Chapter 11.24

NEWS RACKS

Editor's Note: Prior legislative history includes prior code §§ 3700 – 3717, as amended by Ordinances 224 and 272. The earlier legislation was superseded by Ord. 04-694, but not specifically repealed.

• a. The city is characterized by dense development, linear commercial areas, narrow sidewalks and a high volume of pedestrian and vehicular traffic. By way of example, the traffic flow on Santa Monica Boulevard is approximately 50,000 vehicle trips per day, operating at service levels E and F at peak hours; traffic flow on Sunset Boulevard is approximately 60,000 vehicle trips per day, and on Melrose Avenue it is about 30,000 vehicles trips per day. The city is also characterized with a relatively steady stream of pedestrians. By way of example at the intersection of La Cienega and Santa Monica Boulevards there are approximately 205 pedestrians on average per hour. At the intersection of Fountain and La Brea Avenues there are approximately 177 pedestrians per hour on average. A complete listing of pedestrian counts can be found in the Bicycle and Pedestrian Mobility Plan approved by the city in 2003. Most of the city's streets are at ultimate build-out, meaning that neither street nor sidewalk can be widened. Many of the commercial and residential buildings in the city are constructed directly adjacent to the sidewalk, limiting the area available for safe pedestrian passage. The city's 1.9 miles of hotels, nightclubs, design showrooms, and entertainment venues hosts millions of visitors a year, many of whom must walk from their parking spaces to access the various businesses.

• b. Substantial growth in the number of newspapers and other publications utilizing news racks in the city has produced a significant proliferation in the number of news racks installed in the public rights-of-way, many of which are not in compliance with city standards, are poorly maintained, of inconsistent appearance, abandoned and detrimental to the overall appearance of the city streetscape. These news racks compete for space on the city's narrow sidewalks with parking meters, utility poles, above-ground utility structures and bicycle facilities, all of which add to pedestrian congestion.

• c. The city has a substantial interest in promoting the health, safety, welfare and convenience of its residents and visitors, and to assure compliance with the Americans with Disabilities Act by ensuring that public streets, sidewalks and rights-of-way are not unreasonably obstructed by news racks, and that news racks are properly maintained and promote the aesthetic goals of the city. The city's General Plan, Objective 5.6, calls for maximizing and improving the operating efficiency and safety of the existing circulation system.

• d. The placement of large numbers of individual news racks in scattered locations on public rights-of-way presents an inconvenience and a danger to the safety and welfare of persons using the rights-of-way (including pedestrians, children, the aged, persons entering and leaving vehicles and buildings, drivers, persons performing essential utility, traffic control and emergency services, and persons with disabilities), contributes to visual clutter and places a strain on the city's limited code enforcement resources.

nvenience and a danger to the safety and welfare of persons using the rights-of-way (including pedestrians, children, the aged, persons entering and leaving vehicles and buildings, drivers, persons performing essential utility, traffic control and emergency services, and persons with disabilities), contributes to visual clutter and places a strain on the city's limited code enforcement resources.

• e. After inquiry and study by the city's Public Facilities, Recreation, and Infrastructure Commission, the City Council determines that the most effective way to reduce the hazards

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City of West Hollywood, CA § 11.24.010

WEST HOLLYWOOD CODE

§ 11.24.020

and visual blight of news racks while assuring distribution of a variety of printed material in the public rights-of-way is to employ a more systematic approach to the distribution of written matter on public rights-of-way by prohibiting the use of individual news racks outside of news rack corral systems where they are available, allowing news racks to be installed in corrals, and providing an equitable method of allocating space in those corrals to interested publications.

• f. In view of the relatively small size, dense development and crowded pedestrian areas of the city, the City Council seeks to provide for the proper and efficient maintenance and intended use of public rights-of-way while also leaving open adequate means of distribution of newspapers and other publications in public places. Nothing in this chapter affects the placement of news racks on private property, or the sale or distribution of newspapers and other publications by other means.

• g. The regulations provided in this chapter will improve the aesthetics of the city, promote the health, safety, and welfare of citizens and visitors of the city, improve the flow of pedestrian traffic, and support the continuing revitalization and redevelopment of commercial areas within the city. The regulations provided in this chapter will encourage the distribution of written material in a manner that will promote safety while not discouraging free speech.

• h. This chapter is narrowly tailored to further the city's substantial governmental interests in aesthetics and public safety.

• i. The city's streets and sidewalks have immemorially been held in trust for the entire public. Consistent with the First Amendment to the United States Constitution, the city has the authority to regulate news racks to further its significant interests in aesthetics and public safety. The city recognizes the historic use of the public streets and sidewalks to circulate written matter and intends that this chapter be interpreted and applied in a manner consistent with the constitutional rights of publishers and residents. Accordingly, the city finds that these competing interests require a reasonable accommodation that can be achieved through the following time, place, and manner of regulation of the distribution of newspapers and other publications in news racks located on the public rights-of-way.

