HomeMy WebLinkAboutCC AG PKT 2002-10-28 #M AGENDA REPORT
DATE: October 28, 2002
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: STATUS REPORT — NEWSRACK REGULATIONS
SUMMARY OF REQUEST:
Review "Preliminary Draft Newsrack Ordinance" and provide direction to City Staff.
Receive and File Staff Report.
BACKGROUND:
July 22 City Council Study Session re: Newsrack Regulations:
On July 22, the City Council held a study session regarding newsrack regulations. At
that time the Council received a presentation from staff and discussed the following
major policy issues that needed to be addressed in preparing a "preliminary draft"
revision to the Code regarding newsracks:
❑ Proceed with Revisions to current Code Requirements?
❑ What areas of the City should be subject to newsrack regulations?
❑ Shall the City own the newsracks?
❑ Should the City Establish Approved Design/Location Criteria?
❑ Uniform Design Standards
❑ Location Standards
At the July 22 Study Session staff indicated that based on direction on the above matters,
additional future steps as indicated below would be necessary to proceed with the
revision process:
❑ Completion of detailed field mapping of current newsrack locations, including
verification of compliance of each newsrack with current provisions of the Code.
❑ Preparation of revised "preliminary draft" regulations based on City Council
direction on the above - discussed issue points.
❑ Initiation of discussions with impacted publishers /distributors of publications
currently located within newsracks in the City to present City proposals, receive
comments and concerns, and revise "preliminary draft" regulations as determined
appropriate.
Agenda Item M
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Report.doc \LW\10 -24 -02
Status Report re: Newsrack Regulations
City Council Staff Report
October 28, 2002
❑ Provide updates to City Council as appropriate during the discussion process with
impacted publishers /distributors of publications.
❑ Conduct additional City Council study sessions as determined appropriate.
❑ Place the ordinance on the City Council agenda for Council consideration.
❑ Schedule a public hearing before the City Council to formally consider any
proposed revisions to the current Chapter 11B Code provisions.
At the conclusion of the Study Session, the Council indicated general concurrence with
the staff suggestions regarding these matters, requested staff to research other
architectural styles of newsracks, and directed staff to proceed with the future actions
discussed above.
Staff Actions since Study Session:
The City Attorney has prepared a "Preliminary Draft" ordinance pertaining to newsracks
that is attached as Attachment 1. This "Preliminary Draft" ordinance places into
ordinance format language the regulations regarding newsrack placement on public
property within the City, and reflects the direction provided by the City Council on July
22.
Staff has also initiated the detailed field mapping on the Main Street Specific Plan Area
that was indicated at the July 22 Study Session would be necessary to develop the final
location criteria for inclusion in the final ordinance. It is anticipated the field mapping
effort will be completed within 3 weeks and the results utilized to review the proposed
location criteria and revise those as appropriate, based on the results of the field mapping.
Staff has also reviewed newsrack ordinances from the cities of Arcadia, Calistoga,
Carmel, Fullerton, Glendale, Huntington Beach, Laguna Beach, Long Beach, Manhattan
Beach, Paso Robles, Santa Barbara, Santa Monica, and West Covina. The City is still
awaiting the provision of the requested information from the City of Monterey.
Future Actions to Occur regarding Newsrack Regulations:
It was indicated at the July 22 Study Session that the issue of newsrack regulations is a
controversial matter, and that the process would take anywhere from 6 to 15 months to
complete. It has been approximately 3 months and certain actions have been taken, and
still more are necessary. Staff is aware of the desire of the City Council to proceed in an
expeditious matter on the issue, and will devote more attention and resources to moving
the process along in a speedier timeline. However, there are other priorities of the City
Council and application processing constraints that will impinge on this matter.
Among the other issues staff is dealing with are:
❑ Potential Dissolution of the Redevelopment Agency — preparation of necessary
staff reports, consultant selection and oversight management.
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Newsrack Ordinance Status Report.CC Staff Report
Status Report re: Newsrack Regulations
City Council Staff Report
October 28, 2002
❑ Comprehensive Code Amendments — coordination with City Attorney and
preparation of side -by -side comparison tables.
