CC - Item 10C - Guidelines for the Display and Maintenance of Newsracks - Rosemead Municipal Code Section 12.12ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: APRIL 13, 2010
SUBJECT: GUIDELINES FOR THE DISPLAY AND MAINTENANCE OF
NEWSRACKS - ROSEMEAD MUNICIPAL CODE SECTION 12.12
SUMMARY
As part of the City Strategic Plan, staff was directed to develop revisions to the City's
current municipal code governing the placement and upkeep of newsracks in public
right-of-way areas. The updates included in this ordinance are intended to help ensure
that newsracks are kept in good repair and maintained in an attractive condition.
Further, this code helps to ensure the appropriate placement of newsracks to help
maintain pedestrian safety and accessibility on sidewalks.
This item conforms with the City's Strategic Plan Goal 1: "Beautify community
infrastructure and improve public facilities" and Strategy 1: "Enhance public right-of-way
with attractive and environmentally sensitive landscaping and hardscaping". The project
also conforms to Goal 2: "Enhance public safety and quality of life" and Strategy 8:
"Take proactive measures to prevent crime, promote safety, and improve perceptions of
Rosemead".
Staff Recommendation
It is recommended that the City Council introduce Ordinance No. 893, amending
Section 12.12 of the Rosemead Municipal Code regarding the installation and
maintenance of newsracks.
DISCUSSION
Newsracks may be installed in the public right-of-way or on City-owned public property
for the purpose of selling print publications. The current municipal code requires that
newsracks be kept in good repair and maintained in an attractive condition. City staff is
responsible for monitoring these newsracks to ensure they are kept in good repair.
There are existing provisions in the City's municipal code that allow for the removal of
newsracks if they are not properly maintained. Newsracks may also be removed if they
are placed in areas that interfere with accessibility or impede the flow of pedestrian or
+TEM NO. I L,--
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
April 13, 2010.
Page 2 of 4
vehicle traffic. Additionally, a newsrack may be removed if the publication inside
displays offensive material that is visible to public view.
Proposed Changes to Existing Code
Staff has developed several proposed changes to the
are maintained at an acceptable level and are located
changes are underlined in the proposed ordinance
changes include the following:
• Offensive Material
code to ensure that newsracks
in appropriate locations. These
(Attachment 1). The proposed
The City's existing code includes provisions that define and prohibit the display of
offensive material in newsracks. Proposed changes have been developed to
broaden these restrictions.
• Installation Locations
The City's existing code includes guidelines explaining where a newsrack may
not be installed. Proposed changes have been developed to expand these
restrictions.
• Lack of Installation Standards for Newsracks
The City's existing code does not include a standard specification for the
installation of newsracks. Proposed changes include installation standards and
sidewalk replacement requirements (if sidewalks are damaged).
• Display Standards
The City's existing code is vague in display standards including newsrack color
and the removal/disposal of expired materials. This can lead to disposed
materials in City trash cans and littered in public areas. Proposed changes will
require the owner of the rack to remove all materials and dispose or recycle them
properly.
Maintenance Standards
The City's existing code is vague in maintenance standards including the need to
remove graffiti and keep newsracks free from trash. Unmaintained newsracks
conflict with the City's efforts to keep public right-of-way areas clean, graffiti-free,
and in good repair. Proposed changes will require specific language that
requires the owner of the rack to keep their unit properly maintained.
Notice of Removal and Appeals Process
The City's existing code does not have an appeal process available if a newsrack
is removed (if located in an unpermitted location or for displaying offensive
material). Further, the code requires that a public hearing be set if the owner
protests the removal of a newsrack. Proposed changes will establish an
administrative hearing and appeal process with the City Manager to review these
City Council Meeting
April 13, 2010.
Page 3 of 4
issues. If the newsrack remains unclaimed after 30 (thirty) days of removal, the
City will have the right to sell or dispose of the newsrack.