• (Ord. 04-694 § 1, 2004; Ord. 23-09 § 36, 2023)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:

"Abandoned" shall mean any individual news rack unit either within or outside a corral system that does not contain the publication specified therefor for more than eight consecutive days for a daily publication, sixteen consecutive days for a weekly publication, thirty-two consecutive days for a biweekly publication, thirty-two days for a monthly publication, and sixty-four days for a bimonthly publication. Any news rack unit identified as abandoned shall be posted as such for a seven-day period. If the abandonment has not been remedied, the publishing entity shall lose its place in the corral system, as provided herein.

"Blinder rack" means an opaque device, which serves to obscure the lower two thirds of any material displaying harmful matter.

"Corral news rack system" shall mean a grouping of individual news rack units within a

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City of West Hollywood, CA

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.24.020

§ 11.24.040

multi-publication distribution system that are fully contained within a city-approved three-sided structure supported by legs that are bolted directly to the paved surface, installed or used for the display, sale or distribution of newspapers, other periodicals or advertising circulars. Each news rack unit must house only one publication and have a door that is sized to fit and display such individual publication. The number of news rack units in a corral news rack system shall be established by the city.

"Individual news rack unit" shall mean any unstaffed, self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale, or distribution of newspapers, other periodicals or advertising circulars.

"Public right-of-way" shall mean any sidewalk, pedestrian street or path, bike path, parkway, public street or highway located within the city.

"Publishing entity" shall mean the person or any other legal entity distributing publications in an individual news rack unit in a corral news rack system in a public right-of-way. The terms "publishing entity" or "publisher" may be used interchangeably throughout this chapter.

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

"Sidewalk" or "pedestrian path" shall mean any service area that is designed and ordinarily used for pedestrian travel.

(Ord. 04-694 § 1, 2004)

The provisions of this chapter are in addition to the provisions of Title 5 of this code pertaining to business licensing.

(Ord. 04-694 § 1, 2004)

The city may install corral systems at locations determined by the city and described in a map to be maintained by the city.

Individual publishers that are assigned spaces within the corral news rack system pursuant to the provisions of this chapter shall provide the news rack units to be placed solely within the corral system, be mounted to the pavement, be of the type and in the positions as designated by the Director of Transportation and Public Works. Corral news rack systems and the news rack units within the corral news rack systems shall be the exclusive unattended means by which newspapers, other periodicals and advertising circulars may be distributed in the public rightsof-way. Individual news racks outside of corral news rack systems are prohibited.

News racks legally existing and permitted prior to the adoption date of the ordinance codified in this chapter and not moved or changed since adoption of said ordinance, may remain in place until such time that a corral news rack system is installed within a one-block area of the legally existing news rack. Existing individual news racks that remain in place shall renew their existing news rack permit annually and maintain the policy of insurance existing on December 20, 2004 until they are assigned a location in the corral news rack system.

The city may install corral news rack systems and require the removal of existing individual

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City of West Hollywood, CA § 11.24.040

WEST HOLLYWOOD CODE

§ 11.24.050

news racks in phases. Individual news racks existing on the effective date of this chapter may remain in place until the owners thereof are notified by the city that the news rack must be removed and placed within the corral news rack system within fifteen days after having been notified by the city.

Publishers may apply to the city to add a new location for installation of a corral news rack system. Applications will be considered by the Public Facilities, Recreation, and Infrastructure Commission and the City Council. Criteria for the application that could be considered include:

• Public Safety

• Hazards

• Sidewalk width and existing uses

• Pedestrian safety

• Visibility issues related to pedestrians and motorist

• Handicap accessibility and mobility

• Aesthetics

• Demand

• Distance to other corral news rack systems

• Number of existing news racks or corral news rack systems

The back and sides of corral news rack system shall contain no exterior advertising, graphics or lettering or any kind except location and geographic identification or other branding for the City of West Hollywood.

(Ord. 04-694 § 1, 2004; Ord. 23-09 § 37, 2023)

• a. Placement Within a Corral News Rack System. Publishers that wish to distribute their publications in a corral news rack system shall file an application to do so on a form prepared by the city, which shall identify the desired location and number of news rack units. The application shall be submitted to the Director of Transportation and Public Works.

In the event there is inadequate space for all of the publications applying for a particular location, then spaces within the corral news rack system will be assigned based upon the following priority system.

• First priority shall be given to publications that do not have an assignment in the corral news rack system location and/or have had an existing legally permitted news racks located within one block or three hundred feet of the corral news rack system prior to installation of the corral news rack system.

• Second priority shall be given to publishers of daily publications (distributed at least five days per week).

• Third priority shall be given to publishers of newspapers, other periodicals or advertising circulars distributed on a weekly basis (one day per week).

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City of West Hollywood, CA

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.24.050

§ 11.24.060

• Fourth priority shall be given to all other publishers.

