owner/operator's expense if within sixty (60) days after removal, he pays the cost of such removal and storage, for each such newsrack(s). After sixty (60) days, the city council may sell, destroy or otherwise dispose of the newsrack(s) and its contents at its discretion. All of the foregoing shall be at the sole risk of the permittee, and shall be in addition to any other remedy provided by law for the violation of this section. (1960 Code)

No encroachment permit shall be issued pursuant to these sections unless the applicant shall post and maintain with the city a surety bond or policy of public liability insurance, approved by the city attorney and conditioned as hereinafter provided. Such bond or policy shall be subject to the following conditions and provisions.

A. The bond or policy shall be so conditioned such that the permittee shall indemnify, defend and hold the city of Temple City, its officers, and employees harmless from any and all loss, costs, damages, expenses, or liability which may result from or arise out of the granting of the permit, or the installation or maintenance of the newsrack(s) for which the permit is issued that the permittee shall pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of such installation or maintenance;

B. The bond or policy of insurance shall be maintained in its original amount by the permittee at the permittee's expense at all times during the period for which the permit is in effect;

C. In the event that two (2) or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two (2) or more newsracks, and each bond or policy shall be of such type that its coverage shall be automatically restored immediately from and after the time for the reporting of any accident from which liability may thereafter accrue;

D. The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this section shall in no case be less than the city's minimum insurance requirements as established by city administrative policy. (1960 Code; amd. Ord. 95-787)

ARTICLE F. REGULATION OF DOGS

SECTION:

It shall be unlawful for any person knowingly to keep or harbor any animal which habitually barks, howls, yelps, or utters any sound to the substantial discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such animals are hereby declared to be a public nuisance. (1960 Code)

A public nuisance shall not mean barking, howling, yelping or other utterance whenever an animal is in the act of protecting against or resisting trespassers upon its premises. The burden of proof of such act of protection or resistance to trespassers by an animal is upon the person owning, harboring, controlling, maintaining, possessing, or having charge of the dog. (1960 Code)

Whenever any person shall complain to the animal control department that an animal which habitually barks, howls or yelps is being kept by any person in the city, the animal control department shall notify the keeper or owner of said animal that a complaint has been received and that the person should take whatever steps necessary to alleviate the howling, yelping, barking, or utterance. (1960 Code)

If the warning given to the person alleged to be keeping an animal as set forth in section 4-2F-2 of this article is ineffective, then a verified complaint of at least two (2) citizens not from the same residence may be presented to the animal control department, alleging that an animal which habitually barks, howls or yelps is being kept by a person within the city. The animal control department shall inform the owner of (or person responsible for) such animal that said petition has been received and may be presented to the district attorney to be filed as a criminal complaint pursuant to section 373(A) of the Penal Code of the state of California. (1960 Code)

ARTICLE G. GRAFFITI

SECTION:

It is unlawful for any person to paint, chalk, or otherwise apply graffiti or other inscribed material on publicly or privately owned permanent structures located on publicly or privately owned real property within the city. (1960 Code)

Any person applying graffiti within the city shall have the duty to remove the same within twenty four (24) hours after notice by the city or by the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation. Where graffiti is applied by juvenile, the parent or parents shall be responsible for such removal or for the payment therefor. (1960 Code)

It is declared to be a public nuisance for the owner (or person in possession) of any property, public or private, to permit graffiti to remain thereon for more than seventy two (72) hours after notice from the city to remove the same.

A. Abatement proceedings shall be conducted pursuant to Penal Code 370, Civil Code 3479 and 3480, or appropriate section of the municipal code.

B. If the owner (or person in possession of property) fails to remove graffiti within ten (10) days after notice from the city, such failure shall constitute a separate offense, and shall be classified as an infraction under this code. (1960 Code)

After a finding by the city council that any graffiti or other inscribed material is obnoxious, and after securing, in the case of a publicly owned structure, the consent of the public entity having jurisdiction thereof, and in the case of the privately owned structure, after securing the consent of the owner thereof, the city council may order the removal of such graffiti or other inscribed material, at public expense. The foregoing procedure does not preclude the city removal of graffiti on public or private property pursuant to Penal Code 370, Civil Code 3479 and 3480, or appropriate section of the municipal code. (1960 Code)

Willful violation of this article is declared unlawful and shall constitute a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00), or imprisonment not to exceed six (6) months, or both. Every day of such violation shall constitute a separate offense. Upon entry of a second or subsequent civil, administrative, or criminal judgment within a two-year period finding an owner of property, minor, or other person is responsible for a violation of this chapter, the city shall be entitled to treble damages pursuant to Government Code section 38773.7.

The city council may, in its sole discretion, by resolution, establish a reward for information leading up to the identification, apprehension and conviction of any person who violates this chapter. Said resolution may require that the offender reimburse the city for any reward paid, and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.

(1960 Code; amd. Ord. 24-1075)

Pursuant to California Civil Code section 1714.1(b) and Government Code section 38772, each parent or legal guardian having custody and control of a minor who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the city, shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by the minor, including all abatement costs, attorneys' fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the minor. The liability of each parent or guardian shall not exceed the amount set by the California Judicial Council in accordance with California Civil Code Section 1714.1(c). Such liability shall be a personal obligation of each parent or guardian and shall constitute a lien or special assessment on property owned by each parent or guardian pursuant to Section 4-2C-19 of this Code. The city is authorized to initiate legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein.

(Ord. 24-1075)

Pursuant to Government Code section 38772, any person who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the city, shall be personally liable for any and all costs incurred in connection with the removal of any graffiti caused by that person, including all abatement costs, attorneys' fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the person. Such liability shall be a personal obligation and shall constitute a lien or special assessment on property owned by such person pursuant to Section 4-2C-19 of this Code. The city is authorized to initiate a legal action to enforce this section, or to recover these costs by any other means provided by law.

(Ord. 24-1075)

ARTICLE H. VANDALISM AND DAMAGE TO PUBLIC PROPERTY

SECTION:

A. Property-defacing or injuring private buildings or fixtures. It is unlawful for any person to deface, mar, break, or in any way destroy or injure any portion of any private real or personal property within the city not his or her own.

B. Property-defacing or injuring public buildings or fixtures. It is unlawful for any person to deface, mar, break or in any way destroy, or injure any portion of any public building, or the fixtures or contents thereof, which building is owned by the city.

C. Penalties for violation. Any and all violations of this section shall be punishable either as an infraction or a misdemeanor, at the discretion of the City Attorney.

(Ord. 24-1075, 2-20-2024)

A. Any person, or the agent of any person, who negligently, carelessly, accidently, or in any manner causes any damage to any property of the city shall report such damage within twenty-four (24) hours to the City Manager.

B. Such report shall set forth the date, time, and place where the damage was sustained and the names of any persons who witnessed the damage, together with the nature and extent of such damage.

C. Any person who fails or neglects to make such report within the time set forth shall be guilty of a misdemeanor.

(Ord. 24-1075, 2-20-2024)