SR-11-C (25)
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Santa Monica, California
JUl 1 0 1979
July 2, 1979
TO:
FROH:
SUBJECT:
Mayor and City Council
Ci ty Staff
Proposed Regulations for Newsrack Vending Machines
Introduction
This report recommends that the City Council instruct the City Attorney
to revise the news rack vending machine regulation ordinance.
Background
In 1973, the City Council adopted a news vending machine ordinance. The
ordinance, in addition to regulating vending machlnes, also regulated the
content of newspapers. This latter portion of the ordinance was later
determined by the City Attorney to be unenforceable.
Portions of the existing ordinance which relate to news vending machines
have been enforced on a complaint basis for the past two years, but problems
remain in that citizen complaints are received weekly alleging that the
news vending machines at several locations restrict pedestrlan access, are
dirty, have been abandoned, frequently do not operate when coins are inserted,
and do not have the name and address of the owner. In addition, many of the
machines have concrete blocks on them, making it almost impossible for
property owners to move them to clean the sidewalks adJacent and under the
machines. The existlng ordinance does address some of the problems but is
weak in one important area: it does ~othing to improve or upgrade the types
of machines and the method of locating the machines In the public ways.
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JUl 1 0 1979
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To;
~~yor and City Council
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July 2, 1979
Features of the Proposed Regulations
It is proposed that the existing ordinance be repealed and that a new ord1nance
be adopted which will regulate the vending machines only. It is further pro-
posed that the ordinance be written so that with1n a specified zone (see
attached map), the machines be upgraded and that they be required to be mounted
on a steel frame bolted to the sidewalk. The machines in this zone would be
required to be uniform in appearance and without advertising except for name
and logo of the newspaper. These regulations are identical to regulations of
almost every shopping center in Southern Ca1iforn1a, and staff believes that
vending machines on public property within the specified zone should at least
be equal to the standards that private owners are requiring and have been
requiring for the past several years. In most cases the newspapers already
own the type of machines which are specified and the only additional expense is
for the frame upon which the machines are to be mounted.
In all other areas 1n the C1ty, outside these specified zones, the regu1at1ons
will be very similar to the regulations in the existing ord1nance; that is,
the existing machines on the tripod-like stands may remain, but the machines
must be kept clean, have the owner's name and address, must be malntained, and
must not be located within a specified number of feet from bus zones, fire
hydrants, crosswalks, and so forth.
The ordinance which 15 proposed is similar to the ordinances in Beverly Hills,
Laguna Beach, Glendale, Garden Grove, and many other cities (see attachment).
The staff has met with representatives of some of the local newspapers.
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To:
Mayor and City Council
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July 2, 1979
Although several changes have been made which were suggested by the Evening
Outlook, they oppose this Ordinance on the basis that it is not needed~ that
the old Ordinance is sufficient, and that the suggested Ordinance will
allegedly make it more difficult for other newspapers to sell in Santa t1onica.
The Independent-Journal reviewed the suggested Ordinance and found no fault
with it.
It should be noted that the suggested Ordinance will have no effect on the two
vendors (or any future vendors) who sell newspapers currently, nor will it
have an adverse economic impact on any newspaper publishing company or vendor.
The maximum cost to the Evening Outlook, for example, will be less than $500.
The total cost to the vendors of the Independent Journal, Los Angeles Times,
and other newspapers will also be less than $500 each, the cost being that
for machines and mounting frames in Zone A. There are no limitations on the
number of vending machines which may be located in any area, thus new or
existing newspapers are not restricted by the suggested Ordinance.
On May 17, 1979, the Court of Appeal upheld a Los Angeles County Newsrack
Ordi nance aga; nst a Fi rst Amendment challenge, uBecause it is s peci fi ca lly
drafted only to prevent obstruction of travel, to avoid danger from defective
racks, and to protect persons from unwi1l1ng exposure to explicit sexual
material which is likely to be offensive to the unwilling viewer.1I (Gluck v.
County of Los Angeles). When the opinion is published, the City Attorney will
analyze it carefully. Upon first impression, it appears that our proposed
ordinance is valid under the basic standards of Gluck. The Court, in Gluck,
struck down the portion of the Los Angeles County Ordinance relating to the
impoundment of newsracks, so that portion of this proposed ordinance should
be studied carefully.
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To:
Mayor and City Council
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July 2, 1979
Recomnendation
It is recommended that the City Council conceptually approve, and instruct
the City Attorney to prepare an ordinance for introduction at the August 14,
1979 meeting, similar to that which has been described in this report and is
attached.
Prepared by:
Stan Scholl
Shane Stark
Attachments:
Proposed Ordinance
Map of Proposed Zone A
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ORDINANCE NO.
(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 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;
(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;
(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;
ee) 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. Defin1tions.
(a) "News racks 11 sha 11 mean any type of unmanned devi ce
placed upon any publiC right-of-way for the vending of, or free
distribution of newspapers or news per1odicals.
