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Home My WebLink About50A - ORD NEWSBOXES CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JANUARY 16, 2007 TITLE: ORDINANCE AMENDING CHAPTER 33 OF THE MUNICIPAL CODE REGULATING NEWSBOXES APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance amending Chapter 33 of the Santa Ana Municipal Code regulating newsboxes in the public right-of-way. DISCUSSION The Santa Ana Municipal Code regulating newsboxes is found in Chapter 33, Article V, and was last amended by Ordinance No. NS-2248 adopted June 5, 1995. A newspaper publisher has requested a minor modification of our current newsbox standards in order to accommodate the display of two publications from a single newbox. Currently the required height of news box case dimensions in the public right of way is limited to 31~ inches which excludes some of the newer boxes available. Additionally, a newsbox is limited to a single publication. It is recommended that the Council adopt an ordinance amending Chapter 33 to allow case dimensions that are 36~ inches in height in order to accommodate two display windows in a single newsbox. Changes to the definition of the term "newsbox" are also proposed in order to clarify the distinction between a news box and a case. No changes are proposed that would limit or hinder valid first amendment activity. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, a Notice of Exemption has been filed for this project. 50A-1 Ordinance Amending Chapter 33 Of The Municipal Code Regulating Newsboxes January 16, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. . ~/LL -L:~ b) James G. Ross . Executive Director Public Works Agency 50A-2 Uxs 12/28/06) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING 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. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Regulations of news boxes in the public right of way have been in place since 1984. At that time, installation and location standards were adopted as part of the comprehensive newsbox ordinance. The Santa Ana Municipal Code relating to newsboxes is found in Chapter 33, Article V, and was last amended by Ordinance No. NS- 2248 adopted June 5, 1995. B. A newspaper publisher has requested a minor modification of our current newsbox standards in order to accommodate the display of two publications from a single newbox. C. Currently the code does not allow news boxes that have a case dimension greater than thirty one and one half (31 %) inches in height to be placed in the public right of way. D. Permitting a five (5) inch increase in case height dimensions will allow the placement of newboxes that accommodate two display windows in a single newsbox. E. Two display windows would allow the display of two publications. F. Changes to the definition of the term "news box" are also proposed in order to clarify the distinction between a news box and a case. G. No changes are proposed that would limit or hinder valid first amendment activity. H. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such 50A-3 Ordinance No. NS-XXX Page 1 of 5 restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 33-151 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 33-151. 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 constitute newsboxes. For purposes of this Article, a news box shall consist of a single pedestal and case as more specifically described in section 33-161 of this code. Section 4. Section 33-157 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 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 from the property line. Ordinance No. NS-XXX Page 2 of 5 50A-4 (b) No newsbox shall be placed on any parkway. (c) Nm'{sboxes shall be fifty two (52) inches in height, thirty (30) inches in width, and 1\\10 (2) foet in dopth. No placement of one (1) newsbox above another is permitted. (d) Every newsbox shall be installed on a single pedestal or up to four (4) may be installed horizontally 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. Section 5. Section 33-161 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 33-161. Standards. All newsboxes shall comply with the following standards: (1) Each newsbox case shall contain a plastic display window, a horizontal spring loaded display shelf and an automatic coin return for those news boxes which are coin operated. In the case of a new box divided into two compartments, there shall be two display windows, one for each compartment. A news box shall not be divided in order to display more than two written or printed material. (2) Each case shall be reinforced with steel angles. (3) Each support frame shall be reinforced with angle iron. (4) Each support frame pedestal shall contain a three-inch to six-inch width steel tube having one-quarter-inch wall thickness. (5) Each support frame and pedestal shall be attached to a steel pad. (6) Case dimensions shall not exceed the following: Height....J.t 36 1/2 inches Length....20 1/2 inches Width....161/4 inches (7) Support frame dimensions shall not exceed the following: 50A-5 Ordinance No. NS-XXX Page 3 of 5 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 (161/2) inches. (10) The height of the entire newsbox shall not exceed fifty-two (52) inches. Section 6. 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ordinance No. NS-XXX Page 4 of 5 50A-6 (name) City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Council members NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-7 Ordinance No. NS-XXX Page 5 of 5 50A-8