CC - Item 7C - 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 ?Aq
DATE: APRIL 27. 2010
SUBJECT: GUIDELINES FOR THE DISPLAY AND MAINTENANCE OF
NEWSRACKS - ROSEMEAD MUNICIPAL CODE SECTION 12.12
SUMMARY
On April 13, 2010, the City Council reviewed Ordinance No. 893, which approved
amending Section 12.12 of the Rosemead Municipal Code regarding the installation and
maintenance of newsracks.. The City Council also asked that two sections of the code
be removed, clarifying the description of 'offensive material' in section 12.12.030,
subsection C. These changes are included in the attached ordinance. Ordinance No.
893 is now before the Council at the required second reading for adoption.
Staff Recommendation
It is recommended that the City Council adopt Ordinance No. 893 at its second reading.
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 - Newsrack Guidelines
ITEM NO.
APPROVED FOR CITY COUNCIL AGENDA:
ORDINANCE NO. 893
AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
AMENDING CHAPTER 12 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO
THE PLACEMENT AND OPERATION OF NEWSRACKS ON CITY PROPERTY
WHEREAS, Newsracks on City sidewalks were sometime installed without City
oversight or preapproval, creating public safety hazards; and
WHEREAS, Newsracks in the City can become unsightly or obtrusive, contributing
to blight and causing a public nuisance; and
WHEREAS, increased conformity and public oversight of Newsracks should result
in a less obtrusive industry that creates fewer public nuisances,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rosemead hereby repeals the
existing Chapter 12.12 of the City of Rosemead Municipal Code, including all
amendments, revisions, and interpretations contained therein.
Section 2. The City Council of the City of Rosemead hereby adds new
Chapter 12.12 to the City of Rosemead Municipal Code to read as follows:
Chapter 12.12 NEWSRACKS
Sections:
12.12.010 Definitions.
12.12.020 Purpose and Intent
12.12.030 Prohibitions.
12.12.040 Locations - Permitted
12.12.050 Standards. For Display of Newsracks
12.12.060 Standards for Maintenance. of Newsracks
12.12.070 Notice of removal and/or storage and Appeal Provisions.
12.12.080 Abandonment.
12.12.090 Cumulative remedies.
12.12.100 Violation--Penalty.
12.12.110 Newsrack Priority12.12.120 Newsrack Permit Required
12.12.130 Obtaining a Newsrack Permit
12.12.140 Rights Conferred
12.12.150 Transferability
12.12.160 Nuisance
12.12.170 Expedited Review
12.12.010 Definitions.
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.
"Public Works Director" means the Public Works Director of the City of Rosemead or his
or her authorized designee.
"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
conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether
any of the above conduct is depicted or described as being performed alone or between
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.
"Harmful matter" or "material harmful to minors" means matter, taken as a whole, which,
to the average person applying contemporary statewide standards, appeals to the
prurient interest and is matter which, taken as a whole, depicts or describes in a patently
offensive way, sexual conduct and which, taken as a whole, lacks serious literary,
artistic, political, educational, or scientific value for minors.
"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.
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"Permittee" means the publisher or distributor, or custodian, clerk, employee, officer or
other person who, as an agent of the publisher or distributor, has applied for (applicant)
or been granted (permittee) an encroachment permit for a newsrack pursuant to the
provisions of this Chapter.
"Person" means an individual, firm, partnership, corporation, or other legal entity.
"Portable newsrack" means a newsrack that is not affixed to the ground, sidewalk or
improvements upon the right of-way by bolts or poles and is readily moveable.
"Public right-of-way" means any place of any nature which is dedicated to use by the
public for pedestrian and vehicular travel, and includes, but is not limited to, a street,
sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court,
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 purpose and intent of this Chapter is to promote the public health, safety and
welfare through the regulation of placement, appearance, maintenance, servicing and
insuring of newsracks on public rights-of-way so as to:
A. Provide for pedestrian and driver safety and convenience;
B. Provide for disabled persons' safety, access and convenience;
C. Restrict 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;
D. Provide reasonable access for the use and maintenance of poles, posts, traffic signs
and signals, hydrants, and mailboxes and access to locations used for public
transportation;
E. Eliminate newsracks which may result in a visual blight on the public
right-of-way, or which may unreasonably detract from the aesthetics of store window
displays, adjacent landscaping and other improvements;
F. Maintain and protect the values of surrounding properties;
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.
