HomeMy WebLinkAboutCC AG PKT 2002-06-05 Supplemental - Ordinance to City of Buena Park regarding regulation of newsracksORDINANCE NO.
AN ORDINANCE OF THE CITY OF BUENA PARK
AMENDING CHAPTER 12.16 OF THE BUENA PARK CITY CODE
REGARDING REGULATION OF NEWSRACKS
The City Council of the City of Buena Park does ordain as follows:
Section 1. Findings and Intent
A. The City Council previously enacted an ordinance to add Chapter 12.16 to
the Buena Park City Code ( "BPCC ") to regulate newsracks on public rights -of -way. The
purpose of BPCC Chapter 12.16, as set forth in BPCC Section 12.16.010, is to promote
the public health, safety and welfare through the regulation of placement, appearance,
number, size and servicing of newsracks on public rights -of -way so as to achieve
designated substantial governmental interests.
B. In enacting this Ordinance, the City Council intends to update the City's
existing newsrack regulations in order to further the purposes set forth in BPCC Section
12.16.010.
Section 2. Code Amendment Section 12.16.020 (Definitions) of
Chapter 12.16 (Regulation of Newsracks) of Title 12 (Streets, Sidewalks and Public
Property) of the Buena Park City Code is hereby amended to read as follows:
12.16.020 Definitions.
For the purpose of the provisions of this chapter concerning newsracks on public
rights -of -way, the following words and phrases shall be construed to have the meanings
set forth in this section, unless it is apparent from the context that a different meaning is
intended:
A. "Beach /Crescent Architectural Overlay Zone" means those CG
(Commercial General) and CO (Commercial Office) zoned properties located south of
Crescent Avenue to the Buena Park/Anaheim city boundary, between Grand Avenue
and Locust Drive.
B. "Block" means that public right -of -way abutting on one side of a street and
lying between the two nearest intersecting streets or between the nearest intersection
street and its own termination. .
C. "City- approved newsrack model" means the standard K -Jack Engineering
Company model series 50, or an equivalent model approved by the Director, painted a
color equivalent to K -Jack Engineering Company "Mack Truck Green" for the
Entertainment Corridor Specific Plan ( "ECSP "), Beach/Crescent Architectural Overlay
(BCAO) zone, and any property located on Beach Boulevard; and the K -Jack
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Engineering Company freestanding model series KJ100, or an equivalent model
approved by the Director, painted a color equivalent to K -Jack Engineering Company
"Mack Truck Green" for each location outside of the ECSP, BCAO zone and Beach
Boulevard Corridor boundaries.
D. "Curb" means the raised edge adjacent to roadway between the sidewalk
and the roadway located within public right -of -way.
E. "Daily publication" means a publication that is published on five or more
days per calendar week.
F. "Department" means the Community Development Department of the city
G. 'Director" means the Community Development Director of the city or the
Director's designee.
H. Driveway approach" means the portion of public right -of -way, including
curb returns or depressed curbs, providing vehicular access to a private roadway,
building or other facility.
I. "Entertainment Corridor" means those properties zoned Entertainment
Corridor Specific Plan (ECSP) or Amusement Resort (AR).
J. Explicit sexual acts" means depictions of sexual intercourse, oral
copulation, anal intercourse, oral -anal copulation, bestiality, sadism, masochism or
excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition
of genitals, whether any of the above conduct is depicted or described as being
performed alone or between members of the same or opposite sex or between humans
and animals, or any other act of sexual arousal involving any physical contact with a
person's genitals, pubic region, pubic hair, perineum, anus or anal region.
K. "Monthly Publication" means a publication that is published between one
and four days per calendar month.
L. " Newsaack" 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 publication.
M. "Owner" means the person to whom a newsrack permit is issued. For
purposes of this chapter, "owner" shall be synonymous with permittee.
N. 'Parkway" means that area between the sidewalk and the curb of any
street, and where there is no sidewalk that area between the edge of the roadway and
the property line adjacent thereto. Parkways shall also include any area within a
roadway which is not open to vehicular travel.
