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HomeMy WebLinkAboutCC Ord 1456 Not Adopted I I I ORDINANCE NO. ~ ,y/ 'fa ,~I ~- '".i It' ,.p,t l!D"'~,.1l P ~ ~ I.,J! ,l'l1rJf' ~: l"'~~ AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REGARDING THE INSTALLATION, PLACEMENT, AND MAINTENANCE OF NEWSRACKS, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SEenON 1. . The eode of the Gity ~f.Seal Beach is hereby amended by amending ehapter liB to read as follows: "eHAPI'ER liB NEWSRACKS fi llB-l. Definitions. fi llB-2. Permit Requirement. fi 11B-3. Permit Approval or Denial. fi 11B-4. Standards. fi IlB-5. Business License Required. fi 11B-6. Notice; Removal; Storage. fi IIB-7. Site Restoration. fi llB-8. Penalty. fi llB-9. Amortization Period. Section 11 B-1. Definitions. As used in this chapter: A. "Director" means the Director of Public Works of the eity of Seal Beach or his or her authorized representative. ' B. "Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display, sale, or distribution of any written. photographic, or printed material, including, bul not limited to, newspapers or news periodicals. e. "Parkway" means that area between the sidewalk and the curb of any roadway, and where there is no sidewalk, thai area between the edge of the roadway and the property line adjacent thereto. Parkway also includes any area within a roadway which is not open to vehicular travel. D. "Roadway" means that portion of a street improved, designed. or ordinarily used for vehicular travel. E. .Sidewalk" means that portion of a public right-of-way provided for the exclusive use of pedestrians. F. .Street" means all that area dedicated to public use for public street purposes and includes, but is not limited to, roadways, parkways, and sidewalks. Section IlB-2. Permit Reauirement. A. No person shall place, install or maintain any newsrack which, in whole or in part, rests upon, in or over any street in the eity without first obtaining a permit from the Director after providing the following information: Ordinance Number ~~ (1) The proposed location of each newsrack to be placed, installed or maintained in the eity by the applicant; and ' (2) The name, address and telephone number of the applicant, and the name, ad~ss and telephone numl1er of a re~ponsible person whom the eity may ~otify or contact at any time concemuig the newsrack. B. No more than one permit shall be required per applicant regardless of the number of I newsracks the applicant proposes to install or maintain in the eity. However, an amended application for said permit shall be med with the Director in the evenl that additional newsracks are proposed to be placed or installed in the eity or removed from the eity by the applicant subsequent to the issuing of the original permit by the eity. e. As part of the application, the applicant shall execute a document, approved as to form by the eity Attorney, agreeing to indemnify and defend the eity, its officers, employees and agents, against any liability or expense which may result from the location, installation, placement, maintenance, use, removal or storage of any newsrack. D. As part of the application, the applicant shall provide a nonrefundable permit application fee in an amount established by resolution of the eity eouncil. E. Applicants for a permit shall be placed on a waiting list in the order in which their completed applications are received. Applicants on the waiting list shall be given the opportunity to have their application considered in the order that their name appears on the waiting list. Section IIB-3. Permit A!lProval or Denial. A. The Director shall approve or deny an application within ten (10) calendar days of the I date upon which a complete application bas been submitted. For purposes of this paragraph, any amended or supplemented application shall be considered a new application. B. The Director shall approve1mY application which meets the standards and criteria set forth in this ehapter. Such application. may be approved either in whole or in part when more than one location is proposed by the applicant. e. If a permit is denied in whole or in part, the Director shall notify the applicant in writing of the specific basis of such denial within three (3) business days of the decision. Denial of an application shall be without prejudice to amend such application. The decision of the Director to approve or deny an application shall be fmal unless an appeal is med as set forth in this Section. D. Any applicant who has been denied a permit pursuant to the provisions of this ehapter may me an appeal with the eity Manager within three (3) business days of the date notice of the decision is received. The eity Manager shall set a hearing within five (5) calendar days thereafter to determine upon sworn testimony whether the permit denial violates the provisions of this eode. The decision of the eity Manager shall be fmal. A deposit for the cost of this administrative hearing shall be submitted as established by resolution of the eity Council. Such deposit shall be credited for actual staff time in conducting the administrative