❑ Preparation of the Boeing Specific Plan Draft Environmental Impact Report —
oversight management of consultant preparing the Draft EIR and review of
various technical reports.
❑ Heron Pointe Community Facilities District — oversight management of
consultants preparing all of the appropriate documents relating to creation of the
community facilities district.
❑ General Plan/Local Coastal Plan Update — oversight management of consultant
preparing the subject update document; staff support functions for council -
appointed advisory committee (introductory meeting scheduled for early
December); discussions with Coastal Commission staff regarding Coastal Act
concerns.
❑ Seal Beach Boulevard Rezoning Study — preparation for mid - November public
information meeting regarding proposed provisions to allow residential uses as a
stand -alone use. Current Code provisions only allow a residential use in
conjunction with a commercial use.
❑ Heron Pointe Coastal Development Permit Compliance Issue — participation in
various meetings with the Coastal Commission, the most likely descendent, John
Laing Homes, and the city - selected archaeologist regarding compliance with
coastal development permit requirements regarding archaeological resources on
the Hellman Ranch property.
❑ Redevelopment Agency Home Improvement Program Guidelines — coordination
with City Attorney and housing consultant in preparing program implementation
guidelines for the various home improvement programs approved by the Agency
in May. Program implementation guidelines for projects within the Seal Beach
Trailer Park are still undergoing development and legal review prior to
submission to the Agency for concurrence.
❑ Processing various development applications before the Planning Commission in
accordance with the provisions of the Permit Streamlining Act.
FISCAL IMPACT:
Proceeding with amendments to the current newsrack regulations or conducting an
enforcement action regarding the existing newsrack regulations will result in allocation of
staff and City Attorney resources not currently allocated for these work tasks. It is
unknown at this time as to the amount of staff resources that may be required to respond
to the direction of the City Council. It is estimated that the process discussed above to
complete this process will take between 6 to 12 months to complete.
RECOMMENDATION:
Review "Preliminary Draft Newsrack Ordinance" and provide direction to City Staff.
Receive and File Staff Report.
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Newsrack Ordinance Status Report.CC Staff Report
Status Report re: Newsrack Regulations
City Council Staff Report
October 28, 2002
NOTED AND APPROVED:
/
- Whittenberg Jo • t . Bahorski
Director of Development Service C anager
Attachment: Preliminary Draft — Newsrack Ordinance
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Newsrack Ordinance Status Report.CC Staff Report
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING CHAPTER 11B OF THE
CODE OF THE CITY OF SEAL BEACH x r f""
PERTAINING TO NEWSRACKS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN AS FOLLOWS: '`
Section 1. Chapter 11B (` Newsracks") of the Code o =fl 0„ Seal
is hereby amended to read as follows:
"Chapter 11B
NEWSRACKS
§ 11B-1 Purpose.
§ 11B-2 Definitions.
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§ 11B -3 Newsrack Permit. ,.
§ 11B -4 Placement Standards. t ` >1
§ 11B -5 Additional Standards for Main Stree(Specific Plan Area.
§ 11B-6 Operation Standards.. V
§ 11B-7 Summary Impoundnieiit:
§ 11B-8 Non- Summary Impoundment.
§ 11B-9 Administrative Hearing. .'
§ 11B -10 Return o ` po unded I ewsracks.
§ 11B -11 Dispos of4mpounded Newsracks.
§ 11B-12 gTransiiiOn Program
Section 11134.. NAPurpose.
Tlie; purposes of this chapter are to: protect pedestrian safety; preserve the
aesthetics of the 'city's sidewalk areas; facilitate distribution of publications through
n wsracks-"on:public property; and to mitigate the traffic hazards and visual blight that
the unregulated placement of newsracks on public rights -of -way.
Section 11B -2. Definitions.
For the purposes of this chapter, the words and phrases set forth in this section •
shall mean:
(a) Abandoned: Newsrack wherein no publication or the same publication has
been displayed for a period of at least 45 consecutive days.
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Ordinance No.
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Preliminary Draft -
October 28, 2002
(b) Block: Public right -of -way abutting on one side of a street and lying
between the two nearest intersecting streets or between the nearest intersecting street and
the termination of such public right -of -way.
