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HomeMy WebLinkAboutCC Ord 1510 2004-01-12 1 1 I' ORDINANCE NO. jJic; AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER lIB OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO NEWSRACKS The City Council ofthc City of Seal Beach does ordain as follows: Section!. Code Amendment. Chapter lIB ("Newsracks") of the Code of the City ofSeall3each is hereby amended to read as follows: "Chaptcr 1113 NEWSRACKS ~ lIB-I ~ IIB-2 ~ IIB-3 ~ IIB-4 ~ IIB-5 ~ IIB-6 ~ IIB-? * IIB-8 * 118-9 ~ 118-10 * lIB-II Purpose. Definitions. Newsraek Pennit. Placement Standards Additional Placement Standards - Main Street Specific Plan Area. Oper~tion Standards. Summary Impoundment. Non-Summary Impoundment. Administrative Heating, Retul11 of Impounded Newsracks, Disposal ofhnpounded Newsracks, Section lIB-I P ureose. The purposes of this chapter are to: protect pedestrian safety; preselve the aesthetics of the city's sidewalk areas; facilitate distribution of publications through newsracks on public property; and to mitigate the traffic hazards and visual blight that can result from the unregulated placement of news racks on public rights-of-way, Section II B-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 30 consecutive days. (b) Block: Public right-of-way abutting on one side of a street and lying between the two nearest intersecting strcets or between the nearest intersecting street and the tcnllination of such public tight-of-way. (c) City-approved newsrack model and pedestal: Model series MIOO, M50, or a model that the director deems equivalent in size and appearance to the M I 00 or M50, painted II color cquivalent to wood gruin brown, mounted on a 16 1/2" standanl pedestal placed on a 10" X 10" pad, The director has the discretion to allow different colors outside the Main Street Specific Plan area. (d) roadway. Curb: Raised edge adjacent to a roadway between the sidewalk and the (e) Deoartment: Department of Public Works (I) Director: Director of Public Works or the designee thereof. Ordinance Number "~t7 (g) Drivewav approach: Portion of a public right-of-way, including curb returns or depressed curbs, providing vehicular access to a private roadway, building or other facility. ' (h) Exolicit sexual acts: Depictions of sexual intercoursc, oral copulation, anal intercourse, oral-anal copulation, bcstiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is dcpicted or describcd as being perfonncd alone or betwcen members of the same or opposite sex or between humans and animals, or any other act of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region, 1 Plan, (i) Main Street Specific Plan Area: Area described in the Main Street Specific U) Newsrack: Self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of a publication. (k) Ncwsrack Area: An arca designated by the City for the placement of newsracks within the Main Street Specific Plan Area. (I) Owner: Person to whom a newsrack permit is issued, For purposes of this chapter, "owner" is synonymous with permittee. (m) Parkwav: Area between the sidewalk and the ciJrb ofa 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. (n) Pre-existinl! Publications: Publications that on December I, 2003: were located in newsracks that complied with the newsrack location and placement standards set forth in the Code of the City of Seal Beach as such standards existed immediately prior to the effective date of this Ordinance; and which were placed in such location pursuant to a validly issued newsrack pennit and City business license. 1 (0) Public rieht-of-wav: Place of any nature that is dedicated to use by the public for pedestrian or vehicular travel, including without limitation: a street, sidewalk, curb, gutter, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square or any similar public way. (p) Roadwav: Portion of a street improved, dcsigned or ordinarily used for vehicular travel. (q) Sidewalk: Surface improved, designed or ordinarily used for pedestrian travel. (r) Street: As defined in California Vehiclc Codc Section 590. Section II B-3 Newsrack Penllil. (a) Rcquirement. No person shall plaee a newsrack on any public right-of- way without first obtaining a newsrack permit for such newsrack. I (b) Application. Applications for newsrack permits shall be filcd with the director upon a city-provided form, The application shall be signed by the applicant and shall contain the following infonnation: (I) Name, address and telephone number of the applicant. Ordinance Number ~~ (2) A precise diagram showing the location proposed for the newsrack