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March 13, 2000 o
STAFF REPORT
To: Mayor and Members of the City Council
Attention: Keith R. Till, City Manager
From: Lee Whittenberg, Director of Development Services
Subject: AMENDMENT 00-1 TO MAIN STREET SPECIFIC
PLAN and AMENDMENT TO CHAPTER 11B OF
THE CODE, REGARDING NEWSRACKS
SUMMARY OF REQUEST
The purposes of the proposed amendments are to establish development standards for newsracks as
part of the "Main Street Specific Plan" and to entirely replace existing Chapter 11B of the Code of
the City of Seal Beach, with a new Chapter 11B, establishing new standards for the placement of
newsracks upon public property within the City, including the "Main Street Specific Plan" area.
In order to ensure consistency between the General Plan, the Main Street Specific Plan, and the
proposed ordinance, the proposed revisions to the "Main Street Specific Plan" will require a public
hearing before the Planning Commission and ultimately the City Council.
It is recommended the City Council take the following actions:
❑ introduce the proposed ordinance at this time.
❑ forward the proposed amendment to the Main Street Specific Plan to the Planning Commission
for the required public hearing.
❑ forward the proposed ordinance to the Planning Commission for information purposes to assist
in their deliberations regarding the proposed amendment to the Main Street Specific Plan.
Upon receipt of the recommendation of the Planning Commission regarding the Main Street
Specific Plan amendment, and an action by the City Council to adopt the proposed amendment with
any additional amendments, the City Council could then conduct second reading and adopt the
Agenda Item
C:\My Documents\ORD\Newsrack Ord,CC Staff Report.doc\LW\03-08-00
Proposed Newsrack Ordinance
City Council Staff Report
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proposed ordinance revisions to Chapter 11B of the Code of the City of Seal Beach, and the
proposed resolution regarding fees.
DISCUSSION
As part of the development of the "Main Street Specific Plan", the issue of placement and control
of newsracks on the public right-of-way was an issue much commented upon by the public. During
the development of the "Main Street Specific Plan" the city considered including standards for
newsracks. However, there were several newsrack regulation programs pending review by the
U.S. Supreme Court ("Court"), and it was determined to defer this issue until the Court had
rendered its opinions. The Court rendered its opinion in Crawford v. Lungren, and the City has
reviewed that case language and is now proposing to amend the "Main Street Specific Plan" and
the Code of the City of Seal Beach in light of this and other recent decisions of state and Federal
courts.
The primary purpose of the proposed amendments is to establish a comprehensive implementation
program for the placement of newsracks in the City, with a special focus on the Main Street
Specific Plan area, in accordance with the goals and policies of the adopted "Main Street Specific
Plan". As stated in Section 1 A of the "Main Street Specific Plan":
"The differenrial standards used in the Main Street Specific Plan may seem to some
unfair in relation to the rest of the City. However, the VISION clearly establishes
the importance of Main Street and justifies its differential treatment."'
Summary of Proposed "Main Street Specific Plan"Revisions:
The proposed revisions to the "Main Street Specific Plan" will add an additional subsection to
Section 5, Public Facilities regarding newsracks. This new subsection will provide background
language regarding the issues and concerns regarding newsracks and set forth a policy statement
regarding the treatment of newsracks within the "Main Street Specific Plan" area. Please see
Attachment 1 for the proposed amendments to the "Main Street Specific Plan" regarding
newsracks,
Summary of Proposed Ordinance Provisions:
The proposed ordinance revision is based upon review of the City Attorney's opinion that these
regulations are legally defensible in light of the decisions of the U.S. and California Supreme
Courts. The proposed ordinance regulates the placement, appearance, number, size and servicing
of newsracks in the public right-of-way by requiring an encroachment permit in order to eliminate
"Main Street Specific Plan",adopted by Cite Council July 8, 1996, page 3
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hazards that could potentially be caused by newsracks that obstruct the views of pedestrians,
motorists, or bicyclists, and to improve and protect the aesthetic quality of the environment.