hearing, including all investigations, report writing, and copying of hearing reports and documents. If unutilized funds from the deposit remain upon completion of the administrative hearing, those funds shall be returned to the applicant. If additional funds are required to fully cover all administrative hearing costs, those funds shall be deposited with the eity prior to the issuance of any decision. If the appeal is granted and the permit issued, the deposit shall be refunded to the applicant. I I I I Ordinance Number 1#'5"~ Section I1B-4. Standards. Any newsrack which, in whole or ~ part, rests upon, in or over any street in the eity shall comply with the following standards: A. Location. (1) No newsrack shall, in whole or in part, rest upon or project onto, into or over any part of the road~'ay of any street. (2) No newsrack shall, in whole or in part, rest upon or project onto, into or over any sidewalk or parkway when such newsrack, in the opinion of the Director, woul~ endanger the safety of any person or property, or when such newsrack would unreasonably interfere with or impede the flow of pedestrian or vehicular traffic; the ingress ~to or egress from any residence, place of business, or any legally parked or stopped vehicle; the use of poles, posts, traffic signs 'or signals, hydrants, mailboxes, or other objects permitted at or near said location; or the cleaning of any sidewalk or street by the use of mechanical sidewalk- cleaning machinery. (3) Each newsrack shall be located only near a curb or adjacent to the wall of a building. Newsracks located near the curb shall be located no less than eighteen (18) inches nor' more than tWenty-four (24) inches from the edge of the curb. Newsracks located adjacent to the wall of a building shall be located parallel to such wall, with the side nearest the ,wall not more than six (6) inches from such wall. (4) No newsrack shall be located directly opposite a newsstand or another newsrack. (5) Newsracks may be placed next' to each other, provided that no group of newsracks shall extend for a distance of more than fifteen feet, nor include more than five newsracks, and a space of no less than one hundred (100) feet shall separate each group of newsracks. (6) No newsrack may be placed in a parkway or sidewalk which abuts land in the RLD, RMD, RLD or PLU zone, unless said parkway or sidewalk is adjacent to a public building, exclusive of elementary, junior high and high schools, which is open to and used by the public. (7) Notwithstanding any other provision of this subsection, no newsrack shall be located: (a) Within ten (10) feet of the point of intersection of the edge of a marked crosswalk and the curbline; (b) Within fifteen (IS) feet of any sidewalk return at any street comer; (c) On those sidewalks that have been designated as official bicycle routes; (d) Within fifteen (15) feet of any fire hydrant, fire call box, police call box or other emergency facility; (e) Within fifteen (IS) feet of any driveway; (f) Within six (6) feet of any bus bench; (g) Within five (5) feet ahead of and twenty-five (25) feet to the rear of any designated bus stop; (h) Within five (5) feet of any curb which has been painted ye~ow, white, green or blue pursuant to the provisions of Vehicle eode Section 21458; (i) In any location whereby the cross space of the passageway of pedestrians on the sidewalk is reduced to less than five (5) feet; Ordinance Number I'~ , (j) Within three (3) feet of the imaginary lines that would be formed by extending the width of the entrance to a structure along lines perpendicular to the edge of the curb or its vertical extension; (k) Within three (3) feel of any area improved with lawn, flowers, shrubs or trees; or (1) Within three (3) feet of any display window of any building abutting the I sidewalk or parkway. B. Size. No newsrack shall exceed four (4) feet in height, thirty (30) inches in width, or two (2) feet in depth. No newsrack or group of attached newsracks shall weigh, in the aggregate, in excess of one hundred twenty-five (125) pounds when empty. e. Appearance. All newsracks which are located within the Main Street Specific Plan area shall have wood-grain panels and gloss black mountings. D. Frames and casings; posts; attachments. Each newsrack shall be situated on a frame and casing that meets the standards adopted by the eity, on file in the Office of the eity Manager and open to public inspection. Each newsrack shall be installed on a single pedestal or a multiple post which shall be securely anchored to the ground and shall be constructed, installed and maintained in a safe and secure condition. No newsrack shall be chained, bolted or otherwise attached to any property other than the ground to which it is anchored. " E. eoin-return mechanism. Each coin-vending newsrack shall be equipped with a coin- return mechanism to permit a person using the machine to secure an immediate refund in the event that person is unable to receive the publication paid for. I F. Advertising. No rie~srack'shall be used for advertising signs or publicity purposes other than those dealing with :the display, sale