12.12.030 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;
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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;
14. Within 5 feet of light standards, trash receptacles, traffic signal control boxes,
public safety control boxes, mailboxes, water meters, gas meters, electrical
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
not owned by the owner of the newsrack except as permitted per Section
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;
23. No more than 5 machines may be located in a group without a space of 3
feet to separate the group from the next group. Where machines are adjacent
to the curb in locations where parking is allowed, a space of 6 feet between
groups is required to allow for pedestrian travel; or
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:
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1. The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic
hair region of any such person;
2. Any portion of the breast, of any such female person;
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;
4. Any picture or illustration depicting explicit sexual acts where such picture or
illustration has as its purpose or effect sexual arousal, gratification or affront.
5. Display in Areas Where Minors Are Not Excluded-Harmful Matter Restricted.
No person may knowingly display or cause to be displayed, in any public place
where minors are not excluded, any harmful matter as defined in Section 313.1
of the Penal Code unless such matter is displayed in newsracks equipped with
blinder racks affixed in such a manner that the lower two-thirds of the matter is
not exposed to view.
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.
12.12.040 Location-Permitted.
A. Newsracks that are located within the public right-of-way shall be located and
installed consistent with the requirements of Sections 12.12.030, 12.12.040 and
12.12.050 as interpreted by the Public Works Director. Where directed and permitted to
place a newsrack near the curb, the face of the newsrack must be between 18 and 24
inches from the curb face unless directed otherwise by the Public Works Director. Where
directed to place the machine near the property line, the back of the machine must be
within 3 inches of the property line unless directed otherwise by the Public Works
Director. No more than 5 machines may be located in a group, adjacent to the curb
where parking is allowed, without a space of 6 feet being allowed for pedestrians, to
separate the group from the next group.
B. Only permanent newsracks placed and maintained in compliance with the provisions
of this Chapter will be permitted upon the public right-of-way.
1. Mounts must be bolted in place in accordance with specifications on file in the
Public Works Department of the City and only at locations designated by the
Director of Public Works.
2. The alteration of existing sidewalk structures for the purpose of installing a
newsrack must be done in such a manner as to cause no damage to the
remaining sidewalk structure and must be done with approved equipment
designed for that purpose.
3. Portland Concrete Cement sidewalks must be replaced with the thickness of that
removed, but in no case less than 4 inches, and must be of the same color and
texture as the adjoining sidewalk. Damaged sidewalks must be replaced full
panel scoreline to scoreline; no partial panel repairs will be allowed.
4. All sidewalk reconstruction work required as a result of the installation of a
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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
undertaken is the sole responsibility of the permit holder. Damage resulting from
the installation of a newsrack must be repaired immediately by and at the
expense of the permittee. Failure to make required repairs will result in City
forces undertaking to make such repairs. The cost of repairs will be chargeable
as a civil debt to the permit holder and may be collected by the City in the same
manner as it collects any other civil debt or obligation.
12.12.050 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 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. 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.
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
3. 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.
3. All coin-operated newsracks must be equipped with an automatic coin-return
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device maintained in good repair and working order. Every coin-operated
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.
6. Every newsrack must be made of solid material on all sides, so as to contain the
material inside the newsrack in a manner as to prevent it from blowing away or
otherwise becoming litter. No wire or other open form of newsrack will be
permitted.
7. Other than the display of the publication contained therein, no newsrack may
display or be affixed with any words or pictures except for the identifying
information, and the coin return information, if applicable, provided that each side
of a newsrack may display, in characters no more than four inches high, the
name and/or logo of the publication contained in the newsrack, and the front of
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
distribution of the publication contained in the newsrack. If the newsrack is a
Sho-Rack K-100 or K-Jack KJ55 style, or equivalent (i.e., double-high), which
contains a built-in sign holder, the newsrack may be affixed with a sign that fits
within that holder, not to exceed 14 inches by 23 inches. If a newsrack has no
sign or decal, the name and/or logo display may be up to 11 inches high.
