Torrance Municipal Code Art. 8 Publication Vending Machines (newsracks)

As used in this Section, the following terms shall have meanings set forth hereinbelow unless the context clearly requires otherwise:

a) "Publication Vending Machine" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including but not limited to newspapers, news periodicals, magazines, books, pictures, photographs and records.

b) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.

c) "Custodian" means any person or persons who have the responsibility of placing, servicing or maintaining a publication vending machine by depositing and/or removing material from said machine and/or by collecting monies from said machine.

d) "Public right-of-way" shall include, but not be limited to, the following: street, roadway, parkway and sidewalk, as these terms are hereinafter defined.

1. "Street" shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys and sidewalks;

2. "Roadway" shall mean that portion of a street which is improved, designed or ordinarily used for vehicular travel;

3. "Parkway" shall mean 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 shall also include any area within a roadway which is not open to vehicular travel;

4. "Sidewalk" shall mean any surface provided for the exclusive or primary use of pedestrians.

e) "Block" shall mean an area of land enclosed by public roadways other than alleys.

No person shall install, use or maintain any publication vending machine which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street.

No person shall install, use or maintain any publication vending machine which in whole or in part rests upon, in or over any public sidewalk or parkway, when in the opinion of the City Manager:

a) Such installation, use or maintenance endangers the safety of persons or property; or

b) Such site or location is used for public utility purposes, public transportation purposes or other governmental use; or

c) Such publication vending machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.

Publication vending machines shall only be placed near a curb or adjacent to a wall or a building. Such machines placed near the curb shall be placed with no portion or projection less than eighteen (18) inches nor more than twenty-four (24) inches from the edge of the curb. Those machines placed adjacent to the wall of a building shall be placed parallel to such wall with no portion or projection more than six (6) inches from the wall. No such machine shall be placed or maintained on the sidewalk or parkway opposite another publication vending machine or group of such machines.

Notwithstanding any other provision of this Article, no publication vending machine shall be placed, installed or maintained:

a) Within five (5) feet of any marked crosswalk;

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

c) Within five (5) feet of any fire hydrant, fire call box, police call box or any other emergency facility;

d) Within fifteen (15) feet of any driveway;

e) Within five (5) feet ahead of or twenty-five (25) feet to the rear of any sign marking a designated bus stop;

f) Within six (6) feet of any bus bench;

g) In any location whereby the cross space or the passageway of pedestrians is reduced to less than six (6) feet;

h) Within five (5) feet of any area improved with lawn, flowers, shrubs or trees, or within five (5) feet of any display window or any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(Amended by O-2871)

In the case of violations of the Sections 74.8.2. to 74.8.5., inclusive, the City Manager, as an alternative to removal under the provisions of Sections 74.8.17. and 74.8.18. may move such machines in order to restore them to a legal condition.

a) Such machines may be chained or otherwise attached to one another, provided no more than three (3) such machines may be joined together in this manner and a space of no less than three (3) feet shall separate each group of three (3) such machines so attached.

b) No publication vending machine shall be chained, bolted or otherwise attached to property not owned by the owner of said machine or to any permanently fixed object, unless the custodian of said machine shall have first obtained the written permission of the owner of the object to which the machine is affixed.

c) In the case of any violation of subsections a) or b) of this Section 74.8.7., the City Manager may remove such attachments in order to restore such machines to a legal condition.

No publication vending machine shall exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in thickness.

No publication vending machine shall weigh more than fifty (50) pounds when empty.

No more than six (6) publication vending machines shall be located on any public right-of-way within a space of four hundred (400) feet in any direction within the same block. Each such group of six (6) or less machines shall be situated within a space of twenty-five (25) foot frontage.

a) In determining which publication vending machines shall be removed and which shall be permitted to remain, the City Manager shall be guided solely by the following criteria:

1. First priority shall be given to publication vending machines used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County, pursuant to the procedure set forth in Division 7, Article 2 of the State Government Code.

