HomeMy WebLinkAboutOrdinance No. 12-O5ORDINANCE NO. 12-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
REPLACING ARTICLE IV OF CHAPTER 62 OF THE AZUSA
MUNICIPAL CODE REGARDING NEWSRACKS
WHEREAS, the City of Azusa ("City") is empowered by California Constitution Article
XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the Public Works Department requires greater control of the public right of
way regarding newsracks in order to curtail unsightly graffiti and damaged newsracks and to
provide for a permitting system to track ownership of newsracks in the City; and
WHEREAS, the Public Works Department proposes to amend Article IV, Chapter 62 of
the Azusa Municipal Code to require newsrack permits in order to regulate newsrack locations
and establish stricter accountabilitly for newsrack owners to maintain and care for newsracks;
and
WHEREAS, the proposed amendments to Article IV, Chapter 62 will provide the Code
Enforcement Division with accountable parties to contact to ensure that newsracks are properly
maintained.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. RESTATEMENT. Article IV of Chapter 62 of the Azusa Municipal
Code is hereby deleted in its entirety and restated to read as follows:
"ARTICLE IV. NEWSRACKS
Sec.
62-121.
- Definitions.
Sec
62-122
— Purpose findings and applicability.
Sec.
62-123.
- Violation of article.
Sec
62-124.
- Permit required.
Sec.
62-125
- Registration index file.
Sec.
62-126.
- Remedies.
Sec
62-127
- Restricted on roadways.
Sec.
62-128.
—Not used.
Sec.
62-129.
- Prohibited areas.
Sec.
62-130.
- Specifications.
Sec.
62-131.
- Standards for maintenance and installation.
Sec. 62-132. - Display of harmful matter in newsracks; blinder racks, adult supervision.
Sec. 62-133. - Identification required.
Sec. 62-134. - Newsrack permit required.
Sec. 62-135. - Severability.
Sec. 62-136. — Fees.
See. 62-121. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
A. Dangerous condition or obstruction means installation, use or maintenance of any
newsrack which in whole or in part rests upon, in or over any public sidewalk or pathway when
such installation, use or maintenance endangers the safety of persons or property or which 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, including any legally marked 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.
B. Harmful matter has the meaning set forth in Section 313 of the California Penal Code,
or in any successor provision. It also means any 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, or scientific value for minors.
C. Newsrack means any self-service or self -operated box, container, storage unit, or
other dispenser placed, installed, used or maintained for the display and sale of newspapers,
news periodicals, magazines, other publications or any other written or pictorial matter or
materials, whether commercial, political, recreational or otherwise in nature.
D. Parkway means that area between the sidewalk 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. The term also includes any area within a roadway which is not open to vehicular traffic.
E. Public Works Director (means that person who serves as the City's Public Works
Director or his or her designee.)
F. Public Works Engineering Division means the group responsible for permit
administration of all activities within the City's public right of way.
G. Roadway means that portion of a street improved, designed or ordinarily used for
vehicular travel.
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H. Sidewalk means any surface provided for the exclusive use of pedestrians.
I. Street means all that area dedicated to public use for public street purposes and
includes, but is not limited to roadways, parkways, alleys and sidewalks.
Azusa.
Sec. 62-122. Purpose, findings and applicability.
This article shall apply to all newsracks within the municipal boundaries of the City of
A. As the City of Azusa has a substantial interest in promoting the public health, safety,
welfare and convenience of its citizens, businesses and visitors, the purpose of this
article is to regulate by enacting a reasonable time, place, and manner regulation,
regulating the placement, design, appearance, and servicing of publication vending
machines so as to:
(1) Protect against unreasonable impairment of the vision of motorists and
pedestrians, particularly small children;
(2) Protect against the neglectful servicing and maintenance of publication
vending machines resulting in unclean, dilapidated or broken newsracks that
create visual blight on the City's parkways and sidewalks, and detract from
the aesthetics of store window displays, adjacent landscaping and other
improvements; and
(3) Ensure compliance with the Americans with Disabilities Act and improve
passage for persons with disabilities by reducing impediments to passage
caused by poorly -located newsracks.
B. Based on the experience of City staff and an evaluation of newsrack regulation
options presented by City staff, the City finds and declares that the most effective
way to reduce the visual clutter and hazards associated with excessive numbers of
newsracks and their dangerous placement is to limit the number and locations of
newsracks installed in the City of Azusa.
C. In adopting this chapter, the City Council is mindful that newsrack regulations
implicate rights protected by the First Amendment of the United States Constitution
and Article I, Section 2 of the California Constitution. To that end, the City Council
hereby adopts these regulations and directs that their enforcement be conducted in a
manner consistent with the constitutional rights of citizens and regulated parties.