Priority Process
The City's existing code does not have an established priority process in place
for the installation of newsracks. In the event that a newsrack is removed, there
is no standard for prioritizing the next newsrack that will be installed in its place.
Proposed changes will establish a priority system based on 1) Status as a
newspaper distributed in Los Angeles County, 2) Status as a newspaper, 3)
Other publications.
Newsrack Permits
The City's existing code does not require a permit system for installing a
newsrack. As a result, there is only an informal inventory of newsracks and it is
difficult to monitor the units located in the public right-of-way. Proposed changes
will establish a permit system that allows staff to keep accurate track of units
placed in the public right-of-way. This process would be similar to other right-of-
way permits - excavations, encroachments, driveway approaches, etc.
Obtaining a Permit
The City's existing code does not require permits and therefore does not have an
established process to obtain one. Proposed changes will establish an
application form, proof of insurance requirement, a permit fee, permit issuance
and denial guidelines, and appeal guidelines if a permit is denied. This process
would be similar to the process used for other right-of-way permits. The
proposed fee for this permit is $20 and the permit would be good for a 2-year
period. This fee is cost recovery based including staff time involved in tracking
permits and monitoring newsracks in the field (Attachment 2).
Existing Newsracks
Newsracks are mainly located in public, high traffic commercial areas. Staff conducted
an informal inventory of existing newsracks in these commercial corridors (Attachment
3). According to this survey there are 63 total newsracks along Garvey Avenue and 60
newsracks along Valley Boulevard. The conditions of newsracks vary with the location.
Some of these newsracks are not in compliance with existing City regulations and
owners have either been contacted or newsracks have been removed. Attachment 4
includes pictures and a brief summary of some existing newsrack locations.
City Council Meeting
April 13, 2010.
Page 4 of 4
Implementation of Proposed Changes
If the proposed ordinance is adopted by the Council, the planned implementation of the
new regulations would occur as follows:
Council Review/Adoption:
2nd Reading of Ordinance:
Notification of Existing Newsrack Owners/:
Mail Permit Applications/Newsrack Information
Permit Application/Fee/Insurance Due:
April 13, 2010
April 27, 2010
April 28 - May 27, 2010
June 23, 2010
Enforcement of Ordinance Revisions: July 1, 2010
The proposed timeline provides newsrack owners approximately 2 (two) months to
distribute application permit applications and required materials and return these items
to City staff.
FINANCIAL REVIEW
Funding for enforcement and processing permits will be funded using the proposed
permit fee for obtaining a newsrack permit. These fees are intended to support the
operations of the newsrack program.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15304 (a) and (f) of the CEQA Implementing Guidelines.
This exemption covers projects involving minor alterations of land that do not have a
significant effect on the environment.
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
Submitted by:
Chris Marcarello
Deputy Public Works Director
Attachments:
(1) Ordinance 893 - Newsracks
(2) Proposed Newsrack Permit Fee/Cost Breakdown
(3) Newspaper Rack Inventory
(4) Photos of Existing Newsrack Conditions
NOW, THEREFORE, THE CITY_ COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
Chapter 12.12 NEWSRACKS
Sections:
12.12.010 Definitions.
12.12.020 Purpose and Intent
12.12.0230 Prohibitions.
12.12.040 Locations - Permitted
12.12.0850 Standards. For Display of Newsracks
12.12.0460 Standards for Maintenance. of Newsracks
12.12.0-5,60 iaeA._.t tiGR
12.12.0670 Notice of removal and/or storage and Appeal Provisions.
12.12.0780 Abandonment.
12.12.0890 Cumulative remedies.
12.12.100 Violation--Penalty.
12.12.110 Newsrack Priority
12.12.010 Definitions.
ORDINANCE NO. 893
As used in this chapter:
"Newsrack" means any self-service or coin-operated box, container, storage unit
or other dispenser installed, used, or maintained for the display and sale of newspapers
or news periodicals.