8. Old or out-of-date material removed from any newsrack by any person who
owns, maintains, or stocks the newsrack must be recycled or disposed of in a
lawful manner. Such material may not be disposed of in any trash receptacle
owned or rented by the City or others, without the express written consent of the
owner or renter of such receptacle. Such material must be disposed of in a
manner that does not cause the material to become litter.
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
places from which minors are excluded, and which display to the public view
harmful matter, must be equipped with devices commonly known as blinder racks
in front of the material so that the lower two-thirds of the material is not exposed
to public view.
12.12.060 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
be reasonably free of dirt and grease, be reasonably free of chipped, faded,
peeling or cracked paint, be reasonably free of rust and corrosion, have no
broken or cracked plastic or glass parts, and have no broken or unduly
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misshapen structural parts. Every newsrack must be kept free of graffiti and
trash.
12.12.070 Notice of removal and/or storage and Appeal Provisions.
A. Notice. If any public officer designated by the 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 the newsrack is in violation of the provisions of this chapter for reasons
set forth in the notice; and
2. 2. That the owner must within one day of receipt of notice remove the
newsrack or the offensive matter; or the owner must within one day of receipt
of notice request the Public Works Director to set a 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, That the
Public Works Director shall remove the newsrack or the offensive matter and
store it as provided in subsections B and D of this section.
B. Removal. After complying with the notice requirements provided for in subsection A
of this section, the 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 Public Works Director determines at the
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. Appeal After Hearing. Any person or entity aggrieved by a finding, determination,
notice, order or action taken under the provisions of this Chapter may appeal and must
be advised of his/her right to appeal to the City Manager. An appeal must be submitted
within ten (10) working days after receipt of the notice of any decision or action by filing
with the Public Works Director a letter of appeal, briefly stating therein the basis for such
appeal. The hearing will be held on a date no more than ten (10) days after receipt of the
letter of appeal. Appellant must be given at least five (5) days' notice of the time and
place of the hearing. The City Manager must give the appellant and any other interested
party a reasonable opportunity to be heard, in order to show cause as to why the
determination of the Public Works Director should not be upheld. Within five (5) days of
the hearing, the City Manager must make a written decision and notify the appellant in
writing of same. The City Manager's decision shall be final.
D. Storage. If the 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. 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.
D. Disposal. The Public Works Director or Director's designee may sell or otherwise
dispose of any newsrack so impounded, together with its contents, including money, and
deposit the proceeds, if any, from any such sale or other disposition, and any moneys
contained in said newsrack, in the City treasury, pursuant to California Govermnent
Code §50050 to §50055 and other applicable laws when the decision to abate and
impound has been made.
E. Return. If, after appeal, the impounded newsrack is found not to have been in
violation of this Chapter, the newsrack shall be returned to the permittee, or other
claimant, without payment of any impound fee or, if an impound fee has previously been
paid, the impound fee shall be refunded. %
F. 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 Public Works Director may, as an alternate to the
procedure specified in subsections A, B, 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
an opportunity to be heard will not be required prior to the removal of any newsrack that
is installed or maintained in such a place or manner as to pose an immediate threat to
persons, vehicles or property or any newsrack that is placed in any location without a
permit. In such case, the City must proceed in the following manner:
1. Within the next working day following removal, the Public Works Director will
notify by telephone the permittee or, in the case of an unpermitted newsrack, the
owner of the newsrack or a person whose name is shown on the required
identification. Within three (3) business days, the Public Works Director will send
written confirmation of the telephoned notice. The written confirmation must
contain the reason for the removal and the information supporting the removal,
and must inform the recipient of the right to request in writing within ten (10)
business days a post-removal meeting within four (4) business days of the date
of such written notice.
2. Upon timely request, the Public Works Director will provide a meting within 4
business days of the request, unless the requesting party agrees to a later date.
The meeting will be informal, but oral and written evidence may be submitted by
both sides. The Public Works Director will make a determination in writing within
2 business days after such meeting. If the Public Works Director finds that the
removal was proper, the Public Works Director will notify the requesting party to
pay any applicable penalties and costs and how to recover the newsrack. If the
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Public Works Director finds that removal was improper and that the placement of
the newsrack was lawful, the Public Works Director will order the newsrack to be
released and reinstalled without charge.