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(c) City- approved newsrack models: All newsracks within the City no \ - ,,;,,W
t• ,9d
located within the Main Street Specific Plan shall be a pedestal style. The following $,$ °`
models are approved by the City:
(1) KJ -50 or KJ -100 models, manufactured by K -Jack; . `` ,..1
(2) TR -4916, TK -80, TK -84, Concourse, 80 Honor, aiid HT -94
models, manufactured by Sho -Rack; e.„,, ...
(3) M -15 or MF -15 models, manufactured by, nal ewsvend: or
(4) an equivalent model approved by the Director, ted' a color
equivalent to K -Jack Engineering Company "Mack Truck Green.
(Note: Approved Model Types to be reviewed by Ct after
consultation with the impacted publication providers.) is
(d) Curb: Raised edge adjacent to a roadway, between the sidewalk and the
roadway.
(e) Department: Public Works Depaittmen . _� -
(f) Director: Director of P blic,Works the designee thereof.
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(g) Driveway approach': Portion of a public right -of -way, including curb
returns or depressed curbs, pro ve hicular access to a private roadway, building or
other facility. ' ", ;. . ° ‘ti,:,,-?
(h) Explici exua1 act Depictions of sexual intercourse, oral copulation, anal
intercourse, oral- analcopulation; bestiality, sadism, masochism or excretory functions in
conjunction wi r exualactinty, masturbation, or lewd exhibition of genitals, whether
any of the above conductis depicted or described as being performed alone or between
members of the same or o pposite sex or between humans and animals, or any other act of
sexual i o sal involving any physical contact with a person's genitals, pubic region,
pubic hair; perineum, anus or anal region.
mo d,..
Atz' , (i) Main Street Specific Plan Area: Area described in the Main Street Specific
N>:-. (j) Newsrack: Self- service or coin - operated box, container, storage unit or
`o er dispenser installed, used or maintained for the display, sale or distribution of a
publication.
(k) Owner: Person to whom a newsrack permit is issued. For purposes of this
chapter, "owner" is synonymous with permittee.
Preliminary Draft Newsrack Ordinance (2) 2
Ordinance No.
Newsrack Ordinance
- Preliminary Draft
October 28, 2002
(1) Parkway: Area between the sidewalk and the curb of a street. Where there
is no sidewalk, area between the edge of the roadway and the property line adjacent
thereto. "Parkway" includes any roadway area that is not open to vehicular travel. ,erai X .,,
(m) Public right -of -way: Place of any nature that is dedicated to use by p, , e - \-4, v
public for pedestrian or vehicular travel, including without limitation: a street, sidewalk
venue � '
curb, gu tter /
intersection, parkway, highway, alley, lane, mall , court, way, �.� r'J ��,
boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, o
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any similar public way. A. ,,,e, V
(n) Roadway: Portion of a street improved, designed or ordinarily used for
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vehicular travel.
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(o) Sidewalk: Surface improved, designed or ordinarily usedt'for pedestrian
travel.
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(p) Street: As defined in California Vehicle € de f ection 590.
Section 11B -3. Newsrack Permit. k: -: -,.
(a) Requirement. No person shall newsrack on any public right -of-
way without first obtaining a newsrackkpermit for such newsrack.
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(b) Application. ppl ae ons for newsrack permits shall be filed with the
director upon a city- provided foiin: The shall be signed by the applicant and
shall contain the following infoxma ion:/
(1) ;, - a ddress and telephone number of the applicant and the
name, address, and tel number of a responsible person whom the City may notify
or contact�at any$ime c the applicant's newsrack.
*2) rand name of the newsrack and a description of how it will be
installed. 4-:
P 3) A precise diagram showing the proposed location for the newsrack
and location and number of all other newsracks existing on the same block.
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4 (4) The name of the publication to be contained in the newsrack.
r- (5) A city attorney - approved written statement obligating the applicant
to indemnify, defend, and hold harmless the city and its officers, employees and agents
against any and all claims, demands, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies that the city shall incur or suffer as a result of the
Preliminary Draft Newsrack Ordinance (2) 3
Ordinance No.