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O. 'Pre- existing Publications" means publications that on November 7, 2001,
were located in newsracks that complied with the newsrack location and placement
standards set forth in the Buena Park Municipal Code as such standards existed
immediately prior to the effective date of this Ordinance.
P. "Public right -of -way" means any place of any nature which is dedicated to
use by the public for pedestrian and vehicular travel, and includes, but is not limited to,
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.
O. 'Roadway" means that portion of a street improved, designed or ordinarily
used for vehicular travel.
R. "Sidewalk" means any surface provided for the use of pedestrians.
S. "Street' means the same as in California Vehicle Code Section 590 or any
successor provision thereto.
T. "Weekly publication" means a publication that is published between one
and four days per calendar week."
Section 3. Code Amendment. Section 12.16.030 (Installation — Permit required- -
Conditions) of Chapter 12.16 (Regulation of Newsracks) of Title 12 (Streets, Sidewalks
and Public Property) of the Buena Park City Code is hereby amended to read as
follows:
12.16.030 Installation- Permit required - Conditions.
A. Permit Required. An annual newsrack permit issued in accordance with
this chapter shall be required prior to installation, placement or maintenance of any
newsrack which in whole or in part rests upon, in, or over any public right- of -way.
B. Application. Applications for new permits required hereunder, and
renewal of existing permits, shall be filed with the Director upon printed forms to be
prescribed and supplied by the Director. The application shall be signed by the
applicant and it shall contain the following information:
1. Name of the street and approximate location of the newsrack to be
installed or maintained;
2. Name, address and telephone number of the applicant;
3. The name of the newspaper or periodical to be contained in each
newsrack;
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4. Type or brand of newsrack, including a description of the newsrack
and how it will be mounted;
5. A precise diagram showing the applicant's proposed location for the
newsrack and the location and number of all other newsracks existing within one
hundred feet thereof;
6. Number of newsracks requested at the proposed location;
7. Hold Harmless Statement. Every applicant for a newsrack permit
shall file a written statement satisfactory to the City whereby the applicant agrees to
indemnify, defend and hold harmless the city, its elected officials, officers, and
employees, with respect to any loss or liability or damage, including attorney's fees,
expenses and costs, for personal injury and for property damage sustained by any
person as a result of the applicant's installation, use or maintenance of a newsrack or
newsracks within the city.
8. Insurance. Every applicant for a newsrack permit shall file a
certificate of endorsement evidencing that a comprehensive liability insurance policy
has been issued for the period of the requested newsrack permit by an insurance
company that both (i) is admitted and licensed to do business in the 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 shall 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 termination, cancellation or change of coverage of insured or
additional insureds shall be effective until after thirty days notice thereof has been given
in writing to the Director. Cancellation or reduction of coverage of such policy during the
term of a newsrack permit shall be grounds for revocation of the permit.
9. Business License. Every applicant for a newsrack permit shall
present proof of receipt of a business license pursuant to Chapter 5.00 of this code or
proof of application for such license.
C. Each application for a newsrack permit shall be accompanied by a
nonrefundable application fee as established by a resolution of the city council. This fee
shall not exceed the actual cost of investigating the facts contained in the application,
processing the application, and field inspection.
D. Based upon information provided pursuant to subsection C of this section,
the Director shall determine whether the following findings can be made:
and
The applicant has complied with the requirements of this section;
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2. The proposed newsrack installation complies with the regulations of
this chapter.
If the findings can be made, then within ten city business days of the filing
of a complete application the Director shall issue a permit for the proposed newsrack
installation; otherwise, the application shall be denied. If the application is denied, then
the applicant shall be notified in writing of the specific cause of denial by the Director
and of the right to appeal in accordance with Section 12.16.150 of this chapter.
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E. Each permittee shall report immediately to the Director any change of
address of such permittee. Prior to any transfer of ownership of newsracks for which a
newsrack permit has been issued, the permittee shall notify the city of such transfer of
ownership. All newsrack transferees shall comply with the provisions of this section and
the provisions of Section 12.16.080 related to identification of newsracks, within ten
days of the effective date of such transfer. A failure to comply with this subsection shall
be grounds for revocation of a newsrack permit.
