Union City Municipal Code Ch. 12.10 Newsracks

A. The City Council finds that the public health, safety, welfare, and convenience require that:

1. Interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided;

2. Obstruction of sight distance and views of traffic signs and street-crossing pedestrians be eliminated;

3. Damage done to sidewalks and streets be minimized and repaired;

4. The good appearance of public streets and grounds be maintained;

5. Trees and other landscaping be allowed to grow without disturbance;

6. Access to emergency and other public facilities be maintained;

7. Ingress and egress from properties adjoining the public right-of-ways be protected;

8. Visual blight on the public rights-of-way or which may unreasonably detract from the aesthetics of adjacent store window displays, landscaping and other improvements be reduced; and

9. Minors be shielded from materials which may be harmful to their psychological or physical well-being.

B. The City Council also finds, however, that the reasonable use of such right-of-ways is historically associated with the sale and distribution of newspapers and publications, and such use is a constitutionally protected right.

C. The City Council further finds that these competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this chapter designed to accommodate such interests by regulating the time, place, and manner of using such newsracks.

(Ord. 499-97 § 1, 1997)

For the purpose of this chapter, the following definitions shall apply:

"Director"

means the Director of the Public Works Department of the City of Union City, and his or her designated representative.

"Modular-unit configuration"

means a structure containing two or more newsracks.

"Newsrack"

means any self-service or coin-operated box, container, storage unit, or other dispenser, installed, used, or maintained for the display and distribution of a newspaper, periodical, or other printed matter.

"Public property"

means parks, squares, plazas, and any other real property owned by the City, except for public right-of-ways as defined by this section.

"Public right-of-way"

means any land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, sidewalk, walkway, storm drainage, or bicycle path purposes.

"Single-unit configuration"

means a newsrack structure containing a single newsrack.

"Placed"

shall also mean "maintained."

"Placement"

shall also mean "maintenance."

"Registrant"

means the person responsible for installation, use and maintenance of a newsrack(s).

(Ord. 499-97 § 1, 1997)

No person shall place or maintain a newsrack which is on or projects into a public right-of-way, unless such newsrack is registered with the Director within thirty days prior to such placement and conforms with the requirements of this chapter.

(Ord. 499-97 § 1, 1997)

A. Registration of a newsrack(s) shall be made with the Director within thirty days prior to placement, on prescribed forms containing the name, address, and telephone number of those responsible for installation, use and maintenance of the newsrack(s), and the type, number, and location(s) of the newsrack(s).

B. The application shall contain a provision wherein every person operating or maintaining a newsrack upon the streets of this City shall agree to indemnify and hold harmless the City, its officers and employees, from any loss, liability, damage, or cost sustained by any person or property, to the extent any such loss, liability, damage or cost arises from the installation, operation, or use of such newsrack; provided, however, that such obligation to indemnify and hold harmless the City, the officers and employees shall not extend to any loss, liability, damage or cost resulting from the acts, failure to act, or property of a person other than the owner.

C. One registration form may be filed for any number of newsracks placed on public right-of-ways in accordance with the provisions of this chapter, provided that the specific location of each newsrack is included in the registration form.

D. The registration completed pursuant to this chapter shall remain in effect until registered newsracks are abandoned or impounded.

E. No fee or bond shall be required for the registration of a newsrack.

(Ord. 499-97 § 1, 1997)

Every newsrack owner shall permanently affix to each newsrack the owner's name, address and telephone number above the level of the newspapers or periodicals being displayed for distribution in a place where it may be seen by anyone using the newsrack.

(Ord. 499-97 § 1, 1997)

The following standards shall apply for the placement of newsracks:

A. Newsracks shall be placed on the back of the sidewalk away from the curb so that the back edge of the newsrack is not farther than six inches from the back edge of the sidewalk.

B. When a newsrack is placed adjacent to the wall of any building, the newsrack shall be placed with its long axis parallel to the building and with the back edge of the newsrack a maximum of six inches away from the building.

C. Clear space for pedestrian/bicycle passage shall be maintained as follows:

1. On bicycle-pedestrian paths, at least eight feet clear space, provided no newsrack shall be placed on the paved portion of such path;

2. On sidewalks of eight feet or less in width, at least four feet clear space or, upon the approval of the Director of a permitted obstruction as set forth in Title 24, Code of California Regulations, three feet clear space.

D. No newsrack shall be installed, used, or maintained within the following distances, measured parallel to the street unless otherwise indicated, from the following:

1. Within fifteen feet of the curb return of any intersection with either a marked or unmarked crosswalk;

2. Within a five-foot radius of any public telephone, or fire hydrant, traffic controller box, or other emergency facility;

3. Within ten feet of any driveway;

4. Within five feet of any entrance to a building or sidewalk leading to the entrance of a building;

5. In front of, or so situated so as to impede access to or from, any bus bench or shelter or access to or from public transit;

6. Within ten feet of any no parking or stopping zone, unless the newsrack is located on the side of the sidewalk farthest from the street;

7. Within the limits of a handicap ramp or designated handicapped parking stall; and

8. Within any area found to be a safety problem by the Director in accordance with the standards established by this section.

E. Newsracks may be placed or joined together so long as the group combined does not extend for a distance of more than eight feet. A space of no less than three feet separating each newsrack group is required.

