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HomeMy WebLinkAboutNS-1247ORDINANCE NO. NS-1247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-221, 10-223 THROUGH 10-230, AND 10-233 OF THE SANTA ANA ANA MUNICIPAL CODE REGULATING THE INSTALLATION, USE AND MAINTENANCE OF PUBLICATION VENDING MACHINES (NEWSRACKS) ON CITY STREETS, DECLARING THE URGENCY THEREOF, AND PROVIDING FOR IMMEDIATE EFFECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: This ordinance is urgently required for the immediate preservation of public peace, health, and safety for the reasons that the ordinance (NS-1241) which this ordinance amends by adding a number of defin- itions will become enforceable on or about February 17, 1975. Both this ordinance and NS-1241 deal with the placement and maintenance of coin operated news vending stands on the public rights-of-way. Without this ordinance the former ordinance will not effectively protect the health and safety of the citizens of the City. Therefore, the City Council declares that this ordinance shall take effect as, and is adopted as, an emergency measure and is to be enforced from the date of its publication. SECTION 2: That Section 10-221 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-221. Definitions (1) Publication Vending Machine 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. ORDINANCE NO.' NS-1247 PAGE TWO (2) Person means any individual, partnership, firm, association, corporation or other legal entity. (3) Custodian means any person or persons who have the respon- sibility of placing, servicing or maintaining a publication vending machine by depositing and/or removing material from said machine and/or by collecting monies from said machine. (4) 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. (5) Improved Area - any area which has been improved with real artificial lawn, flowers, shrubs, trees, plants, rocks, bark, textured concrete, or other materials designed to upgrade the property. or (6) Display window any window located or utilizied so as to exhibit or make a presentation of merchandise; or any window located or utilizied so as to give evidence to the general public of the interiors of business concerns. (7) 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. (8) Public right-of-waS shall include, but not be limited to the following: street, roadway, parkway and sidewalk, as these terms are hereinafter defined. (a) "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; (b) "Roadway" shall mean that portion of a street which is improved, designed, or ordinarily used for vehicular travel; (c) "Parkway" shall mean that area between the sidewalk and the curb of any street and, where there is not sidewalk, that area between the edge of the roadway and the property line adja- cent thereto. "Parkway" shall also include any area within a roadway which is not open to vehicular travel; (d) "Sidewalk" shall mean any surface provided for the exclusive or primary use of pedestrians. SECTION 3: That section 10-223 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-223. Purpose The purpose of this ordinance is to promote the public peace, health and safety by regulating the placement, appearance, servicing and insuring of publication vending machines so as to protect against: (1) The dangers of impairing the vision of motorists and pedestrians, particularly small children; ORDINANCE NO~ NS-1247 PAGE THREE (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) 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 publication vending machines 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. SECTION 4: That section 10-224 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-224. Placement (1) Publication vending machines within public rights-of- way shall only be placed near a curb or adjacent to a wall or a building. Such machines placed near the curb shall be placed so that the portion or projection thereof which is closest to the edge of the curb or its vertical extension shall be more than eighteen (18) inches but less than twenty-four (24) inches from said edge or its vertical extension. Those machines placed ad- jacent to the property line shall be placed parallel to such property line with no portion or projection of the machine being more than twenty-eight (28) inches from the property line. (2) No publication vending machine shall be placed or main- tained opposite another publication vending machine on the same sidewalk in the same block unless it is more than one hundred (lO0) feet from the nearest opposite publication vending machine. (3) No publication vending machine shall be placed on any parkway. (4) The provisions of this ordinance shall only apply to those publication vending machines placed on the public right-of-way. SECTION 5: That section 10-225 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-225. Location Standards Notwithstanding any other publication vending machine shall tained: provisions of this Article, no be placed, installed or main- (1) Within ten (10) feet of the point of intersection of the edge of a marked crosswalk and the curb line; ORDINANCE Nb. NS-1247 PAGE FOUR (2) On or within fifteen (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; tacles, meters, covers; (6) Within five (5) feet of light standards, trash recep- traffic signal control boxes, mail boxes, water meters, gas electrical 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 red, 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 five (5) feet of any display window of any building or structure; (12) Within three hundred (300) lineal feet from any other such machine within the same block containing the same edition of the same publication; (13) 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 6: That section 10-226 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-226. Moving of Machines In the case of violations of sections 10-222, 10-224, and 10-225, the Director of Public Works, as an alternative to removal under the provisions under section 10-233, may move such machines in order to restore them to a legal co--~-~-~ltion. SECTION 7: That section 10-227 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-227. Chaining and Bolting (1) Publication vending machines may be chained or otherwise attached to one another, provided no more than four (4) such machines may be joined together in this manner and a space of ORDINANCE NO. NS-1247 PAGE FIVE no less than three (3) feet shall separate each group of four (4) such machines so attached. (2) No publication vending machine within the public rights-of-way shall be chained, bolted, or otherwise attached to public or private property not owned by the owner of said machine unless he has obtained permission from the Public Works Department or