Visalia Municipal Code Ch. 12.61 Downtown Newsrack District

This section creates the Downtown Newsrack District (hereinafter referred to as "district"). The district shall encompass the area designated as the Downtown Retail Design District, as described in Title 17, Chapter 17.58 of the Visalia Municipal Code, on the effective date of this provision, and shall apply to the placement, maintenance and removal of newsracks within the district. (Ord. 2004-14 (part), 2004)

A. The city council finds that there is a substantial governmental interest in ensuring that persons may reasonably use the public's streets, sidewalks, rights-of-way, and other public property without interference with such use.

B. The city council further finds that the proliferation of news and advertising publications intended for public distribution and the corresponding increase in the number of individual newsrack dispensers placed upon the public rights-of-way has resulted in the following:

1. Obstruction of traffic views;

2. Damage to light standards, poles, trees, bus shelters, benches, and sidewalks from improper placement;

• 3. Detracting from the appearance of the public streets and grounds;
• 4. Blocking access to public facilities;
• 5. Blocking access to properties adjoining public rights-of-way.

C. It is not the intent of this chapter to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any newspapers. (Ord. 2004-14 (part), 2004)

The purpose of this chapter is to accomplish the following:

A. Provide for increased pedestrian and vehicular safety and convenience;

B. Ensure that there is no unreasonable interference with the free flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, place of business or public facility, or any legally parked or stopped vehicles;

C. Provide reasonable access for the safe and efficient use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, police or fire call boxes, sidewalk elevators, delivery areas, loading zones, transit shelters, curb ramps, parking meters, and locations used for public transportation services;

D. Reduce visual blight, clutter and litter problems associated with poorly maintained, improperly located or abandoned newsracks;

E. Protect the unique aesthetic and historical attributes of the city;

F. Advance the economic interests of the city's businesses and residents, including the interests of those involved in the publication or distribution of newspapers and news periodicals through newsracks; and

G. Prevent newsracks from unduly interfering with city sidewalk and street cleaners as well as other public services.

H. Promote the public safety, health and general welfare of persons in the city in their use of public rights-of-way. (Ord. 2004-14 (part), 2004)

The following words, phrases and terms as used in this article shall have the following meanings:

"Abandon Newsrack". A newsrack is considered abandoned when it remains empty, contains outdated issues, or is improperly maintained for more than ten (10) business days.

“Business Days” means Monday through Friday, excluding nationally recognized holidays.

“Days” means calendar days.

“Director” means the engineering and building department director or his or her designee.

“Impound or Impounding” means either seizing, removing and storing at a designated storage facility or by placing a written notice on the newsrack that the newsrack is being seized and held in place.

"Modular Newsrack" means a multi-unit newsrack and associated components including pedestal, tray and rack.

"Newsrack" means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display, sale or distribution of publications.

"Public Right-of-Way" means land, which by deed, conveyance, agreement, dedication, usage orprocess of law is used or reserved for use as a public roadway in the city and also includes but is not limited to sidewalk.

"Responsible Party" means any natural person, the parent or legal guardian of any person under the age of eighteen (18) years, trusts, estate, receiver, cooperative, partnership, corporation, association, business, joint venture, limited liability company, or any government agency that is not statutorily exempt.

"Sidewalk" means the area of the public right of way which is designated or ordinarily used for pedestrian travel.

"Single-Unit Newsrack Configuration" means a free standing single newsrack unit of the style and type typically used by newspaper publishers instead of or as an alternative to multi-unit configurations.

(Ord. 2024-07 § 2 (part), 2024: Ord. 2004-14 (part), 2004)

A. No person shall place, install, use or maintain any newsrack on public property within the district, within the public right-of-way of any street within the district, or within any public easement adjacent to any street within the district except in compliance with the provisions of this chapter.

B. All newsracks shall comply with federal, state and other local laws and regulations. (Ord. 2004-14 (part), 2004)

A. A person or persons responsible for installation, use, and/or maintenance of a newsrack within the district shall apply for and secure a permit from the director. No permit shall be issued except in conformance with this chapter.

B. Any responsible party who owns or has placed any newsrack which is existing at the time this ordinance is adopted, shall have one hundred twenty (120) days from the date of adoption to apply for and secure a permit pursuant to the requirements of this chapter. Additionally, as one of the conditions of any permit that is issued pursuant to this section, the responsible party will have sixty (60) days from the date of issuance of a permit to convert or replace existing racks to bring them into compliance with the standards established in this chapter. (Ord. 2004-14 (part), 2004)

A. Application.

1. The newsrack permit application shall state:

a. The names and addresses of the responsible party for installation, use and maintenance of the newsrack;

b. The name of the publication;

c. The interval of publication (i.e., weekly, daily, etc.);

d. A specific description of the proposed location for installation.

