O942
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ORDINANCE NO. 942
(CITY COUNCIL SERIES)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA REGULATING
THE INSTALLATION, USE AND MAINTENANCE OF
PUBLICATION VENDING MACHINES AND DECLARING
THE PRESENCE OF AN EMERGENCY.
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 ccntext 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 disp~nser 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, roadwa~ parkways, alleys and sidewalks.
C. ROADWAY. Roadway means that portion of a
street improved, designed or customarily used for vehicular
travel.
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PARK~'7.:\Y .
?ark~ay ~2~ns that are~ bet~e2~
the s~...dc~.!a:i.~~.:: 3..:i.-:.d ::.rl~ c:~:!:"b of an'll' stre2t. arlG 'Ylhere t:tcre i~'- r.o
~~de~alk, that c~e~ between the edge of the ro~dvay and tn2
property line adJacent theret-:;. Park~la:ls shall al.sQ ~:J.clud8
a",y c.:::ea withln a roac.''lay which is not Op2l1 to vehicular traf:::ic.
E.
CLTSl'ODIAN..
~~a~ p2rso~ or persons ~ho have t~2
res:;:lOnsi~ili ty of placing, servicl.ng or maintaini::lg a Publicat~on
Venc.ing Machine by depositing and/or re~aving ~aterl.al fra~ sdid
machine and/or by collecting ~onies fro~ said machine.
Section 6251. Prohibition of Machines on Road~ays.
No person shall install, use or mainta~n any Publication Vending
Machine or other structure which projects onto, into or over a~y
part of the roadw"ay of any publlC st:::-eet or 'tllll.ch rests, wholly
or in part, upon, along, or over any portion of the road~ay of
any public street.
Section 6252. Dangerous Condit~ons or Obstructio~s.
~o person shall i~stall, use or maintain any Publication Vending
Machine which in whole or in part rests upon, i~, or over any
p~bl~c side~alk or parkway, when such installation, use or
maintenance endangers the safety of persons or proper~y, or when
such s~te or lecation is used for public utility purpos~s.
publ~c transportat~on purposes or other governmental usa, or when
s~ch publication Vending Machine unreasonably interferes with or
impedes the flow of pedestr1an or vehicular traffic including
any legally marked or stopped vehicle, the ingress into or egress
frow any res~dence or place of business, or the use of poles,
pests, traffic signs or signals, hydrarts, mailboxes, or other
o~jp.cts per~itted at or near said location.
Section 6253. Standdrds for Maintenance and
Ir.sta::'lation.
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Any cu=>l.icatiGn iJenc..l..ng l':aCD.1.ne r...,.:hich ::..n .,;r_ole 0:::' -=-n pa.rt ::-ests
upon, in. or OV2r e.nv '"'1u!:Jllc sic.e\val!-: or pa.r~\I~Y t st:~ll co";.--:.ply
wit~ the follow~~g stan~~rds:
A) Ko publication V8:lcing :":achi~"12 3~al1 ex~e8.j
five (5) ::eet in height,. thirty (30) lnches In v:idth, 0:':" t;-iO (2)
fe~t in thic~ne&s.
B) rublication Vending Hachines shall only be
placed near a curb or adjacent to a wall or a builclng.
Such
nachines placed near the curb sr-all be placed no less than
eighteen (18) inches nor ~ore than twenty-fou~ (24) inches from
the edge of the curb.
Those machines placed adjacent to the
wall of a buildlng shall be placed parallel to such wall and
r.ot r'ore than si:~ (6) inches fro:n the wall. -;:;0 such :r.achine
shall be placed or ~aintained on the sidewalk or parkway opposite
another publlcation Vendlng Machine cr group of such machines.
C) No publlcation Vending Kachine shall be
chained, bolted or otherwise attached to property not owned by
the owner of said ITach~ne or to any perrrane~tly flxed obJect, unless
the Custodlan of said mach~ne shall have first obtained the
written pern~ssion of the owner of the object to wh~ch the
~achine is affixed.
D) publ~catlon Vending Machines nay be placed
next ta each other, prov~ded tha~ no group of said nachines
shall ex~end Dore than elght (8) feet along a curb or wall aLd
a spa,-e 0= no less than three (3) feet shall separate each such
arC~D of ~ac~l~es.
E} Such ~achlnes may be chalned or otherW~5e
attached to one another, provided no ~ore than three (3) such
~a~~~~2S ~av be jo~ned together ~n thlS ~an~er~d a spac~ of
n0 ~~ss tctin three (3) feet s~all sepa~ate each group of three
(3) s~ch ~ac~1~2S so attached.
