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CA:RLK:SSS:dd
. Cot!ncil t1eet1ne 08-28-79
A_ 2- tP1 -to/c;/
Santa Monica~allfornia
STAFF REPORT
8C
AUG 2 8 1979
TO: Hayor and City Council
FROM: C1ty Attorney
SUBJECT: Proposed Newsrack Ord1nance
INTRODUCTION
This report transm1ts for second reading and adopt1on
an ord1nance regulating the physical aspects of Newsracks.
The ord1nance was introduced at the Counc11 Meeting of
August 14, 1979.
BACKGROm;rD
At 1ts August 14, 1979, meeting, the Counc11 introduced
an ordinance regulat1ng the placement of newsracks w1th1n
the City. The ordinance establ1shes a ne~srack zone, and requ1res
that newsracks be of a partlcular type and placed on the street
1n a part1cular manner. At the meetlng, the Council made certain
changes in the text as originally prepared, 1n order to 1nsure
that the owners of news racks that do not conform to the provisions
of the ordinance would have an adequate opportunity to correct
the violation or to seek a hearing before the new5racks
were removed. The attached ordlnance reflects the changes made
and approved by Council.
ALTERNATIVES
The Council ~ay adopt the ordinance as ~ntroduced, may
amend 1t and re1ntroduce It, or may reJect it.
RECO~t.TvIENDA '!'I ON
It 15 respectfully recommended that the Councll adopt the
attached ord1nance.
Prepared By: Richard L. Kn1ckerbocker
Stephen Stark
~c.
AUG 2 8 1979
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ORDINANCE NO. 1131 (CCS)
(C1ty 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 Clty 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 15 amended to read as follows:
SECTION 6250. Purpose and criteria for regulations.
The purpose of thlS ordinance is to promote the public
health, safety and welfare through the regulation of placement,
appearance. servicing. and 1nsuring of newsracks on public
r1ghts-of-way so as to:
(a) Provide for pedestrian and driving safety and
con vem ence ;
(b) Restrict the unreasonable interference with 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;
(e) Provide reasonable access for the use and maln-
tenance of poles. posts, traff1C signs or signals. hydrants,
mailboxes. and access to locations used for public transportation
purposes;
(d) Eliminate newsracks which may result in a visual
blight on the pUblic rights-of-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 d1stribution.
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SECTION 6251. Definitions.
(a) uNewsracks" shall mean any type of unmanned device
placed upon any public right-of-way for the vending of, or free
dlstribution of newspapers or news perlodlcals.
(b) IIpubl ic right-of-wayll shan mean any public street,
hlghway, sidewalk, parkway, or alley.
SECTION 6252. Requirements and Duties.
(a) Provlsions supplemental to business license regulations.
The provisions of this chapter are intended to augment and be in
addition to the provisions provlding for a business llcense tax.
Whenever the provlsions of this chapter impose a greater restriction
upon persons~ premises, or practices than is imposed by the general
business license regulatlons, the provislons of this chapter shall
contro 1.
(b) Speclal 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, newsracks shall be nlaced
adiacent and parallel to the wall of a buildinq and not more than six
(611) inches from the wall. unless the Director of General Services
determines that placement near a building is not suitable. in which
case said Dlrector may authorize placement near a curb. Newsracks
placed near the curb must be placed parallel to and no less than eighteen
(1811) 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 deslgnated 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 p1ace~ affix, erect~ construct or
maintain a newsrack upon any public right-of-way without first obtalning
a permit in accordance with the provisions of this chapter.
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(c). General requlrements for all newsracks ln the City:
(l) Newsracks shall be kept clean and maintained in good
working order at all times~ freshly painted and wlth unbroken hoods.
(2) The name~ address and telephone number of a responsible
person who may be contacted at any time concern1ng the newsrack shall
be d1splayed on the hood of the newsrack in such ffidnner as to be
readily visible and readable to a prospectlve customer thereof.
(3) Prohibitions.
Unless specifically approved by the Director of General
Services~ no newsrack shall be placed~ installed~ used or maintained:
Within five (51) feet of any marked crosswalk.
W1thln fifteen (151) 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 (51) feet of any driveway.
Wlthin five (51) feet ahead of~ and flfteen (151) feet
to the rear Of any sign marking a designated bus stop.
Withln five (51) feet of any bus bench.