"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. Parkway shall also include any area within a roadway
which is not open to vehicular travel.
"Roadway" means that portion of a street improved, designed, or ordinarily used
for vehicular travel.
"Sidewalk" means any surface provided for the exclusive use of pedestrians.
"Street" means all that area dedicated to public use for Public Street purposes
and shall include, but not be limited to, roadways, parkways and alleys.
"Blinder rack" means a device attached to a newsrack that shields from view the lower
two-thirds of any material contained in the newsrack.
"Block" means one side of a street between two consecutive intersecting streets.
or his
"Coin operated" means any newsrack that provides periodicals at a charge.
"Display window" means any window located or utilized so as to exhibit or make a
presentation of merchandise, or any window located or utilized so as to give evidence to
the general public of the interior of a business establishment.
"Explicit sexual acts" means depictions of sexual intercourse, oral copulation, anal
intercourse oral-anal copulation, bestiality, sadism, masochism, or excretory functions in
members of the same or opposite sex or between humans and animals, or other acts of
sexual arousal involving any physical contact with a person's genital, pubic region, pubic
hair, breasts perineum, anus, or anal region.
"Minor" means any natural person under 18 years of age.
"Neutral in regard to color" means dull, or bland.
"Permanent newsrack" means a vending machine that is affixed to the ground, sidewalk
or improvements upon the right-of way by bolts or poles and not readily movable.
artistic political educational, or scientific value for minors.
"Person" means an individual, firm, partnership, corporation, or other legal entity.
"Public right-of-way" means any place of any nature which is dedicated to use by the
way, avenue boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare,
park square and other similar public way which is owned or held (whether in fee,
easement leasehold or other interest) by the City of Rosemead.
"Self-service" means any newsrack that provides periodicals at no charge and is not
coin-operated.
12.12.020 Purpose and Intent.
the public health, safety and
, maintenance, servicing and
A. Provide for pedestrian and driver safety and convenience;
B. Provide for disabled persons' safety, access and convenience;
street to the sidewalk, by persons exiting or entering parked or standing vehicles;
transportation;
G. Reduce unnecessary exposure of the City to personal injury or property damage
claims;
H. Provide for and maintain the freedom of speech for newspapers and periodicals using
newsracks for distribution; and
1. Eliminate poorly designed and constructed newsracks that are inadequately secured to
the underlying foundation being knocked down, repeatedly vandalized, and windblown
onto public streets.
provisions of this Chapter.
12.12.0320 Prohibitions.
A. Public Streets. No person shall install, use or maintain any newsrack 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.
B. Public Sidewalks. No person shall install, use or maintain any newsrack in 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 use, or when such newsrack unreasonably
interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally
parked 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, hydrants, mailboxes, or
other objects permitted at or near the location, or when such newsrack interferes with
the cleaning of any sidewalks by the use of mechanical sidewalk cleaning machinery.
Notwithstanding any other provision of this subsection, no newsrack shall be placed,
installed, used or maintained:
1. Within three feet of any marked crosswalk;
2. Within fifteen (15) feet of the curb return of any unmarked crosswalk;
3. Within three feet of any fire hydrant, fire call box, police call box or other
emergency facility;
4. Within three feet of any driveway;
5. Within three feet ahead of, and fifteen (15) feet to the rear of any sign
marking a designated bus stop;
6. Within three feet of any bus bench;
7. At any location whereby the clear space for the passageway of pedestrians is
reduced to less than six feet;
8. Within three feet of any area improved with lawn, flowers, shrubs or trees or
within three feet of any display window of 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. In any manner so as to obstruct or impede access to the sidewalk, of a
person going to or from an automobile.