Newsrack Ordinance
Preliminary Draft .
October 28, 2002
applicant's newsracks. Such obligation shall include payment of interest, penalties and
reasonable attorneys fees.
(6) A certificate of endorsement evidencing that a comprehensive
liability insurance policy has been issued for the period of the requested newsrack permit
by an insurance company that both (i) is admitted and licensed to do business in the Sate- 4
of California; and (ii) is rated A or better according to the most recent A.M. Best Co.
Rating Guide. The policy limits of such insurance shall not be less than $1,000 00;00
combined single limit or equivalent. Such policy shall name the city as an
insured; shall specify that it acts as primary insurance and that no insurance held or
owned by the designated additional insureds shall be called u ont cov er*a�loss; and
shall contain a provision that no termination, cancellation or. change •of" coverage of
insured or additional insureds shall be effective until after 30 days notice theeof has been
given in writing to the director.
(7) Business License. Every applicant 'for a newsiack permit shall
present proof of receipt of a business license or proof of.application for such license.
(c) Fee. Each newsrack permit application - shad be accompanied by a
nonrefundable application fee. This fee shall be established by city council resolution
and shall not exceed the actual cost of procesginga newsrack permit application.
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(d) Approval or Denial. The'director shall, within 10 city business days of the
filing of an application, approve and• 'ssue4a ne' "wsrack permit if there are no grounds for
denial; otherwise the permit shall 1:6:clenielliv Notice of the approval or denial of the
permit shall be given to the applic in` .riting. If the application is denied, the director
shall attach to the notice a statement o• the reasons for the denial. The times set forth in
this section shall not be extended xcept upon written consent of the applicant.
(e) ' 'Grounds for Denral. The director may deny an application for a newsrack
permit fo any of the following causes:
(b) '' ailure to complete the application.
,, o . :(2)1'-
(2) Knowing submission of a fraudulent statement of material fact.
(3) Failure to comply with the placement or concentration standards of
this chapter.
(4) The proposed newsrack is not a city- approved newsrack model.
ie (5) Within 1 year prior to the date of the application, the city has
impounded a newsrack previously maintained by the applicant on the block listed in the
application.
Preliminary Draft Newsrack Ordinance (2) 4
Ordinance No.
Newsrack Ordinance
Preliminary Draft
October 28, 2002
(f) Term. Each newsrack permit shall be valid for one year from the date of
issuance unless revoked.
(., .,6
(g) Appeals. Any interested person may request an administrative hearing, %:
regarding the issuance, denial of issuance, renewal or denial of renewal of a news* k
permit. Such request much be filed in writing with the city clerk within 10 days a `er the `�
decision of the director. ; � .
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(h) Ongoing Duty. The Owner shall have an ongoing duty to provide th - C'ty
with current contact information in order to allow the Director to center t the O and
any representative or other responsible person during the term ,of the permit:) Any= failure
of the Owner to provide the Director with the current contact' information shall constitute
grounds for termination of the permit. Upon termination of any permit because of such
failure to provide the Director with current contact information, all newsracks covered by
the permit shall be deemed abandoned and may be impounded in accordance with
Section 11B -8.
(i) Location May Not Be Changed. Once a permit has been issued, the
location of a newsrack may not be changed without the Owner first obtaining a new
newsrack permit. Any newsrack that is"i relocated= without a new permit may be
impounded in accordance with Section 111341. `kz,
(j) Assignment/Transfel,:of Perm Each permit shall be issued only to the
Owner making the application and ma t.not be assigned or transferred to another person
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by the Owner. If any Owner assigned his permit to another, the permit will be deemed
revoked as of the time of thettempt � d assignment or transfer.
Section 11 B -4. ,,. Standards.
I ew sracks' =lo catedon public right -of -way within the City shall comply with the
following standards: R .„,e Y.
a) Newsracks within the City not located within the Main Street Specific
Plan;shail be a : pedestal style. The following models are approved by the City:
' KJ -50 or KJ -100 models, manufactured by K -Jack;
'- " (2) TR -4916, TK -80, TK -84, Concourse, 80 Honor, and HT -94
'F �, t� mode s, manufactured by Sho -Rack;
(3) M -15 or MF -15 models, manufactured by National Newsvend: or
t ,,. (4) an equivalent model approved by the Director, painted a color
"'equivalent to K -Jack Engineering Company "Mack Truck Green.
