HomeMy WebLinkAboutNS-2731 - Amending Chapter 33 of the Santa Ana Municipal Code Regulating Newsboxes in Public Right of Way
ORDINANCE NS-2731
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 newsboxes 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 newsboxes that have a case dimension
greater than thirty one and one half (31 Y:z) 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 "newsbox" are also proposed in order
to clarify the distinction between a newsbox 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 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
Ordinance No. NS-2731
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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:
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 newsbox 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:
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.
(b) No newsbox shall be placed on any parkway.
(c) 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:
Sec. 33-161. Standards.
All newsboxes shall comply with the following standards:
(1) Each newsbox case shall contain a plastic display window, and an
automatic coin return for those newsboxes which are coin operated. In
the case of a newbox divided into two compartments, there shall be two
display windows, one for each compartment. A newsbox shall not be
divided in order to display more than two written or printed material.
Ordinance No. NS-2731
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(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.....36 1/2 inches
Length....20 1/2 inches
Width....161/4 inches
(7) Support frame dimensions shall not exceed the following:
Length....20 3/4 inches
Width....161/4 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.
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 5th day of Februarv. 2007.
Ordinance No. NS-2731
Page 3 of 4
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
/l
g
AYES Councilmembers Alvarez, Benavides, Bustamante. Martinez.
Pulido. Sarmiento. Tinaiero (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
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-2731 to be the original ordinance adopted by the City
Council of the City of Santa Ana on February 5. 2007, and that said ordinance was
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Date: ~/6;/ O'J ~
Patricia E. Healy
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2731
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