2. Second priority shall be given to publication vending machines used for the sale of daily publications (those published on five (5) or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County.

3. Third priority shall be given to publication vending machines used for the sale of weekly publications (those published on at least one (1), but less than five (5), days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County.

b) Priority within each of the above three (3) categories shall be determined in the following manner:

1. Preference shall be given to those machines first placed at the given location which are in compliance with this Article.

2. In cases where the chronological order of placement cannot be determined, preference shall be given to those machines whose owners or custodians have first filed with the City Clerk the indemnity agreement required by Section 74.8.14. of this Article.

c) No more than one (1) publication vending machine used for the sale of the same publication shall be located on any public right-of-way within a space of four hundred (400) feet in any direction within the same block unless the placement of said machine does not cause the total number of publication vending machines within said four hundred (400) foot area to exceed six (6).

No such machine shall be used for advertising signs or publicity purposes other than for signs or purposes dealing with the display, sale or purchase of the publications sold therein.

(Amended by O-2871)

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

Every person or custodian who places or maintains a publication vending machine on a public sidewalk or parkway within the City shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.

Every person or custodian who places or maintains a publication vending machine on a public sidewalk or parkway in the City shall file a written statement with the City Clerk satisfactory to the City Attorney, whereby he agrees to indemnify and hold harmless the City, its officers, directors or employees from any loss or liability or damages, including expenses and costs, for bodily or personal injury and for property damage sustained by any person as a result of the installation, use, maintenance, removal or storage of such a machine within the City.

a) The owner or custodian of a publication vending machine shall provide and keep in force during the time that such a machine is allowed to remain on public property, a policy of public liability insurance which will insure and indemnify the owner or custodian and the City, the City Council and each member thereof, and every officer and employee of the City against liability or financial loss resulting from any suits, claims, or actions brought by any person or persons and from all costs and expenses of litigation brought against the City, in the amount of $1,000,000.00 combined single limit for any injury to persons and/or damage to property by reason of the installation, use and maintenance of said machine on public property.

b) The City, the City Council and each member thereof, and every officer and employee of the City shall be named as an additional insured on said policy. Said policy shall be issued by an insurer rated in Best’s Insurance Guide with a financial rating of AAA or better. Said policy shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without the City having been given ten (10) days prior written notice thereof by such carrier. The owner or custodian agrees that he will not cancel or reduce said insurance coverage.

(Amended by O-2600; O-2742; O-2871)

a) Except as provided in Section 74.8.18. hereof, if any publication vending machine is installed or maintained in violation of any provision of this Article, the City Manager shall attach a notice of violation to said publication vending machine specifying the date and nature of the violation. The owner or custodian of the vending machine or the publisher of the publication contained therein, if the identity of such persons can be ascertained from the records of the City or from the vending machine, shall be sent notice of said violation by the City Manager by certified mail, return receipt requested, within five (5) working days. Such notices shall specifically describe the offending condition or conditions.

b) Upon receipt of notice of a violation of any provision of this Article, the owner or custodian of the vending machine or the publisher of the publication contained therein shall, within ten (10) working days from the date on which notice of said violation was attached to the publication vending machine, either cause the violation to be corrected or file a written request for a hearing pursuant to Section 74.8.22

(Amended by O-2871)

When a final determination has been made that the violation specified on the notice attached to such publication vending machine has in fact occurred, and the owner or custodian of the vending machine or the publisher of the publication contained therein has failed to correct such violation within ten (10) working days from the mailing of notice of such notice of determination, said publication vending machine shall be removed by the City Manager and stored in a convenient place.