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F) N0 3u~h ~acn~n2 or group of 3~ch ma~hin9s
P2~r-'J..tted ut:d~r Paragraph E hereof l shall \.J~igh, ~n t>..e a.gg~.e"-;dte,
In excess of one hundred tV8::1ty five (125) pounds ~"hen empty.
G) lJot."vl tI1stand:..:~g any o"':her prO\rl..SlOn of t~'1i s.
chQ~terr no Publlcation VeEdi~g ~jachLne shall be placed, ir.stal1ed,
used or Ralntained:
[1] ~ithin five (5) feet of any ~arked
crosswalk.;
[2] Within fifteen (15) feet of the curb
return of any ur..,\',arked cross\.alk;
[3] Wlthin flve (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 flve (5) feet ahead of or t~enty
five (25) feet to the rear of any sign marking a designated bus
stop;
[6] wi~hin six (6) feet of any bus bench;
[7) In any location whereby the cross space
or the passageway of pedestrlans is reduced to less than six (6)
feet;
[8] Wlthln 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 wlth the
reasonable use of such window for display purposes;
[9] With~n one hundred (IOO) feet of any other
such ~achine on ~~e same slde of the street within the sa~me
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
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S2...:;.=2 f C~ PU=C':-..6..s~~ (~:: ~h3 P':J.!Jll.::3. J.~lO:-lS sole,: th._:::-_...:~__~-<
I) Each such Da~hice shall bp wa~ntaine~ in a
cJean, neat and attrac~ive co~dit~on and ~n good repcir a~ all
tinEs, anc no lssue or ed~t~o~ of any publicat~o~ silall be allowed
to re~~~~ in any such ~ac~ine ~QL a perlcc i~ exces~ of sev~n (7)
days fro~ the date of initial ~ssuance or publ~catlou, whlchever
is soon~r+
Section 6254.
Standards for ~aterial3 Sold.
A) No publication wh~ch lS prohiblted by the laws
of ~he Sta~e fro~ sale or distrlbution to minors, nay be offered
for sale to the public unless such offer of sale is ~ade or
nalntained in the presence of an attendant with the abillty to
prevent the purchase of such publication by a minor.
B) ~o publicatlon may be offered for sale to
the public on any public right-of-way by neans of such Publication
Ver.ding Machlne in s~ch ITanner as to expose to the publ~c view
any photograph or draw~ng contained within such publication
displaying a'1Y of the followi!1g:
[1] The genitals, publc hair, buttocks, natal
cleft, perinew~, anal region or pubic hair reg~on of any person,
other than a child ur.der the age of pGber~y;
[2J Any portlon of the breast, at or below
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fe~ale person, other than a ch~ld under the
a~e of ?u~erty.
C) Every perso~ is g~ilty of a ~lsde~eanor who
caase3[ per!t'its, procures, counsels or assists .l.it an offer of
sale of any such publlcation ~~ vlolat~o~ of this sect~onp
D) Any 9~bllcat~on off~red for s~18 ~n vlolat~on
of this sectlJh constltutes a publlc DUlsance.
Se~tlon 6255.
Authorlty of Dlrector of ?ubllc Works
[0 ~~~?t Re:ula~~o~s~
rrh'~ Dlre...:tor of Pt..::.blic ~~7()1'.."'ks ~3 h~reby eC~I?o~...-.-er2d to adopt
r~~3o::atl~ sta~dards 2~d r~gulatlo~S to ~~plen2nt ~ne ~=ovlsion5
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ana }?llrpo3e.s of thi s ch2p-cer r ba2.2c.. upon 3tre2t ar.G. peds3trlan
t=aff~c requ~=enen~~ acc~ss t~ parkidg plac2s ard facilLtl2s, and
p~bllc heal~~ safety and ~elf~re.
SeGt1.0~ 625'5.
Infor~l-2..tion Ret1:Ul1:"ec..
Everv ?2rSOn or custodian who places or raintains 2 Publ~cat~on
Venj~~g Machine'on a publLc s~dewalk or parkway wL~hin ~ne City
shall have his or lts narre, address~d telephone nup.~er affixed
thereto in a place where such information ~ay be easily seen and
s~all co~?ly fully with the provisions of 517570 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 a~ended.
Section 6257. Business License Required.