F. Every newsrack shall have affixed thereto in a place where may be easily
seen, the annual permit tag issued by the department.
G. Each permittee shall report to the Director any replacement of a newsrack
for which a newsrack permit has been issued within ten days of the date of such
replacement.
Section 4. Code Amendment Section 12.16.050 (Placement and maintenance
standards) of Chapter 12.16 (Regulation of Newsracks) of Title 12 (Streets, Sidewalks
and Public Property) of the Buena Park City Code is hereby amended to read as
follows:
12.16.050 Placement and maintenance standards.
Any newsrack, which in whole or in part rests upon, in or over any public
sidewalk or parkway, shall comply with the following standards:
A. Newsracks shall be forty-eight inches in height and be the City- approved
newsrack model.
B. Newsracks shall only be placed near a curb. Newsracks placed near the
curb shall be placed no less than eighteen inches nor more than twenty-four inches
from the face of the curb. No newsrack shall be placed or maintained on a sidewalk or
parkway opposite a newsstand or another newsrack.
C. Each newsrack shall be bolted to the sidewalk upon which it is maintained
unless it is vertically stacked upon another newsrack pursuant to Section 12.16.053.
D. Notwithstanding the provisions of Section 12.16.040, no newsrack shall be
placed, installed, used or maintained:
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1. Within twenty feet of any marked crosswalk;
2. Within twenty feet of the curb return of any unmarked crosswalk;
3. Within ten feet of any fire hydrant, fire call box, police call box or
other emergency facility;
4. Within fifteen feet of any driveway approach;
5. Within ten feet ahead of and forty feet to the rear of any sign
marking a designated bus stop;
6. Within ten feet of any bus bench or bus shelter;
7. At any location whereby the clear space for the passageway of
pedestrians is reduced to less than forty-eight inches;
8. At any location whereby the clear space for the passageway of
pedestrians is reduced to less than five feet for a length of more than thirty feet;
9. Within three feet of any area improved with lawn, flowers, shrubs or
trees, or within three feet of any display window of any building abutting the sidewalk or
parkway or in such a manner as to impede or interfere with the reasonable use of such
window for display purposes;
10. Within ten feet of any mailbox, utility pole, telephone pedestal
and /or any other permanent fixture located in the public right -of -way.
11. Adjacent to or on the curb abutting any fire access lane.
12. Within the limits of any portion of curb painted yellow, white or
green
E. No newsrack shall be used for advertising signs or publicity.
Notwithstanding the preceding, the name and logo of the publication distributed in a
newsrack may be stenciled upon the front and back of such newsrack, and the
requirements of Section 12.16.080 shall be satisfied.
F. Each newsrack shall be maintained in a clean and neat condition and in
good repair at all times. The owners of vertically stacked and freestanding M100
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:
1. Graffiti.
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2. Broken or unreasonably misshapen structural components.
3. Cracks, dents or discoloration of the display window.
4. Substantial accumulation of dirt, grease rust or corrosion.
5. Substantial amount of chipped, faded, peeling, or cracked paint.
6. Substantial amount of tearing, peeling or fading of any paper or
cardboard parts or inserts of the newsrack.
G. Each newsrack shall be installed and maintained in compliance with this
chapter, and in such manner as to comply with all state and federal regulations
concerning access by disabled persons.
Section 5. Code Amendment Chapter 12.16 (Regulation of Newsracks) of Title 12
(Streets, Sidewalks and Public Property) of the Buena Park City Code is hereby
amended by adding a new Section 12.16.053 to read as follows:
12.16.053 Concentration standards.
A. Maximum concentration. No more than sixteen newsracks shall be
located on any one block. No more than eight newsracks shall be located within a
space of two hundred feet in any direction within the same block.
B. Stacking required. When there are two or more newsracks at each
location within the ECSP zone, BCAO zone, and the Beach Boulevard Corridor, the
newsracks shall be vertically stacked in groups of two.