and the location and number of all other newsracks existing on the samc block. (3) Brand namc of the ncwsrack and a description of how it will be installed, 1 (4) The name of the publication to be contained in the newsrack. (5) A city attorney-approved written statement obligating the applicant to indemnify, defend, ami hold hannless 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 suITer as' a result of the 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 pennit by an insurance company that both (i) is admitted and licensed to do business in the State 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 $1,000,000.00 combined single limit or equivalent. Such policy sh~ll name the city as an additional insured; shall specify that it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss; and shall contain a provision that no tennination, cancellation or change of coverage of insured or additional insureds shall be effective until after 30 days notice thereof has been given in writing to the director. (7) Business License. Every applicant for a newsrack pennit shall present proof of receipt of a business license or proof of application for such license, I (c) Fee, Each newsrack pennit application shall be accompanied by a nonrefundable application fee. This fee shall be established by city council resolution and shall not exceed the actual cost of processing a newsrack pennit application. (d) Approval or Denial. The director shall, within 10 city business days of the fiiing of an application, approve and issue a newsrack pennit if there are no grounds for denial; otherwise the pennit shall be denied, Notice of the .approval or denial of the pennit shall be given to the applicant in writing. If the application is denied, the director shall attach to the notice a statement of the' reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant. (e) Grounds for Denial. The director may deny an application for a newsrack pennit for any of the following causes: (I) The following grounds for denial shall apply to all applications: (A) Failure to complete the application, (B) Knowing'submission of a fraudulent statement of material fact. 1 (C) Failure to comply with the provisions ofthis chapter, (2) In addition to the grounds specified in sub-paragraph (I) above, the director may deny.an application for placement of a newsrack within the Main Street Specific Plan Area if the proposed location of the newsrack is a location at which no newsrack space is available due to the issuance of newsraek pennits to other persons pursuant to Section IIB-5, Ordinance Number ~~~ (t) Term, Each newsraek permit shall be valid for three years from the date of issuance unless revoked. A newsraek owner shall submit an application for renewal at least IS days prior to the expiration of the owner's newsrack pennit. (g) Appeals, Any interested person may request an administrative hearing regarding the issuance, denial of issuance, renewal or denial of renewal of a newsrack permit. Notwithstanding the preceding, no administrative hearing shall be held regarding the denial of a newsrack permit for a newsrack space within the Main Street Specific Plan Area if the denial was based on the lottery, A request for an administrative hearing must be filed in writing with the city clerk within 10 days after the decision of the director. 1 Section II B-4 Placement Standards Newsraeks located on public right-of-way shall comply with the following placement standards: (a) Newsracks shall not be placed: (I) Within 20 feet of any marked crosswalk, (2) Within 20 feet of the curb return of any unmarked crosswalk. (3) Wi!hin IS feet of any driveway approach, (4) Within 10 feet of any fire hydrant, fire call box, police call box or other emergency facility. (5) Within 5 feet ahead of and 25 feet to the rear of any sign marking a designated bus stop, (6) Within 10 feet of any bus bench or bus shelter. 1 (7) Within 10 feet of any mailbox, utility pole, telephone pedestal or any other permanent fixture located in the public right-of-way, (8) Within three leet of any area improved 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 manner as to impede or interfere with the reasonable use of such window for display purposes. (10) At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet. (II) At any location whereby the clear space tor the passageway of pedestrians is reduced to less than five feet for a length of more than thirty feet. (12) Adjacent to or on the curb abutting any fire access lane, (13) Within the limits ofany portion of curb painted yellow or white. 