2. The application shall be approved and a permit issued within ten (10) business days of receipt of the application if the proposal meets the standards set forth in this chapter.

B. Fee. Each application for a newsrack permit shall be accompanied by an application fee as established by resolution of the city council. In exchange for its contribution to the beautification of downtown Visalia, PBID shall be exempt from the permit fee for placement of multi-unit newsracks. (Ord. 2004-14 (part), 2004)

A. If an application is disapproved, in whole or in part, the director shall promptly notify the applicant by First Class U.S. Mail, explaining fully the reasons for denial of the permit. The applicant shall have fourteen (14) calendar days from the date such notice was mailed by director to request a hearing regarding the denial. Such request for hearing shall be made on a form prescribed by the director and shall be filed with the director.

B. The request for hearing must specifically state the reasons it is claimed there was an error or abuse of discretion by the director in denying the permit application. The request for hearing shall be accompanied by such information as may be required to facilitate review. Upon receipt of therequest for hearing, the director shall place the appeal on the next city council agenda. (Ord. 2004-14 (part), 2004)

Director is authorized to promulgate regulations which further the purpose and intent of this chapter. Such regulations shall be adopted in accord with city's policy permitting adoption, amendment or repeal of regulations and shall thereafter be enforceable as though set forth herein. Additionally, guidelines for the implementation of this ordinance may be adopted and amended by resolution of the city council. (Ord. 2004-14 (part), 2004)

A. Permissible Newsracks: Newsracks shall be of a single unit or modular configuration and shall comply with the standards contained in this section.

1. Modular Configurations.

a. The downtown property business and improvement district ("PBID") intends to initially install five (5) multi-unit modular newsracks in the district following adoption of this chapter. PBID has agreed to make these available at no rental cost to single unit users, subject to minimal guidelines pertaining to maintenance fees and use, and intends to install additional modular newsracks within the district as funding is available upon information from the director that a request has been made to place a fourth single unit in a location where three (3) single units already exist. The placement of modular racks owned by PBID is not intended to prohibit the placement of single racks which are independently owned and operated so long as they comply with the terms and conditions contained in this newsrack ordinance.

b. When three (3) single unit newsracks are placed in a particular location and a permit is requested to place a fourth unit in the same location, the director may, in his or her discretion, issue a temporary permit not to exceed sixty (60) days. During that sixty (60) day period, the director shall contact the executive director of the downtown property business and improvement district (PBID) to request a modular unit be installed so that the four single units may be converted to a modular unit. If the PBID is unable to install and convert to a modular within the sixty (60) day temporary period, the director may extend the temporary period for up to sixty (60) days or relocate the permittee to an acceptable location within the vicinity of the three single units until such time as a modular unit is installed by PBID.

2. Single-unit configuration. Single-unit newsracks are permitted in configurations of no more than three (3) single units in one location subject to the conditions herein.

B. Size/height/configuration requirements: The following requirements shall apply to the size, height, configuration and arrangement of newsracks:

1. Height/size: Newsracks shall not exceed fifty-four (54) inches in height above adjoining ground, measured from the ground to the top of the surface of the newsracks, including the pedestal. The newsrack may not be more than two (2) feet deep and not more than thirty (30) inches wide. The pedestal shall be perpendicular to the box portion of the newsrack.

2. Arrangement/configuration: Modular news-racks may have up to two (2) horizontal rows and not more than six (6) compartments per row.

C. Accepted newsrack models.

1. Modular-style newsracks of the following types are suggested:

a. K-49 -16;

b. K – 100;

c. KJ50 – KJ55f;

d. M -30 –M - 33; or

e. A similar, equivalent style as may be approved by the director.

2. Individual newsracks must be of the same type allowed for modular installations or a similar, equivalent style as may be approved by the director.

D. Preferred newsrack color. Forest green is the preferred color of the modular style and single style newsracks. Any other color must be approved by the director. (Ord. 2004-14 (part), 2004)

A. No newsrack shall be installed, used or maintained in any location upon public property, within any right-of-way, or within public easements adjacent to streets within the district where such installation, use or maintenance endangers the safety of persons or property, or interferes with or obstructs the line of sight of pedestrians and drivers, or interferes with public utility, public transportation, or other government use, or unreasonably interferes with or impedes the flow of pedestrian, bicycle, or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of traffic signals, hydrants, mailboxes, or light standards and telephone poles.