The basic provisions of the proposed newsrack ordinance are as follows:
o No newsrack shall exceed 4 feet in height, 30 inches in width, and 2 feet in depth.
o No more than 5 newsracks may be joined together; no group of newsracks shall extend
more than 15 feet; and such groupings shall not be within 100 feet of each other.
o No newsrack shall be located directly opposite another newsrack or a newstand.
o All newsracks located within the Main Street Specific Plan area shall have wood grain
panels and gloss black mountings.
o Newsracks shall not be chained, bolted or otherwise attached to other property; they shall
be situated on a frame and casing approved by the City, and shall be installed on a single or
multiple pedestal.
o No advertising is permitted on the newsrack other than for the material sold within the
newsrack.
o Newsracks shall not rest on or project over any public roadway; endanger the safety of
persons or property, or impede the flow of pedestrian traffic.
o No newsrack or group of newsracks shall weigh, in the aggregate, in excess of 125 pounds
when empty.
o Each newsrack is required to be identified with the owner's name, address and phone
number.
o Newsracks found to be in violation of the ordinance provisions are subject to impound after
courtesy notices have been issued and the owner fails to correct the violation.
Upon adoption, the ordinance will take effect 30 days from the effective date. During that 30-day
period applications for permits will be accepted. At the end of this 30-day period permits will be
issued on a first-come first-considered basis. 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. The priority becomes important in determining which
newsracks are permitted to remain in their present locations. There are several locations in the
City, particularly along Main Street, that have newsracks grouped together in groups far larger than
the proposed ordinance would allow or located in what would be non-permitted locations.
Please see Attachment 2 to review the proposed ordinance language.
Proposed Revisions to Comprehensive Fee Resolution:
Staff is also proposing revisions to the Comprehensive Fee Resolution to implement provisions of
the proposed Ordinance. The proposed fees are as follows:
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❑ A non-refundable application fee of$50.00 will be charged annually.
o A newsrack permit location fee of$10.00 per location will be charged annually.
o An administrative hearing deposit fee of$150.00 will be paid, with actual staff costs to be
fully paid. This may result in a refund of a portion of the deposit fee, or an additional
payment to fully reimburse the City for expenses in conducting the administrative hearing.
o An impoundment fee of$50.00 will be charged, if necessary.
All of the above fees are based on anticipated costs involved.
Please see Attachment 3 to review the proposed resolution language.
FISCAL IMPACT
Minor. Additional fees will accrue to the City by implementation of the proposed ordinance. The
proposed fees are anticipated to offset staff costs in effectively enforcing the provisions of the
proposed newsrack ordinance.
RECOMMENDATION
It is recommended the City Council take the following actions:
o introduce the proposed ordinance at this time.
o forward the proposed amendment to the Main Street Specific Plan to the Planning Commission
for the required public hearing.
o forward the proposed ordinance to the Planning Commission for information purposes to assist
in their deliberations regarding the proposed amendment to the Main Street Specific Plan.
NOTED AND APPROVED
W4 4-(1' 1 .44
(};///X-'• Whittenberg, Director Keith R. Till
Development Services Department City Manager
Attachments: (3)
ATTACHMENT 1: Proposed Revision 00-1 to "Main Street Specific Plan" relating to
Newsracks
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ATTACHMENT 2: Proposed Ordinance No. , An Ordinance of the City of Seal
Beach, California, Regarding the Installation, Placement, and
Maintenance of Newsracks, and Amending Chapter 11B the Code of
the City of Seal Beach
ATTACHMENT 3: Proposed Resolution No. , A Resolution of the City Council
of the City of Seal Beach, California, Establishing Fees for
Newsracks Pursuant to Chapter I IB of the Code of the City of Seal
Beach and Amending Resolution No. 4550 by Adding a New
Section 3.F, Newsrack Fees
I
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ATTACHMENT 1
PROPOSED REVISION 00-1 TO "MAIN STREET
SPECIFIC PLAN" RELATING TO NEWSRACKS
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Proposed Revision 00-1 to "Main Street Specific Plan"
relating to Newsracks
1. Add a new Section 5.H to read as follows:
"H. Newsracks
Many newsracks are located along Main Street and within the Main
Street Specific Plan area As currently located, many of these
newsracks are a detriment to the public health, safety and welfare by
obstructing pedestrian traffic along the public sidewalks, obstructing
access to curbside parking spaces, and by creating long rows of
connected newsracks, making street maintenance difficult and
creating areas for the accumulation of trash and debris. Properly
controlled, placed, and designed, newsracks can be operated without
these adverse impacts, while still protecting the rights of newsrack
operators to distribute newspapers.
