STREETS, SIDEWALKS AND PUBLIC PLACES

Chapter 12.32
NEWSRACKS

12.32.010 Newsrack defined.

"Newsrack" means an unattended self-service or coin-operated dispenser used for the display and sale of newspapers or periodicals. (Prior code § 29-38)

12.32.020 Permit required for newsracks—application—condition—term—violation.

1. No person may install, use or maintain a newsrack upon a public sidewalk without a written permit. One permit may include any number of newsracks owned or leased by the permittee.
2. Application for a permit for a newsrack must be made to the director of public works, under the procedure stated below.
3. A permit may be issued for a newsrack without prior inspection of the location, but the use of the newsrack is conditioned upon observance of the requirements of this code.
4. A permit is valid for one year and may be renewed under the procedure for original applications.
5. Violations of the provisions of this chapter are subject to the administrative penalty provisions of chapter 1.10 (Ord. 07-1281, Sept. 2007)

12.32.030 Requirements and limitations.

A. No person shall install, use or maintain any newsrack 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 a roadway.

B. No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes, or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near said location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

C. Any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway shall comply with the following standards:

1. No newsrack shall exceed five feet in height, thirty (30) inches in width, or two feet in depth.

2. All newsracks shall have an automatic coin return.

3. Newsracks shall be placed only 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 another newsrack.

4. 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.

5. Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than eighteen (18) inches shall separate each group of three newsracks so attached.

6. No newsrack or group of attached newsracks allowed under subsection C(5) of this section, shall weigh, in the aggregate, in excess of one hundred twenty-five (125) pounds when empty.

7. No newsrack shall be placed, installed, used or maintained:

a. Within three feet of any marked crosswalk;

b. Within fifteen (15) feet of the curb return of any unmarked crosswalk;

c. Within three feet of any fire hydrant or other emergency facility;

d. Within three feet of any driveway;

e. Within three feet ahead of and fifteen (15) feet to the rear of any sign marking a designated bus stop;

f. Within three feet of any bus bench;

g. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet;

h. 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.

8. 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.

9. Each newsrack shall be maintained in a clean, neat condition and in good repair at all times.

10. Any person who places or maintains a newsrack on the streets of the city shall have his name, address and telephone number affixed thereto in a place where such information may easily be seen.

D. The number and placement of newsracks at specific locations shall be determined by the director of public works after taking into consideration the above standards.

E. Any newsrack which contains materials exclusively intended for adults only in accordance with Section 313 et seq. of the California Penal Code shall have the cover painted or be opaque. (Ord. 95-1125 § 10, 1995; prior code § 29-30)