(Note: Approved Model Types to be reviewed by City Council after
consultation with the impacted publication providers.)
Preliminary Draft Newsrack Ordinance (2) 5
Ordinance No.
Newsrack Ordinance
Preliminary Draft
October 28, 2002
(b) Newsracks shall not be placed:
(1) Within 20 feet of any marked crosswalk; :.a ' =
(2) Within 20 feet of the curb return of any unmarked crosswalk;
(3) Within 15 feet of any driveway approach; (i) ".) r.
(4) Within 10 feet of any fire hydrant, fire call box, poliee°"call box.,
�K�
, or``
other emergency facility; 3
(5) Within 10 feet ahead of and 40 feet to thkrear of 4ignnarking
a designated bus stop;,,, :
(6) Within 10 feet of any bus bench or bugs shelter; r``
(7) Within 10 feet of any mailbox,<� tilityJ • ole, telephone pedestal or
any other permanent fixture located in the public right-of-way;:,,
Within three feet of any' "area iriiproved •with lawn, flowers, shrubs
or trees; ,,
(9) Within three feet of any display window of any building abutting
the sidewalk or parkway or in such a•ii anne• v impede or interfere with the reasonable
use of such window for display purposes;
(10) At an location.Mwhereby the clear space for the passageway of
pedestrians is reduced t s e s ,y, t four feet;
•x(11) Mkt any 4ocation whereby the clear space for the passageway of
pedestrians 's reduced to less than five feet for a length of more than thirty feet;
.'
1 Adjacent to or on the curb abutting any fire access lane;
•; ' (.13) Within the l of any portion of curb painted yellow, white or
,r± green. .
c ° Newsracks shall be placed between 18 inches and 24 inches from the curb.
• (d) No newsrack shall unreasonably interfere with or impede the flow of
p edestrian or vehicular traffic. p
(e) No newsrack shall interfere with the cleaning of any sidewalk by the use
of mechanical sidewalk cleaning machinery.
•
Preliminary Draft Newsrack Ordinance (2) 6
Ordinance No.
Newsrack Ordinance
Preliminary Draft
October 28, 2002
(f) No newsrack shall project into a roadway.
(g) No newsrack shall interfere with or impede ingress into or egress from any
residence or place of business. ea y .,„
i
(h) Notwithstanding the requirement to maintain clear passage for pedestri
and the disabled to less than 4 feet (48 inches), the Director may allow for minor"
exce exceptions, not exceeding ten (10) percent of any of the foregoing distance stand ds ', >�
P g ( )p Y g g 1
where a combination of physical factors unique to a particular location dictate tEiat stria,...) `
4117; FE adherence with the foregoing distance standards is not practical, and provid tha
clear that any such exception will not adversely affect the public hea =and ety. '
a l
Section 11B-5. Additional Standards For Main Street Specific Plan Area. '
'A
1. Purpose. , ,i
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4 (a) The City has developed a "Main Street Specifc Plan an d in conformance
with the adopted plan desires that all newsracks withflilthe -.Main Street Specific Plan be
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of a consistent design. It is the purpose of th (@ity Coiincil to strictly regulate the
location of newsracks in the Main Street Specific Flan Area so as to fairly and equitably
distribute the available newsrack spaces among, the distributors of newsrack materials
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regularly distributed within the Main Street Area.
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The City will- .install:.newsrack enclosures and/or newsracks designed to
contain up to 8 newsracks at location as set forth in Section 11B-5.2.
2. Concentration `' <k
4 � 6
Newsrack a closures andlor newsracks located on public right -of -way shall
comply with the following concentration standards:
(a) No more than 24 newsracks shall be located on any one block of Main
Street betweenfo :acific Coast Highway and Ocean Avenue. The maximum grouping of
newsraol a eac location shall be eight. There shall be a minimum 100 -foot separation
betwe .e installation.