D. The City finds that excessive, poorly maintained or abandoned newsracks have
contributed and or may contribute to the congestion of City sidewalks, impede the
flow of pedestrian traffic, or interfere with the use of streets, sidewalks and public
rights-of-way such that they present hazards to persons and property and result in
substantial visual blight
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See. 62-123. Violation of article.
A. Notice. Upon knowledge that a newsrack has been placed or installed or is being
maintained in violation of this article, the Public Works Director shall so give notice
to the person in whose name the newsrack is registered pursuant to section 62-124.
Said notice shall state the nature of the violation(s) and .that the newsrack or
newsracks belonging to such person(s) will be impounded if the violation is not
corrected within a reasonable period of time as specified by the Public Works
Director or if a request for a post-removal hearing is not made within ten (10) days
after the giving of such notice. Such notice shall state the procedure for requesting
such a hearing before the City Manager and the procedures thereof. A timely request
for a hearing shall stay any impounding. If a hearing is had, and a finding that the
newsrack violated this article is made, if not corrected within five (5) calendar days
after such decision is rendered, the Public Works Director, may impound the
newsrack in accordance with subsection (C) of this section.
B. All notices shall be sent by registered mail to the registrant and the owner at the
address shown on the newsrack registration form pursuant to section 62-124 and at
their last known address.
C. Summary Correction. Notwithstanding subsection (A) of this section, without giving
any prior notice, the Public Works Director may immediately correct any violation of
this article related to the location of newsracks (sections 62-127, 62-129 & 62-131(1),
(2), (3).), restrictions upon the attachment of newsracks to property other than that
owned by the owner of the newsrack and to fixed objects or to each other (section 62-
130(2).), without impounding the newsrack as long as such correction can be
accomplished simply, easily, quickly and without expense in order to restore them to
a safe and legal condition.
D. Storage. Whenever a newsrack is impounded pursuant to subsection (A) of this
section, the newsrack shall be removed by the Public Works Director and stored in
any convenient place where other items of personal property confiscated in
connection with a City investigation or enforcement of this Code are stored. The
Public Works Director shall notify the person who according to the City's most recent
records, is the owner of the newsrack within a reasonable time, by mailing a notice of
newsrack removal to the owner's last known address. Such notice shall state the date
the newsrack was removed, the reasons for removal, the location of removal, the
procedure for claiming the newsrack, and the owner's option to request and obtain a
post-removal hearing before the City Manager and the procedure thereof.
E. Return of Impounded Newsracks. If no post-removal hearing is properly requested,
or alternatively, if a post-removal hearing is requested and at such hearing it is
determined that the newsrack when removed was in violation under this article, the
newsrack removed and stored pursuant to this section shall only be released to the
owner thereof if claimed within 45 days after the mailing of written notice of removal
or within 15 days after the final decision of the City Manager per a post-removal
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hearing, and upon the payment of reasonable charges of removal and storage fees.
Upon failure of the owner to claim such newsrack and pay the reasonable charges
with the 45 -day or 15 -day period, as appropriate, such newsrack shall be deemed to
be unclaimed property in possession of the City's police department and may be
disposed of in accordance with the City's policy of disposing of unclaimed property.
F. Summary Removal. Notwithstanding any other provisions of this chapter, any
newsrack in violation of this article, which creates a dangerous or hazardous
condition which immediately and seriously threatens the health or safety of the
public, as determined by the Public Works Director, and which violation cannot be
simply, easily, quickly and without expense be corrected, may be summarily removed
and stored in a convenient location so as to eliminate the danger to the health or
safety of the public. The Public Works Director shall notify the owner thereof by
mailing a notice of removal to the last known address of the owner within 30 calendar
days of the removal. Such notice shall state the date the newsrack was removed, the
reasons for removal, the location from where it was removed, the procedure for
claiming the newsrack and the procedure for obtaining a post-removal hearing before
the City Manager and the procedure thereof. Unless a hearing is requested and a
decision on the merits is rendered finding the newsrack was not maintained in such a
state as to be dangerous or hazardous and posing an immediate and serious threat to
the health or safety of the public at the time of removal, the owner of the newsrack
may claim the newsrack within 45 days after the mailing of written notice of removal
and upon the payment of reasonable charges of removal and storage thereof. Upon
failure of the owner to claim such a newsrack and pay the reasonable charges within
the 45 -day period, such newsrack shall be deemed to be unclaimed property in
possession of the City's police department and may be disposed of in accordance with
the City's policy of disposing of unclaimed property.