submitted to them written permission from the property owner. (3) Publication vending machines may be placed next to each other, provided that no group of said machines shall extend more than nine (9) feet along a curb or wall and a space of no less than three (3) feet shall separate each such group of machines. (4) In the case of any violation of Subsection (1), (2), or (3) above of this section 10-227, the Director of Public Works may remove the machine and its contents after following the procedure outlined in Section 10-233(2), (3), and (4). SECTION 8: That section 10-228 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 228. Dimensions and Location of Special Machines (1) No publication vending machine shall exceed four (4) feet in height, thirty (30) inches in length, or two (2) feet in width unless its nearest portion of projection is more than five (5) feet from the edge of the curb or its vertical extension and then the height of the machine shall not exceed five and one-half (5-1/2) feet with the other dimensions remaining the same. (2) All publication vending machines that are placed on the sidewalk or parkway within twenty (20) feet of any display window or any area improved with real or artificial lawn, flowers, shrubs, trees, plants, rocks, bark or textured concrete shall be located on a frame and casing that meets the standards on file in the Public Works Department. The frames shall, with the attached casings, be placed in accordance with all provisions of this ordinance. SECTION 9: That section 10-229 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-229. Advertising Uses No publication vending machine shall be used for commercial advertising signs or publicity purposes other than to state the name of the publication sold therein. SECTION 10: That section 10-230 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-230. Maintenance~ Abandonment and Removal (1) Each publication vending machine shall be maintained so as not to become mechanically inoperable or have cracked or broken coverings or casings. The machine shall be painted or covered with a protective coating so as to keep them free from rust. ORDINANCE' NO.'NS-1247 PAGE SIX (2) NO issue or edition of any publication shall be allowed to remain in any such machine 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 publi- cation vending machine for more than four (4) days after the date the next issue is published or disseminated (whichever is sooner) shall be summarily removed and stored in a convenient location by the director of public works. (3) In the event any publication vending machine installed pursuant to this chapter 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 machine shall be processed as unclaimed property and disposed of pursuant to the provisions of law. For purposes of this section, "is not serviced" shall mean that no issue is in the machine for a period of five (5) days or longer; or an issue that has been followed by a more recent issue, remains in the machine for a period of five (5) days or longer. (4) The Director of Public Works shall notify the custodian of such publication vending machine of such removal and storage as soon thereafter as practical, but in any event no later than five (5) days thereafter. SECTION ll: That section 10-233 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-233. Removal of Publication Vendin9 Machines (1) Within thirty (30) days after this ordinance becomes effective if any publication vending machine is not properly iden- tified as to the owner or custodian thereof, a copy of Section 10-231 (the identification requirement) shall be sent by certified mail, return receipt requested, to the publisher of the publication sold in the machine, and a copy of said section will be posted on said machine. (2) If any publication vending machine is properly identified but in the opinion of the Director of Public Works 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 cus- todian of said machine. Such order shall specifically describe the offending condition and recommend actions necessary to correct it. (3) If within five (5) working days after the mailing of notice, a machine is not properly identified or the offending condition is not correct, or the owner or custodian has not re- quested a hearing before the Director of Public Works or his designated representative, the offending publication vending machine and its contents shall be removed and stored in a con- venient location by the Director of Public Works. ORDINANCE NO. NS-1247 PAGE SEVEN (a) Upon failure of the owner or custodian to claim his publi- cation vending machine and pay a twenty-five dollar ($25.00) fee for removal and storage, or appeal pursuant to Section 10-237 within thirty (30) days after such removal, said machine and its contents shall be processed as unclaimed property and disposed of pursuant to the applicable provisions of law. When a publication vending machine has been removed and processed as unclaimed property, the owner or custodian shall be charged a processing fee of fifteen dollars ($15.00) in addition to the removal fee, before the machine may be released. (b) The availability or exercise of such power of removal shall be in addition to any other civil remedies at law or in equity or any criminal remedies available to the city. SECTION 12: 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 13: 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 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 14: The Clerk of the Council shall certify to passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. the PASSED AND ADOPTED Santa Ana as an emergency held on the 20th day of by the City Council of the City measure at its regular meeting January , 1975. of FURTHER PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 3rd day of Februar~ , 1975. ATTEST: MAYOR CLERK OF THE COUNCIL ORDINANCE' NO. NS-1247 PAGE EIGHT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS.: 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 regular meeting held on the 20th day of January , 1975, and was at said meeting passed and adopted as an emergency measure by the following vote, to wit: AYES, COUNCILMEN: Griset, Yamamoto, Markel, Bricken, Evans, Oarthe, Ward NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None I further certify that the foregoing Ordinance was intro- duced to said Council at its regular meeting held on the 20th day of January , 1975, and was again considered by said Council at its regular meeting held on the 3rd day of February , 1975, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Griset, Yamamoto, Markel, Evans, Garthe, Ward NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Bricken, CLERK OF THE COUNCIL 'AMES A. WITHERS, CITY ATTORNEY