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(b) No more than 4 newsracks shall be located on any one block of the
` ..northerlyrside of Ocean, each side of Central Avenue, each side of Electric Avenue, and
t .
r'-. r ` the southerly side of Pacific Coast Highway, between Main Street and the adjoining
.. alleys.
(c) At each location having two or more newsracks, the newsracks shall be
vertically stacked in groups of two.
Preliminary Draft Newsrack Ordinance (2) 7
Ordinance No.
Newsrack Ordinance
Preliminary Draft
October 28, 2002
(d) No newsrack used for the distribution of a particular publication shall be
placed, installed, used or maintained within a space of 200 feet in any direction of
another newsrack used for the distribution of the same publication on the same block.
This prohibition shall be inapplicable, and the director shall not deny a newsrack peniiit�
due to noncompliance with this prohibition, if the director finds that less than eight
newsracks have been located within a space of 200 feet in any direction on that blockea1
that location for a period of 60 days or more.
3. Uniform Design of City Owned Newsracks . , "
s..
Newsracks shall be the city- approved newsrack model, ownedand,installed by e
City. (PLEASE NOTE: IF ADOPTED AS CURRENTLY DRAFTED;; THETCITY
WILL OWN THE NEWSRACKS IN THE MAIN STRUT SPECIFIC PLAN
AREA. Quinn, can you elaborate as to what hose additional
provisions might generally entail ?) , .` of
4. Priority.
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(a) Location prioritization. x = eR
(1) The Director shall allgcateithe i wsrack enclosure spaces available
in the Main Street Specific Plan Area to..the'Owners ,, of newsracks legally located within
the Main Street Specific Plan Area in tlie'same n umber as existed as of July 22, 2002.
• ti
(2) The direc shall. newsracks by lottery in the event that
both (i) two or more publications seek the same location within a newsrack enclosure;
and (ii) there is insufficient space at the newsrack enclosure location to accommodate all
such publications. The lottery sh conducted by placing into a container the names
of all of the gpplican�`d ts an dra-win names from the container one at a time until the
number of available newsrack spaces at the newsrack enclosure location reaches zero.
_:
The director; shall "give adyance written notice to the applicants of the time and place of
the lottery, and shall a w members of the public to witness the lottery.
(b 'Height prioritization. In determining which publications shall be
permitted: in, the upper newsrack space at a particular newsrack enclosure location for
which demand for upper newsrack space exceeds supply, the director shall approve
At ,-
$applicati ons on a first -come, first - served basis.
1' 5. Fees.
(a) There shall be an annual permit fee established by the City Council in an
amount sufficient to recover the actual costs of constructing, maintaining and replacing
the newsrack enclosures, and Owners shall equally share in those costs which support and
display their approved newsrack display location.
Preliminary Draft Newsrack Ordinance (2) 8
Ordinance No.
Newsrack Ordinance
• Preliminary Draft
October 28, 2002
(b) An additional fee shall be paid to recover the actual costs of the printing of
identification decals for each permitted newsrack display within the newsrack enclosure.
pi, k
(c) These fees are in addition to the business license fee as established, in 4)),,
Chapter of the Code of the City of Seal Beach.
Section 11B-6. Operation Standards. _
Newsracks located on public right -of -way shall comply with the following
operation standards: $ '
(a) Each newsrack shall have conspicuously affixed thereto the ame, address
and telephone number of the owner thereof. ' •
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(b) Each newsrack shall have conspicuously a . xed thereto .the annual permit
tag issued by the department.
(c) No newsrack shall be abandoned:, If a ne is determined to be
abandoned for more than thirty (30) consecutive hays the Direc or may give notice to the
owner to remove the newsrack. If the newsrac'klis notemovedor again placed in service
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as a newsrack within fourteen (14) days of e no � �ce� the Director may remove and store
the newsrack pursuant to Section 11B -8 and 1 - :.1
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(d) The liability i required` by this chapter shall not be reduced or
cancelled. N**
(e) No newsra k shall contain an advertising sign. Notwithstanding the
preceding, the name and ogo of the publication distributed in a newsrack may be
stenciled
f ) uponthe front and back of such newsrack. .„.4.2,,e-
.No newsrack shall be chained, bolted or otherwise attached to any
property without the express written permission of the owner of such property.