POLICY 16. Newsracks Dg ��P
The City should amend the City Code to allow newsracks to be
located in appropriate portions of the public right-of-way, subject to
certain location and design criteria to address concerns regarding
aesthetics and pedestrian/vehicle interface. All such newsrack
locations shall be approved by the City and the appropriate permit
shall be obtained from the City.
Newsracks located within the Main Street Specific Plan area shall
meet the following criteria:
(1) No newsrack shall project onto, into or over any part of
the roadway of any street.
(2) No new srack shall project into any sidewalk or parkway
so as to endanger the safety of any person or property, or
unreasonably interfere with or impede the flow of pedestrian or
vehicular traffic; the ingress into or egress from any place of
business, or any legally parked or stopped vehicle; the use of
poles, posts, traffic signs or signals, hydrants, mailboxes, or
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other objects permitted at or near said location; or the cleaning of
any sidewalk by the use of mechanical sidewalk-cleaning
machinery.
(3) Newsracks shall only be located 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 m than six (6) inches
from such wall.
RAS
(4) Newsracks shall not xceed four (4) feet
O in height, thirty
(30) inches in width, or two (2) feet in depth.
(5) All newsracks shall have wood-grain panels and gloss
black mountings."
2. Existing Section 5.H is renumbered as Section 5.I.
3. Existing Policies 16, 17 and 18c'are rei imbered as Policies 17, 18 and 19, respectively.
* * * �k
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ATTACHMENT 2
PROPOSED ORDINANCE NO. , AN ORDINANCE OF
THE CITY OF SEAL BEACH, CALIFORNIA, REGARDING
THE INSTALLATION, PLACEMENT, AND MAINTENANCE
OF NEWSRACKS, AND AMENDING CHAPTER 11B THE
CODE OF THE CITY OF SEAL BEACH
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ORDINANCE NO.
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:
SECTION 1. The Code of the City of Seal Beach is hereby amended by amending Chapter
11B to read as follows:
"CHAPTER 11B
NEWSRACKS
§ 11B-l. Defuiitions.
§ 1IB-2. Permit Requirement.
§ IIB-3. Permit Approval or Denial. �'C
§ 11B-4. Standards.§ l1B-5. Business License Required. pik.
§ 11B-6. Notice; Removal; Storage.
§ 11B-7. Site Restoration.
§ 11B-8. Penalty.
§ 1IB-9. Amortization Period.
Section 11B-1. Definitions. As used in this chapter:
A. "Director" means the Director of Public Works of the City 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
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any written, photographic, or printed material, including, but not limited to,
newspapers or news periodicals.
C. "Parkway" means that area between the sidewalk and the curb of any roadway, and
where there is no sidewalk, that 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 11B-2. Permit Requirement. A
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 City without first obtaining a permit from the
Director after providing the following information:
(1) The proposed location of each newsrack to be placed, installed or maintained in
the City by the applicant; and
(2) The name, address and telephone number of the applicant, and the name,
address and telephone number of a responsible person whom the City may
notify or contact at any time concerning the newsrack.
B. No more than one permit shall be required per applicant regardless of the number of
newsracks the applicant proposes to install or maintain in the City. However, an
amended application for said permit shall be filed with the Director in the event that
additional newsracks are proposed to be placed or installed in the City or removed from
the City by the applicant subsequent to the issuing of the original permit by the City.
C. As part of the application, the applicant shall execute a document, approved as to form
by the City Attorney, agreeing to indemnify and defend the City, 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.
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D. As part of the application, the applicant shall provide a nonrefundable permit
application fee in an amount established by resolution of the City Council.
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 11B-3. Permit Approval or Denial. R�
O
A. The Director shall approve or deny an application within ten (10) calendar days of the
date upon which a complete application has been submitted. For purposes of this
paragraph, any amended or supplemented application shall be considered a new
application.
