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HomeMy WebLinkAboutNS-1735ORDINANCE NO. NS- 1735 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE V TO CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE PROVIDING FOR THE CONTROL AND REGULATION OF NEWSBOXES IN THE PUBLIC RIGHT-OF-WAY AND REPEALING ARTICLE IV OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE REL:ar 5/24/84 THE CITY couNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code, hereby amended by adding an article to Chapter 33, to be numbered Article V, which said article reads as follows: is ARTICLE V. NEWSBOXES IN THE PUBLIC RIGHT-OF-WAY Sec. 33-150. Purpose and scope. (a) The purpose of this article is to promote the public peace, health and safety by regulating the placement, appearance, servicing and ihsuring of newb0xes so as to protect against: (1) The dangers of impairing the vision of motorists and pedestrians, particularly small children. (2) The hazards of unreasonably interfering with or impeding the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or enter- ing parked or standing vehicles. (3) Unduly restricting access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes or locations used for public transportation purposes. (4) Neglectful servicing of newsboxes result- ing in a visual blight on the city's parkways, sidewalks, and detracting from the aesthetics of store window displays, adjacent land- scaping and other improvements. ORDINANCE NO. NS-1735 PAGE TWO (5) (6) Reduction in value of surrounding property. Unnecessary exposure of the city to personal injury or property damage suits. (b) This article shall only apply to newsboxes which are located, in whole or in part, in on or over any part of the public right-of-way. Sec. 33-151. Definitions. (1) Newsbox means any self-service or coin- operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including but not limited to newspapers and news periodicals. (2) Custodian means any person or persons who have the responsibility of placing, servic- ing or maintaining a publication vending machine by depositing and/or removing material from said machine and/or by collect- ing monies from said machine. (3) Block shall mean the area between the curb and the property line on one side of the street between the next intersecting streets or the terminus of the dedicated right-of-way of a street and an intersecting street. (4) Sidewalk return. That portion of a sidewalk at a street corner bounded by the street curb, the street right-of-way line, (the property line) and the radial lines at the beginning and the end of the arc formed by the street curb. (5) (6) Public right-of-way shall include, but not be limited to the following: Street, roadway, parkway and sidewalk. Street shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys and sidewalks. ORDINANCE NOo NS- I735 PAGE THREE (7) Roadway shall mean that portion of a street which is improved, designed, or ordinarily used for vehicular travel. (8) Parkway shall mean that area between the side- walk 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. "Parkway" shall also in- clude any area within a roadway which is not open to vehicular travel. (9) (10) Sidewalk shall mean any surface provided for the exclusive or primary use of pedestrians. Director shall mean the Director of Transportation Services. ~ec. 33-152. Identification number. No person shall install or maintain any newsbox without first obtaining an identification number therefor from the director. One (1) identification number shall be required per newsbox. Each identification number shall be valid for one (1) year. Sec. 33-153. Same; Fee, Indemnity. An application for newsbox identification number shall be accompanied by a nonrefundable fee as established by resolution of the City Council, and shall contain a written statement, signed by the applicant, whereby the applicant agrees to indemnify and hold harmless the City of Santa Aha, its officers, agents and employees, from any loss or liability or damages, including expenses and costs, for bodily injury and property damage sustained by any person as a result of the location, installation, use, maintenance, removal or Storage of applicant's newsboxes within the city. Sec. 33-154. Same; Insurance. An application for newsbox identification number shall be accompanied by a certificate of insurance evidenc- ing that a comprehensive liability insurance policy has been issued for the period of the identification number, naming the City of Santa Ana, its officers, agents and employees as additional insureds. The policy limits of said insurance shall be not less than Five Hundred Thousand Dollars ($500,000.00) combined single limit, or equivalent. ORDINANCE NO. NS- I735 PAGE FOUR Said policy shall also contain a provision that no termination, cancellation, or change of coverage of insured or additional insureds shall be effective until after twenty (20) days notice thereof has been given in writing to the clerk of the council. If such insurance is cancelled at any time during the time applicant's newsboxes are installed on public property, such newsboxes shall be removed in accord- ance with section 33-164. Sec. 33-155. Same; location, amendment. The application for newsbox identification number shall describe the location(s) where newsboxes are to be placed by