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ORDINANCE NO. 1131 (CCS)
(City Council Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 2A OF ARTICLE VI OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO NEWSRACKS.
The Council of the City of Santa Monica does hereby ordain as
as follows:
SECTION 1. Chapter 2A of Article VI of the Santa Monica Municipal
Code relating to newsracks is amended to read as follows:
SECTION 6250. Purpose and criteria for regulations.
The purpose of this ordinance is to promote the public
health, safety and welfare through the regulation of placement,
appearance, servicing, and insuring of newsracks on public
rights-of-way so as to:
(a) Provide for pedestrian and driving safety and
convenience;
(b) Restrict the unreasonable interference with the
flow of pedestrian or vehicular trafflc 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;
(c) Provide reasonable access for the use and main-
tenance of poles, posts~ traffic signs or signals, hydrants~
mailboxes, and access to locations used for public transportation
purposes;
Cd) Ellminate newsracks which may result in a visual
blight on the public rights-af-way, or which may unreasonably
detract from the aesthetics of store window displays, adjacent
landscaping and other improvements;
(e) Maintain and protect the values of surrounding
properties;
(f) Reduce unnecessary exposure of the City to personal
injury or property damage claims; and
(g) Provide for and maintain the freedom of speech for
newspapers or news periodicals using newsracks for distribution.
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SECTION 6251. Definitions.
(a) "Newsracks" shall mean any type of unmanned device
placed upon any public right-of-way for the vending of, or free
distribution of newspapers or news periodicals.
(b) I1Publ it right-of-way" shall mean any public street,
highway, sidewalk, parkway, or alley.
SECTION 6252. Requirements and Duties.
(a) Provisions supplemental to business license regulations.
The provisions of this chapter are intended to augment and be in
addition to the provisions providing for a business license tax.
Whenever the provisions of this chapter impose a greater restriction
upon persons, premises, or practices than is imposed by the general
business license regulations, the provisions of this chapter shall
control.
(b) Special requirements for newsracks in Zone A. as shown
on the attached map. Subject to the prohibitions set forth in sub-
section (C) (3) of thls chapter, news racks shall be placed
adiacent and parallel to the wall of a buildinQ and not more than six
(6") inches from the wall, unless the Director of General Services
determines that placement near a building is not suitable, in which
case said Director may authorize placement near a curb. Newsracks
placed near the curb must be placed parallel to and no less than eighteen
(18") inches nor more than twenty-four (2411) from the edge of the curb.
Newsracks in this Zone must conform to the following regulations:
(1) Frames and racks for newsracks shall be K-Jack
Style-Mounts Model 100 or equal.
(2) Newsracks shall have woodgrain panels on all sides
and the mount shall be painted gloss black.
(3) Mounts shall be bolted in place in accordance with
specifications provided by the General Services Department and only at
locations designated by such department.
(4) Newsracks shall carry no advertising except the name
of the newspaper or periodical being dispensed on the bottom one-third
(1/3) of the plastic hood.
(5) No person shall place, affix, erect, construct or
maintain a newsrack upon any public right-of-way without first obtaining
a permit in accordance with the provisions af this chapter.
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(e). General requirements for all newsracks 1n the C1ty:
(1) Newsracks shall be kept clean and maintained in good
working order at all timest freshly painted and with unbroken hoods.
(2) The name, address and telephone number of a responsible
person who may be contacted at any time concerning the newsrack shall
be displayed on the hood of the news rack in such manner as to be
readily visible and readable to a prospective customer thereof.
(3) Prohibitions.
Unless specifically approved by the Director of General
Services, no newsrack shall be placed~ installed~ used or maintained:
Within five (5') feet of any marked crosswalk.
Within fifteen (15') feet of the curb return of
any unmarked crosswalk.
Within five (51) feet of any fire hydrant, fire call
box, police call box or other emergency facility.
Within five (5') feet of any driveway.
Within five (51) feet ahead of, and fifteen (151) feet
to the rear of any sign marking a designated bus stop.
Within five (5') feet of any bus bench.
At any location whereby the clear space for the
passageway of pedestrians is reduced to less than six (61) feet.
On or within three (31) feet of any display window or
any building abutting the sidewalk or parkway or in such a manner as
to impede or interfere with the reasonable use of such window display
purpose.
Within one hundred fifty (150') feet of another newsrack
containing the same newspaper or news periodical except where
separated by a street or corner, or except where a newspaper demonstrates
that there is insufficient room in one machine for the newspapers Wh1Ch
may be sold in one day.
Facing another newsrack, divlded only by the width of
a sidewalk or pedestrian walk.
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SECTION 6255. Removal of Newsracks.
(a) Nonconforming newsracks. Commencing nlnety
(90) days after this ordinance becomes effective, any newsrack
in violation of any provision of this ordinance will be deemed
"nonconforming". The City Il1ay attach a Notice to Correct to
a "nonconforming" newsrack, that shall recite the nature of the
violatLon. In additLon to such notice, and contemporaneously
therew~th, the Director of General Services shall ~ake all reasonable
efforts to notify the owner of the nonconforrn~ng newsrack of the V10-
latlon, and lnform him or her of hlS rights under th~s chapter. WlthiJ
f1ve werklng days after the notice is attached, the owner
may cure the v1olation, file a wr1tten protest, or request an
oral hearlng with the Director of General SerVlces.
If the vLolation is not corrected and/or the Director
of General Services upholds the decis~on to seize within the
five-day lim1tation, the City nay lmpound the newsrack and
shall flake all reasonable efforts to notlfy the perm1ttee
or hlS authorized agent of the lmpoundment.
