HomeMy WebLinkAbout571 - OrdinancesORDINANCE NO. 571
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE
RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW
CHAPTER 12.16 TO TITLE 12 THEREOF AND PROVIDING FOR
THE REGULATION OF NEWSPAPER RACKS WITHIN THE CITY.
The City Council of the City of Rancho Cucamonga does hereby ordain as follows:
SECTION 1. The Rancho Cucamonga Municipal Code is hereby amended by the
addition of a new Chapter 12.16 to Title 12 thereof to read, in words and figures, as
follows:
Chapter 12.16
REGULATION OF NEWSPAPER RACKS
SECTIONS:
12.16.010
12.16.020
12.16.030
12.16.040
12.16.050
12.16.060
12.16.070
12.16.080
12.16.090
12.16.100
12.16.110
12.16.120
12.16.130
12.16.140
12.16.150
12.16.160
Intent and purpose.
Definitions.
Permit required.
Prohibited installations.
Placement and maintenance standards.
Maintenance standards.
Display of certain matter prohibited.
Display of harmful matter.
Violation - notice to owner.
Impounding of newsracks - when authorized.
Impounding of newsracks - request for hearing.
Return of impounded newsracks - conditions.
Sale or disposal after impoundment.
Impoundment - hearing procedures.
Appeals.
Restoration following newsrack removal.
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Page 2
12.'16.010-1ntentand Purpose. The City Council of the City of Rancho
Cucamonga hereby finds that newsracks, stands, containers, and similar
newspaper and vending devices have proliferated and increased in areas of the City
of Rancho Cucamonga to the extent that, in some instances, they constitute a threat
to the public health, safety, and welfare by impeding pedestrian traffic and
interfering with ingress and egress to and from buildings, vehicles, and public
modes of transportation.
The purpose of this Chapter is to promote the public health, safety, and welfare
through the regulation of placement, appearance, number, and size and servicing
of news racks on public rights-of-way so as to:
A. Provide for pedestrian and driving safety and convenience;
Insure no unreasonable interference with 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;
Provide reasonable access for the use and maintenance of sidewalks,
poles, posts, traffic signs or signals, hydrants, mailboxes, and access to
locations used for public transportation services;
Reduce visual blight on the public rights-of-way and protect the
aesthetics of store window displays, public landscaping, and other
improvements;
E. Maintain and protect the value of surrounding properties;
F. Reduce exposure to the City to personal injury or property damage
claims and litigation:;
G. Protect the right to distribute information as protected by the state and
federal constitutions through the use of newsracks;
H. Avoid interference with the emergency activities of public safety
agencies.
It is not the intent of this Chapter to in any way discriminate against, regulate, or
interfere with the publication, circulation, distribution, or dissemination of any
newspapers or other written materials.
12.16.020 - Definitions. For purposes of this Chapter, the following words and
phrases shall be construed to have the meanings herein set forth, unless it is
apparent from the context that a different meaning is intended:
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Page 3
"Director" means the Director of Community Development of the City of
Rancho Cucamonga or his or her designee.
"Explicit sexual acts" means depictions of sexual intercourse, oral copulation,
anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory
functions in conjunction with sexual activity, masturbation, or lewd exhibition of
genitals, whether any of the above conduct is depicted or described as being
performed alone or between members of the same or opposite sex or between
humans and animals, or other acts of sexual arousal involving any physical contact
with a person's genitals, pubic region, pubic hair, perineum, anus, or anal region.
"Newsrack" means any self-service or coin-operated box, container, storage
unit, or other dispenser installed, used, or maintained for the display, sale, or
distribution of any publication.
"Owner" means any person or company whose name appears as an owner on
a newsrack as required by Section 12.16.050.H of this Chapter, for which a permit
is sought or obtained.
"Parkway" means that area between the sidewalks 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. Parkways shall also include any area within a
roadway which is not open to vehicular travel.
"Public right-of-way" means any place of any nature which is dedicated to use
by the public for pedestrian and vehicular travel, and includes, but is not limited to,
a street, sidewalk, curb, gutter, public easement, crossing, intersection, parkway,
highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct,
bridge, thoroughfare, park, square, and any other similar public way.
"Roadway" means that portion of a street improved, designed, or ordinarily
used for vehicular travel.
"Sidewalk" means any surface provided for the use of pedestrians.
"Street" means all that area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks.
12.'16.030 - Permit Required.
A newsrack permit issued in accordance with this Chapter shall be required prior
to the installation, placement, or maintenance of any newsrack which, in whole
or in part, rests upon, in, or over any public right-of-way. Each permit shall be
valid for one year unless sooner terminated as provided herein, and may be
renewed annually. Each permit shall designate the number and location or
locations of newsracks for which the permit has been issued.
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B. Application. A written application for a newsrack permit shall be filed with the
Director and shall contain the following:
1. The name, address, and telephone number of the applicant and owner of the
newsrack(s);
2. The name, address, and telephone number of a representative or other
responsible person whom the City may notify or contact at any time concerning the
applicant's newsrack(s);
3. The number of newsracks at the street address of each proposed location
as shown on a scaled drawing;
4. A diagram of the location or locations proposed for the installation of the
newsrack(s);
5. Name(s) of newspaper(s) or other written material to be contained in each
newsrack;
6. Type or brand of newsrack, including a photograph or scaled drawing of the
newsrack and mount; and
7. A written statement, satisfactory to the City Attorney, whereby the owner
agrees to indemnify, defend, and hold harmless the City, its officers, officials, and
employees, from any loss or liability or damage, including expenses and costs, for
bodily or personal injury, and for property damage sustained by any person, as a
result of the installation, use, or' maintenance of a newsrack or newsracks within the
City.