3. If the owner of an unpermitted newsrack cannot be determined and the newsrack
does not contain the required identification, no notice of the removal will be
required.
12.12.080 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 City
reserves the right to remove same pursuant to the procedure set out in Section
12.12.070. 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.
12.12.090 Cumulative remedies.
The remedies set forth in Sections 12.12.070 and 12.12.080 for violation of the
provisions of this chapter are in addition to the penalties provided for in Chapter 1.16.
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.
12.12.110 Newsrack Priority
A. The Public Works Director will process applications for placement of newsracks at
permissible available locations on a "first-come, first served basis"
B. In the event that there is not sufficient space to accommodate all of the newsracks
sought by persons to be placed at anyone location without violating the standards set
forth in this Chapter, the Public Works Director will assign these spaces as follows:
1. First priority shall be given to newsracks used for the sale of publications
which have established standing as newspapers of general circulation for
Los Angeles County, pursuant to the procedure set forth in Title 1,
Division 7, Chapter 1 of the California Government Code. Within this
category:
a) First priority shall be given to daily publications (published five (5)
or more days per week);
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.
2. Second priority shall be given to newsracks used for the sale of
publications which do not have established standing as newspapers of
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
filling as many spaces as possible by utilizing the criteria set forth above,
then the Public Works Director shall assign the space or spaces at
random by lot by drawing, one by one, the names of those applicants
applying for the remaining spaces until the remaining spaces at that
location have been filled. Such drawing shall be open to the public at a
time and date designated by the Public Works Director.
The Public Works Director will place the names of all applicants for the remaining
spaces at the particular location into a container from which the names will
be drawn, one at a time, until the remaining spaces at the particular location have
been filled. Such drawing must be open to the public at a time and date
designated by the Public Works Director or the Director's designated
representative.
12.12.120 Newsrack Permit Required
No person may keep or maintain a newsrack on or projecting onto a public right-of-way
unless and until a newsrack permit has been obtained from the Public Works Director for
each and every newsrack installed or maintained. No more than one permit shall be
required per applicant regardless of the number of newsracks the applicant maintains in
the City. Such permit allows a newsrack to be kept and to remain, provided it is in
compliance with all of the provisions of this Chapter and the newsrack permit.
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
described in this Section, the Public Works Director will determine whether the, permit, if
granted, will conform to all provisions of this Chapter. The provisions of this Chapter are
the exclusive requirements for newsrack encroachments onto public property in the City.
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.
B. Indemnification.
The application must contain a provision by which the permittee agrees by signing the
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application that if the permit is granted, he or she will indemnify and hold harmless,
protect, and defend the City, its elective and appointive boards, officers, agents, and
employees from and against any and all claims, costs, expenses, or damages of any
nature (including attorney fees,) by reason of injury sustained by any person, including
death at any time resulting therefrom, or by reason of loss, loss of use of, injury to, or
destruction of property, including consequential damages of any nature resulting
therefrom, arising out of the placement or maintaining of any newsrack by permittee
within the public right-of- way. Such indemnification shall be in a form approved of by the
City. Prior to issuance of a permit, applicant must present evidence of compliance with
this section;
C. Insurance.
Every permittee of a newsrack located upon the public right-of-way must secure and
maintain a policy of public liability insurance for injuries to persons or property
approximately arising out of accidents attributable to the placement of the newsrack
upon the right-of-way. This policy must provide insurance coverage amounts as required
by the Public Works Director. The policy is to name the City of Rosemead as an
additional insured. The policy of insurance must contain a contractual liability provision
covering the liability assumed by the permittee by the terms of the encroachment permit
and must contain a provision that such policy may not be canceled or modified except
after 30 days' notice in writing given to the Public Works Director. Certificates evidencing
this insurance must be submitted with the newsrack permit application and kept on file
with the Risk Manager for the City of Rosemead.
D. Fee Required.
No newsrack permit application will be complete unless accompanied by the fee as
established by resolution of the City Council.