Upon fallure of the permittee to claim an impounded
news rack and pay the expenses of such removal and storage
wlthln thirty (30) days after removal, the newsrack shall be
deemed unclaimed property and may be disposed of by the C~ty
pursuant to appllcable provisions of this Code.
(b) Abandonment. If any newsrack installed pursuant
to this Chapter does not conta.ln the publication specified in
the application therefor withln a period of forty-ei~ht
hours after release of the current issue, or 1f no publicatlon
1S in the newsrack for a period o~ more than seven consecut1ve
days, the newsrack may be oonsidered abanqoned and nonconf0rming.
The Director of General SerVlces ~hal1 notify the owner and
take act10n to remove the newsrack from the public rlght-of-way
in accordance with the procedure set out 1n Subsection (a) above.
In the event a permittee of a newsrack deslres to
VOluntarily abandon a news rack locatlon, said permlttee shall
completely remove the newsrack and mount, and restore the public
rlght-of-way to a safe condition, leaving no holes or projections
In the payment.
(c) Hearing. The owner (permlttee) may, with1n
thirty days of the impoundment, request in writing a hearing
before the License Review Board for the purpose of demonstrating
that the newsrack was not rightfully impounded and should be
returned to the permlttee.
SECTION 6256. Applicat10n and lssuance of rermlts.
(a) Applications. The applicant shall f~le w~th the
Director of General Services a wrltten application for a
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permit which shall contaln the following informatlon:
(1) The na~e, address and telephone number
of the applicant.
(2) The name, address and telephone number of
a responsible person whom the Clty may notlfy or contact at
any tlme concerning the appllcant's newsrack.
(3) The number of newsracks and the exact
proposed location of each.
(4) Names of newspapers or period~cals to be
contalned in each newsrack.
(5) Type or brand of newsrack, includ~ng
description of the newsrack and mount, if other than K-Jack
Style Mount Model 100.
(b) Issuance of permits. Upon a flnding by the
Director of General Serv~ces that the appl~cant is in compliance
with the provisions of this Chapter, he shall ~ssue a perm~t
in accordance wlth appl~catlon and the prov~sions of this
Chapter.
(c) Den1al of permit. If a permit shall be denied,
the applicant shall be immediately notif1ed of the specific
cause of such denial by the D1rector of General Servlces.
SECTION 6257. Insurance.
Prior to the issuance of a permit by the Director of
General Serv~ces, the applicant shall furnish to the Director
of General Serv~ces a certificate that the applicant has then
in force public llab1llty and property damage lnsurance, naming
the City as an addit10nal insured, in an amount not less than
Three Hundred Thousand and no/lOOths ($300,OOO.OO) Dollars
minimum llability combined single llmlt (bodily ~nJury and
property damage) per person and per occurrence. The evidence
of lnsurance filed w~th the Director of General Services shall
include a statement by the insurance carrier that thirty
(30) days notice will be given to the City before any cancellation
of coverage.
SECTION 6258. Fees.
There shall be an annual permlt fee established by
the Director of General Services, 1n an amount sufficlent to
recover the actual costs of the printing of identification
decals for each newsrack. Newspapers shall equally share
in the cost of the frames WhlCh support the ~achlnes and their
installation.
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SECTION 6259. suspension and revocation: Appeals.
(a) General. The provisions of Section 6126
of Article 1 of Chapter 1 of this title relating to revocation
and sllspens10n shall be applicable.
(b) Appeals. Any applicant who has been denied a permit
wursuant to the 'provisions of this section may file an appeal w1th
~ the -'j;ic'ense 'Revl.ew . Bozrd in acCrirdan.tre7;:,w.IT-tk tIre: lftovisions of 'Art icle
m~.nhapter 1 of thlS Code.
SECTION 6260. Sever~bility.
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If-anY pr6v~sion of this Chapter as herein enacted or
hereafter ~mended, "Q{ ~he application thereoI to any person or
circumstances, is held invalid, such invalidity shall not affect
the other p~yis~on? or applications of this Chapter (or any
section or portion of section hereof) whioh can be given effect
without the 1nvalid prov~sion or appliqation, and to this
}i~.nd the prpvis.ions of this Chapter are,; and are intended to be
<" severabl~ .L ' . . . !
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SECTION 2. The City Clerk shall cause this ordinance to be
pu61ts~edin'a neW$paperof g~neral circulation printed and
published in the county and c1rculated in the City within
f1fteen (15) days after 1tS passage, in accordance with Sect10n
36933 of the Government Code; shall certify to the adoption and
pub11shing of this ordlnance; and shall cause this ordi~ance
and said certification together w2th proof of publishing to be
entered in the Book of Ordinances of this City.
SECTION 3. This ordinance shall go into effect and be in
fUll force and effect at 12:01 A.M. on the thirty-first (31st)
day after its passage.
APPROVED AS TO FORM:
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RICHARD L ~ KNICKERBOCKER
Ci ty Attorney
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ADOPTED AND APPROVED THIS
28th
DAY
OF
August
J 1979.
&U:V(~ ~~<b~k
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCEJ
No. 1131,,, WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 14th DAY OF_ August __J 1979; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 28th DAY Of. August
BY THE FOLLOWING COUNCIL VOTE:
, 1979
AYES:
COUNCILMEMBERS: BambrIck, JennIngs, Yannatta Goldway,
van den Steenhoven
NOES:
COUNCILMEMBERS: ~one
ABSENT:
COUNCILMEMBERS: Reed, Scott, SWInk
iHTEST :
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