I~ shall be unlawful for any person or custodlan, whether as a
prlnclpal or agent, clerk or employee, either for himself or for
any other person or body corporate or as an offLcer of any
corporation or otherwise, to place or permit the placement of any
publicat:i.On in a Publ~catlon Vending Uachine within the City unless
either the publisher or distributer has a valid business license
~itpin the City.
Section 6258.
Hold Harmless.
Every perso~ or custo~ian who places or maintains such a machine
on a public sidewalk or parkway in the City of Santa Monica, shall
f:de a written statement \>lith the City Clerk satisfactory to the
Clty Attorney, whereby he or it agrees to indemnify and hold
har~less, the City, ltS offlcers, directors or employees, from
any loss or liabillty or damages, lncluding expenses and costs,
for bocLly or personal LnJury, and for property damage sustained
by a~y person as a result of the ins~lation, use, or naintenance
of such a machine within the City of Santa Monica.
Sectio:! 6259.
Insurance.
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Th~ o~~er or c~3todla~ 2hall provid~ and keep In forS2 Qu=~ng
-cl-:.2 t:.t"Lf? "'.:.1:..a<.: SUC~l a Fla.~hlne is 3..11oi.';ed 1:.0 re.:-r~=--n O.!.1. p~bl~c
pro~:cty; a po11cy of p~blic liability insur~~ce agaln~t l~abllity
~0r i~Juries to perso~s or P~O?2~t~ aris~ng OU~ of a~clde~ts
a~~~i~ut~b:e to the newspap~~ or rragazlne rack3 C~ stands O~
Publica~ion Vending Mac~in3s O~ C~ty property, ~~ tee amounts
determined by the City Attorney, with l~mits of at least
One Hun~red Thousand ($100,000) Dollars for injury or death to
anyone person, Three Hundred Thousand ($300,000) Dollars for
inJ~ry or death arising from anyone accident or occurrence, a~d
Ten Thousand ($10,000) Dollars for property damage. The policy
of insurance so provided shall contaln a contractural liabLlity
endors~ment coverlng the liability assumed by the pe~~ittee by
the terms of his pe=mit and shall contain a provision that such
policy reay not be cancell~d except after thirty (30) days notice
in writing g~ven to the City Clerk of the C~ty of Santa Menica.
Copies of these policies or certificates evidencing the sa~e
shall be f~led w~th the Clty Clerk of the City Qf Santa Monica,
after approval of the City Attorney.
Section 6260. Machines ~n V~olat~on of this Ordinance.
U?on ceternination by the Director of Publ~c Works that a
?ubl~cat~on Vend~ng nach~ne has been installed, used or Maintaine&
in vlolation of the prov~sions of this chapter, an order to
correct the offend~ng cond~tion will be issued to the OWner or
custocian of said machine. Such order shall be telephoned to
the OWner or custodian and confirmed by mailing a copy of said
order by certif~ed mail, return receipt requested. The order
shall spec~fically descrlbe the offendlng condition and suggest
act~Gns necessary to correct Lt. Failure to properly correct
the offending condition within five (5) days after the ma~ling
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oE the orde~ shall re3ult ~n the OLIe~C~Dg Bachlne be~~o
SUI'~;-larl.1.Y :.>~:r-::;ved end proc~s3e..: 3.S uncIa ~"r'ed j?rop-':::r::y ...l~J.e=
3.D?l::. C~b~4~ p"'.::'ovislons of lav-~ r2i~:-i:1---; th-:;reto.
I.f tr.e of:: endir~-:;
n.3.::::~J..:-..e is r:.ot p:=operly ident~:~eC as to the o~';:ler, l:.r_de:r th~
U~C~~Sl0ns of this chapter, i~ sh~11 be re~oved i~~~~d~at2lJ and
pLOC~S5ed as unclai~ed pro?erty uhde~ ap91~cable 9rovision~ of
la;.;,.
The Dl.rector of Publl.c h'orks shall cause inspection to
be roade or the corrected COndl.tlon or of the ~achi~e reinstalled
after removal under this sectLon.
The owner or custodian of said
nachlne shall he charged a Ten ($10.00) Dollars insp~ction fee
for ~ach such machine so inspected, which charge shall be in
addition to all other fees and charges required by law.
Section 6261.
Appe3.ls.
Any person or entity aggrieved by findlng not~ce or act~on take~
uncer the provlsions of this chapter, ~ay appeal, and shall be
apprlSeG of hlS right to appeal to the Santa Mcnlca Plann~ng
CCF-nissi~n or such other body as is deslgnated by the City Cou~cll tc
hear
such appeals.
