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O943 '. .- ~ ~ - '- c, - - " ORDINANCE NO. 943 (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGULATING THE INSTALLATION, USE AND MAINTENANCE OF PUBLICATION VENDING MACHINES. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2A is hereby added to Article VI of the Santa Monica Municipal Code, to read as follows: CHAPTER 2A PUBLICATION VENDING MACHINES. Section 6250. Definitions. For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended: A. PUBLICATION VENDING MACHINES. A Publication Vending Machine means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs, and records. B. STREET. Street means all that area dedicated to public use for public street purposes and shall include but not be limited to, roadway, parkways, alleys and sidewalks. C. ROADWAY. Roadway means that portion of a street improved, designed or customarily used for vehicular travel. ~J ' . 1-1 ~ -l- ~ e ~ - D. PARKWAY. Parkway means that area between the sidewalks and the curb of any street and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkways shall also include any area within a roadway which is not open to vehicular traffic. E. CUSTODIAN. That person or persons who have the responsibility of placing, servicing or maintaining a Publication Vending Machine by deposit~ng and/or removing material from said machine and/or by cOllecting monies from said machine. Section 6251. Prohibition of Machines on Roadways. No person shall install, use or maintain any Publication Vending Machine or other structure which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street. Section 6252. Dangerous Conditions or Obstructions. No person shall install, use or maintain any Publication Vending Machine which in whole or in part rests upon, in, or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such Publication Vending Machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrarls, mailboxes, or other objects permitted at or near said location. Section 6253. Standards for Maintenance and Installation. -2- e ~ Any Bublication 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} No publication Vending Machine shall exceed five (5) feet in heigh~~ thirty (30) inches in width, or two (2) feet in thickness. B} 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 (18) inches nor more than twenty-four (24) 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 (6) 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. C) 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 fixed object, unless the Custodian of said machine shall have first obtained the written permission of the owner of the object to which the machine is affixed. D) Publication Vending Machines may be placed next to each other, provided that no group of said machines shall extend more than eight (8) feet along a curb or wall and a space of no less than three (3) feet shall separate each such group of machines. E) Such machines may be chained or otherwise attached to one another, provided no more than three (3) such machines may be joined together in this manner~d a space of no less than three (3) feet shall separate each group of three (3) such machines so attached. -3- e ~ - F) No such machine or group of such machines permitted under Paragraph E hereof, shall weigh, in the aggregate, in excess of one hundred twenty five (125) pounds when empty. G) Notwithstanding any other provis~on of this chapter, no Publication Vending Machine shall be placed, installed, used or maintained: [1] Within five (5) feet of any marked crosswalk; [2] Within fifteen (15) feet of the curb return of any unmarked crosswalk; [3] Within five (5) feet of any fire hydrant, fire call box, police call box or any other emergency facility; [4] Within five (5) feet of any driveway; (5) Within five (5) feet ahead of or twenty five (25) feet to the rear of any sign marking a designated bus stop; t6] Within six (6) feet of any bus bench; [7] In any location whereby the cross space or the passageway of pedestrians is reduced to less than six (6) feet; [8] Within three (3) feet of any area improved with lawn, flowers, shrubs or trees, or within three (3) 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; [9] Within one hurtdred (100) feet of any other such machine on the same side of the street within the same block containing the same edition of the same publication. H) No such machine shall be used for advertising signs or publicity purposes other than dealing with the display -4- e -, ~ sale, or purchase of the publications sold ~herein. I) 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 (7) days from the date of initial issuance or publication, whichever is SOOner. Section 6254. Standards for Materials Sold. A) No publication which is prohibited by the laws of the State from sale or distribution to minors, may be offered for sale to the public unless such offer of sale is made or maintained in the presence of an attendant with the ability to prevent the purchase of such publication by a minor. B) No publication may be offered for sale to the pUblic on any public right-of-way by means of such Publication Vending Machine in such manner as to expose to the public view any photograph or drawing contained within such publication displaying any of the following: [1] The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person, other than a child under the age of puberty: [2] Any portion of the breast, at or below the areola, of any female person, other than a child under the age of puberty. C) Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists in an offer of sale of any such publication in violation of this section. D) Any publication offered for sale in violation of this section constitutes a ppblic nuisance. Section 6255. Authority of Director of Public Works to Adopt Regulations. The Director of Public Works is hereby empowered to adopt reasonable standards and regulations to implement the provisions -5- . ~ and purposes of this chapter~ based upon street and pedestrian traffic requirement~ access to parking places and facilities, and public health safety and welfare. Section 6256. Information Required. Every person or custodian who places or maintains a Publication Vending Machine on a public sidewalk or parkway within the City shall have his or its name, addressmd telephone number affixed thereto in a place where such information may be easily seen and shall comply fully with the provisions of Sl7570 of the Business and Professions Code of the State of California as it exists on the date of this ordinance or as may be hereafter amended. Section 6257. Business License Required. It shall be unlawful for any person or custodian, whether as a principal or agent, clerk or employee, either for himself or for any other person or body corporate or as an officer of any corporation or otherwise, to place or permit the placement of any publication in a Publication Vending Machine within the City unless either the publisher or distributor has a valid business license within the City. Section 6258. Hold Harmless. Every person or custodian who places or maintains such a machine on a public sidewalk or parkway in the City of Santa Monica, shall file a written statement with the City Clerk sauisfactory to the City Attorney, whereby he or it agrees to indemnify and hold harmless, the City, its officers, directors or employees, from any loss or liability or damages, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the ins~lation, use, or maintenance of such a machine within the City of Santa Monica. Section 6259. Insurance. -6- ~ -~~ ---- .