West Covina Municipal Code § 19-209 Authority of the city engineer to promulgate rules and regulations

The purpose of this article is to promote the public peace, health, and safety by regulating the placement, design, appearance and servicing of publication vending machines so as to protect against:

(1) The dangers of impairing the vision of motorists and pedestrians, particularly small children;

(2) The dangers of unreasonably impeding the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles;

(3) Neglectful serving of publication vending machines resulting in a visual blight on the city's parkways and sidewalks, and detracting from the aesthetics of store window displays, adjacent landscaping and other improvements;

(4) Unduly restricting access to the use of poles, posts, traffic signs or signals, hydrants, mail boxes, or locations used for public transportation purposes;

(5) Unduly restricting handicap access and movement;

(6) Unnecessary exposure of the city to personal injury or property damage suits.

(Ord. No. 1936, § 1, 4-19-94)

As used in this article, the following words shall have the meanings set forth here:

(a) Blinder rack means a device attached to a publication vending machine which shields from view the lower two-thirds (⅔) of any material contained in the publication vending machine.

(b) Custodian means a person who has the responsibility of placing, servicing, or maintaining a publication vending machine by depositing and/or removing material from the machine and/or by collecting moneys from the machine.

(c) Harmful matter or material harmful to minors means matter taken as a whole, the predominant appeal of which to the average person, applying contemporary statewide standards, is to the prurient interest, meaning a shameful or morbid interest in nudity, sex, or excretion, and is offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational, or scientific value for minors.

(d) Minor means any natural person under eighteen (18) years of age.

(e) Parkway means 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" also includes any area within a roadway which is not a sidewalk and is not open to vehicular traffic.

(f) Person means any individual, firm, partnership or other local entity.

(g) Public place means any place open to the public, but does not include a place from which minors are excluded.

(h) 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.

(i) Roadway means that portion of the street generally used for public vehicular traffic.

(j) Sidewalk means that portion of the street provided for the exclusive use of pedestrians.

(k) Street means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks.

(Ord. No. 1936, § 1, 4-19-94)

(a) 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.

(b) No custodian shall install, use, or maintain any publication vending machine on public sidewalks or parkways or in a public place in the city without complying with the standards set forth in this chapter.

(Ord. No. 1936, § 1, 4-19-94)

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

(1) No machine shall have glass part(s);

(2) Each machine shall be constructed of sturdy, corrosive-resistant materials;

(3) Each machine shall be securely affixed to the sidewalk or parkway in a manner approved by the city engineer. As an alternative, a mount may be used for no more than three (3) machines affixed in a manner approved by the city engineer;

(4) The machines shall be mounted so that the area from the ground surface to sixteen and one-half (16½) inches above the ground surface remains open to a significantly unobstructed view.

(5) The height of the top of each machine, above the surface under the machine, shall not exceed fifty-two (52) inches, unless such machines are to be placed adjacent to a wall or building. The dimensions of the case shall not exceed twenty-eight (28) inches in width and eighteen (18) inches in depth;

(6) Such other requirements consistent with the foregoing standards which the city engineer may reasonably determine are necessary to protect public safety.

(Ord. No. 1936, § 1, 4-19-94)

Any publication vending machine located on public sidewalks or parkways or public places which contains material harmful to minors shall have a blinder rack attached in such a manner as to shield from view the lower two-thirds (⅔) of the material contained in the machine.

(Ord. No. 1936, § 1, 4-19-94)

Any publication vending machine which rests in whole or in part upon, in, or over any public sidewalk or parkway shall comply with the standards set out in this article.

(Ord. No. 1936, § 1, 4-19-94)

(a) No publication vending machines shall be installed, used or maintained:

(1) Within four (4) feet of any marked crosswalk;

(2) Within fifteen (15) feet of curb returns and driveway approaches;

(3) Within four (4) feet of any fire hydrant, fire call box or other emergency facility;

(4) Within four (4) feet ahead and twenty-five (25) feet to the rear of any sign marking designated bus stop;

(5) Within four (4) feet of any bus bench;

(6) Within four (4) feet of any transit shelter;

(7) In any location used, marked, or posted for public utility purposes, public transportation purposes, or government use;

(8) Within four (4) feet of poles, posts, traffic signs or signals, mailboxes, trees, mechanical sidewalk cleaning machinery, or other objects legally permitted;

(9) Where placement interferes with the reasonable use or utility for display purposes of any display window of any building abutting the sidewalk or parkway, but in no event within four (4) feet of such window;

(10) Within four (4) feet of any designated loading zones;

(11) Where placement interferes with or impedes the flow of vehicular or pedestrian traffic, but in no event at any location where the clear space for the passageway of pedestrians or handicap access is reduced thereby to less than four (4) feet; or

(12) Where placement obstructs, interferes with, or impedes access to or the use of abutting property, including but not limited to, residences, places of business, or legally parked or stopped vehicles.