or purchase of the written, photographic, OT prll1ted material sold therein. G. "Maintenance. (1) Each newsrack shall be maintained in a clean and neat condition, and shall not have cracked or broken coverings or casings. (2) Each newsrack shall be painted or covered with a rust-proof protective coating. (3) Each newsrack, including any coin-return mechanism, shall be mechanically operable at all times. (4) No newsrack shall remain in a condition wherein it does not contain any written, pholographic, or printed material fOT distribution to the public for a period of forty-five (45) consecutive days or longer. H. Specific plan standards. Each newsrack which is located in an area subject to a specific plan shall comply with the design, color, configuration, size and model requirements contained in such plan. I I. Identification. (1) Every newsrack in the eity shall have the name, address and telephone number of the owner thereof affixed thereto in a place where it may be easily' seen. H the owner of the newsrack is a corporation, then the name, address and telephone number of a responsible person whom the eily may notify or contact I I I Ordinance Number ;I~~ at any time concerning the newsrack shall also be affIxed to the newsrack in a place where it may be easily seen. (2) If any newsrack is not properly identified as to the owner thereof, the Director shall notify by certified mail, return receipt requested, the publisher of the publication sold in the newsrack of the violation of this chapter, and a copy of this section shall be posted on the newsrack. . (3) If any coin-vending newsral:Jc,~ not properly identified as to the owner thereof, the Director shall notify by certified mail, return receipt requested, the publisher of the publication sold in the newsrack of the violation of Section 17570 of the ealifomia Business and Professions eode, and a copy of said section shall be posted on the newsrack. Section lIB-S. Business License Required. It shall be unlawful for any person to place or pennit the placement of any publication in any newsrack within the eity unless either such person or the publisher of the publication has a valid business license issued pursuant to ehapter 11 of this eode. Section IIB-6. Notice: Removal: Storage. A. Notice. If any public officer designated by the eity Manager detennines that a newsrack is installed,' placed or maintained in violation of the provisions of this . chapter, the designated public officer shall take reasonable steps to notify the owner that: , (1) The newsrack is in violation of the provisions of this ~ for reasons specified in said notice; and (2) The owner must within three (3) calendar days of receipt of notice either (a) correct the violation or remove the newsrack or the offensive or hannful matter, or (b) request in writing that the eity Manager set a hearing within five (5) calendar days thereafter to detennine upon sworn testiniony whether the newsrack, or the offensive or hannful matter displayed within it, violates the provisions of this eode. The decision of the eity Manager shall be fmal. A Deposit for this administrative bearing shall be submitted as established by the eity eouncil. Such deposit shall be credited for actual staff time in conducting the administrative hearing, including all investigations, report writing, and copying of hearing reports and documents. If unuti1ized funds from the deposit remain upon completion of the administrative hearing, those funds shall be returned to the applicant. If additional funds are required to fully cover all administrative hearing costs, those funds shall be deposited with the eity prior to the issuance of any decision. If the appeal is granted and the pennit issued, the deposit shall be refunded to the applicant; and (3) If the owner does not correct the violation or remove the newsrack or the offensive or hannful lI!atter or request a hearing pursuant to part (2) of this subsection within three (3) calendar days of receipt of notice, the public officer shall remove the newsrack or the offensive or MfttIful matter and store it as provided in subsections B and e. B. Removal. After complying with the notice requirements. provided for in subsection A, the public officer shall remove the newsrack or the offensive or hannful matter displayed within it unless the owner corrects the violation or removes the newsrack or the offensive or hannful matter displayed within it or requests the hearing within the time period prescribed in subsection A. If the eity Manager detennines at said hearing that the newsrack or the offensive or bannful matter displayed within it violates the provisions of this chapter, the owner shall within twenty-four (24) hours after the decision remove the newsrack or the offensive or hannful matter displayed within it. Newsracks or materials not so removed shall be forthwith removed by a public officer. Ordinance Number ~~~ e. Storage. If the public officer removes. the newsrack or the offensive or hannful matter displayed within it, he shall store the newsrack or such matter in any convenient and secure place designated by the eity