B. A temporary single-unit shall not be chained, bolted or otherwise attached to any tree, shrub, or other plant nor attached to any property not owned by the newsrack owner without the consent of the property owner nor situated upon any landscaped area within the district, and provided further that the single-unit is of a design which conforms to the standards promulgated by the director.

C. The following standards for placement of newsracks shall apply:

1. It is unlawful to place or permit any newsrack to stand in any place so that any part of the newsrack obstructs the access widths and clearances for accessible routes established by the Department of Justice, Office of the Attorney General, 28 Code of Federal Regulations, Appendix A to part 36, in particular:

a. At least sixty (60) inches of clearance width on all public sidewalks; clearance may be reduced to thirty-six (36) inches, providing a passing space for wheel chairs is located a reasonable distance away, this distance not to exceed two hundred (200) feet.

b. At least sixty (60) inches of clearance width for landings from the edge of disabled access ramp.

2. It is unlawful to place or maintain any newsrack so that any part of the newsrack is closer than eighteen (18) inches from any portion of the right-of-way that is traveled by vehicles or bicycles or used for the parking of vehicles.

3. Newsracks shall only be placed near a curb or adjacent to the wall of a building. The back of newsracks placed near the curb shall be placed no less than (28) inches nor more than twenty-four (24) inches from the edge of the curb. The back of newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six (6) inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite another newsrack or similar vending device, unless a clear distance of no less than eighty-four (84) inches is provided between newsracks or devices.

4. No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public transportation purposes or other government use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including handicapped access, the ingress or egress of any residence or place of business, or other objects permitted at or near said location.

5. It is unlawful to place or maintain any newsrack so that any part of the newsrack is within sixty (60) inches of traffic signal, traffic controller, fire hydrant, fire call box, police call box, or other emergency facility.

6. It is unlawful to place or maintain any newsrack so that any part of the newsrack is within sixty (60) inches of red curbing or curbing marked for a bus stop zone.

7. It is unlawful to place or maintain any newsrack so that any part of the newsrack is withinsixty (60) inches along a parallel axis from any portion of the blue curbing of a disabled parking zone.

8. No newsrack shall be placed, installed, used or maintained:

a. Within fifteen (15) feet of any marked or unmarked crosswalk;

b. Within ten (10) feet of any driveway;

c. Unless the newsrack is less than thirty-six (36) inches in height in which case the setback shall be sixty (60) inches.

9. It is unlawful to attach any newsrack in the public right-of-way by any means whatsoever to any city planter, light pole, sign, traffic signal, meter pole, or other item.

10. No newsrack shall be placed, installed, used or maintained in such a manner as to impede or interfere with the reasonable use of any commercial window display.

11. Where modular newsrack systems have been installed in approved locations, placement of single newsracks within one hundred (100) feet of such modular newsracks is prohibited. Modular newsracks may be placed next to each other, providing that all public safety and public access requirements of this chapter are met and that a clearance of sixty (60) inches is provided between them.

12. Multi-unit configurations shall be permanently affixed to the ground in a manner approved by the director. Newsracks may not be affixed to the ground without first obtaining an encroachment permit from the engineering and building department of city.

(Ord. 2024-07 § 2 (part), 2024: Ord. 2004-14 (part), 2004)

A. No Abandonment. Newsracks shall not be abandoned.

B. Maintenance Required. Each newsrack within the district shall be maintained in a neat and clean condition and in good repair at all times. Newsracks that have been damaged shall be timely replaced or repaired. For example, without limitations, each newsrack shall be free of chipped, faded, peeling or cracked paint, dirt and grease, rust and corrosion, and shall have no broken structural parts or cracked plastic or glass parts. Failure to cause the repair, replacement and/or maintenance of newsracks may result in the abatement thereof pursuant to Section 12.61.160.

C. Cure. Any removal notice issued on the basis of abandonment shall be withdrawn on a showing that the newsrack is not abandoned but is empty or contains outdated issues as a result of a labor strike or a temporary or extraordinary interruption or disruption of publication by the newspaper sold or dispensed from that newsrack. Additionally, any removal notice issued on the basis of failure to maintain shall be withdrawn upon a showing that the maintenance issue has been cured to the satisfaction of the director or his or her designee. (Ord. 2004-14 (part), 2004)

A. Every responsible party maintaining a newsrack in the district under the terms of this chapter shall have his or her name, address and telephone number affixed to it in a place where such information will be readily visible, in letters that will fit in an area no less than two (2) inches in height and three (3) inches in width and not to exceed three (3) inches in height and five (5) inches in width.