At any location whereby the clear space for the
passageway of pedestrians 1S reduced to less than six (61) feet.
On or wlthin three (31) feet of any display window or
any bUlldlng abutting the sidewalk or parkway or in such a manner as
to impede or interfere with the reasonable use of such wlndow dlsplay
purpose.
Withln one hundred f1fty (1501) feet of another newsrack
containlng the same newspaper or news perlodical 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 which
may be sold in one day.
Facing another newsrack~ divided only by the wldth of
a sldewalk or pedestrlan walk.
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SECTION 6255. Removal of Newsracks.
(a) Uonconforming ne,-lsracks. Commenclng ninety
(90) days after thlS ordlnance becomes effective, any newsrack
ln vlolatlon of any provlslon of thlS ordinance wlll be deemed
>>nonconforrning". The Clty may attach a Notice to Correct to
a "nonconforpung" newsrack, that shall reclte the nature of the
vlolatlon. In addltlon to such notlce, and contemporaneously
therewlth, the Dlrector of General Services shall make all reasonable
efforts to not~fy the owner of the nonconformlng newsrack of the V10-
latlon, and lnforrn hlID or her of h~s rlqhts under thls chapter. Wlthin
flve werklng days after the notice is attached, the owner
may cure the vlolatlon, file a wrltten protest, or request an
oral hearlng with the Dlrector of General SerVlces.
If the violatlon lS not corrected and/or the Director
of General Services upholds the deClslon to selze wlthln the
five-day llmltatlon, the Clty nay lmpound the newsrack and
shall ~ke all reasonable efforts to notlfy the pernlttee
or hlS authorlzed agent of the lmpoundment.
Upon failure of the perQlttee to clalm an lmpounded
newsrack and pay the expenses of such rer.zoval and storage
wlthln thlrty (30) days after removal, the newsrack s~all be
deeMed unclal~ed property and May be disposed of by the City
pursuant to appllcable provisions of this Code.
(b) Abandonment. If any newsrack lnstalled pursuant
to thlS Chapter does not contaln t~e publlcatlon speclfied In
the applicatlon therefor wlthln a perlod of forty-eight
hours after release of the current issue, or If no publlcatlon
lS In the newsr~ck for a perlod o~ ~ore than seven consecutlve
days, the newsrack mav be considered abandoned anu nonconf0rmlng.
The Dlrector of General SerVlces shall natlfv the owner and
take actlon to remove tue newsrack fro~ the ~ublic rlght-of-way
In accordance wlth the procedure set out in Subsect~an (a) above.
In the event a perMittee of a newsrack desires to
voluntarily abandon a newsrack locatlon, said permittee shall
completely reMove the newsrack and mount, and restore the publlC
right-of-way to a safe condltlon, leavlng no holes or prO)ectlons
ln the payment.
(c) Hearlng. The owner (perruttee) may, \'l1thln
thlrty days of the impound~ent, request ln writlng a hearlng
before the License ReVlew Board for the purpose of demonstratlng
that the newsrack was not rlghtfully impounded and should be
returned to the permittee.
SECTION 6256. Appllcat~on and lssuance of permlts.
(a) Applicat~ons. The appllcant shall flle with the
Dlrector of General SerVlces a written applicatlon for a
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permlt WhlCh shall contaln the follovlng lnformatlon:
(1) The naMe, address and telephone number
of the appllcant.
(2) The name, address and telephone number of
a responslble person whom the Clty may notlfy or contact at
any tlme concernlng the appllcant's newsrack.
(3) The n~~ber of newsracks and the exact
proposed locatlon of each.
(4) NaMes of newspapers or perlodlcals to be
contalned ln each newsrack.
(5) Type or brand of newsrack, lncluding
descrlptlon of the newsrack and mount, lf other than K-Jack
Style Hount Hodel lOO.
(b) Issuance of perwlts. Upon a findlng by the
Dlrector of General Services that the applicant is ln compliance
wlth the provlsions of thlS Chapter, he shall lssue a permlt
In accordance with applicatlon and the provlsions of this
Chapter.
(c) Denlal of permlt. If a permlt shall be denied,
the appllcant shall be irnnedlately notifled of the specific
cause of such denial by the Director of General SerVlces.
SECTIOK 6257. Insurance.