(Added by O-2871)

a) If any publication vending machine is so located or maintained that it poses a danger to pedestrians or vehicles as specified in Section 74.8.3., said publication vending machines shall be summarily removed by the City Manager and stored in a convenient place.

b) If any publication vending machine has been abandoned, said publication vending machine shall be summarily removed by the City Manager and stored in a convenient place. A publication vending machine shall be deemed abandoned when no new publication has been placed in such publication vending machine for a period of seven (7) days.

c) If any publication vending machine does not have the identification required by Section 74.8.13. hereof, said publication vending machine shall be summarily removed by the City Manager and stored in a convenient place.

d) If any publication vending machine has had a notice affixed thereto of noncompliance with any Section of this Article and the owner or custodian of the vending machine or the publisher of the publication contained therein has neither caused the violation specified on said notice to be corrected nor requested a hearing pursuant to Section 74.8.22. within the time permitted, said publication vending machine shall be summarily removed by the City Manager and stored in a convenient place.

e) If a request for a hearing or appeal has been withdrawn by the owner or custodian of the vending machine or publisher of the publication contained therein, said publication vending machine shall be summarily removed by the City Manager and stored in a convenient place. Such request shall be deemed withdrawn either by actual withdrawal or by the failure of the applicant to fully comply with Section 74.8.22. or Section 74.8.23. hereof.

(Added by O-2871)

Whenever any publication vending machine is impounded pursuant to this Article, the owner or custodian of the vending machine or publisher of the publication contained therein, if the identity of such persons can be ascertained from the records of the City or from the vending machine, shall be sent a notice of said action by the City Manager by certified mail, return receipt requested, within five (5) working days thereafter. The owner or custodian of the vending machine or publisher of the publication contained therein may, within ten (10) working days after the mailing date of said notice, request a hearing as provided in Section 74.8.22.

(Added by O-2871)

Any publication vending machine, together with its contents, which has been impounded pursuant to this Article shall be returned to the owner or the custodian of the vending machine or publisher of the publication contained therein:

a) Upon receipt of a fee of Twenty-five Dollars ($25.00) plus the reasonable cost of removal and storage of such publication vending machine, if any, in excess of Twenty-five Dollars ($25.00); or

b) Upon a determination after a hearing by the Administrative Hearing Board, pursuant to Section 74.8.22., that such impoundment was not authorized; or

c) Upon a decision by the City Council on appeal, pursuant to Section 74.8.23., that such impoundment was not authorized.

(Added by O-2871)

a) The City Manager may process as unclaimed property and dispose of any impounded publication vending machine pursuant to the applicable provisions of this Code and the laws of the State:

1. Upon failure of the owner or custodian of the vending machine or publisher of the publication contained therein, to request a hearing pursuant to Section 74.8.22. within the time permitted.

2. After a final determination that said publication vending machine was lawfully impounded and fees and costs assessed pursuant to Section 74.8.20. have not been received within thirty (30) working days from the date of the final determination.

(Added by O-2871)

Any owner or custodian of a publication vending machine or publisher of the publication contained therein may file a written request with the City Manager for a hearing by the Administrative Hearing Board for the purpose of demonstrating that a publication vending machine was illegally impounded, or that a violation as specified on the notice attached to a publication vending machine pursuant to Section 74.8.16. has not in fact occurred.

(Added by O-2871)

Within five (5) working days from the date on which the request for hearing is received, the City Manager shall notify the owner or custodian of the vending machine or publisher of the publication contained therein of the date, time and place of said hearing by certified mail, return receipt requested. Said hearing shall be set for a date within ten (10) working days of the mailing date of the notice.

(Added by O-2871)

At the time set for such hearing or at the date to which such hearing is continued, the Administrative Hearing Board shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this Article, and any other relevant information. Such hearing need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation.

(Added by O-2871)

Within five (5) working days after the conclusion of the hearing, the Administrative Hearing Board shall issue, in writing, its decision and the City Manager shall send by certified mail, return receipt requested, a copy of said decision to the owner or custodian of the vending machine or publisher of the publication contained therein.

(Added by O-2871)

All decisions of the Administrative Hearing Board may be appealed to the City Council as provided in Article 5 of Chapter 1 of Division 1 of this Code.

(Added by O-2871)

The City Manager may delegate to any person in the employ of the City any of the duties or responsibilities assigned to him by this Article.