Loading...
HomeMy WebLinkAboutOrdinance No. 2253 ORDINANCE NO. 2253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE BY INCLUDING A NEW CHAPTER 8 . 64 REGULATING THE INSTALLATION, USE AND MAINTENANCE OF NEWSRACKS ON CITY STREETS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS : SECTION 1 : The Azusa Municipal Code is hereby amended by adding Chapter 8 . 64 to read as follows : CHAPTER 8. 64 NEWSRACKS ON CITY STREETS SECTION 8. 64.010 DEFINITIONS For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended : (a) Newsrack means any self-service or operated box , container, storage unit or other dispenser installed , used , or maintained for the display and sale of newspapers or news periodicals. (b) Street means all that area dedicated to public use for public street purposes and shall include , but not be limited to, roadways, parkways, alleys and sidewalks. (c ) Roadway means that portion of a street improved , designed , or ordinarily used for vehicu- lar travel . (d) 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. (e) Sidewalk means any surface provided for the exclusive use of pedestrians. SECTION 8 .64.020 PROHIBITION OF NEWSRACKS ON ROADWAYS No person shall install , use or maintain any newsrack or other structure which projects into, onto or over any part of any 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. SECTION 8 .64.030 REGISTRATION REQUIRED (a) No person shall install or maintain any newsrack which in whole or in part rests upon, in or over any street without first registering the newsrack with the City and without otherwise complying with the provisions of this chapter. Such registration shall be in writing by the owner of the newsrack or his authorized agent, shall be filed with the Director of Community Development 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 to whom any notice pursuant to this chapter 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 registrant agrees to -2- 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 registrant with respect to the location, installation, maintenance or removal of the registrant' s newsracks; ( 4 ) A certificate of insurance evi- dencing that a liability insurance policy and a property damage insurance policy have been issued , naming the City as an additional insured , in an amount not less than one hundred fifty thousand dollars minimum liability per occurrence on account of personal injury ( including bodily injury) per person and four hundred fifty thousand dollars limit per occur- rence. The minimum for property damage shall be in the amount of ten thousand dollars. The evidence of insurance filed with the City shall include a statement by the insurance carrier that thirty days' written notice by certified mail will be given to the City before any cancellation of coverage . -3- SECTION 8. 64 .040 DANGEROUS CONDITION OR OBSTRUCTION No person shall install , use or maintain 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 govern- mental 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 said location. SECTION 8 .64.050 PROHIBITED AREAS No such 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 . The provisions of this section shall not prohibit the location of newsracks in a parkway or sidewalk in said zones, adjacent to a public building , exclusive of elementary, junior high and high schools , which is open to and used by the public. SECTION 8 .64.060 NEWSRACK SPECIFICATIONS Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following specifica- tions: -4- ( a) The newsrack shall not exceed sixty inches in height, thirty inches in width, or twenty-four inches in thickness ; (b) The newsrack shall not be chained , bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object; provided , however, the newsrack may be securely anchored to the ground or sidewalk; (c ) The newsrack shall be installed on a single or multiple pedestal-type or modular-type base ; provided , however, not more than four ( 4) newsracks shall be installed on any one base. SECTION 8.64.070 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 : (a) 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 inches nor more than twenty- four 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 newsstand or another newsrack. All newsracks must be level . (b) Notwithstanding the provisions of section 8 . 64.040 of this chapter, no newsrack -5- shall be placed, installed , used or maintained : (1 ) Within five feet of any marked crosswalk; ( 2 ) Within five feet of any curb return; ( 3) Within five feet of any fire hydrant, fire call box , police call box or other emergency facility; ( 4 ) Within five feet of any driveway; ( 5) Within five feet ahead of and twenty- five feet up the rear of any sign marking a designated bus stop; ( 6) Within six feet of any bus bench or transit advertising shelter; ( 7) 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. ( c) 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. . (d) Each newsrack shall be maintained in a clean, neat and safe condition and in good repair at all times. (e) Newsracks may be placed next to each other; provided, however, no group of newsracks shall extend more than fifteen feet along a curb or wall, and no such group of newsracks shall be located within five feet of any other group of newsracks. -6- SECTION 8.64.080 DISPLAY OF CERTAIN MATTER PROHIBITED Publications offered for sale from any newsrack , which in whole or in part rests upon, in or over any public sidewalk or parkway , shall not be displayed or exhibited in a manner which exposes to public view from the public sidewalk or parkway any of the following : (a) 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. (b) Any picture or illustration of less than completely and opaquely covered human genitals, pubic hair, pubic region, perineums, anuses , anal regions, the female breast below a point immediately above the top of the areola, and male genitals in a discernibly turgid state, even if completely and opaquely covered, where such picture or illustration has as its purpose or effect sexual arousal , gratification or affront. (c) Any picture or illustration depicting explicit sexual acts where such picture or illus- tration has as its purpose or effect sexual arousal , gratification, or affront. Explicit sexual acts , as used in this section, 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 -7- 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 act of sexual arousal involving any physical contact with a person' s genitals, pubic region, pubic hair, perineum, anus or anal region. SECTION 8 . 64.090 NEWSRACK IDENTIFICATION REQUIRED Every person or other entity which places or maintains a newsrack on the streets of the City of Azusa shall have his or its name , address and telephone number affixed thereto in a place where such information may be easily seen. SECTION 8. 