the applicant. In the event additional newsboxes are installed within the city or newsboxes are removed from the city subsequent to issuance of the identification number, an amended application shall be filed with the director. Sec. 33-156. Projection onto roadway. No person shall install, use or maintain any news- box which projects onto, into or over any part of the road- way of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street. Sec. 33-157. Placement. (1) Newsboxes shall only be placed near a wall or a building or adjacent to the property line. Newsboxes placed adjacent to the property line shall be placed par- allel to such property line and not more than four (4)inches from the property line. (2) No newsbox shall be placed on any parkway. height, depth. (3) Newsboxes shall be fifty-two (52) inches in thirty (30) inches in width, and two (2) feet in No placement of one newsbox above another is permitted. (4) Every newsbox shall be installed on a single pedestal or up to four (4) may be installed on a multiple post which shall be securely anchored to the surface and shall be constructed, installed and maintained in a safe and secure condition, approved by the director. Sec. 33-158. Location standards. Newsboxes shall not be placed, installed or maintained: ORDINANCE NO. NS-1735 PAGE FIVE (1) within ten (10) feet of the point of intersection of the edge of a marked crosswalk; (2) On or within thirty (30) feet of any sidewalk return at any street corner; (3) On those sidewalks that have been designated as official bike routes; (4) Within twenty (20) feet of any fire hydrant, fire call box or police call box; (5) Within ten (10) feet of any driveway; (6) within ten (10) feet of light standards, trash receptacles, traffic signal control boxes, mail boxes, water meters, gas meters, electrical pull boxes, catch basins and sewer manhole covers and sewer lines; (7 Within ten (10) feet of any bus bench; Within ten (10) feet ahead of any sign marking a designated bus stop; (9 Within ten (10) 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 passageway on the sidewalk is reduced to less than five (5) feet; (11) Within three hundred (300) lineal feet from any other such newsbox within the same block containing the same edition of the same publication; (12) Within ten (10) feet of the imaginary lines that would be formed by extending the width of the entrance to a structure. (13) within fifteen (15) feet of a city tree.' (14) within five (5) feet of a curb face. ORDINANCE NO. NS '1735 PAGE SIX Sec. 33-159. Bolting. (1) Newsboxes must be bolted down. No more than four (4) such newsboxes may be placed together in this manner and must be spaced two (2) inches apart. A space of no less than three (3) feet shall separate each group of four (4) newsboxes so placed. (2) No newsbox shall be bolted or otherwise attached to property outside of and adjacent to the public right-of-way unless the custodian has submitted to the director written permission from the property owner. (3) Newsboxes may be placed next to each other, provided that no group of said newsboxes shall extend more than nine (9) feet along a wall and a space of no less than three (3) feet shall separate each such group of newsboxes. (4) In the case of any violation of subsection (1), (2) or (3) of this section, the director remove the machine and its contents after following the procedure out- lined in section 33-164. Sec. 33-160. Advertising uses. No newsbox shall be used for commercial adver- tising signs or publicity purposes other than to state the name of the publication sold therein. Sec. 33-161. Standards. Ail newsboxes shall comply with the following standards: (1) Each newsbox shall contain a plastic display window, a horizontal spring-loaded display shelf and an automatic coin return. (2) angles. (3) angle iron. (4) 3-inch to 6-inch steel tube having 1/4-inch wall thickness. (5) Each support frame and pedestal attached to a steel pad. Each case shall be reinforced with steel Each support frame shall be reinforced with Each support frame pedestral shall contain a shall be ORDINANCE NO. NS-1735 PAGE SEVEN (6) Case dimensionsshall not exceed the following: Height Length Width 31-1/2 inches 20-1/2 inches. 16-1/4 inches (7) Support frame dimensions shall not exceed the following: Length Width . Height (8) Steel pad dimensions 20-3/4 inches 16-1/4 inches 1-1/2 inches shall not exceed the following: Length and width Thickness . 10 inches 3/16 inches (9) The height of the pedestal shall not exceed 16-1/2 inches. (10) The height of the entire newsbox shall not exceed 52 inches. Sec. 33-162. Maintenance, abandonment and removal. (1) Each newsbox shall be maintained so as not to become mechanically inoperable or have cracked or broken coverings or casings. The newsboxes shall be painted or covered with a protective coating so as to keep them free from rust. (2) No issue or edition of~ any publicat, ion shall be allowed to remain in any such newsbox for a period in excess of four (4) days past the date the next issue is published or disseminated (whichever is sooner). Any issue or edition remaining in a newsbox for more than four (4) days after the date the next issue is published or dis- seminated (whichever is sooner) shall be summarily removed and stored in a convenient location by the director. (3) In