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HomeMy WebLinkAboutNS-2248 - Amending Article V of Chapter 33 of the Santa Ana Municipal Code, Regulating Newsboxes in the Public Right-of-Way479 ORDINANCE NO. NS- 2248 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE V OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE, REGULATING NEWSBOXES IN THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Article V of Chapter 33 of the Santa Aha Municipal Code, consisting of sections 33-150 through 33-167, is hereby amended to read as foll6ws: ARTICLE V. ~BBOXEH IN THE PUBLIC RIGHT-OF-NAY BOO. 33-150. Purpose and soope. (a) The purpose of this article is to promote the public peace, health and safety by regulating the placement, appearance, servicing and insuring of newsboxes 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 entering parked or standing vehicles. (3) (4) Unduly restricting access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes or loca- tions used for public transportation purposes. Neglectful servicing of newsboxes resulting in a visual blight on the city's parkways, sidewalks, and detracting from the aesthetics of store window displays, adjacent landscaping and other improvements. (5) Reduction in value of surrounding property. (6) 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. 1 ORDiNAnCE S-2248 481 Page 2 Bee. 33-LSX. Definitions. (a) 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; except that cardboard, plywood or plastic boxes or crates and containers made of similar materials shall not consti- tute newsboxes. (b) Custodian means any person or persons who have the responsibility of placing, servicing or maintaining a publication vending machine by depositing and/or removing material from said machine and/or by collecting mqnies from said machine. (c) Block shall mean the area between the curb and the property line on one side of the street between the next intersect- ing streets or the terminus of the dedicated right-of-way of a street and an intersecting street. (d) 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. (e) Public right-of-way shall include, but not be limited to the following: Street, roadway, parkway and sidewalk. (f) 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. (g) Roadway shall mean that portion of a street which is improved, designed, or ordinarily used for vehicular travel. (h) Parkway shall mean 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. "Parkway" shall also include any area within a roadway which is not open to vehicular travel. (i) Sidewalk shall mean any surface provided for the exclusive or primary use of pedestrians. (j) Director shall mean the executive director of the public works agency. Sec. 33-$52. Permit and identification deoals rec~re4. NO person shall install or maintain any newsbox without first 2 ORDINANCE NS-2248 Page 3 483 obtaining a permit and city identification decal(s) from the director. One permit shall be required for each applicant, regardless of the number of newsboxes. Each permit shall be valid for one year. A city identification decal shall be required for each newsbox. The director shall approve or deny each application within 120 days after the application is accepted as complete. Any application which is not denied within said time period shall be deemed approved. Sec. 33-~53. Permit fees, in4em~it¥. An application for a permit shall be accompanied by nonrefun- dable fees as established by rgsolution of the city council, and shall contain a written statement, signedbythe applicant, whereby the applicant agrees to indemnify and hold harmless the City of Santa Ana, 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-~54. Znsura~ce. An application for a permit shall be accompanied by a certificate of insurance evidencing that a comprehensive liability insurance policy has been issued for the period of the identifica- tion number, naming the City of Santa Aha, 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. 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 thirty (30) days notice thereof has been given in writing to the clerk of the council. If such insurance is canceled at any time during the time applicant's newsboxes are installed on public property, such newsboxes shall be removed in accordance with section 33-164. 8eo. 33-X55. Permit location, amendment. The application for a permit 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 permit, an amended application shall be filed with the director and fees for any additional newsbox locations shall be paid. 3 O D NA CE S-2248 485 Page 4 Bec. 33-156. Projection onto roadway. No person shall install, use or maintain any newsbox which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street. 8ao. 33-157. Placement. (a) 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 parallel to such property line and not more than four (4) inches ~rom the property line. (b) No newsbox shall be placed on any parkway. (c) Newsboxes shall be fifty-two (52) inches in height, thirty (30) inches in width, and two (2) feet in depth. No placement of one newsbox above another is permitted. (d) 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. Seo. 33-158. Location standards. Newsboxes shall not be placed, installed or maintained: (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 recepta- cles, 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; 4 Page 5 (8) Within ten (10) feet ahead of any sign marking a desig- nated 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 ten (10) feet of the imaginary lines that would be formed by extending the width of the entrance to a structure. (12) Within fifteen (15) ~eet of a city tree. (13) Within five (5) feet of a curb face. Boo. 33-159. Bolting. (a) 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. (b) 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. (c) In the case of any violation of subsection (1), (2) or (3) of this section, the director shall remove the machine and its contents after following the procedure outlined ~n section 33-164. Bec. 33-160. Advertising uses. No newsbox shall be used for commercial advertising signs or publicity purposes other than to state the name of the publication sold therein. Boo. 33-161. Standards. All newsboxes shall comply with the following standards: (1) Each newsbox shall contain a plastic display window, a horizontal spring-loaded displayshelf and an automatic coin return. (2) Each case shall be reinforced with steel angles. 