1 (b) Newsraeks shall be placed between 6 inches and 24 inches from the curb at the sole discretion of the Director, (c) No newsrack shall unreasonably interfere with or impede the flow of pedestrian or vehicular trallic. (d) No newsrack shall unreasonably interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery, Ordinance Number ~" (e) No newsrack shall project into a roadway. (f) No newsrack shall unreasonably interfere with or impede ingress into or egress from any residence or place of business. Section 118-5 Additional Placement Standards - Main Street Soecific Plan Area. I (a) Concentration. The director shall detennine the locations within the Main Street Specific Plan Area of ncwsracks on the public right-of-way and shall mark such locations on a map that is available to the public on request. In determining such locations, the director shaH adhere to the following concentration standards: (I) No more than 24 newsracks shall be located on anyone block of Main Street between Pacific Coast Highway and Ocean Avenue. The maximum grouping of news racks at each location shall be eight. There shall be a minimum IOO-foot separation between each grouping, (2) No more than four newsracks shall be located on anyone block of the northerly side of Ocean; each side of Central Avenue; each side of Electric Avenue; and the southerly side of Pacific Coast Highway, between Main Street and the adjoining alleys, (b) No person shall place or maintain a newsrack in the Main Street Specific Plan area except in one of the City designated areas. (c) Pennit Process, (I) Except as provided in sub-paragraph (2) below, the director shall approve applications on a first-come, first-served basis. I (2) Where two or more publications seek the same' location for a newsrack and there is insutlicient space at the location to accommodate all such publications, the Director shaH aHocate newsrack pennits in accordance with the following process, No publication shall be eligible for more than one newsrack pennit per newsrack grouping where demand exceeds supply. (a) Prioritv shaU be given to Pre-Existing Publications, In the event demand by Pre-Existing Publications exceeds supply at any particular location, the Director shaU adhere to the foUowing criteria: ' I. Pre-Existing Publications oreviously located at that location have priority. Where demand by publications seeking to stay in the same location exceeds 'supply at that location, the Director shaU assib'll the desired location: a. First to daily publications published at least five days a week ("daily publications"), , b, Second to weekly publications published between one and four days per calendar week ("weekly publications"), c. Third to monthly publications published between one and three days per calendar month ("monthly publications"). I 2. Pre-Existing Publications not oreviously located at the desired location will be given prioritv based uoon the criteria in I a-c. In the event two or more Pre-Existing Publications seeking to relocate to the same location have the same level of priority, the Director shall assign the desired location to the publication that was located in closest proximity to the desired location. (b) AU Other Publications, As between publications that are not Pre-Existing Publications, the Director shall adhere to the foUowing criteria: I, First priority shaU be given to daily publications, 2, Second priority shall be given to weekly publications, 3. Third priority shaU be given to monthly publications, Ordinance Number ~~ (c), Location and space assignment by lottery. The Director shall approve newsracks by lottery in the event that both (i) two or more publications having the same level of priority seek the same location or space for a newsrack; and (ii) either there is insufficient space at the location to accommodate all such publications, or two publications are seeking the same space in a particular designated area. The lottery shall be conducted by placing into a container the names of all of the applicants having the same level of priority and drawing names from the container one at a time until the number of available newsrack spaces at the location reaches zero, The Director shall give advance written notice to the applicants of the time and place of the lottery, and shall allow members of the public to witness the lottery. The"initiallottery shall be held on a date 30 days after the effective date of this Ordinance, I 3, Space Request. The applicant shall indicate on the application its preference for a particular space in the designated area, (d) Permit Renewal. If a newsrack