Manager. The owner of the newsrack may reclaim the ,newsrack or such matter from the officer within thirty (30) calendar days of its removal by identifying himself, showing evidence of ownership, and paying the actual expenses of removal and storage. , Upon failure of the owner, following notice, to claim such newsrack or matter and pay the expenses of removal and storage within thirty (30) days after such removal, such newsrack or matter shall be deemed to be I unclaimed property in possession of the eity and may be disposed of pursuant to law. D. Special Procedures. In the case of a violation of this ~ relative to (1) restrictions upon attachment of newsracks; or (2) restrictions upon location of a newsrack, any public officer designated by the eity Manager may, as an alternative to the procedures specified in subsections B and e, remove such attachment or move such newsrack in order to restore the newsrack to a legal condition, after taking reasonable steps to notify the owner. In the case of any violation of this eode, or other condition, representing an imminent danger to public health or safety, any public officer may immediately move, remove, or repair a newsrack to protect public health and/or safety without prior notice'to the owner. ' Section llB-7. Site Restoration. Any person removing a newsrack from public property shall remove all material from the site. 'Any person removing a newsrack from public property shall restore the site to at least the condition which existed prior to the placement or installation of the newsrack, including complete restoration of any sidewalk upon which the newsrack was located. Section lIB-8. Penalty. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction of any such violation such person shall I be punishable as provided in Section 1-8 of this eode. Section llB-9. Amortization Period. Any newsrack which does not confonn to the requirements of parts (A) through (E) of Section IIB-4, but which lawfully existed and was maintained on the effective date of this ehapter, shall be removed or brought into confonnance with such requirements within four (4) months after said date or upon sale of the newsrack, whichever is sooner. During the interim period, said nonconfonniilg newsrack shall be maintained in good repair and visual appearance and no alteration shall be made thereto, unless to bring such newsrack into confonnance with the provisions of this Section. . SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validily of the remaining portions of this ordinance or any part hereof. The eity eouncil of the eity of Seal Beach hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof. irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 3. This ordinance shall take effect upon the expiration of thirty (30) days from its publication. PASSED, APPROVED AND ADOPTED by the eity eouncil of the eity of Seal Beach at a meeting thereof held on the /" day of /" , 2000. I Mayor /' Ordinance Number /~~ ATTEST: /' Joanne M. Yeo, eity elerk I STATE OF eALIFORNIA) eOUNTY OF ORANGE ) SS CITY OF SEAL BEAeH ) I, Joanne M. Yeo, City elerk of the eity of Seal Beach, califomi~./"herebY certify that the for oing ordinance is the original copy of Ordinance N7~;' ::s l:. on file in the office of 'ty elerk, introduced at a meeting held on the ~ day of tJA 2000 and passed, approved, and adopted by the eity Council of the eity of Seal Beach at a meeting thereof held on the / day of / 2000 by the following vote: AYES: eouncilmembers NOES: eouncilmembers ABSENT: eouncilmembers ABSTAIN: eouncilmembers I and do hereby certify that Ordinance Number has been published pursuant to the Seal Beach eity eharter and Resolution Number 2836. ~ eity elerk I Ordinance Number /t/51~ . 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 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 the following dates, to-wit: lI-/;3 all in the year 2000. I Proof of Publication of ............................................... ............................................... I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. , , .' : ~.' . SUMMARY , : ORDINANCE NUMBER 1456 NEWSRACK REGULATIONS . " AMENDMENTS ' " - 0, F . Ordinance Number 1458 of the CIty of S!aI Beach an18nds Chapter 1 1 B . of the Code of the Ctty of Seal Beach perhUnlng to ltie installation. place- t mem, and mBlntenance of newsracks In the City Ordinance Number 1456 was inIroduced and r8C&IV8d first read. . "'II allhe I8llldar CIly Couna! meebng I ::~h '.3. 2000 by the followmg I ' AYES: Boyd, Canipbell, Doane. . Snow, Yost - ~OES Mabon earned " I OrdInBC8 Number 145& was I'8ferred '. to Ihe Plann"'ll Commisooon to be con- I sld.red under public hea;lng and thereafter before the City Council --COpts. of Ordinance ~umb;.1458 are BvadabIe from the offICe of the Cly - Clerk, CIIy Hall. 211 -11I/1 S...ei, _ Beach; lel.phone (562) 431-2527 DA'!'fD 1Ii. 2BIh dayal_, 2000 ' Joanne M. V.o. c,iy Clerk CllyofSealBeach . Published In the Seal B.~Ch Sun -/ 4/13/00,_ __. _. Dated at Seal Beach. CA, this /;3 day of ~/'..-t-L' ,2000. ~r PUBLICATION pS~ C~~~ED'BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 I