C. Freestanding M100 newsracks permitted. At each location outside of the
ECSP, BCAO zone, and Beach Boulevard Corridor boundaries, freestanding M100
newsracks may be installed. Any newsrack model proposed to be installed must be a
City- approved model.
D. Duplication. No newsrack used for the distribution of a particular
publication shall be placed, installed, used or maintained within a space of two hundred
feet in any direction of another newsrack used for the distribution of the same
publication on the same block. This prohibition shall be inapplicable, and the Director
shall not deny a newsrack permit due to noncompliance with this prohibition, if the
Director finds that less than eight newsracks have been located within a space of two
hundred feet in any direction on that block at that location for a period of sixty days or
more.
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Section 6. Code Amendment. Chapter 12.16 (Regulation of Newsracks) of Title 12
(Streets, Sidewalks and Public Property) of the Buena Park City Code is hereby
amended by adding a new Section 12.16.055 to read as follows:
12.16.055 Transition program.
A. Purpose. The purpose of this section is to establish a program for the
orderly transition of newsracks into compliance with this chapter.
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B. Application required for existing racks. Owners of newsracks located in
whole or in part over any public right -of -way shall apply for an annual newsrack permit
for each newsrack and to bring each approved newsrack into compliance with this
chapter, according to the following transition schedule:
1. Phase I. Owners of newsracks located in whole or in part over any
public right -of -way within the ECSP, BCAO zone, and Beach Boulevard Corridor shall
have ninety days from the effective date of this Ordinance to apply for an annual
newsrack permit for each newsrack and, if the existing newsrack does not conform to a
City- approved model, to replace the existing newsrack with the standard K -Jack
Engineering Company model series 50, or an equivalent model.
2. Phase Il. Owners of newsracks located in whole or in part over
any public right -of -way along the east and westbound streets outside of the ECSP,
BCAO zone, and Beach Boulevard Corridor shall have 180 days from the effective date
of this Ordinance to apply for an annual newsrack permit for each newsrack and, if the
existing newsrack does not conform to a City- approved model, to replace the existing
newsrack with the standard K -Jack Engineering Company model series 100, or an
equivalent model, or the standard K -Jack Engineering Company model series 50, or an
equivalent model.
3. Phase III. Owners of newsracks located in whole or in part over
any public right -of -way along the north and southbound streets outside of the ECSP,
BCAO zone, and Beach Boulevard Corridor shall have 270 days from the effective date
of this Ordinance to apply for an annual newsrack permit for each newsrack and, if the
existing newsrack does not conform to a City- approved model, to replace the existing
newsrack with the standard K -Jack Engineering Company model series 100, or an
equivalent model, or the standard K -Jack Engineering Company model series 50, or an
equivalent model.
C. Location prioritization categories. In determining which publications shall
be permitted at a particular location for which demand for newsrack space exceeds
supply, the Director shall adhere to the following criteria:
1. First priority shall be given to Pre - Existing Publications. In the
event demand by Pre - Existing Publications exceeds supply, at any particular location,
the Director shall adhere to the following additional criteria:
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a. First priority shall be given to Pre- Existing Publications that
were located at that particular location for which demand for newsrack space exceeds
supply. Where demand by such Pre - Existing Publications located at a particular
location exceeds supply at that location, the Director shall adhere to the following
additional criteria:
(1) First priority shall be given to daily publications.
(2) Second priority shall be given to weekly publications.
(3) Third priority shall be given to monthly publications.
b. Second priority shall be given to Pre- Existing Publications
that were located at other locations based upon closest proximity.
C. Third priority shall be given to daily publications.
d. Fourth priority shall be given to weekly publications.
e. Fifth priority shall be given to monthly publications.
D. Location prioritization exclusive of pre -existing selection criteria. As
between publications exclusive of the pre - existing selection criteria, the Director shall
adhere to the following additional criteria:
1. First priority shall be given to daily publications published at least
five days a week.