Notwithstanding .: e' preceding, each newsrack shall be bolted to the sidewalk upon
which it.is maintained unless it is vertically stacked upon another newsrack pursuant to
this chapte
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" g) Each newsrack shall be maintained in a clean and neat condition and in
. ood repair at all times. The owners of vertically stacked newsracks shall be jointly
ti : responsible for maintenance of the shared components of such newsracks. Occurrence of
y of the following conditions on a newsrack shall constitute evidence that the newsrack
is not being maintained in a clean and neat condition or in good repair:
(1) Graffiti.
Preliminary Draft Newsrack Ordinance (2) 9
Ordinance No.
Newsrack Ordinance
Preliminary Draft
October 28, 2002
(2) Broken or unreasonably misshapen structural components.
(3) Cracks, dents or discoloration of the display window.
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(4) Substantial accumulation of dirt, grease rust or corrosion.
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(5) Substantial amount of chipped, faded, peeling, or cracked paint
„„
(6) Substantial amount of tearing, peeling or fading of any riapp7libj 66
cardboard parts or inserts of the newsrack. `"•' A
ss i�
(h) Publications offered for sale in the newsrack shall not fi displayed or
exhibited in a manner that exposes to public view from any /public right-awac any of
the following:
(1) 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. '
(2) Any picture or illustration of pubic hair, perineum, anus
or anal region of any person where such pictule7 i11i stration1ias as its purpose or effect
sexual arousal, gratification or affront.
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(3) Any picture or, illustration depicting explicit sexual acts where
such picture or illustration has as its purpose or effect sexual arousal, gratification or
affront. • . J
Section 11 B -7. Surnh n y m oundment.
The c irectod4i ay sumniarily impound any newsrack that poses an imminent
danger to edestr! ns 01 ehic5les. On the day of such impoundment, the department shall
send the 0 ; er identified on the newsrack written notice of the seizure and the
opportunity for,,an administrative hearing. If the owner files a written hearing request
with the c1 y" cleii )within 10 days of such notice, then the city manager shall conduct an
administrative hearing regarding the propriety of the summary impoundment.
11B -S. Non - Summary Impoundment.
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''Whenever any newsrack is found to be in violation of this chapter, but the
. violation does not present an imminent danger to pedestrians or vehicles, the department
shall affix a notice of violation tag upon such newsrack and shall send a written notice of
violation to the owner identified on the newsrack. The notice shall state the nature of the
violation and shall indicate that failure to correct the violation or to file a written hearing
request with the city clerk within 10 days may result in impoundment of the newsrack.
The director may impound such newsrack if the owner has not corrected the violation or
Preliminary Draft Newsrack Ordinance (2) 10
Ordinance No.
Newsrack Ordinance
• Preliminary Draft
October 28, 2002
filed a written hearing request within the allotted period. If the owner files a timely
written hearing request with the city clerk, then the city manager shall conduct an
administrative hearing regarding the existence of the violation.
g
Section 11B -9. Administrative Hearing. '., <t : : .
(a) The city manager shall be responsible for conducting administrative''
hearings related to the implementation of this chapter. This responsibility may, rio�'t: ,,, Ny
be
delegated.
10 (
xa
(b) In addition to other matters designated in this chapter ry , ;.� ` ' :- .:
(c) The city manager shall conduct an administratim hearing and `take the
matter under submission for decision no later than 15 city busftiess�days$ollowing the
timely filing of the request for hearing, unless the requestor and owr eer- (if different than
the requestor) consent in writing to an extension. At least '0 days prig to such hearing,
written notice thereof shall be mailed to the requestor, an :9'owner (if different than the
•:� , p y
requestor).
' a..s
(d) Administrative hearings shall be conducted in accordance with procedures
established by the city manager. All parties involy shall have a right to: (1) offer
testimonial, documentary and tangible evidence bearing on the issues; (2) be represented
by counsel; and (3) confront and cross =examine witnesses. Any relevant evidence may
vet
be admitted that is the sort of evidence upon which reasonable persons are accustomed to
rely in the conduct of serious affairs. Any hearing under this paragraph may be continued
for a reasonable time for the con ev niencef a party or a witness.