The Director of Transportation and Public Works, or his or her designee, shall assign the remaining spaces within a particular priority group for which there are insufficient spaces by placing the names of remaining applicants into a container from which the names shall be drawn, one at a time until the spaces have been filled. Such drawing shall be open to the public at a time and date designated by the Director of Transportation and Public Works.

No publisher assigned a space within a corral news rack system may be assigned a second space in the same corral news rack system unless no other eligible publisher has applied for the space. In no event shall the content of the publication be considered in making priority determinations; however, nothing herein shall prevent the city from utilizing blinder racks for adult-oriented publications. Notwithstanding the foregoing, a publisher will be assigned space for at least one news rack unit.

The application shall be accompanied by a fee prescribed by resolution of the City Council.

• b. Position within a Corral News Rack. The Director of Transportation and Public Works, or his or her designee, shall assign the position within the modular news rack at a particular location by placing the names of newspapers approved for that location into a container from which the names shall be drawn, one at a time until the spaces have been filled. Such drawing shall be open to the public at a time and date designated by the Director of Transportation and Public Works.

Works, or his or her designee, shall assign the position within the modular news rack at a particular location by placing the names of newspapers approved for that location into a container from which the names shall be drawn, one at a time until the spaces have been filled. Such drawing shall be open to the public at a time and date designated by the Director of Transportation and Public Works.

• c. Rental Fee for Location within a Corral News Rack. Publishers that distribute their newspapers, other periodicals or advertising circulars in a corral news rack system shall pay to the city periodic rental fees for each pocket used, at such times, in such manner and in such amounts as are determined by resolution of the City Council. In no event shall the fee exceed the costs incurred in erecting, maintaining and operating the corral news racks and administering the provisions of this chapter.

Rental fee payments made pursuant to this section are nonrefundable.

• d. Notification of Repairs. The city is responsible for maintaining the pedestals and corrals in good condition. The publishers distributing their newspapers, other periodicals or advertising circulars in a corral news rack system are responsible for maintaining their news rack units in good condition. If the city has to notify the publisher that their units are in need of repair, the publisher shall have thirty calendar days to complete the necessary repairs or the city will remove said unit.

• e. Notification of Abandonment. Publishers no longer desiring to use an assigned pocket in the corral news rack system shall notify the city, and remove their news rack unit. A publisher that abandons or chooses to move out of a particular corral news rack location shall be prohibited from distributing its publication in the same corral news rack or a news rack unit located within one thousand feet of such corral news rack for a period of six months.

If the publisher abandons or chooses to move out of a particular corral news rack and has a second existing news rack unit located within one thousand feet of the corral news rack, the publisher will be asked to move the second news rack unit into a news rack corral or remove the second news rack unit entirely. (Ord. 04-694 § 1, 2004)

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City of West Hollywood, CA § 11.24.060

WEST HOLLYWOOD CODE

§ 11.24.090

Publications in the corral news rack system shall not be displayed or exhibited in a manner which exposes to public view any of the following:

• a. 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;

• b. Any picture or illustration of genitals, pubic hair, perineums, anuses or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront; and

• c. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.

"Explicit sexual act" as used in this section, means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed above 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 genitals, pubic region, pubic hair, perineum, anus or anal region.

(Ord. 04-694 § 1, 2004)

Any publisher aggrieved by a determination made under this chapter may appeal such determination to the City Council by filing an appeal in writing with the City Clerk. Upon receipt of an appeal, the matter shall be scheduled for a regular City Council meeting for consideration by the City Council. Judicial review of a decision of the City Council may be sought pursuant to the expedited procedure contained in California Code of Civil Procedure Section 1094.8. (Ord. 04-694 § 1, 2004)

All individual news racks on the public right-of-way in the city shall be removed within fifteen days of notice from the city. The city may remove any news rack not so removed by the owner thereof at the owner's expense. After fifteen days' notice, the city may also remove at the owner's expense any news rack installed after the effective date of this chapter. Upon removal, the city shall store the news rack at the publisher's expense for a period of thirty days, and if the news rack is not claimed during that time period and the appropriate removal, administrative and storage fees paid, the city may dispose of the news rack at public auction, with the proceeds applied first to removal, administrative and storage charges, and the remainder, if any, then paid into the General Fund of the city. However, the city may dispose of the news rack in any manner it sees fit, including negotiating the release of the news rack to the publisher if the city is of the opinion that such disposal will be more advantageous to the city than auctioning off the news rack.

(Ord. 04-694 § 2, 2004)

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City of West Hollywood, CA

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.24.090

§ 11.24.090

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the administrative penalty provisions of subsection (e) of Section 1.08.010 of this code. (Ord. 07-758 § 2, 2007)

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City of West Hollywood, CA § 11.28.010

STREETS, SIDEWALKS, PUBLIC PLACES AND

§ 11.28.040