2. Second priority shall be given to weekly publications published
between one and four days per calendar week.
3. Third priority shall be given to publications published one day per
calendar week.
4. Fourth priority shall be given to monthly publications published
between one and four days per calendar month.
E. Location 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 for a newsrack; and (ii) there is insufficient space at the location
to accommodate all such publications. 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.
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F. Space prioritization. In respect to the vertically stacked newsracks, the
applicant shall indicate on the application, their preference to using the top or bottom
space. In determining which publications shall be permitted in the upper or lower
newsrack space at a particular location for which demand for the upper or lower
newsrack space exceeds supply, the Director shall conduct a lottery by placing into a
container the names of all the applicants seeking the upper or lower space, and drawing
names from the container one at a time until the number of available top and /or bottom
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.
Section 7. Code Amendment Chapter 12.16 (Regulation of Newsracks) of Title 12
(Streets, Sidewalks and Public Property) of the Buena Park City Code is hereby
amended by adding a new Section 12.16.145 to read as follows:
12.16.145 Impoundment of vertically stacked or freestanding M100 newsrack.
In lieu of impounding a newsrack that is connected to another newsrack due to
vertical stacking, or the freestanding M100 placement, the Director shall impound the
contents of the offending newsrack. In lieu of selling or otherwise disposing of a
newsrack whose contents have been impounded, the city shall pay the owner thereof
the fair market value for the offending newsrack and such newsrack shall thereafter
belong to the city for disposal as deemed appropriate by the Director. In all other
respects, the impound procedures of this chapter shall be applicable.
Section 8. Code Amendment Section 12.16.150 (Appeals) of Chapter
12.16 (Regulation of Newsracks) of Title 12 (Streets, Sidewalks and Public Property) of
the Buena Park City Code is hereby amended to read as follows:
12.16.150 Appeals.
A. Any permittee or applicant, may, within ten working days of the mailing
date of the copy of the Director's decision and order, appeal such decision to the city
council by filing a written notice of appeal with the city clerk.
B. An appeal shall set forth in writing the basis upon which the appellant
believes there was error or abuse of discretion on the part of the department. The city
clerk shall advise the department of the appeal and the department shall, as soon as
practical, transmit a copy of its file, decision and order, to the clerk of the city council,
who shall set the matter for hearing within thirty calendar days.
C. Following the hearing on the appeal, the city council shall make written
findings in support of its decision, which decision shall:
1. Affirm the department's decision and order and impose impound
fees;
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2. Modify the department's decision and order, with or without
imposing impound fees, and /or refer the matter back to the department; or
3. Reverse the department's decision and impose no impound fee.
4. In the event of an appeal of a permit denial, affirm, reverse or
modify the Director's decision.
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Section 9. Code Amendment Section 12.16.160 (Costs) of Chapter
12.16 (Regulation of Newsracks) of Title 12 (Streets, Sidewalks and Public Property) of
the Buena Park City Code is hereby amended to read as follows:
12.16.160 Costs.
The installation, maintenance, replacement, removal and relocation of
newsracks, shall be at the sole expense of the permittee. Upon removal of any
newsrack, the permittee shall at his or her sole expense cause the public right -of -way to
be repaired to its original condition and in conformity to the surrounding area. If the
permittee fails to make such repairs within ten working days of removal, the work may
be done by the city and charged to the permittee.
Section 10. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held to be invalid or
unconstitutional by any court of competent jurisdiction, such decision shall not affect the
validity of the remainder of the Ordinance. The City Council hereby declares that it
would have adopted this Ordinance, and each section, subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
Section 11. Certification and publication. 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.
PASSED, APPROVED AND ADOPTED this day of 2002, by the
following called vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS:
Mayor
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ATTEST:
I, Shalice Reynoso, City Clerk of the City of Buena Park, California,
do hereby certify that the foregoing ordinance was introduced at a regular meeting of
the Council of the City of Buena Park held on the day of 2002, and
was finally passed at a regular meeting of the City Council of the City of Buena Park
held this day of 2002.
City
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