Prlor to the lssuance of a permit by the Dlrector of
General Servlces, the applicant shall furnish to the Dlrector
of General Services a certlflcate that the applicant has then
in force publlC llablllty and property damage lnsurance, namlng
the Clty as an addltlonal lnsured, in an amount not less than
Three Hundred Thousand and nO/IOOths ($300,000.00) Dollars
~lni~uM llahlllty comblned slngle IlIDlt (bodlly lnJury and
property damage) per person and per occurrence. The eVldence
of insurance filed wlth the Director of General SerVlces shall
lnclude a statement by the lnsurance carrier that thirty
(30) days notlce wlll be glven to the City before any cancellation
of coverage.
SECTION 6258. Fees.
There shall be an annual permit fee established by
the Director of General Serv1ces, ln an amount sufficlent to
recover the actual costs of the printlng of ldentlflcatlon
decals for each newsrack. Newspapers shall equally share
in the cost of the frames which support the machines and their
installation.
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SECTIO~ 6259. Suspension and revocatlon: Appeals.
(a) General. ~he provlsions of Sectlon 6126
of Artlcle 1 of Chapter 1 of thlS tltle relatlng to revocatlon
and suspenSlon shall be appllcable.
{b} Appeals. Any appllcant who has been denled a permlt
pursua~t to the provislo~S of thlS sect lOr. may flle a~ appeal Wlt~
the Councll ln accordance wlth the provlSlons of Chapter of thls
Code.
SECTI Q'J 6260.
Severablllty.
If any provlslon of thls Chapter as herelD enacted or
hereafter amended, or the appllcatlon thereof to any person or
clrcu~stances, lS held lnvalld, such lnvalldlty shall not affect
the other provlslons or appllcatlons of thlS Chapter (or any
sectlon or portlon of sectlon hereof) WhlCh can be glveD effect
wlthout the lnvalld provlslon or appllcation, and to thlS
end t~e provlslons of thlS Chapter are, and are lntended to be
severable.
SECTIO~ 2. The Clty Clerk shall cause thlS ordlnance to be
publlsbed
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a news2aper of general Clrculatlon prlnted and
publlshed l~ the county and clrculated ln the Clty wlthln
~lfteer (IS) days after ~ts passage, In accordance wlth Section
36933 of the Government Code; shall certlfy to the adoptlon and
pU~llshlng of thlS ordlnance; and shall cause thlS ordlnance
a~d salG certlflcatlon together wlth proof of publlshlng to be
entered lC the Book of Ordlnances of t~lS Clty.
SECTION 3. ThlS ordlnance shall go into effect and be ln
iQll force and effect at 12:01 A.M. on the thlrty-flrst (31st)
day after ~ts passage.
APPROVED AS TO PORH:
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RICHARD L. KNICKERBOCKER
Cl ty Attorney
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ADOPTED AND APPROVED THIS
28th
DAY
OF August
I 1979.
-~ &~, (d p$i/JA~/Ji;;{, b4C~
~1A YOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCEJ
No. 1131 I WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 14th DAY OF
August I 1979; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE
28th DAY OF August
) 1979
BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Bambrlck, Jennings, Yannatta Go1dway,
van den Steenhoven
NOES:
COUNCILMEMBERS: Kane
ABSENT:
(OUNCILMEMBERS: Reed, Scott, Swink
ATTEST:
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CA:RLK:SSS:dd
Council N.eetlng e08-14-79
2Pff-o/y'
Santa Monica'4i'llfornia
SUPPLEr-rnNTAL STAFF REPORT
IJdd/{iiJJf T;,
81/
DATE: August l3, 1979
FROM: City Attorney
AUG 1 4 1979
SUBJECT: ReV1Slons and addltions to Proposed Newsrack Ordlnance.
The orlglnal version of Section 6258 of the Proposed
newsrack ordinance relatlng to fees inadvertently contalned
language from an obsolete draft. The correct version of
Page 5 18 attached to th15 report.
Also the ordinance should contaln a map of the newsrack
zone, as approved by Council. A copy of the map 15 attached.
Prepared By: SSS
Atefe!itl,., ?ti
~A
AUG 1 4 1979
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(I) The naMe, address and telephone number of the
appllcant.
(2) The name, address and telephone number of a
respons~ble person whom the Clty may notlfy or contact at any
tlffie concerning the appllcantfs newsracks.
(3) The number of newsracks and the exact proposed
locatlon of each.
