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O2273f:\atty\muni\laws\barry\Newsrack Ordinance Amendments(2)Ord1014082d City Council Meeting: October 14, 2008 Santa Monica, California ORDINANCE NUMBER zz~3 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 6.28 RELATING TO PUBLICATION VENDING MACHINES (NEWSRACKS) WHEREAS, Santa Monica Municipal Code Chapter 6.28 ("Publication Vending Machines Ordinance") and Public Works Department Newsrack Guidelines establish standards for the permitting, installation, and maintenance of newsracks;. and WHEREAS, the Publication Vending Machines Ordinance and the administrative guidelines are applicable to all newsracks in the City; and WHEREAS, the purpose of these requirements is to promote the public health, safety and welfare through the regulation of public vending machines (newsracks) in the"' public right-of-way ih order to provide for pedestrian and driving safety, to restrict unreasonable interference with pedestrian and vehicular traffic flow, to eliminate newsracks that may result in visual blight and visual clutter, to maintain property values, and to reduce City exposure to claims based on personal injury or property damage; and WHEREAS, the public distribution of newspapers through newsracks is entitled to First Amendment protection; and WHEREAS, the City's Publication Vending Machine Ordinance does hot infringe on this constitutional right since the ordinance authorizes newspapers to be sold from hundreds of locations throughout the City, allows newsrack strings to be easily seen 1 and identified through their distinctive shape thereby being readily distinguishable from other types of street furniture, and allows the individual paper's masthead, headline, and lead stories and photos to be seen from the newsrack so that a prospective purchaser can easily select the desired publication; and WHEREAS, the City is authorized to impose reasonable time, place and manner regulations on the use of newsracks to protect legitimate state .interests including aesthetics and safety; and WHEREAS, the City advances these interests by regulating newsracks' size, type, number, construction, and location, and by establishing maintenance requirements; and WHEREAS, requiring a standard style newsrack with standard panel face ensures that the newsrack string is a visually coherent, unobtrusive structure and is not a visual distraction resulting in possible accidents or traffic slowdowns; and WHEREAS, the City has an extensive and wide-ranging program of regulating aesthetics of its public streetscape and private development; and WHEREAS, the proposed amendments to the Publication Vending Machine Ordinance will further improve aesthetics and safety by making the newsrack regulations uniform throughout the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 2 SECTION 1. Santa Monica Municipal Code Section 6.28.030 is hereby amended to read as follows: 6.28.030 Requirements and duties. (a) General Newsrack Requirements. The following requirements and duties shall apply to all newsracks in the City on the public right-of-way: (1) Newsracks shall be kept clean, and maintained in good working order at all times, 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 newsrack in such manner as to be readily visible and readable to a prospective customer thereof (3) Frames and racks for newsracks shall be K-Jack Model 100 (KJ M-100) or a dimensionally equivalent model with the same style hood, paneling, and pedestal. (4) The entire newsrack shall be primarily constructed of metal and the color of the frame must be olive drab, otherwise known as K-Jack Brown. The newsrack shall have painted olive drab panels on all four sides of the display casing. (5) Newsracks shall be supported by a single .pedestal base, arid be permanently mounted. The pedestal base shall be all painted gloss black, and shall be bolted in place in accordance with specifications provided by .the Public Works Department and only at locations designated by such department. (6) Newsracks shall not carry advertising except the name of the newspaper or periodical being dispensed on the bottom one third of the plastic hood. 3 (7) 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 of this Chapter. (b) 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. SECTION 2. Santa Monica Municipal Code Section 6.28.040 is hereby amended to read as follows: 6.28.040 Standards for maintenance and installation. Any publication vending machine which in whole or in part rests upon,. in or over any public sidewalk or parkway, shall comply with the following standards: (a) Publication vending machines shall only be placed near a curb or adjacent to a .wall or a building. Such machines placed near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb. Those machines placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No such machine shall be placed or maintained on the sidewalk or parkway opposite another publication vending machine or group of such machines. (b) No publication vending machine shall be chained, bolted or otherwise attached to property not owned by the owner of said machine or to any permanently 4 fixed object, unless the custodian of said machine shall have first obtained the writteh permission of the owner of the object to which the machine is affixed. (c) Publication vending machines may be placed next to each other, provided that no group of said machines shall extend more than eight feet along a curb or wall and a space of no less than three feet shall separate each such group of machines. (d) No publication vending machine shall be placed, installed, used or maintained: (1) Within five feet of any marked crosswalk; (2) Within fifteen feet of the curb return, of any unmarked crosswalk; (3) Within five feet of any fire hydrant, fire call box, police call box or any other emergency facility; (4) Within five feet of any driveway; (5) Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop; (6) Within five feet of any bus bench; (7) At any location whereby the clear space -for the passageway of pedestrians is reduced to less than six feet; (8) Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window or any building abutting the .sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes; (g) Within one hundred fifty feet of another newsrack containing the same newspaper or news periodical except where separated by a street or corner, or except 5 where a newspaper demonstrates that there is insufficient room in one machine for the newspapers which may be sold 'in one day. (10) Facing another newsrack, divided only by the width of a sidewalk or pedestrian walk. (11) In a manner inconsistent with the Newsrack Guidelines adopted by the Public Works Department pursuant to Section 6.28.120. (e) No such machine shall be used for advertising signs or publicity purposes other than dealing with the display sale, or purchase of the publications sold therein. (f) Each such machine shall be maintained in a clean, neat and attractive condition and in good