(b) "Publ ic right-of-wal' shall mean any pub1 ic 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 15 imposed by the general
business license regulations, the provisions of this chapter shall
control.
(b) Special requirements for news racks in Zone A, as shown
on the attached map. Subject to the prohibitions set forth 1n sub-
section (c) (3) of this chapter, newsracks shall be placed
adjacent and parallel to the wall of a buildinq and not more than six
(6") inches from the wall, unless the Di rector of General Servi ces
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
(18U) 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 of this chapter.
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(c). General requirements for all newsracks in the City:
(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 news rack 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 specif1Cal1y approved by the Director of General
Services, no news rack shall be placed, installed, used or maintained:
Within five (51) 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 flve (5') feet ahead of, and fifteen (15') feet
to the rear of any sign marking a designated bus stop.
Within five (51) 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 wlndow 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 news rack
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 which
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) Nonconformlng newsracks. Within ninety (90) days
after this ordinance becomes effective and at any time thereafter, any
newsrack in violation of any provision of this ordlnance will have a
Notice to Correct attached by the Clty reciting the nature of the
violation. If the vlo1ation is not corrected within forty-eight (48)
hours after such Notice is attached, the City may impound the newsrack
and shall make all reasonable efforts to notlfy the permittee or his
authorized agent of the impoundment.
Upon failure of the permittee to claim an impounded
newsrack and pay the expenses of such removal and storage within
thirty (30) days after removal, the newsrack shall be deemed unclaimed
property and may be disposed of by the City pursuant to appllcable
provisions of this Code.
(b) Abandonment. In the event any news rack installed
pursuant to this chapter does not contain the publication specified in
the application therefor within a period of forty-eight (48) hours after
release of the current issue, the Director of General Services may deem
the newsrack abandoned and may thereafter remove the newsrack from the
public right-of-way in accordance with the procedure set out in
Subsection (a) above. In addition, a newsrack shall be deemed abandoned
when no publlcation is in the newsrack for a period of more than seven (7)
consecutive days.
In the event a permittee of a newsrack deslres to
voluntarily abandon a newsrack locat1on, said permittee shall completely
remove the newsrack and mount, and restore the public right-of-way to a
safe condition, leaving no holes or projection in the pavement.
SECTION 6256. Application and issuance of permits.
(a) Issulng authority. The issuing authority shall be the
Director of General Services.
(b) Approving authorities. The approving authorities shall
be the Director of General Services.
(c) Applications. The applicant shall file with the Director
of General Services a written application for a permit which shall contain
the following informatlon:
(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 newsracks.
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(3) The number of news racks and the exact proposed
location of each.
each newsrack.
(4) Names of newspapers or periodicals to be contained in
(5) Type or brand of newsrack, including description of
the newsrack and mount, 1f other than K-Jack Style Mount Model 100.
(d) Issuance of permits. Upon a finding by the Director of
General Services that the applicant is in compliance with the provisions
of this Chapter and having received the required approvals from the
Director of General Services, the Director of General Services shall cause
to be issued a permit in accordance with the applicatlon and the provisions
of this Chapter.
(e) Denial of permit. If a permit shall be denied, the applicant
shall be immediately notified of the spec1fic cause of such denial by the
Director of General Services.
SECTION 6257. Insurance.
Prior to the lssuance of a permit by the Director of General
Services, the applicant shall furnish to the Director of General Services
a certificate that the applicant has then in force public liability and
property damage insurance, naming the City as an additional insured, in an
amount not less than Three Hundred Thousand and noj100ths ($300,000.OO)
Dollars minimum liability combined single limit (bodily injury and property
damage) per person and per occurrence. The evidence of insurance filed
with the Director of General Services shall lnclude a statement by the
insurance carr1er that thirty (30) days I notice will be given to the City
before any cancellation of coverage.
SECTION 6258. Fees.
There shall be an annual permit fee in the amount of 50 cents or
the actual cost, whichever is less, for the prlnting of identification
decals for each newsrack. Newspapers shall equally share in the costs
of the frames which support the machines and their installation.
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 suspension shall be
applicable.
(b) Appeals. Any applicant who has been denled a permit
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pursuant to the provisions of this section may flle an appeal with
the Council in accordance with the provisions of Chapter 6125
of this Code.
SECTION 6260. Severability.
If any provision of this Chapter as herein enacted or here-
after amended, or the application thereof to any person or circum-
stances is held invalid, such invalid1ty shall not affect the
other provlsions or applications of this Chapter (or any Section
or portion of Section hereof) which can be given effect without
the invalid provision or application, and to this end the pro-
visions of this Chapter are, and are intended to be severable.
SECTION 2. The City Clerk shall cause this ordinance to be
published in a newspaper of general circulation printed and published in the
county and circulated in the City within fifteen (15) days after its passage,
in accordance with Section 36933 of the Government Code; shall certify to
the adoption and publishing of this ordinance; and shall cause this ordinance
and said certification together with proof of publishing to be entered in
the Book or 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.
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