(e) The city ,, anager, within 10 city business days from the conclusion
of the administrative :heari g, render a written decision supported by findings. The time
period set forth in t14,:section hall not be extended except upon written consent of the
requestor and the:.owner` :(i - different than the requestor). The decision of the city
manager'sfiall be final. Notice of the decision and a copy thereof shall be mailed to the
requestor andnie owner (if different than the requestor). Such notice shall contain the
substance o� ' the Tollowing statement: "You are hereby notified that the time within
which judicial review of this decision may be sought is governed by California Code of
Civil'Proeedu"` Section 1094.8."
f ` i Section.l'IB -10. Return of Impounded Newsracks. y
t r.,
(a) Newsracks that have been summarily impounded shall be returned to the
owner without charge if a timely hearing request was filed and the city manager
' determined that the seizure was improper. Otherwise such newsracks shall be returned
upon payment of the impound fee and filing of a written request therefore within 30 days
of the date of the seizure or, if applicable, the date of the city manager's administrative
hearing decision upholding the seizure.
Preliminary Draft Newsrack Ordinance (2) 11
Ordinance No.
Newsrack Ordinance
Preliminary Draft .
October 28, 2002
(b) Newsracks that have been non - summarily impounded shall be returned to
the owner upon payment of the impound fee and filing of a written request therefore
within 30 days of the date of the seizure.
(c) The amount of the impound fee shall be set by city council resolution. " ",.),
Section 11B-11. Disposal of Impounded Newsracks. '-
'�
The department may sell or otherwise dispose of any newsrack provided tha .oth
(i) 30 days have elapsed since the impoundment or city manager decision affirming the
impoundment; and (ii) the owner of the newsrack has failed to pay the impound £ee: The
proceeds of such disposal shall be deposited in the city's general " d. i °
Section 11B-12. Transition Program. ,' - ,
Owners of newsracks lawfully placed on public right -of -way as of the effective
date of Ordinance No. shall have 60 daysrf such date to re -apply for a
newsrack permit for each such newsrack and to bring Mk, approved newsrack into
compliance with this chapter. Thereafter, any newsrack not in compliance shall be subject
to summary impoundment and disposal as appu((h kit l 1B -7 and 11B -12."
Section 3. Severability. Lf �se
any ction, subsection, subdivision, sentence,
clause, phrase, or portion o£. this Ordinan e, 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> emaiiiing`portions of this Ordinance. The City Council
hereby declares that it would "have ado ted this Ordinance, and each section, subsection,
subdivision, sentence, clause, p portion thereof, irrespective of the fact that any
one or more sections, subiections s o ubdivisions, sentences, clauses, phrases, or portions
thereof be declared in alid or unconstitutional.
A. ' .
Section 4. , Violations and Penalties. Each person violating any provision
of this Ordinance is guilty of a misdemeanor punishable by a fine not to exceed one
thousan dollars •imprisonment for a term not exceeding six months, or by both.
t r
Section•S. The City Clerk shall certify to the adoption of this Ordinance and
,',;^ sh - •l; cause the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
• , 2002.
Preliminary Draft Newsrack Ordinance (2) 12
Ordinance No.
Newsrack Ordinance
• Preliminary Draft
October 28, 2002
Mayor
City of Seal Beach
ATTEST:
4 ftv
City Clerk
" 4 - •ff
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do "ereby certify that
the foregoing Ordinance is an original copy of Ordinance Number on file in the
office of the City Clerk, introduced at a meeting held oniZie„ day of
, 2002, and passed, approved 'aird‘glopted by the City Council
of the City of Seal Beach at a meeting heldiorithe day of
, 2002 by the following vo,We
AYES: Councilmembers
NOES: CouncilmembersA,
i ABSENT: Councilmembt
N';:,
ABSTAIN: ', rt Counmpmbepe
and do herebyirth er certify that Ordinance Number has been published pursuant
to the SiaRieacliCity Charter and Resolution Number 2836.
rCity Clerk
Preliminary Draft Newsrack Ordinance (2) 13