in the Main Street Specific Plan Area is abandoned during the pennit tenn, or if the newsrack pennit for that space is not renewed at the expiration of the term, then the newsrack permit for that newsrack space shall be re-allocated pursuant to paragraph (c) above. The pennittee who abandoned the newsrack or failed to renew the newsrack permit shall not be eligible to participate in the re-allocation process: (e) Authoritv of Director. The director may promulgate policies necessary or convenient for the administration of this Section. Section lIB-6 Ooeration Standards. Newsracks located on public right-of-way shall comply with the following operation standards: (a) Each newsrack shall be the City-approved newsrack model and pedestal. 1 (b) Each newsrack shall have conspicuously affixed thereto the name, address and telephone number of the owner thereof. .<c) Each newsrack shall have conspicuously affixed thereto the annual permit tag issued by the department. (d) (e) cancelled, No newsrack shall be abandoned, The liability insurance required by this chapter shall not be reduced or (t) No newsrack shall be used for an advertising or publicity purpose, other than that dealing with the display, sale or purchase of the newspaper or other publication distributed therein. In addition, the name and logo of the publication" distributed in a newsrack may be stenciled upon the front and back of such newsrack. (g) No newsrack shall be chained, bolted or otherwise attached to any property without the express written pennission of the owner of such property. Notwithstanding the 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 chapter. 1 (h) Eaeh newsrack shall be maintained in a clean and neat condition and in good repair at all times. The owners of vertically stacked newsracks shall be jointly responsible for maintenance of the shared components of such newsracks. Occurrence of any 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: (I) Gratliti. (2) Broken or unreasonably misshapen structural components. Ordinance Number /51" (3) Cracks, dents or discoloration of the display window. (4) Substantial accumulation of dirt, b'fease rust or corrosion. (5) Substantial amount of chipped, faded, peeling, or cmcked paint. (6) Substantial amount of tearing, peeling or fading of any paper or cardboard parts or inserts of the newsrack. 1 (i) Publications offered for sale or distribution in the newsrack shall not be displayed or exhibited in a manner that exposes to public view from any public right-of- way any of the following: (I) Any statements or words describing explicit sexual acts, sexual organs or excrement where such statements or words have as their pUIpose or effect sexual arousal, gratification or affront. (2) Any picture or illustration of genitals, pubic hair, perineum, anus or anal region of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront. (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. Section 11 8-7 Summary Impoundment. The director may summarily impound any newsrack that poses an imminent danger to pedestrians or vehicles, On the day of such impoundment, the department shall send the owner 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 city clerk within 10 days of such notice, then the city manager shall conduct an administrative hearing regarding the propriety of the summary impoundment. I Section 11 8-8 Non-Summary Imooundment. 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 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, The director may impound such newsrack two days after the city manager's administrative hearing decision if the decision confirms the existence of the violation and the owner has not corrected the violation. Section IIB-9 Administrative Hearin!!. (a) The city manager shall be responsible for conducting administrative hearings related to the implementation of this chapter. This responsibility may not be delegated. I (b) The city manager shall conduct an administrative hearing and take the matter under submission for decision no later than IS city business days following the timely filing of the request for hearing, unless the requestor and owner (if different than the requestor) consent in writing to an extension. At least 10 days prior to such hearing, written notice thereof shall be mailed to the requestor and owner (if different than the requestor). (c) Administrative hearings shall be conducted in accordance with procedures established by the city manager. All parties involved 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 Ordinance Number ~~t' 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 convenience of a party or a witness. (d) The city manager shall, within 10 city business days from the conclusion of the administrative hearing, render a written decision supported by findings, The time period set forth in this section shall not be extended except upon written consent of the requestor and the owner (if differeni than the requestor), The decision of the city manager shall be final. Notice of the decision and a copy thereof shall be mailed to the requestor and the owner (if different than the requestor). Such notice shall contain the substance of the following statement: "Vou are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.8." 