10. At any location where the newsrack causes, creates, or constitutes a traffic
hazard;
11. At any location where the newsrack unreasonably obstructs or interferes with
access to, or the use and enjoyment of, abutting property;
12. Where the newsrack will unreasonably interfere with or obstruct the flow of
pedestrian or vehicular traffic on the street or highway;
13. Atop any vault or storm drain inlet;
pull boxes, catch basins, and sewer manhole covers;
15. Within 5 feet of a curb painted blue, pursuant to the provisions of California
Vehicle Code Section 21458;
16. Within 10 feet of any transit shelter;
17. Where placement interferes with the reasonable use or utility for display
purposes of any display window of any building abutting the sidewalk or
parkway, but in no event within 3 feet of such window;
18 .Within 1,000 feet of any elementary, junior high, high school site, or parks;
19. No portable newsrack may be placed upon the public right-of-way;
20. No newsrack may be chained, bolted or otherwise attached to any property
12.12.040;
21- No newsrack may be located directly opposite a newsstand or another
newsrack on the same side of a sidewalk or parkway;
22. No more than 8 newsracks may be located on any public right-of- way within
a space of 200 feet in any direction on a given block;
24. Where placement unreasonably interferes with the use of mechanical
sidewalk cleaning machinery, poles, posts, traffic signs or signals, mailboxes,
or government use.
25. This section does not apply to newsracks that are placed or projected upon
public highways and which are subject to the provisions of Section 12.12.040.
C. Offensive Material. No person shall place or keep in any newsrack which in whole or
in part rests upon, in or over any portion of a public sidewalk or parkway any publication
in such a manner as to expose to the public view any photograph of a person contained
within such publication displaying any of the following:
I
.groups is required to allow for pedestrian travel; or
1. The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic
hair region of any such person, other than a child under the age of puberty;
2. Any portion of the breast, at OF below the areela theFee , of any such female
person, other than a child under the age of puberty.
3. Any statements or words describing explicit sexual acts, sexual organs, or
excrement where such statements or words have as their purpose or effect
sexual arousal, gratification, or affront;
5. Display in Areas Where Minors Are Not Excluded-Harmful Matter Restricted.
D. Advertising. No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display sale or purchase of the newspaper or news
periodical sold therein.
(P-rieF cede § 6801)
separate the group from the next group.
the
not exposed to view.
12.12.040 Location-Permitted.
remaining sidewalk structure and must be done with approved equipment
designed for that purpose.
4. All sidewalk reconstruction work required as a result of the installation of a
newsrack by the permittee must conform to the latest edition of the Standard
Specifications for Public Works Construction as amended and adopted by the
City of Rosemead.
5. The permittee is responsible for the installation of the newsrack. All work
12.12.0530 Standards for Display of Newsracks.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk
or parkway, shall comply with the following standards:
A. Size. No newsrack shall exceed five feet in height, thirty (30) inches in width, or two
feet in thirakness depth.
B. Location. Newsracks shall only be placed near a curb or adjacent to the wall of a
building. Newsracks 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. Newsracks
placed adjacent to the wall of a building shall be placed parallel to such wall and not
more than six inches from the wall. No newsrack shall be placed or maintained on the
sidewalk or parkway opposite a news stand or another newsrack.
C. Attachments. No newsrack shall be chained, bolted or otherwise attached to any
property not owned by the owner of the newsrack or to any permanently fixed object
without the express permission of the owner of the property or object. NewsfaGk6 "
(18) iRGhe6 shall separate eaGh greup ef three RewsFaGks so attaE;hed. No newsrack or
group of attached newsracks allowed under this subsection shall weigh, in the
aggregate, in excess of one hundred twenty-five (125) pounds when empty.
(Prior code § 6802)
D. Permittee Display Information
Each Newsrack installed on public property shall display:
1. The permittee's name, address, and local area telephone number as required by
Business and Professions Code Section 17570;
2. The permittee's permit sticker; and
manner as it collects any other civil debt or obligation.
A local working telephone number to call to report a malfunction or to secure a
refund.
E. Additional Display Requirements
1. Each machine must be constructed of sturdy, corrosive-resistant materials.
2. Each machine must be colored in neutral hues of blue, green, white, or brown.
newsrack must display information on how to secure a refund in the event of coin
return malfunction. Such information must be placed in a visible location on the
front or top of the newsrack, and must be legible.