~ The owner or custodian shall provide and keep in force during the time that such a machine is allowed to remain on public property, a policy of public liability insurance against liability for injuries to persons or property arising out of accidents attributable to the newspaper or magazine racks or stands or Publication Vending Machines on City property, in the amounts determined by the City Attorney, with limits of at least One Hundred Thousand ($100,000) Dollars for injury or death to anyone person, Three Hundred Thousand ($300,000) Dollars for injury or death arising from anyone accident or occurrence, and Ten Thousand ($10,000) Dollars for property damage. The policy of insurance so provided shall contain a contractural liability endorsement covering the liability assumed by the permittee by the terms of his permit and shall contain a provision that such policy may not be cancelled except after thirty (30) days notice in writing given to the City Clerk of the City of Santa Monica. Copies of these policies or certificates evidencing the same shall be filed with the City Clerk of the City of Santa Monica, after approval of the City Attorney. Section 6260. Machines in Violation of this Ordinance. Upon determination by the Director of Public Works that a Publication Vending Machine has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the offending condition will be issued to the owner or custodian of said machine. Such order shall be telephoned to the owner or custodian and confirmed by mailing a copy of said order by certified mail, return receipt requested. The order shall specifically qescribe the offending condition and suggest actions necessary to correct it. Failure to properly correct the offending condition within five (5) days after the mailing -7- . . .. "!!!---~ ~..... ~;-- e '.. .~ of the order shall result in the offending machine being summarily removed and processed as unclaimed property under applicable provisions of law relating thereto. If the offending machine is not properly identified as to the owner, under the provisions of this chapter, it shall be removed immediately and processed as unclaimed property under applicable provisions of law. The Director of Public Works shall cause inspection to be made of the corrected condition or of the machine reinstalled after removal under this section. The owner or custodian of said machine shall be charged a Ten ($IO.~O) Dollars inspection fee for each such machine so inspected, which charge shall be in addition to all other fees and charges required by law. Section 6261. Appeals. Any person or entity aggrieved by finding notice or action taken under the provisions of this chapter, may appeal, and shall be apprised of his right to appeal to the Sa~ta M~nica Plann~ng Commission or such other body as is designated by the City Council to hear such appeals. An appeal must be perfected within three (3) days after receipt of notice of any protested decision or action, by filing with the office of the Director of Public Works, a letter of appeal briefly stating therein the basis for such appeal. The hearing shall be held on a date no more than ten (10) days after the receipt of the letter of appeal. Appellant shall be given at least five (5) days notice of the time and place of the hearing. The appellant body shall give the appellant, and any other interested party, a reasonable opportunity to be heard in order to show cause why the determination of the Director of Public Works should not be upheld. In all such cases, the burden of proef shall be upon the appellant,to show that there was no substantial evidence to support the action taken by the Director -8- - ,[ >.r ~ '. --~~ ~~3- '. ,...~. ~-....... ., B . . . .' --- . ~ ~ j- - I~ - ~ ~ - .a ,. of Public Works. At. the conclusion of the hearing, the appellant board shall make a final and conclusive determination. Section 6262. Other violations. In the case of violations of thE ordinance relative to restrictions upon attachments of said machines to property other than that owned by the owner of the machine, to fixed objects or each other, and upon locations of said machines, any City employee authorized by the Director of Public Works, may, as an alternative to removal under the provisions of this chapter, remove such attachment and/or move such machine in order to restore them to a legal condition. SECTION 2.. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconSitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that anyone or more of the sections, subsections, sentences, clauses or phrases hereof would be declared invalid or unconSitutional. SECTION 3. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall b~ subject to a fine not exceeding Five Hundred($500) Dollars or six (6) months in the county jail of Los Angeles County, or both such fine and imprisonment in the discretion of the court. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto and consistent herewith to the extent of such incons~encies and no further, are hereby repealed. -9- > _ e. 4. -. SECTION 5. 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 fifteen days after its adoption. This ordinance shall become effective after thirty days from its adoption. ADOPTED this 8th day of January, 1974 I --/; >\0,~ Mayor ~/ f - /) (0/1! ATTESt: !~A~ I lfi ty' Cl91:"k J STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA MONICA I do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 11 th day of December I 1973~ that thereafter the said ordinance was duly adopted at a meeting of the City Council on the 8th day of January , 197~, by the following vote: AYES: Councilmen: Judson, Lawson, McCloskey, Swink, Trives, Hoover NOES: Councilmen: None ABSENT: Councilmen: van den Steenhoven /C-,~_ ~ {Y-'Y [Cl'~ l2PROVED AS TO, FJrJuORM: " i 0 .! .. i j" .J,,-,J l .. _______ ~ Ctty'Attdrney -10-