5 ORDINANCE NS-2248 Page 6 ,489 (3) Each support frame shall be reinforced with angle iron. (4) Each support frame pedestal shall contain a three-inch to six-inch steel tube having one-quarter-inch wall thick- ness. (5) Each support frame and pedestal shall be attached to a steel pad. (6) Case dimensions shall not exceed the following: Height .... 31 1/2 inches Length .... 20 1/2 inches Width ..... 16 1/4 inches (7) Support frame dimensions shall not exceed the following: Length .... 20 3/4 inches width ..... 16 1/4 inches Height ..... 1 1/2 inches (8) Steel pad dimensions shall not exceed the following: Length and width .... 10 inches Thickness ........... 3/16 inch (9) The height of the pedestal shall not exceed sixteen and one-half (16 1/2) inches. (10) The height of the entire newsbox shall not exceed fifty-two (52) inches. Sec. 33-161.5. Prohibition &gainst distribution of materials from containers other than nowsboxos. No person shall place any cardboard, plywood or plastic box or crate or other container that is not a newsbox on any sidewalk or street or other public place and leave the same unattended for the purpose of causing or allowing materials within the same to be taken by members of the public. Any such container placed on any street or sidewalk in violation of this section may be summarily abated by city personnel. 491 ORDINANCE N$-2248 Page 7 Bec. 33-Z62. Y.~intenanoe and abandonment. (a) 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. (b) No issue or edition of any publication 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 (whichev- er 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 disseminated (whichever is sooner) shall be summarily removed and discarded by the director. (c) 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 shall be subject to removal pursuant to section 33- 164. 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. 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 city identification decal must be placed inside of the front window of the newsbox where it may be readily seen. Bec. 33-164. Removal of nowsboxes. (a) If any newsbox is not properly identified as to the owner or custodian thereof or identified with a city identification decal, 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. (b) 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 or is abandoned, an order to correct the offending condition shall be sent by certified mail, return receipt requested, to the owner or custodian of such 7 ORDINANCE NS-2248 Page 8 493 newsbox. Such order shall specifically describe the offending condition and recommend actions necessary to correct. (c) If within five (5) working days following receipt of the 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 represen- tative, the offending newsbox and its contents shall be removed and stored in a convenient location by the director. (d) The director shall notify the custodian of a newsbox which has been removed and stored by the director of such removal and storage as soon thereafter as practical, but in any event no longer than five (5) days thereafter. The custodian shall be notified by certified mail and given thirt~ (30) days to pay the expenses of removal and storage. (e) Upon failure of the owner or custodian to claim a newsbox and pay a fee as set by city council resolution 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. (f) When a newsbox has been removed and stored, the owner or custodian shall be charged a processing fee as set by city council resolution in addition to the removal fee, before the newsbox may be released. (g) Upon removal of any newsbox by the owner or custodian, the owner or custodian shall remove all materials from the site and shall restore the site to the condition in existence prior to the installation of the newsbox. Geo. 33-165. Moving of newshoxes. 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 newsboxes in order to restore them to a legal condition. Sea. 33-166. Appeals. Any person or entity aggrieved by a finding, notice, or action taken under the provisions of this article, may appeal pursuant to the procedures of Chapter 3 of this Code, and shall be apprised of his right to appeal. 8 495 ORDINANCE NS-2248 Page 9 Beo. 33-167. Vtol&tton pen&lty. Any person violating any of the provisions of this article shall be guilty of an infraction, and upon conviction 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 violation 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. ~: In order to pr6vide sufficient time for owners of newspaper companies and their distributors to remove newsboxes which are now in violation of the requirements of Article V of Chapter 33 of the Santa Ana Municipal Code or to obtain permits and relocate newsboxes as may be necessary to obtain compliance with said Article, the Executive Director of the Public Works Agency shall not initiate proceedings for the removal of newsboxes pursuant to section 33-164 of said Article prior to August 1, 1995. SECTION 3: Until such time as the City Council sets a different fee or fees by resolution, the fee for a newsbox permit pursuant to section 33-153 of the Santa Ana Municipal Code shall be $100.00 per publication plus $15.35 for each location at which the permittee proposes to maintain one or more newsboxes, and the removal and storage fee specified in subsection (d) of section 33- 164 shall be $35.00, and the processing fee specified in subsection (e) of section 33-164 shall be $20.00. SECTION 4: 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 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. ~: 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 of the provisions of such ordinance relating to the collection of any such license 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 9 ORDINANCE NS-2248 497 Page 10 obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 5th day of June , 1995. APPROVED AS TO FORM: Pulido Aye Richardson Aye Espinoza Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance /O~ - ~ ~ to be the original ordinance adopted by the City Council of the City of Santa Ana on with the Charter of the City of Santa Ana. Date: ~ -~-- 95-- ; and that said ordinance was published in accordance  of the Council f Santa ^ha