B. The Director shall approve any application which meets the standards and criteria set
forth in this Chapter. Such application may be approved either in whole or in part
when more than one location is proposed by the applicant.
C. 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
final unless an appeal is filed as set forth in this Section.
D. Any applicant who has been denied a permit pursuant to the provisions of this Chapter
may file an appeal with the City Manager within three (3) business days of the date
notice of the decision is received. The City 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 Code. The decision of the City Manager shall be final.
A deposit for the cost of this administrative hearing shall be submitted as established by
resolution of the City 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 City prior to the issuance of any decision.
If the appeal is granted and the permit issued, the deposit shall be refunded to the
applicant.
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Section 11B-4. Standards. Any newsrack which, in whole or in part, rests upon, in or over
any street in the City 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 roadway 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,
would 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 into 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 b tt use of mechanical sidewalk-
cleaning machinery.
RP
(3) Each newsrack shall be located o 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 new srack 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:
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(a) Within ten (10) feet of the point of intersection of the edge of a marked
crosswalk and the curbline;
(b) Within fifteen (15) feet of any sidewalk return at any street corner;
(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 (15) feet of any driveway; 1
(f) Within six (6) feet of any bus bench; pg
(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 yellow, white, green or
blue pursuant to the provisions of Vehicle Code 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;
(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) feet 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
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.
C. Appearance. All newsracks which are located within the Main Street Specific Plan area
shall have wood-grain panels and gloss black mountings.
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D. Frames and casings; posts; attachments. Each newsrack shall be situated on a frame
and casing that meets the standards adopted by the City, on file in the Office of the
City 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. Coin-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.
F. Advertising. No newsrack shall be used for advertising signs or publicity purposes
other than those dealing with the display, sale or purchase of the written, photographic,
or printed material sold therein. ‘14°
° '
G. Maintenance.
10S1> •
(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 new srack shall remain in a condition wherein it does not contain any
written, photographic, or printed material for 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. Identification.
(1) Every newsrack in the City shall have the name, address and telephone number
of the owner thereof affixed thereto in a place where it may be easily seen. If
the owner of the newsrack is a corporation, then the name, address and
telephone number of a responsible person whom the City may notify or contact
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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 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 Section 17570 of the
California Business and Professions Code, and a copy of said section shall be
posted on the newsrack.
Section 11B-5. Business License Required. It shall be unlawful for any person to place or
permit the placement of any publication in any newsrack within the City unless either such
person or the publisher of the publication has a valid business license issued pursuant to
Chapter 11 of this Code.
Section 11B-6. Notice; Removal; Storage. PF
O�
A. Notice. If any public officer designated by the City Manager determines 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 Code 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 harmful matter,
or (b) request in writing that the City Manager set a hearing within five (5)
calendar days thereafter to determine upon sworn testimony whether the
newsrack, or the offensive or harmful matter displayed within it, violates the
provisions of this Code. The decision of the City Manager shall be final. A
Deposit for this administrative hearing shall be submitted as established by the City
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
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hearing costs, those funds shall be deposited with the City prior to the issuance
of any decision. If the appeal is granted and the permit 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 harmful matter 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 ful matter and store it as
provided in subsections B and C. c J
B. Removal. After complying with the notice uirements provided for in subsection A,
the public officer shall remove the newsrack or the offensive or harmful matter
displayed within it unless the owner corrects the violation or removes the newsrack or
the offensive or harmful matter displayed within it or requests the hearing within the
time period prescribed in subsection A. If the City Manager determines at said hearing
that the newsrack or the offensive or harmful 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 harmful matter displayed within it.
Newsracks or materials not so removed shall be forthwith removed by a public officer.
C. Storage. If the public officer removes the newsrack or the offensive or harmful matter
displayed within it, he shall store the newsrack or such matter in any convenient and
secure place designated by the City 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
unclaimed property in possession of the City and may be disposed of pursuant to law.
D. Special Procedures. In the case of a violation of this Code relative to (1) restrictions
upon attachment of newsracks; or (2) restrictions upon location of a newsrack, any
public officer designated by the City Manager may, as an alternative to the procedures
specified in subsections B and C, 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 Code, 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.
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Section 11B-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 11B-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
be punishable as provided in Section 1-8 of this Code.
