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SR-11-C (25) e e II Q 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. I / (] JUl 1 0 1979 e e To; ~~yor and City Council -2- July 2, 1979 Features of the Proposed Regulations It is proposed that the existing ordinance be repealed and that a new ord1nance be adopted which will regulate the vending machines only.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. e - To: Mayor and City Council -3- 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. e ~ To: Mayor and City Council -4- 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 e - ~ 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. -1- e e 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. -2- e e (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. -3- e . 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. -4- . . e . (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 -5- e . 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. -6-