1 Section IIB-l 0 Return ofImpounded Newsracks. (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 detennined 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. (b) Newsracks that have Deen 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 118-11 Disoosal ofImoounded Newsracks. 1 The department may sell or otherwise dispose of any newsrack provided that both (i) 30 days have elapsed since the impoundment or city manager decision affinning the impoundment; and (ii) the owner of the newsrack has failed to pay the impound fee. The proceeds of such disposal shall be deposited in the city's general fund. " Section 2. Transition Prol!ram. Owners of newsracks lawfully placed on public right-of-way as of the effective date of this section shall have 60 days from the date of the lottery to rc-apply for a newsrack pennit for each such newsrack and to bring each approved newsrack into compliance with this chapter, Section 3. Severabilitv. If any section, subsection, subdivision, sentence, 1;l1ause, phrase, or portion 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 ofthis Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 4. The City Clerk shall certifY to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. 1 , APPROVED AND ADOPTED by the City Cou~Wfthe City of Seal a meeting thereof held on the h - day of . 2004. Ordinance Number /~&> I STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } " I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number /.5/~ on file in the o~the Ci~ Clerk, introduced at a meeting thereof held e eo day of .11""'- t,V , 2003 and was passe~ approved nd pted by the City Council at a meeting thereof held on the ~ - day of 2004 by the following vote: ABSENT: Councilmember AYES: Councilmembe NOES: Councilmcrnbe I ABSTAIN: Councilmembe And do hereby further certify that Ordinance Number l.!i" has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Cil)l I I, Ordinance Number ~~t' \ PROOF OF PUBLICATION (2015,5 C.C.P.) STATE OF CALIFORNIA, .,~ County of Orange.. ...,. ... ~ {:'~\ -- : : ...,.) ( i '-~:i I am a citi.zen qf the tJr.li~.3.'~ta~~ and a resident 0f,~he ~QUf.\ty' af~r. said; I am over tl;Et~.Q.er?{;fil!9~ . en years, and not a pa~tooAfi er- _J ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not ~maller than nonpareil), has been published in each regular and entire issue of said newspaper and not. in any supplement thereof on the following dates, to-wit: This space is for the County Clerk's Filing Stamp I Proof of Publication of ............................................... Dated at Seal Beach, CA, this " I day of ~, 2003. ............................................... SUMMARY. ORDINANCE NUMBER 1610 . NEWSRACKREGULAnONS Ordinance Number 1510 of the City of Seal Beach amends Chapter 11 B of the Municipal Code pertaining to newsracks, the purpose of the Chapter IS to protect pedestrian aalety. pre- Barye the aesthetics 01 the City sidewalk areas. facilitate dlItri- buUon of publications through neWSfBcks on public property, and to mitigate trafflc hazards and vlaual blight that can result from the unregulated plEICSfJIBnt ofn_onPlA>llcrig/ltHll. ~rdlnance Number 1510 es.1n part, nBWBrBCk per- mits, placement standard, tor the Main Street Spealne Plan orea end nori,MoIn Slreot Spe- cifiC Plan area, operation stan- dards, Impoundment. elc. The Ordinance does not controJ Ihe~ IocaIJon. mmber, or size 01 nBW&- racks placed on prfvete proper- ly whleh Is en Issue bolwoon tho private property owner and the sJJ8Clflc publlcaffons. Ordlnsnce Numbsr 1510 was Introduced 81 tho regulor City Council mooting of Novombor llJ1h, 2OlXIond IInri -,ngwu~bytholcl, lowing vole:. ",YES: Antos, Campbell. Doana.larson, Yo&t NOES: None Motion carried . Ordinance Number 1510 wfll be COnsld818d for second ",ad- Ing end ado!lUon at the regular meeting of Oecember S, 2003. Copies of Ordinance Number 1510 are aY8l1able from the office of the City Clerk. City HaU, 211 - 8th Street, Seal Beach; tele. phOI18 (562) 431-2527 - - - DATED THIS 161h doy 01 Novernber, 2003. (.Ignod) _ JoaMe M Yso, City Clerk . City of Seal Beach . , Pub. Seal Beach Sun Journal 11/27/2003 1 II ,- 27 - O'?:> all in the year 2003. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature PUBLICATION PROCE~SED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I Ordinance Number ;I~~ , PROOF OF PUBLICATION (2015,5 C,C,P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA, County of Orange 1 I am a citizen of the United States and a resident of the cQunty afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on tne following dates, to-wit: Proof of Publication of ............................................... ............................................... I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. - SUMMARY-ORDI_ NANCE NUMBER 1510 _ ' NEWSRACK REGULATIONS o.r""""'Nlmler 1510 01 the City 01 Seal Beach amends Chapter 11 B of the Municipal CodB perlalnlng 10 118W8racks, the purpose of the Cheptar Is to pro-. teet pedestnan safety I preserve the oeoIh_ 01 Ihe City e_ areas, facllllate dlslrfbubon 01 pubfrcations through n8WllIracks on pubic: property, end 10 m_ trafflc hazards and visual blIght thai can result from the unregu- lated placement of new8racks on JllbIicrighls-of-way. 0_ Number 1510 addresses,ln part, newsrBck permIts, placement standards for the Mam Street Spec/trc PIon.,.. end non-M... Street SpeCIfIC Plan areB, oper~ allan standards, Impoundment elc. The Ordinance does noi controJ the locatron, number. or SIZe of newsracks placed on prl- vale property which Is an Issue between the private property owner and the specJflC publlca- Uons, Ordinance Number 1510 was l'e-Introduced at the ragular CIlyCounaI_oI~-. 8U\ 2003 and first reading was approved by the following vote, - AYES' Antos, Campbell. Doal1e. larson. Yost, . NOES None -MoIlon' c8rried Otdlnance Number 1510 Will be considered for second read- , Ing end adoption at the regular: - meeling' of J~~-ua;Y 12, 2004~' , Copielf ~ Ordmanee Number 1510areiiveJleblelromlhe_ 01 the City Cle~ Hen, 211 - Blh SIleeI, SeeI leIephone (562) 431-2527, - DATED THIS 10th day 01 ,.. December, 2003" " . ~_ , Joanne M. Yea, City Clerk :.:: ., Clty_QISeeJijeach __ ' .: /": Pub. S'eal BeaM Sun Journal '," ',I21!&I2C<,l3. :-"~, - - I ~Z-7"'~ -()~ all in the year 2003. I Dat~d ~t Seal Beach, CA, this I day of ,OeCQ.I'l1bev ,2003, ~- mmtOtA/l) tf/" Signature PUBLICATION PROCESSED BY: THE SEAL BE:ACH SUN 216 Main Street Seal Beach. CA 90740 (562) 430-7555 Ordinance Number 1.57~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published ~ in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Oraj1ge, State of California, under the date of 2124n5. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ) - 2Z -O~ 1 Proof of publication of ........-...'.r-T..........- .................. .............~...............r.......'......... Dated at Seal Beach, CA, this n day of . J(.lhu::m/, 2004. , ., SUMMARY" . ORDINANCE NUMBER 1510 - NEWS RACK ' REGULATIONS " Ordinance Number 1510 of r the City of Seal Beach 'amends' , Chapter' 11 B of the MuniCipal Code pertaining to newsracks the purpose 0I1he Chaplef I. to , protect pedestnan safety I pre- , ...... the _cs 0I11le CIIy r.sldewalk Breas, facilitate distrf. Il:!:ution of publications through , newsracks on public property I and to m/IkJate tramc hazards ar.i VISual blight that can rasutt from , the unregulated placement at, nBwsracks on publlc,lights-of.' . way Ordinance Number 1510 I addressed, In part. newsrack I permits, placement standards forthe Mall'! Street Speaflc Plan ....&ndIlDlHo.1u1S1roetSpecillc 1 Plan ares, operation standards ,-impoundment, . alc: . Th~ Ordinance does not cOntrollhe loe8tlon, number, or size of newsracks placed on private property which is an Issue between the pnvate property owner and the specific publica- tions. Ordinance Number 1510 received sscond reading and was adopted at the regular City Counal .-ng 01 Jaooaty 12th 2004 by th,e follOWing vote: ' AYES Antos, Campbell', ,Doane, Larson, Yost . NOES: None, Motion earned Copies of Ordnance Number 1510 are available from the off"", 0I1h. Clly Clerk, CiIy Hili, 211-BIhS1roljl,SoaI__' phon. (562) 431'2527 DATED THIS 13th cloy at January, 2004. ~ Joanne M. Yeo, City Clerk City 01 Seal Beach Pub Seal Beach' Sun Journal 112212004. all in the year 2004. I certify (or declare) under pena.lty of perjury that the foregoing is true andycorrect. Signature PUBLICA ION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I