B. Newsracks may contain identification graphics on the door side of the newsrack only. This display shall contain only the name of the publication in letters one and one-half (1½) inches in size or less placed upon a standard placard not to exceed eleven (11) inches in height and sixteen (16) inches in width. The placard shall promote only the publication dispensed from the newsrack compartment. Any empty compartments within a newsrack shall have a black, eleven (11) by sixteen (16) inch blinder card in the window portion of the compartment and shall contain no other graphics or advertising. (Ord. 2004-14 (part), 2004)

Section 313.1 of the California Penal Code shall govern the display, offer for sale, or selling of harmful matter as such is defined in California Penal Code section 313(a), to minors in vending machines, in a manner unattended by an adult at the time of sale, or located in an upon public places. (Ord. 2004-14 (part), 2004)

Prior to affixing any newsrack to the ground in the public right of way an encroachment permit must be obtained from city in accord with Visalia Municipal Code Chapter 12.12. The insurance requirement, however, shall be reduced to comply with the insurance required by Section 12.61.180 of this chapter. In exchange for its contribution to the beautification of downtown Visalia, PBID shall be exempt from encroachment permit fees for placement of multi-unit newsracks. (Ord. 2004-14 (part), 2004)

A. Removal sanctioned. The director may cause a newsrack or a modular newsrack installed or maintained in the district in violation of this chapter to be removed and impounded if it is impractical to remedy the violation otherwise. An impounded newsrack shall be retained by the city and may be recovered by the responsible party within thirty (30) days from the date of impoundment upon payment of the costs incurred by the city for maintenance, repairs, notification, seizure, removal, and storage.

B. Notification Prior to Removal. Before any newsrack or modular newsrack within the district is impounded, the person responsible for its installation and maintenance shall be notified and given five (5) calendar days to either remedy the violation, or request a hearing before the director to contest the impoundment pursuant to subsection (C) of this section. Notice shall be deemed given when in writing and mailed by First Class U.S. Mail to the address stated on the newsrack permit application or upon the newsrack, and an additional notice tag shall be affixed to the newsrack on the date of notice. The latter notice shall be sufficient when no identification is shown on the newsrack and no permit has been issued.

C. Hearing Upon Request. A person notified pursuant to subsection (B) of this section of the city's intent to remove a newsrack may request a hearing before the director by making a written request within five (5) calendar days of notification to the director.

D. When Notification Not Required. Not withstanding subsections (B) and (C) of this section, prior notice of seizure is not required where the newsrack or modular newsrack poses an immediate danger to pedestrians or vehicles, provided notice of the seizure and an opportunity to contest is given to the person responsible for the impounded newsrack within five (5) calendar days after the seizure.

E. Removal of abandoned newsracks. The director may cause the removal, impoundment, and disposal of an abandoned newsrack as defined in Section 12.61.040 if it is not claimed by the responsible party within thirty (30) calendar days of seizure.

F. Revocation of Permit. A permit for placement of a newsrack or a modular newsrack within the district may be revoked by the director for failure to adequately secure, identify, maintain, refurbish, paint, remove a newsrack or modular newsrack as required by this chapter if any provision of this chapter is violated. Notice of revocation and an opportunity to contest the determination shall be provided pursuant to subsections (B), (C) and (D) of this section. (Ord. 2004-14 (part), 2004)

The costs of installation, maintenance, replacement, removal, and relocation of newsracks shall be at the sole expense of the permitee or responsible party. Upon removal of any newsrack,the permitee or responsible party shall, at his or her sole expense, cause the public right-of-way to be repaired to a condition in conformity to the surrounding area. Upon failure of the permitee or responsible party to make such repairs, the work may be done by the city and charged to the permitee or responsible party. (Ord. 2004-14 (part), 2004)

A. Insurance. Any person installing or maintaining a newsrack in the right-of-way of the district shall furnish to the director a certificate of insurance showing that such person has then in force a policy or policies of public liability insurance and property damage insurance, naming the city and its officers and employees as additional insureds and in an amount not less than one-hundred thousand dollars ($100,000) minimum liability combined single limit (bodily injury and property damage) per person and per occurrence.

B. Indemnification. Every person operating or maintaining a newsrack upon or within the public property, right-of-way or public easements within the district, shall agree prior to the granting of a permit, to indemnify and hold harmless the city, its officers and employees, from any loss, liability, damage, or costs sustained by any person or property, arising from the installation, operation or use of such newsrack. (Ord. 2004-14 (part), 2004)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, unless reduced to an infraction in the discretion of the city attorney or his or her designee, and punishable in accord with Visalia Municipal Code Chapter 1.12. (Ord. 2004-14 (part), 2004)

The provisions of this chapter shall be deemed to be severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not impair any of the remaining provisions. (Ord. 2004-14 (part), 2004)