G. Post -Removal Hearing. Within ten (10) calendar days of the date on which the notice
of violation or notice of removal of a newsrack summarily impounded is sent by the
City, the person in whose name the newsrack is registered pursuant to section 62-124
or other person who provides satisfactory proof of ownership may request a hearing
before the City Manager. The request shall be in writing and addressed to the Public
Works Department at 213 E. Foothill Blvd, Azusa, CA 91702 and it shall state the
basis for requesting a hearing, and shall be filed with the Public Works Director. The
hearing shall be held within five (5) City working days of receipt of the request,
unless continued for good cause as may be reasonably determined by the Public
Works Director. At the hearing, any person may present evidence or argument as to
whether the newsrack has violated this article or whether the newsrack should be
returned without payment of an impound fee. Within two (2) City working days after
the close of the hearing, the City Manager shall render a decision in writing. The City
Manager may give oral notice of the decision at the close of the hearing or may send
notice of the decision by mail.
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See. 62-124. Permit required.
A. No person shall place, install or maintain any newsrack which in whole or in part
rests upon, in or over any street without first obtaining a newsrack permit from the
Public Works Engineering Division and without otherwise complying with this
article. One application may be submitted for multiple newsracks owned by one
applicant. An application for a permit shall be made upon the form required by the
Public Works Engineering Division and shall contain the following:
(1) The name, address and telephone number of the owner of the newsrack and
the name and address of the person whom any notice pursuant to this article
should be given.
(2) The location at which the newsrack is to be installed and maintained.
(3) An executed document, approved as to form by the City Attorney, by which
the owner of the newsrack agrees to indemnify and hold harmless the City,
its officers, employees and agents from any claim, demand or judgment in
favor of any person, arising out of activities or inactivities of the owner of
the newsrack, his officers, employees and agents with respect to damages to
persons or property arising from the location, installation, maintenance or
removal of the owner's newsracks.
(4) A certificate of insurance and endorsement form(s) evidencing that both a
liability insurance policy and a property damage insurance policy have been
obtained by the owner, naming the City and its officers, employees and
agents as additional insureds, in an amount not less than $150,000.00
minimum liability per occurrence on account of personal injury, including
bodily injury, per person and $450,000.00 limit per occurrence. The
minimum for property damage shall be in the amount of $1,000,000.00. The
policies shall also be endorsed to provide that the insurance carrier will give
the City 30 days written notice by certified mail before any cancellation of
coverage.
(5) If a newsrack will contain harmful material, the application shall contain a
separate written attachment containing all of the following:
i. A summary of Penal Code Sections 313.1 and 313.4 as they exist on
the date the application is submitted;
ii. A detailed description of how the newsrack will be "adult supervised"
and what precautions will be put into place to prevent access to the
newsrack by minors; and
iii. If tokens or special cards will be used to access the newsrack, a list of
the locations at which the tokens will be made available. The list of
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locations shall include the name of the residence or business location,
the address, the telephone number and the name of a contact person at
the location who shall be responsible for selling, distributing or giving
out the tokens or cards.
B. Each newsrack permit application shall be accompanied by a non-refundable annual
application fee.
C. Any application that complies with the requirements of this Code and any other
applicable county, state of Federal law shall be approved.
D. The owner of the newsrack(s) shall obtain a newsrack permit from the City annually.
Sec. 62-125. Registration index file.
The Public Works Director shall keep and maintain an index file of all newsrack permits
issued pursuant to this article.
Sec. 62-126. Remedies.
The provisions of this article providing for administrative remedies is hereby declared to
be an alternative procedure to any other remedy provided by law.
Sec. 62-127. Restricted on roadways.
No person shall place, install, use or maintain any newsrack in a location where the
newsrack or any part thereof projects into or onto any part of any roadway or any public street or
which rests wholly or in part upon, along or over any portion of the parkway of any public street.
Sec. 62-128. Not used.
Sec. 62-129. Prohibited areas.
No newsrack shall be placed, installed, used or maintained in a parkway or sidewalk
adjacent to property zoned residential, as such zone is defined in this Code, or within 300 feet of
any school, church, community gathering center, park, or public building if the newsrack will
contain harmful material. This section shall not prohibit the placement of a newsrack in a
parkway or sidewalk in such residential zones where the newsrack is on a parkway or sidewalk
directly in front of a public building which is open to and used regularly by the public, so long as
such public buildings are not elementary, junior high or high schools.
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See. 62-130. Specifications.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or
parkway shall comply with the following standards and specifications:
(1) The newsrack shall not exceed 60 inches in height, 30 inches in width or 24 inches in
thickness.
(2) The newsrack shall not be chained, bolted or otherwise attached to any property not
owned by the owner of the newsrack or to any object permanently affixed to the
public right-of-way; provided, however, that the newsrack shall be mounted so that
area from the ground surface to at least 16% inches above the ground surface remains
open to a significantly unobstructed view.
(3) The newsrack shall be installed on a single or multiple pedestal -type or modular -type
base; provided, however, that not more than four newsracks shall be installed on any
one base.
(4) The newsrack shall comply with such other requirements consistent with the
foregoing standards which the Public Works Director may reasonably determine are
necessary to protect the public safety.
