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HomeMy WebLinkAboutNS-1256ORDINANCE NO. NS-1256 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-225(9)(11) AND 10-234 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE LOCATION OF PUBLICATION VENDING MACHINES AND THE AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS TO ADOPT REGULATIONS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION l: Section 10-225(9)(11) of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Sec. 10-225. Location Standards Notwithstanding any other provisions of this Article, no publication vending machine shall be placed, installed or main- tained: (1) Within ten (10) feet of the point of intersection of the edge of a marked crosswalk and the curb line; (2) On or within fiften (15) feet of any sidewalk return at any street corner; (3) On those sidewalks that have been designated as official bike routes; (4) Within five (5) feet of any fire hydrant, fire call box or police call box; (5) Within fifteen (15) feet of any driveway; (6) Within five tacles, traffic signal gas meters, electrical covers; (5) feet of light standards, trash recep- control boxes, mail boxes, water meters, pull boxes, catch basins and sewer manhole (7) Within six (6) feet of any bus bench; (8) Within five (5) feet ahead and twenty-five (25) feet to the rear of any sign marking a designated bus stop; (9) Within five (5) feet of any legal parking space or curb painted yellow, white or green by authorized public employees for the purpose of regulating parking; (10) In any location whereby the cross space of the passage- way on the sidewalk is reduced to less than five (5) feet; (ll) Within three hundred (300) lineal feet from any other such machine within the same block containing the same edition of the same publication; (12) 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. SECTION 2: Section 10-234 of the Santa Ana Municipal Code is hereby amended to read as follows: O'RDINANCE NO. NS- 12S6 PAGE TWO Sec. 10-234. Authority of Director of Public Works to Adopt Administrative Standards. The Director of Public Works is hereby empowered to adopt reasonable administrative standards to implement the provisions of this chapter. Such standards will include the establishing of procedure for prompt handling of applications, conducting of inspections, issuing of permits, removal of non-complying machines after appropriate notices have been given, and all other steps that will facilitate the effective administration and enforce- ment of this ordinance. The Director of Public Works is autho- rized to protect the city against third party liability claims that might arise due to the installation or maintenance of publi- cation vending machines by requiring that each applicant submit a certificate of insurance in the amount of $500,000 combined single limits for property/bodily injury. In adopting and apply- ing such standards, the Director of Public Works shall be uniform non-discriminatory and consistent in administering this ordinance and any regulations adopted pursuant hereto. SECTION 3: If any section, subsection, sentence, clause 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 valid- ity of the remaining portions of this ordinance. The City Council of the City of Santa Ana 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, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any ef the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 5: The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same be published in the official newspaper of the City of Santa Ana within fifteen (15) days after its adoption. SECTION 6: This ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the l?th day of March , 1975. ATTEST: to ORDINANCE NO. NS- 1256 PAGE THREE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss.: CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its adjourned regular meeting held on thelOth day of March , 1975, and was again considered by said Council at its regular meeting held on the 17th day of March , 1975, and was at said meeting passed and adopted by the following vote, to wit: AYES: NOES: COUNCILMEN: Yamamoto, Griset, Markel, Garthe, Ward, COUNCILMEN: None Evans~ ABSENT: COUNCILMEN: Bricken CLERK OF THE COUNCIL AP~ED AS TO FORfM: AMES A. WITHERS, CITY ATTORNEY JLC/dc 3-6-75