4. Each machine must have (a) display case(s) with a plastic window.
5. Every newsrack must be painted or covered with a protective coating, so as to
keep it free from rust and must be cleaned and repainted on a regular basis.
otherwise becoming litter. No wire or other open form of newsrack will be
permitted.
each newsrack may be affixed with a single sign or decal, no larger than eight
inches by ten inches, containing only information relating to the display, sale or
9. Newsracks may not have electrical service and may not be equipped with any
devices to emit light or sound.
10. Blinder Racks Required. Newsracks located in public places, other than public
sign or decal, the name and/or logo display may be up to 11 inches high.
owner or renter of such receptacle. Such material must be disposed of in a
manner that does not cause the material to become litter.
in front of the material so that the lower two-thirds of the material is not exposed
to public view.
12.12.0640 Standards for Maintenance of Newsracks.
1. Each newsrack shall be maintained in a clean, neat and attractive condition and
in good repair at all times. For example, without limitation every newsrack must
misshapen structural part
s
trash.
{P4ier sods § 6803)
or glass parts, and have no broken or unduly
Every newsrack must be kept free of graffiti and
OF 46 name, addFe6s and telephone numbeF affixed thereto in a plare wheFe
(1209F-sede §6804)
12.12.0760 Notice of removal and/or storage and Appeal Provisions.
A. Notice. If any public officer designated by the Gity a ;agef Public Works Director
determines that a newsrack is installed, used or maintained in violation of the provisions
of this chapter or that a newsrack displays offensive matter in violation of the provisions
of this chapter, he or she shall take reasonable steps to notify the owner thereof as
follows by phone (where phone number is known), by affixing a tag to the newsrack, and
by sending a written communication to the owner of the newsrack (where such
information is known). The following information shall be included in such notification:
1. That Tthe newsrack is in violation of the provisions of this chapter for reasons
set forth in the notice; and
2. That he owner must within one day of receipt of notice remove the
newsrack or the offensive matter; or
2. 3.- The owner must within one day of receipt of notice request the Gity
Managef Public Works Director to set a ptis hearing within five days to
determine whether the newsrack or the offensive
matter displayed within it violate the provisions of this chapter; or
If the permittee fails to properly correct the offending condition,
3. That 4.- Tthe PUbliG e#iser Public Works Director shall remove the newsrack
or the offensive matter and store it as provided in subsections B and C D of
this section. unless the owner- removes-the newsrack- or the offensive-matter
porsuaet-to &ubdw4s}or--1--o# -this--subsestieci-o"equeste-4he-pt"io hearing
pufsuaRt-te subdiv+sier► subsection.
2 of this B. Removal. After complying with the notice requirements provided for in subsection A
of this section, the publiG offisef Public Works Director shall remove the newsrack or the
offensive matter displayed within it unless the owner removes the newsrack or the
offensive matter displayed in it or requests the public hearing as provided in subsection
A of this section. If a hearing is requested and the City Managef Public Works Director
determines at the pubis hearing that the newsrack or the offensive matter displayed
within it violates the provisions of this chapter, the owner of the newsrack or the public
officer shall immediately remove the newsrack or the offensive matter displayed within it.
C.
D. Storage. If the pUblis Offisef-Public Works Director removes the newsrack or the
offensive matter displayed within it, he or she shall store the newsrack or such matter in
any convenient place desigRated by the y Manage f. The owner of the newsrack may
reclaim the newsrack or such matter from the officer within thirty (30) days of its removal
by him or her. Upon failure of the owner, following notice, to claim such newsrack or the
matter displayed within it and pay the expenses of removal and storage within thirty (30)
days after such removal, such newsrack or matter shall be deemed to be unclaimed
property in possession of the city and may be disposed of pursuant to law. The fee for
such removal and storage shall be fixed by the City Council by resolution.
in
claimant, without payment of any impound fee or, if an impound fee has previously been
paid, the impound fee shall be refunded.