Sec. 62-131. Standards for maintenance and installation.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or
parkway shall comply with the following standards:
(1) 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 18 inches nor more than
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. Newsracks shall not be placed or maintained on the sidewalk or parkway
opposite a newsstand or another newsrack. All newsracks must be level.
(2) No newsrack shall be placed, installed, used or maintained within the following
distances:
a. Five (5) feet of any marked crosswalk.
b. Five (5) feet of any curb return.
c. Five (5) feet of any fire hydrant, fire callbox, police callbox or other
emergency facility.
d. Five (5) feet of any driveway.
e. Five (5) feet ahead of and 25 feet to the rear of any sign marking a designated
bus stop.
f Six (6) feet of any bus bench or transit advertising shelter.
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g. Three (3) feet of any area improved with lawn, flowers, shrubs or trees or
three (3) 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.
h. Three hundred (300) feet of any school, church, community gathering center,
park, or public building if the newsrack will contain harmful material. This
section shall not prohibit the placement of a newsrack in a parkway or
sidewalk in such residential zones where the newsrack is on a parkway or
sidewalk directly in front of a public building which is open to and used
regularly by the public, so long as such public buildings are not elementary,
junior high or high schools.
(3) Newsracks may be placed next to each other; provided, however, no group of
newsracks shall extend more than 15 feet along a curb or wall, and no such group of
newsracks shall be located within five feet of any other group of newsracks.
(4) Newsracks shall be maintained in a clean, neat and safe condition and in good repair
at all times. Graffiti shall be removed within 48 hours of the time the Public Works
Director notifies the newsrack owner of the graffiti. If the newsrack is not properly
maintained within 48 hours, City staff will abate the newsrack at owner's expense.
(5) Newsrack locations shall comply with the latest accessibility requirements of the
Americans with Disabilities Act (ADA).
Sec. 62-132. Display of harmful matter in newsracks; blinder racks, adult
supervision.
A. Any newsrack which contains harmful material and which is located on a public
sidewalk, parkway, street or other publicly owned property shall have a blinder rack
attached in such a manner as to shield the harmful material from viewing by the
public in accordance with Penal Code Section 313(d).
B. Harmful material shall not be exhibited, displayed, sold or offered for sale in any
newsrack located in a public place without adult supervision, other than a public place
from which indoors are excluded. A newsrack shall be considered to be "supervised
by an adult" when either of the following measures are taken to restrict access to
harmful material by persons under 18 years of age: (1) the person receiving the
harmful material is required to use an authorized access or identification card to
access the newsrack and the owner of the newsrack has taken reasonable measures to
assure that the card is issued only to persons 18 years old or older and has established
a procedure to immediately cancel the card of any person after receiving notice that
the card has been lost, stolen or used by persons under 18 years of age, or that the
card is no longer desired; or (2) the owner of the newsrack requires the person using
the newsrack to retrieve the harmful material to use a token and takes reasonable
measures to ascertain that only those people who are 18 years of age or older obtain
tokens for the newsrack.
Sec. 62-133. Identification required.
Every person who places, installs or maintains a newsrack in any public location in the
City, including but not limited to, streets, sidewalks and parkways, shall have his/her name,
address and telephone number affixed thereto in a place where such information may be easily
seen.
Sec. 62-134. Newsrack permit required.
No person or custodian, whether as a principal or agent, clerk or employee, either for
himself/herself or any other person, or as an officer of any corporation or otherwise, shall place
or permit the placement of any newsrack in any location within the City, unless either the
publisher or distributor of the publication or the person placing the machine upon the sidewalk,
parkway, street or other public place, has a valid newsrack permit with the City of Azusa issued
pursuant to this Code, or otherwise is exempted from such requirement.
Sec. 62-135. Severability.
If any section, subsection, clause or phrase of this article or any part thereof is for any
reason held to be invalid, unconstitutional or enforceable by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portion of the
ordinance. The City Council hereby declares that it would have passed each section, subsection,
paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one ore more
section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
Sec. 62-136. Fees.
The fees provided for in this chapter shall be established by City Council resolution and shall not
exceed the City's actual administrative costs."
SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly, or indirectly.
SECTION 3. EFFECTIVE DATE. This Ordinance shall become effective thirty (30)
days after its adoption.
SECTION 4. PUBLICATION. The City Clerk shall certify the adoption of this
Ordinance and shall cause the same to be posted as required by law.
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PASSED, APPROVED, AND ADOPTED this 4`h day of September, 2012.
Jp4eph R. Rocha
Mayor
ATTEST:
Vera Mendoza U
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 12-05, was duly introduced and placed upon its first reading at a
regular meeting of the Azusa City Council on July 16, 2012 and that thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the Azusa City Council on the 4th day of
September 2012 by the following vote, to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Clerk
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