the event any newsbox installed pursuant to this article is not serviced with the publication it is designed to disseminate for a period of five (5) days, it shall be deemed abandoned and summarily abated. Thereafter, the custodian shall be notified by certified mail and given thirty (30) days to pay the expenses of removal and storage. If he fails to pay these expenses within thirty (30) days of the date notification is sent, the newsbox shall be proce- ssed as unclaimed property and disposed of pursuant to the ORDINANCE NO. NS-1735 PAGE EIGHT provisions of law. For purposes of this section, "is not serviced" shall mean that no issue is in the newsbox for a period of five (5) days or longer; or an issue that has been followed by a more recent issue, remains in the newsbox for a period of five (5) days or longer. (4) The director shall notify the custodian of such newsbox of such removal and storage as soon thereafter as practical, but in any event no longer than five (5) days thereafter. Sec. 33-163. Identification required. Every person or custodian who places or maintains a newsbox on a public sidewalk in the city shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen. If the person or custodian is a corporation, then the name, address, and telephone number of the distributor, or an individual who can relate the name of the distributor, must be affixed in a place where such information can be easily seen. The identification number must be placed inside of the front window of the newsbox where it may be readily seen. Sec. 33-164. Removal of newsboxes. (1) If any newsbox is not properly identified as to the owner or custodian thereof, a copy of section 33-163 (the identification requirement) shall be sent by certified mail, return receipt requested, to the publisher of the publication sold in the newsbox, and a copy of said section will be posted on said newsbox. (2) If any newsbox is properly identified, but in the opinion of the director is installed, used or maintained in violation of any other provisions of this article, an order to correct the offending condition shall be sent by certified mail, return receipt requested, to the owner or custodian of such newsbox, such order shall specifically describe the offending condition and recommend actions necessary to correct. (3) If within five (5) working days after the mailing of notice, a newsbox is not properly identified or the offending condition is not corrected, or the owner or custodian has not requested a hearing before the director or his designated representative, the offending newsbox and its contents shall be removed and stored in a convenient loca- tion by the director. ORDINANCE NO. Ns-l?35 PAGE ~IN~ (4) Upon failure of the owner or custodian to claim a newsbox and pay a Thirty-five Dollar ($35.00) fee for removal and storage, or appeal pursuant to section 33- 166 within thirty (30) days after such removal, said newsbox and its contents shall be processed as unclaimed property and disposed of, pursuant to the applicable provisions of law. When a newsbox has been removed and processed as un- claimed property, the owner or custodian shall be charged a processing fee of Twenty Dollars ($20.00) in addition to the removal fee, before the newsbox may be released. Sec. 33-165. Moving of machines. In the case of violations of sections 33-156, 33- 157 and 33-158, the director, as an alternative to removal under the provisions under section 33-164, may move such machines in order to restore them to a legal condition. Sec. 33-166. Appeals. Any person or entity aggrieved by a finding, notice, or action taken under the provisions of this ar- ticle, may appeal pursuant to the procedures of Chapter 3 of this Code, and shall be apprised of his right to appeal. Sec. 33-167. Violation penalty. Any person violating any of the provisions of this article shall be guilty of an infraction, and upon convic- tion thereof, shall be subject to a fine not to exceed Fifty Dollars ($50.00) for a first violation; a fine not exceeding One Hundred Dollars ($100.00) for a second violation of the same article within one year; a fine not exceeding Two Hundred Fifty Dollars ($250.00) for each additional viola- tion of the same article within one year. Each day that such violation is committed or permitted to continue shall constitute a separate offense, and shall be punishable as such hereunder. SECTION 2. That Article IV of Chapter 10 of the Santa Ana Municipal Code, consisting of Sections 10-221 through 10-238, is hereby repealed. 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 validity of the remaining portions of this ordinance. The City Council of the City of ORDINANCE NO. NS-1735 PAGETEN 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, sentences, 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 fo~ violation of ordinances, which violations were committed prior to the effective date he~e- of, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such li- cense or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash 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. ADOPTED this 2nd day of July , 1984. ATTEST: C. GUY / CLERK OF THE COUNCIL' 1~/ W~/LI~XEMBOURGER, ~'~ APPROVED AS TO FORM: COUNCILMEMBERS: Luxembourger Aye Griset $¥e Acosta ~ve Bricken ~ent Johnson Ave McGuigan Young Aye ~TORI~EY EDWARD~J~__PER