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SR-8-C (21) ~ 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 e e 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. -1- e e 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. -2- e e (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. -3- e e 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 -4- e e 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. -5- e e 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 l'~ '. 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: ~~J~~.L fc.r- RICHARD L. KNICKERBOCKER Cl ty Attorney -6- e e 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: ................... ...- ! / ' Ii \/~ fly C(ERK -::,:....?" .. ::;;~--t!.~ L ~, '" i I I::', i,' i ' ! I .1 I : Ii' SIXT.E.ENTH I' ! ! : i : !: i !"'.I ! ! !, i ~ I ; i I ; 1 I 'I ' :, I ,. ',' il: " I, i, I I i i ' j , I I: 'II I : I ' ' I 1 . I 1,1 FIFTEENTH L: i! ; i.:: II I ~,i' ii' ~ ~ I I : .' ~ ~ . . -. I' \' . ' , I ' . " ;. I . ~! 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T ('nnon . r 1 (' a 5 C P l d, 1 i ::-]1 0 n S (' P tern b c r ~, 1 9 7 ~), t 11 C C' n c 1 0 5 e d 0 n.l in a n c C 5 . -;"\8-". 11;;(1 - 'c~arllllig tIle l.Z1\-: rcltc [01' nd_rklng rlllU -')lL;; 1 n C' s S 1."I}) r oven en t, J.nd \: 0 . 1 1 .-:; 1 '\ - ,j ." C !l J i Jl g C}. d P t c r 2". 0 { the ~ i un 1. C 1 P 3. 1 Code rciat~ng to nC",''.,l<1ck<:;. Pl~asc ~~nd ~o til15 office three COP]C~ of the affldavJt of p'J b 1 H- a t L O!1 . t '. \, ~~;~ ~:- ~;-~~i~"- ; - _-~ ~ i.. ~:;-. ~ H . . . \ i) P_,.,'\.,. -.~~ . -.;; ~ ;, ,'- . ' ....0 SUlccrc1v. 1'; \- : \-Lrglll1~~ I)cq\~11lTl~ c.. ('c rc t a :r.-....\-l" .]O\.cc '=:'n ld cr C1.t\ Clerk / \ 1','1 rn c 1 c -..)~! r e- ~ i~ 7. ) ~ 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 e e (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. -5- .. ... ~ .. . . " 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: / ~ , ;- / i:../ I .' L. / ) ~ ~~-c~':: {~:;: -4-