(b) Notwithstanding any other paragraph of this section, no person shall install, use, or maintain any publication vending machine where placement endangers the health or safety of persons or property.

(Ord. No. 1936, § 1, 4-19-94)

(a) Publication vending machines shall only be parallel to the curb and shall be situated not less than eighteen (18) inches nor more than twenty-four (24) inches from the face of the curb or 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.

(b) Machines exceeding fifty-two (52) inches in height may only be placed adjacent to a wall or building.

(c) No such machine shall be placed or maintained on the sidewalk or parkway opposite another publication vending machine or group of such machines, nor in such a manner that prevents pedestrians from passing freely and without obstruction along any sidewalk or through any marked or unmarked crosswalk.

(Ord. No. 1936, § 1, 4-19-94)

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

(Ord. No. 1936, § 1, 4-19-94)

Publication vending machines may be bolted or welded to one another, provided no more than three (3) such machines may be joined together in this manner and an area of no less than four (4) feet of clear space shall separate each group of three (3) or less such machines so attached from any other publication vending machine or group of machines.

(Ord. No. 1936, § 1, 4-19-94)

Any publication vending machine which rests in whole or in part upon, in, or over any public sidewalk or parkway shall comply with the following maintenance standards:

(1) Each machine shall be maintained in a clean and neat condition, and in good repair, at all times. Any graffiti shall be removed weekly. The machines and mounting shall be totally repainted at least once every two (2) years or up to once every five (5) years depending upon the quality of the paint as determined by the city engineer.

(2) No machine shall be abandoned. A machine shall be deemed to be abandoned when no new publication has been placed in such machine for a period of sixty (60) consecutive days.

(3) Any person removing or causing the removal of a machine shall be responsible for the prompt repair of any resulting damage, including the filling in of any holes left in the sidewalk or parkway, such work to be done to the satisfaction of the city engineer, at no cost to the city.

(Ord. No. 1936, § 1, 4-19-94)

Every person or custodian who places or maintains a publication vending machine which in whole or in part rests upon, in, or over any public sidewalk or parking within the city shall have his/her or its name, address and telephone number affixed thereto in a place where such information may be easily seen by anyone using the machine, and shall comply fully with the provisions of section 17570 of the Business and Professions Code of the State of California as it existed on the effective date of this section or as it may be hereafter amended.

(Ord. No. 1936, § 1, 4-19-94)

Any publication vending machine in violation of this article may be determined to be a public nuisance as defined in chapter 15 subject to administrative procedures maintained therein.

(Ord. No. 1936, § 1, 4-19-94)

No person or custodian, whether as a principal or agent, clerk or employee, either for himself/herself or any other person, or as an officer of any corporation or otherwise, shall place or permit the placement of any publication vending machine in any location within the city unless either the publisher or the distributor of the publication or the person placing the machine upon the sidewalk or parkway has a valid business permit issued pursuant to chapter 14 of the city code or otherwise is exempted from such requirement.

(Ord. No. 1936, § 1, 4-19-94)

The city engineer may promulgate rules and regulations, not inconsistent with the provisions of this article, which he/she deems necessary to properly exercise his/her jurisdiction. All such rules and regulations shall be kept in the office of said city engineer, and a copy thereof shall be furnished to any applicant upon request.

(Ord. No. 1936, § 1, 4-19-94)

The city engineer may authorize any person or department in the employ of the city to assist or take over any of the duties or responsibilities assigned to the city engineer by this article.

(Ord. No. 1936, § 1, 4-19-94)

Publication vending machines in existence prior to the effective date of this article shall comply with the requirements set forth herein within twelve (12) months of said date, except that blinder racks as required under section 19-199 shall be installed within one (1) month of said date. The city engineer shall establish rules and regulations to accomplish amortization. Said rules and regulations shall be adopted by city council resolution.

(Ord. No. 1936, § 1, 4-19-94)