Code $50050 to $50055 and other applicable laws when the decision to abate and
impound has been made.
FD. Special Procedure. In the case of violations of this chapter relative to: (1)
restrictions upon attachments of newsracks to property other than that owned by the
owner of the newsrack; or (2) to fixed objects or each other, or (3) upon location of
newsracks, any public officer designated by the City alter Public Works Director
may, as an alternate to the procedure specified in subsections A, Bl a-Rd C and D of this
section, remove such attachment and/or move such rack or racks in order to restore
them to a legal condition, after taking reasonable steps to notify the owner.
(Prior code § 6805)
G. Summary Abatement. Notwithstanding the provisions of this section, prior notice and
n (1
of such written notice.
the newsrack was lawful, the Public Works Director will order the newsrack to be
released and reinstalled without charge.
removal will be
required.
12.12.070 080 Abandonment.
In the event any newsrack installed pursuant to this chapter, is not serviced with
the publication it is designed to disseminate for a period of over seven days, the cCity
reserves the right to remove same pursuant to the procedure set out in Section
12.12.0760. For purposes of this section, abandonment shall include, but is not limited
to, circumstances where no publication is in the rack for a period of over seven days.
(Prior code §6806)
12.12.0980 Cumulative remedies.
permit. In such case, the City must proceed in the following manner:
The remedies set forth in Sections 12.12.0760 and 12.12.0780 for violation of the
provisions of this chapter are in addition to the penalties provided for in Chapter 1.16.
(Prior code § 6807)
"haFMful
matteF" shall utilize blinder FaGks to obliterate the lower hve thirds of the mateFoal so that
to the pFevailing standar46 iR the adult Gommunity a6 a whole with FeSpeGt tO what 06
GGieRtft value for FnwneF&-.
12.12.100 Violation--Penalty.
Violation of this chapter is a misdemeanor and is punishable by a fine of not more than
one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not
more than six months or by both such fine and imprisonment. Each day during any
portion of which any violation of any provision of this chapter is committed, continued or
permitted, constitutes a separate offense. The provisions of this Chapter will not limit any
other remedies authorized by law.
(Prior Gede § 6809 (part))
12.12.110 Newsrack Priority
1. First priority shall be given to newsracks used for the sale of publications
Division 7 Chapter 1 of the California Government Code. Within this
category:
b) Second priority shall be given to publications published two (2) to
four (4) days per week;
c) Third priority shall be given to publications published one (1) day
per week;
d) Fourth priority shall be given to publications published bimonthly;
e) Fifth priority shall be given to publications published monthly.
general circulation for Los Angeles County.
3. In the event that there is a conflict between newspapers within the same
priority seeking the same location, and there are insufficient newsrack
spaces remaining to accommodate the conflicting newspapers after first
The Public Works Director will place the names of all applicants for the remaining
representative.
r or the Director's designated
12.12.120 Newsrack Permit Required
12.12.130 Obtaining a Newsrack Permit
A. Newsrack Permit Application.
Upon receipt of a newsrack permit application and payment of the appropriate fee as
B. Indemnification.
The application must contain a provision by which the permittee agrees by signing the
applying for the remaining spaces until the remaining spaces at that
compliance with all of the provisions of this Chapter and the newsrack permit.
Applications for a newsrack permit for one or more newsracks must be made to the
Public Works Director on a form prescribed by the Public Works Director. The Form
must include all the requested information. Failure to submit a complete application form
may result in the denial of the permit application by the Public Works Director.
application that ff the permit is granted, he or she will indemnify and hold harmless,
nature (including attomey fees,) by reason of inlury sustained by any person, including
death at any time resulting therefrom, or by reason of loss, loss of use of, inlury to, or
this section;
C. Insurance.
Every permittee of a newsrack located upon the public right-of-way must secure and
D. Fee Required.
E. Issuance of Permit.
Manager in accordance with the appeal provisions set forth in this Section.