64. 100 NEWSRACKS IN VIOLATION OF THIS CHAPTER (a) Whenever the Director of Community Developmentis advised that a newsrack has been installed or is being maintained in violation of this chapter, he shall so notify the person in whose name the newsrack is registered pursuant to Section 8 . 64.030. Such notice shall state the nature of the violation, the intention to impound the newsrack if the violation is not corrected or a hearing is not requested before the City Admin- istrator, or his designee , within ten days after the giving of such notice , and the procedure for requesting such a hearing . A timely request for a hearing shall stay any impounding , provided that if the violation is not corrected within five days after the decision at such hearing becomes final , the Director of Community Development may impound the newsrack in accordance with subsection (c ) . -8- (b) Notwithstanding subsection ( a) , in the case of violations of this chapter relative to restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, to fixed objects, or to each other, and upon location of newsracks, the Director of Community Development, or his designee , may, as an alternative to the procedure specified in Para- graph ( a) , move , align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition. (c) Whenever a newsrack is impounded pursuant to subsection ( a) , the newsrack shall be removed by the Director of Community Development` or his designee , and stored in any convenient place. The Director of Community Development) or his designee , shall notify the owner thereof by mailing a "notice of removal" to the last-known address of the owner. Such notice shall state the date the newsrack was removed , the reasons therefor, the location and procedure for claiming the newsrack , and the procedure for obtaining a post-removal hearing before the City Administrator or his designee , if desired. Any such newsrack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within forty-five days after such removal and upon the payment of reasonable charges of removal and storage therefor. Upon failure of the owner to claim such newsrack and pay the reasonable charges within forty-five days after the mailing of written notice of removal , such newsrack shall be -9- deemed to be unclaimed property in possession of the police department and may be disposed of . (d) Any newsrack in violation of the provi- sions of this chapter, which violation creates an immediate danger to the health or safety of the public , and which violation cannot be corrected by moving or otherwise repositioning the newsrack , 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 Director of Community Development, or his designee , shall notify the owner thereof by mailing a "notice of removal" to the last-known address of the owner. Such notice shall state the date the newsrack was removed , the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal hearing before the City Administrator, or his designee , if desired. Any such newsrack removed and stored pursuant to this subsection shall be released to the owner thereof if claimed within forty-five days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage . Upon failure of the owner to claim such newsrack and pay the reasonable charges within said forty-five day period , such newsrack shall be deemed to be unclaimed property in possession of the police department and may be disposed of . (e) Within ten days of the notice of viola- tion, or notice of removal of a newsrack summarily impounded , the person in whose name the newsrack -10- is registered pursuant to Section 8.64 . 030 , or other person who provides satisfactory proof of ownership, may request a hearing before the City Administrator, or his designee. The request shall be in writing , shall state the basis thereof , and shall be filed with the Director. The hearing shall be held within five working days of the filing of the request, unless con- tinued for good cause. At the hearing any person may present evidence or argument as to whether the newsrack has violated this chapter. Within two working days after the close of the hearing , the City Administrator, or his designee , shall render a decision in writing. Notice of the decision shall forthwith be given to the person who requested the hearing . ( f) All notices shall be sent by registered mail to the registrant at the address shown on the registration and at his last-known address. SECTION 8. 64. 110 REGISTRATION INDEX FILE The Director of Community Developmentshall keep and maintain an index file of all registrations effected under the provisions of this chapter. SECTION 8 .64 . 120 APPLICABILITY OF CHAPTER The provisions of this chapter shall apply to all newsracks, whether installed and maintained prior to or after the effective date of any of the provisions herein. Those newsracks installed prior to the effective date of any provision enacted hereunder shall be brought into compliance with said provisions within ninety days of the effective date thereof. -11- Any newsracks not brought into compliance within the aforesaid time period shall be deemed to be in violation of this chapter, subject to the notice and hearing provisions provided herein. The Director of Community Development shall notify all publications or distributors who, at the effective date of the ordinance codified in this chapter, have newsracks located within the City , of the enactment of this ordinance by mailing a copy thereof to each such distributor or publication. SECTION 8.64. 130 REMEDIES The provisions of this chapter providing for administrative remedies is hereby declared to be an alternative procedure to any other remedy provided by law. SECTION 2 : If any section, subsection, sentence , clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Azusa hereby declares that it would have passed this ordinance , and each section, subsection, sentence, clause and phrase hereof , irrespective of the fact that any one or more of the sections , subsections , sentences, clauses or phrases hereof be declared invalid or unconstitutional . SECTION 3 : The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. -12- Passed and approved this 7th day of January 19_5. v 7n404/W Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA I ADOPH SOLIS , CITY CLERK of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2253 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of December , 1984 . That, thereafter, said Ordinance was duly passed and adopted by the City Council of the City of Azuza at its regular meeting held on the 7th day of January 19$5 , by the following vote, to wit: AYES: COUNCILMEMBERS : COOK, CAMARENA, MOSES NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS: CRUZ, LATTA ADOL• SOLIS, C y Clerk -13-