repair at all times, and no issue or edition of any publication shall be allowed to remain in any such machine for a period in excess of seven days from the date of initial issuance or publication, whichever is sooner. SECTION 3. Santa Monica Municipal Code Section 6.28.060 is hereby amended to read as follows: 6.28.060 Removal of newsracks. (a) Nonconforming Newsracks. (1) Commencing ninety days after Ordinance Number (CCS) becomes effective, any newsrack in violation of any provision of this ordinance will be deemed nonconforming except existing woodg~ain panels in good condition. The City may attach a notice to correct to a nonconforming newsrack, that shall state the nature of the violation and the rights of the owner of the nonconforming newsrack under this Chapter. In addition to such notice, and contemporaneously therewith, the Director of Public Works shall make all reasonable efforts to notify the owner of the violation, and inform 6 him or her of-his rights. Within ten working days after the notice is attached, the owner may either cure the violation, or file a written protest and request a hearing with the Director of Public Works. Any decision of the Director of Public Works shall be in writing and is final. (2) If the violation is not corrected and/or the Director of Public Works upholds the decision that the. newsrack is in violation of this ordinance, the City may impound the newsrack and shall make all reasonable efforts to notify the permittee or his authorized agent of the impoundment. (3) Upon failure of the permittee to claim an impounded newsrack and pay the expenses of such removal and storage within thirty days after removal, the newsrack shall be deemed unclaimed property and may be disposed of by the City pursuant to applicable provisions of this Code. (b) Abandonment. (1) If any newsrack installed pursuant to this Chapter does not contain the publication specified in the application therefore within a period of forty-eight hours after release of the current issue, or if no publication is in the newsrack for a period of more than seven consecutive days, the newsrack may be considered abandoned and nonconforming. The Director of Public Works shall notify the owner and take action to remove the newsrack from the public right-of-way in accordance with the procedure set out in subsection (a) of this Section (2) In the event a permittee of a newsrack desires to voluntarily abandon a newsrack location, said permittee shall completely remove the newsrack and mount, 7 and restore the public right-of-way to a safe condition, leaving no holes or projections in the pavement. (c) Hearing. The owner (permittee) may, within thirty days of the impoundment, request in writing a hearing before the City Manager or his/her designee for the purpose of demonstrating that the newsrack was not rightfully impounded and should be returned to the permittee. The City Manager shall establish procedures for the- conduct and timing of this hearing. SECTION 4. Santa Monica Municipal Code Section 6.28.070 is hereby amended to read as follows: 6.28.070 Application and issuance of permits. (a) Applications. The applicant shall file with the Director of Public Works a written application for a permit which shall contain the following information: (1) The name, address and telephone number of the applicant. (2) The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsrack. (3) The number of newsracks and the proposed location of each. (4) Names of newspapers or periodicals to be contained in each newsrack. (5) Type or brand of newsrack, including description of the newsrack and mount, if other than K-Jack Style Mount Model 100. (b) Issuance of Permits. Upon a finding by the Director of Public Works that the applicant is in compliance with the provisions of this Chapter, he shall issue a permit in accordance with application and the provisions of this Chapter. 8 (c) Denial of Permit. If a permit shall be denied, the applicant shall be immediately notified of the specific cause of such denial by the Director of Pubiic Works. SECTION 5. Santa Monica Municipal Code Section 6.28.080 is hereby amended to read as follows: 6.28.080 Insurance. Prior. to the issuance of a permit by the Director of Public Works, the applicant shall furnish to the Director of Public Works a certificate of commercial general liability insurance.("CGL") that the applicant has then in force and effect, naming the City as an additional insured, in an amount not less than five hundred thousand dollars minimum liability per occurrence/and in the gerieral aggregate. The insurance shall be obtained from an insurer with a current A.M. Best's rating of no less than A-:6. The evidence of insurance filed with the Director of Public Works shall include a written statement by the insurance carrier that coverage shall not be cancelled except after (30) thirty days prior written notice, or ten (10) days prior written notice for non payment of premium, has been given to the City by certified mail before any cancellation of coverage. The Director of Risk Management may authorize a program of self-insurance if it contains an equivalent level of coverage and protection to the City. SECTION 6. Santa Monica Municipal Code Section 6.28.090 is hereby amended to read as follows: 6.28.090 Fees. There shall be an annual permit fee established by resolution of the City Council, in an amount sufficient to cover the actual costs of the newsrack program including permitting, inspection, and administration. This fee shall be adjusted annually for 9 inflation by the percentage change in the Consumer Price Index ("CPI") commencing on July 1, 2009 and on July 1St of each year thereafter. The cost of installation, maintenance, replacement, removal, and relocation of newsracks shall be at the sole expense of the owner or permittee. SECTION 7. Section 6.28.120 is hereby added to the Santa Monica Municipal Code to read as follows: 6.28.120. Administrative Guidelines. The Director of Public Works Management shall have the authority to promulgate and or adopt administrative regulations that are consistent with and further the terms and the requirements of this Chapter. All administrative guidelines shall be in writing. SECTION 8. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall .not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 10 SECTION 10. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 .days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 11 Approved and adopted this 14th day of Octobe State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2273 (CCS) had its introduction on September 16th, 2008, and was adopted at the Santa Monica City Council meeting held on October 14th, 2008, by the following vote: Ayes: Council members Noes: Council members: Abstain: Council members: Absent: Council members: Genser, Holbrook, McKeown, Shriver Mayor Katz None None O'Connor Mayor Pro Tem Bloom A summary of Ordinance No. 2273 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: r--- Maria Stewart, City Jerk