An appeal ~ust be perfected.wLthin
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cays after receipt of r.otice of any protested d~cision or a~tion,
by flling with the offlce of che Director or Public WO~k3r a
let~2r 0= app9al brlefly stating thereln the basls f~~ such ap~ealT
~~e ~ear~ng 5~dll be held O~ a date no ~are than ten (lJi days
a=t2r the rece~pt of the lecter of appeal.
Appellant stall be
g~ven at lcas~ =ive (5) days notice of the ti~e and p13c2 o~ t~e
he<JrE:.g.
T~e ap?~lla~~ body shall g~ve th~ apgel~antl and any
ot~c= lnt~rested party, a reasonable oppor~cnl~Y to b3 heard
In order to show cause why the deterwinatlc~ of the Dlr~ctQr of
~~~l J_C ~~lcr-<s should n8t De upheld.
In all such cases, t~a b~rden
0:: 2.:08:: 3:1a~1 be U98;:1 t:.he appellant to show tLia.t ther~ '!j-:"a.=; no
sl~~3~ant~31 eVldence to supp~rt the action take~ by ~h~ D~rectar
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of ?ubllC Wo~ks~ At the cO~clUSlon of the hearlng~ t~e appellant
~O?~~ shall ~2~e a =l~~l and c02clus~ve detcr~i~2tion~
S~~tion 6262~ Other viol~~~5.
In ~h~ case of violatio~s of c~~ ordlna~ce relat1v3 LO restricti0:iS
upo~ dLtac~~~ents of sale I~ach~nes to prop~rty other thaL that
c"~ed by t~e owr-er of the ~achine, to fixed obJects o~ each otter,
a~d ~pan locations of said ~achines, any City eRployee authorized by
the Dlrector of Public Works, may, as an alternative to re~oval
under the provisions of thlS chapter, remove such attac~~ent and/or
r078 such Rach~ne in order to restore them to a legal condition.
SECTION 2. severability. If any section, subsection,
sentence, clause or phrase of thlS ordlnance is for any reason
held to be invalid or uncon3itutlonal by the decisiou of any
court of co~petent jurisdictlon, such decision shall net effect
the validity of the rernalnlng portlons 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 rr.ore 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 mlsdeDeanor, a~d upon
canvictlon thereof, shall be subJect to a fine not exceeding
Five Hundred($500) Dollars or six (6) roonths in the county jail
of ~os Angeles County, or both such fine and imprisopnent ~n 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.
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SECTION 5.
The Mayor shall sign and the C~ty Clerk
shall attest to the passage of this ordinance.
The C~ty Clerk
shall cause the same to be published once in the official
newspaper wlth~n fifteen days after its adoption. This ordlnance
shall become effective 1rnmedlately upon
its adopt~on.
SECTION 6. This ord~nance is declared by the Clty
CounclI to be an emergency measure adopted pursuant to g615
of the Santa Mon~ca City Charter, to be necessary as an emergency
measure for preserv~ng the publ1c peace, health or safety, for
the follow~ng reasons:
1) The unregulated placement of Publicat~on
Vend1ng Machines is a danger to pedestrian and veh~cular traffic,
and ~mmedlate act~on 1S necessary to allev1ate this danger~
2) Harmful material is avallable to Juveniles
through such machines, and such material is detr~mental to the
morals, well-be1ng and mental health of children and adults ln
the communitYi
3) Numerous citizens within the community are
gravely distressed by the placement of these machines and are
urging lmmediate action to eliminate thelr unslghtllness, the
dangers they present to vehlcular and pedestrian traffic, thelr
distractlng nature, thelr reduction ln property values surroundlng
them, and thelr interference with the publlC peace, health,
safety and general welfare.
ADOPTED thlsllth day of
December, 1973
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SSe
CITY OF SANTA MONICA
I do hereby certify that the foregoing ordinance
was duly and regularly introduced and adopted at a meeting
of the City Council of the City of Santa Monica on the 11th
day of
December
, 1973, pursuant to S615 of the Charter
of the City of Santa Monica, by the following vote of the Council:
AYES: Councilmen: Judson, Lawson, McCloskey, Swink,
Trives, van den Steenhoven, Hoover
NOES: Councilmen: None
ABSENT: Councilmen: None
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Ci If.I Cl~
APPROVED AS TO FORM:
,/) r. 1)//,
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" City Attorney . ~
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