(4) l~arnes of newspapers or periodlcals to be
contained 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.
(6) Wrltten permission of the abutt~ng and adJacent
property owner of an lntended newsrack location, if no news rack
installed pursuant to th~s Chapter has been previously installed
at that locatlon.
(b) Issuance of permlts. Upon a findlng by the Director
of General Services that the applicant is in cornpllance with the
prOV1Slons of thlS Chapter, he shall ~ssue a permlt ln accordance
with the appl~catlon and the provlslons of thlS Chapter.
(c) Denial of permit. If a permit shall be denied,
the applicant shall be lmmedlately notlfied of the specific
cause of such denial by the Dlrector of General SerVlces.
SECTION 6257. Insurance.
Prlor to the issuance of a permit by the Dlrector of
General Serv~ces, the appllcant shall furn~sh to the Dlrector
of General services a certlficate that the appl1cant has then
ln force publlC liability and property damage 1nsurance, naming
the Clty as an additional lnsured, ln an amount not less than
Three Hundred Thousand and nojlOOths ($300,000.00) Dollars
mlnlmurn liability comblned single llmit (bod~ly inJury and property
damage) per person and per occurrence. The evidence of lnsurance
filed wlth the Dlrector of General Services shall lnclude a
statement by the lnsurance carrier that thlrty (30) days'
notlce wll1 be glven to the City before any cancellation of
coverage.
SECTION 6258. Fees.
There shall be an annual permit fee In the amount
of fifty cents ($0.50) for each netqsrack or the actual cost,
whlchever 1S less, for the prlnting of ldentlflcation decals
for each newsrack. Newspapers shall equally share In the
costs of the frames WhlCh support the machines and thelr
lnstallation.
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SECTION 6255.
Removal of Nel'lsracks.
(a) ;.Jonconformlng ne~....srack. Wlthin Dlnety (90) days
after thls ordlnance becones effectlve and at any tlMe thereafter,
any newsrack In Vlolatlon o~ any provlSlon of thlS ordlnance wlll
have a Notlce to Correct attached by the Clty reclting the nature
of the vlolatlon. Wlthln flve worklng days thereafter the
Owner may elther cure the vlolatlon, flle a wrltten protest, or
request an oral hearlng ~lth the Dlrector of General SerVlces.
If the vlolation lS not corrected and/or the
Dlrector of General SerVlces upholds the declslon to selze
wlthln the flve-day llmltatlon, the Clty way lmpound the
newsrack and shall make all reasonable efforts to notlfy
the permlttee or hlS authorlzed agent of the lmpoundment.
Upon fallure of the permlttee to clalffi an
lmpounded newsrack and pay the expenses of such removal
and storage wlthln thlrty (30) days after removal, the
newsrack shall be deened unclalmed property and may be
dlsposed of by the City pursuant to appllcable provlslons
of thlS Code.
(h) Abandonr1ent. In the event any nervsrack lnstalled
pursuant to thlS chapter does not contaln the publlcatlon speclfled
In the appllcatlon therefor lllthln a perlod of forty-elght
(48) hours after release of the current issue, the Dlrector
of General SerVlces shall notlfy the owner that he lS In
vlolatlon of thlS ordlnance. ~hereafter he may remove the
newsrack fron the publlC rlght of way In accordance wlth the
procedure set out ln Subsectlon (a) above. In additlon, a
news rack shall be deemed abandoned when no publlcatlon lS In
the newsrack for a perlod of more than seven (7) consecutlve
days, and the reMoval procedure In Subsectlon (a) above may
be enforced.
In the event a permlttee of a newsrack deslres to
voluntarlly abandon a newsrack locatlon, sald permlttee shall
completely reMove the nevsrack and mount, and restore the publlC
rlght-of-way to a safe condltlon, leavlng no holes or projectlon
In the payment.
(c) Hearlng. The owner (permlttee) may, withln
thlrty days of the lnpoundment, request In wrltlng a hearlng
before the Llcense Revlew Board for the purpose of demonstratlng
that the newsrack ~as not rlghtfully lmpounded and should
be returned to the per~lttee.
SEC~ION 6256. Appllcatlon and lssuance of permlts.
(a) Appllcatlons. ~~e aoplJrant shall flle wlth the
the Dlrector or General Services a wrltteh appllcatlon for a
perP11t WhlCh shall contaln the following lnformatlon:
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