Section 11B-9. Amortization Period. Any newsrack which does not conform to the
requirements of parts (A) through (E) of Section 11B-4, but which lawfully existed and was
maintained on the effective date of this Chapter, shall be removed or brought into conformance
with such requirements within four (4) months after said date or upon sale of the newsrack,
whichever is sooner. During the interim period, said nonconforming newsrack shall be
maintained in good repair and visual appearance and no alteration shall be made thereto, unless
to bring such newsrack into conformance 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 validity of the remaining portions of this ordinance or any part hereof. The City
Council of the City 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 any one 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.
DRPF
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
at a meeting thereof held on the day of
, 2000.
Mayor
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Attest:
City Clerk
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 on file in the
office of the City Clerk, introduced at a meeting held on the
day of , 2000, and passed, approved and adopted by the City Council
of the City of Seal Beach at a meeting held on the day
of , 2000 by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
and do hereby further certify that Ordinance Number has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
Newsrack Ord,CC Staff Report
19
Proposed Newsrack Ordinance
City Council Staff Report
March 13,2000
ATTACHMENT 3
Proposed Resolution No. , A Resolution of the
City Council of the City of Seal Beach, California,
Establishing Fees for Newsrack Permits Pursuant to
Chapter 11B of the Code of the City of Seal Beach and
Amending Resolution No. 4550 by Adding a New
Section 3.F, Newsrack Fees
Newsrack Ord,CC Staff Report
20
'
Proposed Newsrack Ordinance
City Council Staff Report
March 13,2000
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, CALIFORNIA,
ESTABLISHING FEES FOR NEWSRACK PERMITS
PURSUANT TO CHAPTER 11B OF THE CODE OF
THE CITY OF SEAL BEACH AND AMENDING
RESOLUTION NO. 4550 BY ADDING A NEW
SECTION 3.F, NEWSRACK FEES wr
DR
AF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
1. Pursuant to Section 11B-2.D of the Code of the City of Seal Beach there shall be a non-
refundable fee assessed for each application filed with the Department of Development
Services for a newsrack permit of Fifty Dollars ($50).
2. Pursuant to Section 11B-2.A of the Code of the City of Seal Beach there shall be a
permit fee of Ten Dollars ($10)per newsrack location.
3. Pursuant to Section 11B-6.0 of the Code of the City of Seal Beach there shall be a fee
assessed for the return of a newsrack which has been impounded of Fifty Dollars ($50),
in addition to a daily impound fee of$2.00.
4. Pursuant to Section 11B-3.D of the Code of the City of Seal Beach there shall be a
deposit assessed for an administrative hearing of Two Hundred Dollars ($200). 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 City prior to the issuance of any permit.
5. City Council Resolution No. 4550 is amended by adding a new Section 3.F, Newsrack
Fees, to read as follows:
Newcrck Ord,CC Staff Report
21
Proposed Newsrack Ordinance
City Council Staff Report
March 13,2000
"F. Newsrack Fees
The following fees will be charged for newsracks:
1. A non-refundable fee for each application filed for a newsrack permit $50.00
2. Permit fee per newsrack location . . $10.00
3. Return of a newsrack which has been impounded $50.00
in addition to a daily impound fee of $2.00
4. Deposit for an administrative hearing $200.00
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 City prior to the
issuance of any permit."
DR AF
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at
a meeting thereof held on the day of
, 2000, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
Paul Yost
Mayor
ATTEST:
City Clerk
Newsrack Ord,CC Staff Report
22
Proposed Newsrack Ordinance
City Council Staff Report
March 13, 2000
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS ��
CITY OF SEAL BEACH vt
I, Joanne M. Yeo, CityClerk of Seal Beach, Carfornia do herebycertifythat the foregoing
resolution is the original copy of Resolution Number on file in the office of the City
Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular
meeting thereof held on the day of , 2000.
City Clerk
Newsrack Ord,CC Staff Report
23
r
ATTEST:
City Clerk
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 resolution is the original copy of Resolution Number on file in the office of
the City Clerk,passed,approved and adopted by the City Council of the City of Seal Beach at a
meeting thereof held on the day of ,2000.
City Clerk
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