G. Appeal of Newsrack Permit Denial.
After receiving a notice of appeal, the City Manager or his or her designee will conduct
within 15 days after the date of the hearing. The decision of the City Manager shall be
final.
thereafter.
commencing on July 1 and expiring on
the City expiring on the second June
1. Newsrack Permit Renewal.
The newsrack permit may be renewed for periods of two fiscal years upon application,
as provided in this Chapter, and payment of the correct fee as established by resolution
of the Council.
J. Amendment to Newsrack Permit.
in
K. Revocation of Permit.
The failure to adhere to any of the requirements of the permit, including, but not
12.12.140 Rights Conferred
the subject property for the permitted purpose, subject to the provi
12.12.150 Transferability
No permit may be sold, transferred, or assigned by any permittee, or by operation of law,
to any other person unless and until the transferee obtains an amendment to the permit
revoke is transmitted by the Public Works Director or his designee to the permittee
and permittee is afforded a hearing and appeal right, consistent with the procedures
set forth in 12.12.070 for hearings and appeals for the removal of a newsrack. Any
permittee whose license is revoked shall be barred from applying for a new permit for
a period of one year.
from the Public Works Director stating that the transferee is now the permittee. The
application process for such a permit amendment will be the same as set forth in Section
12.12.130.
12.12.160 Nuisance
Any newsrack or any material in a newsrack placed, installed or maintained in violation
of this chapter will constitute a public nuisance and may be abated in accordance with
applicable provisions of law.
12.12.170 Expedited Review
ck ordinance) is exempt
The ordinance establishes regulations that will be followed in the issuance of ministerial
permits and in code enforcement activities.
successor statute or regulation.
SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court
Attachment 3
Newsrack Permit Fee
Inspection Costs
Monthly Inspection Time: 8 Hours
Annual Inspection Time: 96 Hours
Estimated Pay Rate: $35 per hour
Total Annual Inspection Cost: $3,360
Administrative Costs
Annual Administrative Time: 20 Hours
(Prepare and Send Approximately 200 Permits, Develop Permit Inventory)
Estimated Pay Rate: $25 per hour
Total Annual Inspection Cost: 500
Miscellaneous Costs
Mailing, Printing, etc.: 250
Total Estimated Costs: $4,110
Estimated Newsrack Inventory: 200 Racks
Permit Cost: $20 per year
NEWSPAPER STAND COUNT
Garvey Ave North Side South Side
New Ave to San Gabriel 31 16
San Gabriel to Walnut Grove 0 9
Walnut Grove to Garvey Bridge 0 7
TOTAL 31 32
Valley Blvd
Rosemead Blvd to Delta Ave
Rosemead Blvd to Temple City Blvd
North Side
12
21
33
South Side
20
7
TOTAL
27
Attachment 4 Photos of Existing Newsrack Conditions
Muscatel Avenue (across street from Lee's Sandwiches)
6 Newsracks
Graffiti, poor maintenance, some newsracks chained up and not bolted to
sidewalk, proximity near school
Attachment 4 Photos of Existing Newsrack Conditions
9300 Block of Valley Boulevard (in front of Royal Donuts/Fire Station)
Properly maintained newsracks
Attachment 4 Photos of Existing Newsrack Conditions
• 16 Newsracks
• Graffiti, poor maintenance, some newsracks chained up and not bolted to
sidewalk
• Broken front display (newsracks removed)
• Sexually oriented material without blinder racks
• Too many newsracks in a small area
Attachment 4 Photos of Existing Newsrack Conditions
Attachment 4 Photos of Existing Newsrack Conditions
7600 Block of Garvey (corner of Jackson/Garvey/across street from Garvey
Intermediate)
• Sexually oriented material without blinder racks
• Graffiti, poor maintenance