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<y.
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