F. A newsrack shall not be chained, bolted, or otherwise attached to public property, unless approved by the Director. Newsrack shall not be chained, bolted, or otherwise attached to any shrub, tree, tree stake, or other plant, street furniture, utility pole, street or traffic sign, mailbox, nor situated upon any landscaped area, unless approved by the Director.

G. The Director shall require a newsrack owner to move a newsrack if he or she determines that the placement of the newsrack does not meet the criteria of this section.

(Ord. 499-97 § 1, 1997)

A. Each newsrack shall at all times be maintained in a neat and clean condition and in good repair. Each newsrack shall be maintained and serviced so that it is reasonably free of:

1. General dirt and grease;

2. Chipped, faded, peeling, and cracked paint, or graffiti, on all visible painted areas;

3. Rust and corrosion on all visible unpainted metal areas;

4. Crocks, dents, blemishes, and discolorations in the clear plastic and glass parts, if any, through which publications are viewed;

5. Tears, peeling, or fading in the paper or cardboard parts and inserts; and

6. Broken or misshapen structural parts.

B. Newsracks that are damaged or defective shall be replaced or repaired as soon as practical.

C. When use of a newsrack is permanently discontinued, it shall be removed and the location restored to its previous condition, normal wear and tear excepted. A newsrack which is unused for one month shall be presumed to be permanently discontinued.

(Ord. 499-97 § 1, 1997)

A. Single Unit. All single-unit configurations shall conform to the following:

1. The dimensions shall not exceed:

a. Fifty inches in height;

b. Twenty-four inches in width;

c. Eighteen inches in depth.

2. The base shall be enclosed and shall not be a wire type design.

3. The lettering on a single-unit configuration shall not exceed one hundred seventy square inches in area.

4. Except for any lettering. the color of the single-unit configurations shall be brown, beige or tan.

B. Modular Units. All modular-unit configurations shall conform to the following:

1. The dimensions shall not exceed:

a. Fifty-five inches in height;

b. Ninety-six inches in width;

c. Eighteen inches in depth.

2. The base shall be a pedestal type design.

3. The lettering on a modular-unit configuration shall not exceed one hundred seventy square inches in area per each newsrack within the configuration.

4. Except for any lettering, the color of the modular-unit configurations shall be brown, beige or tan.

(Ord. 499-97 § 1, 1997)

No person shall knowingly display or cause to be displayed in any public place, other than a public place from which minors are excluded, any harmful matter as defined in Section 313 of the Penal Code unless such matter is displayed in newsracks or newsstands equipped with devices commonly known as blinder racks affixed in such a manner that the lower two-thirds of the matter is not exposed to view.

(Ord. 499-97 § 1, 1997)

A. The Director may immediately correct any violation of this chapter, and shall do so without impounding, if such correction can be accomplished simply, easily, quickly, and without substantial public expense.

B. Any newsrack installed, used or maintained in violation of the provisions of this chapter, or of state law, may be subject to removal, storage and disposal by the Director. In such cases, the Director shall notify the registrant, or if no permit has been issued, the owner, by mail, that unless the violation is corrected or a hearing requested within fifteen calendar days of the date of the notice, the newsrack will be impounded.

C. The Director may summarily remove and impound a newsrack in violation of this chapter if the violation cannot be corrected under subsection A and if said violation endangers the physical safety of persons, property, pedestrian or vehicular traffic, unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or interferes with the use of traffic signs or signals, hydrants, call boxes or mail boxes. Such removal may be done without prior notice to the registrant or owner, and the registrant may be charged all reasonable costs of removal, as well as the costs of subsequent storage. Notice of such action and the right to a hearing on the impoundment shall be mailed to the registrant within two working days after such action is taken.

(Ord. 499-97 § 1, 1997)

A. Any registrant or owner of a newsrack aggrieved by a decision under Section 12.10.100 may request a hearing before the City Manager or his or her designee (other than the Director) provided that a written request for such hearing is received by the City Clerk no later than fifteen days from the date of the notice issued under Section 12.10.100.

B. A hearing shall be held within seven working days of the date of receipt of a timely request for a hearing. At the hearing, registrant or owner may present evidence or argument as to whether the newsrack should not be impounded or should be returned without payment of an impound fee.

C. The City Manager, or his or her designee, shall render a written decision within five working days after the close of the hearing. The decision of the City Manager or his or her designee shall be final. Failure to so render a decision within five working days shall not affect the validity of such decision.

(Ord. 499-97 § 1, 1997)

A. The owner may, at any time up to and including the thirtieth day after the impounding, and if a hearing is held concerning the newsrack at any time up to and including the thirtieth day after the written decision, obtain a return of the newsrack and its contents, upon paying an impound fee established by resolution of the City Council.

B. If a hearing on the impounding of the newsrack is not timely requested or if the newsrack is not returned in accordance with the provisions of this chapter, the Director may sell or otherwise dispose of the newsrack, and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in said newsrack, in the City's general fund.

(Ord. 499-97 § 1, 1997)

In addition to any and all remedies set forth herein in connection with violations of this chapter, displays of harmful matter to minors in violation of Section 12.10.090 of this chapter shall be punished as a misdemeanor pursuant to Chapter 1.16 of the Union City Municipal Code by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding six months, or by both fine and imprisonment.

(Ord. 499-97 § 1, 1997)

Should any part, term, provision of this chapter be decided by any court of competent jurisdiction to be illegal, unconstitutional, or in conflict with any law of the or constitution of the United States or of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.

(Ord. 499-97 § 1, 1997)