E. Issuance of Permit.
A permit must be issued within 10 working days from the date of filing the application
with the Public Works Director if the application is properly completed and the type of
newsrack and location proposed for each newsrack meet the standards set forth in this
Chapter. A single permit will be issued for all newsracks applied for by an applicant who
meets the standards of this Chapter. Each permittee will be issued a pre-printed sticker
for each permitted newsrack, which must be affixed in accordance with Section
12.12.050.
F. Denial of Newsrack Permit.
If a newsrack permit is disapproved, in whole or in part, the Public Works Director will
notify the applicant within 10 working days from the date of the filing of a complete
application with the Public Works Director, explaining the reasons for the denial of the
permit. The applicant will have 10 days within which to appeal the decision to the City
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
an administrative hearing within 30 days of receipt of the applicant's appeal, unless
otherwise agreed to by the applicant. Written notice of the time and place of the
administrative hearing will be given to the applicant, and will be posted in the official
posting location of the City. The hearing will be informal, but oral and written evidence
may be given by both sides. The City Manager or designee will render a written decision
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within 15 days after the date of the hearing. The decision of the City Manager shall be
final.
H. Period of Newsrack Permit Validity.
The newsrack permit will be valid for two years, commencing on July 1 and expiring on
June 30 two years thereafter. Upon enactment of the Ordinance, the initial permit shall
be valid from the date of permit approval by the City expiring on the second June
thereafter.
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.
1. Each permittee or distributor has an ongoing duty to provide the City with current
information as set forth in Section 12.12.050 of this Chapter. In the event of change
in any of the information contained in the application, the permittee must submit
such change in writing to the Public Works Director within 30 days of the change.
2. A permittee may relocate an existing newsrack, and/or install and maintain
additional newsracks by an amendment to the permit. The rules and procedures of
this section will also apply to the review and approval of any such amendment.
Relocation and/or installation of newsracks will be subject to an Amendment to
Newsrack Permit fee as set forth by City Council resolution. (Changes to contact
information will not be subject to an Amendment to Newsrack Permit fee.)
K. Revocation of Permit.
The failure to adhere to any of the requirements of the permit, including, but not
limited to, the failure to install newsracks at approved locations, the failure to pay
permit fees, or the failure to maintain the required insurance, shall be grounds for
revocation of a permit. Such revocation shall be effective only after notice of intent to
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.
12.12.140 Rights Conferred
The approval of a location for a newsrack pursuant to the issuance of a permit will not be
construed as granting the permittee any right to, or interest in, the City owned property
or a public right-of-way. The rights conferred by this Chapter are merely a license to use
the subject property for the permitted purpose, subject to the provisions of this Chapter.
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
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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
Pursuant to California Code of Civil Procedure § 1094.8(c), and any successor statute or
regulation, the permits under this chapter are designated for expedited judicial review
pursuant to the procedure set forth in California Code of Civil Procedure § 1094.8, or any
successor statute or regulation.
SECTION 1: The Public Works Director will not be required to remove or cause the
removal of any existing newsrack from a public sidewalk or parkway by reason of the
failure of the owner to comply with the provisions of this Ordinance until 30 days from the
effective date of the Ordinance have first elapsed. Thereafter, the placement of such
newsracks must comply with all provisions of this Ordinance. The Public Works Director
is directed to send written notice, as soon hereafter as practicable to the owners of all
existing newsracks located on the public right-of-way in the City, of the content of this
Ordinance to be codified as Chapter 12.12
SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 3: The City Council finds that this project (newsrack ordinance) is exempt
from the provisions of the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that
there is no possibility, that this project will have a significant effect on the environment.
The ordinance establishes regulations that will be followed in the issuance of ministerial
permits and in code enforcement activities.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Rosemead's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to
be published or posted in accordance with California law.
SECTION 5: This Ordinance will take effect on the 30th day following its final passage
and adoption.
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PASSED AND ADOPTED this 27th day of April, 2010, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
GARY TAYLOR, MAYOR
ATTEST:
GLORIA MOLLEDA, City Clerk
JOSEPH MONTES, CITY ATTORNEY