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O942 p~ji....- ~ ....--- -. ~ 'e - e 4 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. -1- ~ ~tllt~_ " . .' . e :8. 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. -2- ~~~~~-'-- " . e ~ 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. -3- _.~ --~,""",~-",,",,~.-\........,-;...., ~~::; .' , . e 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 -4- ~=- _~A \ ~.~@.-~: . ,. 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 t'- - .;.1~ a=eola, 0= a-,. .1.L{ 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 -=.- . - 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. -6- - '- 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 -7- . " 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 .a..."1..,-r~o ..........---- (3) 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 -B- . . 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. -9- ~~~ - ,,- '. " ~ 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 +/~' //] /' ~'/, L/."~: }(:'lfrr ,C? /~ Mayor - ----- ATTEST: {(~~~- I!nQ C~ ~ fler't{x...' '--" -10- ~ - . . 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 ~. Ci If.I Cl~ APPROVED AS TO FORM: ,/) r. 1)//, ~:l)~~- " City Attorney . ~ -11-