C. Each application shall be accompanied by a non-refundable fee in an amount
set by resolution of the City Council, which shall not exceed the actual cost of
investigating the facts contained in the application and processing of the
application.
D. Issuance and Denial. Upon a finding that the applicant is in compliance with the
provisions of this Chapter, the Director shall issue a newsrack permit applicable
to the location or locations approved by the Traffic Engineer. If a permit is
denied, the applicant shall be notified in writing of the specific cause of such
denial by the Director and of the right to appeal in accordance with Section
12.16.140 of this Chapter.
A newsrack permit shall not be required prior to the installation, placement, or
maintenance of a newsrack which does not rest, in whole or in part, in or upon
a public right-of-way. Such newsrack may not, however, be placed within any
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Page 5
required setback area, or where otherwise prohibited by the Development Code
of the City of Rancho Cucamonga. For purposes of application of the
Development Code to newsracks, a newsrack shall be deemed to be a
'structure.'
12.16.040 Prohibited installations.
No person shall install, use, or maintain, or cause to be installed, used, or
maintained, any newsrack 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.
No person shall install, use, or maintain, or cause to be installed, used, or
maintained, any newsrack which, in whole or in part, rests upon, in, or over any
public sidewalk or parkway, when such installation, use, or maintenance::
1. Would likely endanger the safety of persons or property; or
2. Is on a site or location used for public utility purposes, public transportation
purposes, or other governmental purpose;
3. Would likely and unreasonably interfere with or impede the flow of
pedestrian or vehicular traffic, including access to any legally parked or stopped
vehicle; or
4. Would likely and unreasonably interfere with or impede ingress into or
egress from any residence or place of business, or the use of poles, posts, traffic
signs or signals, hydrants, mailboxes, or other objects permitted at or near the
location; or
5. Would interfere with the cleaning of any sidewalk by the use of mechanical
sidewalk cleaning machinery.
12.16.050 - Placement standards. Any newsrack which, in whole or in part, rests
upon, in, or over any public sidewalk or parkway shall comply with the following
standards:
A. Each newsrack shall be installed in an upright and secure position.
Each newsrack shall be of a type that is completely enclosed with a self-closing
door that is either self-latching or otherwise requires manual or mechanical
release at each use.
C. No newsrack shall exceed 40 inches in height, 30 inches in width, or 24 inches
in thickness.
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Newsracks shall only be placed near a curb or adjacent to the wall of a building.
Newsracks placed near the curb shall be placed no less than 18 inches nor
more than 24 inches from the edge of the curb and shall not open toward the
roadway. Newsracks placed adjacent to the wall of a building shall be placed
parallel to the wall and not less than 6 inches nor more than 18 inches from the
wall. No newsrack shall be placed or maintained on a sidewalk or parkway
opposite a newsstand or another newsrack.
E. No newsrack shall be chained, bolted, or otherwise attached to:
1. Any property without the express written permission of the owner of such
property; provided however, that the Director may require newsracks to be secured
to the sidewalk by means of an approved device; or
2. Any fixture located in the public right-of-way, except to other newsracks,
including but not limited to, any tree, streetlight post, traffic signal, or sign.
Attachment to Other Newsracks. Newsracks, when placed side-by-side, may
be chained or otherwise attached to one another, provided that no group of
newsracks shall extend for a distance of more than 10 feet along a curb, and a
space of not less than 6 feet shall separate each group of newsracks.
G. Notwithstanding the provisions of Section 12.16.040, no newsrack shall be
placed, installed, used, or maintained:
1. Within 10 feet of any marked 'mid-block' crosswalk;
2. Within 30 feet of any street or alley curb return;
3. Within 8 feet of any fire hydrant, fire call box, curb bordering any fire access
lane, police call box, or other emergency facility;
4. Within 10 feet of any driveway;
5. Within 5 feet ahead of or 25 feet to the rear of any sign marking a
designated bus stop;
6. Within 6 feet of any bus bench or bus shelter;
7. At any location whereby the clear space for the passageway of pedestrians
is reduced to less than 4 feet; or
8. Within 3 feet of any area improved with lawn, flowers, shrubs, or trees or
within 3 feet of any display window of any building abutting the sidewalk or parkway
or in such manner as to impede or interfere with the reasonable use of such window
for display purposes.
Ordinance 571
Page 7
H. Color. Newsracks shall be of unobtrusive neutral colors of grey, brown, or black
in order to blend in with the streetscape.
I. Materials. Newsracks shall be constructed of metal, except for the display
window.
No newsrack shall be used for advertising signs or publicity purposes other than
that dealing with the display, sale, or purchase of the newspaper or printed
material sold therefrom..
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Each newsrack shall be constructed and located in compliance with this Chapter
and in such manner as to comply with all state and federal regulations
concerning access by disabled persons.
Each newsrack shall have affixed thereto, in a place where such information
may be easily seen, the correct name, address, and telephone number of the
owner thereof. Upon acceptance of a newsrack permit, each permittee shall be
deemed to have consented to receive any notices given pursuant to this
Chapter, by mail, at the address affixed to such permitted newsrack(s).
M. No newsrack permit shall be transferred except upon ten calendar days prior
notification to City and continued compliance with the provisions of this Chapter.
12.16.060 -Maintenance standards. Each newsrack shall be maintained in a
clean and neat condition and in good repair at all times in accordance with the
following provisions::
A. Each newsrack shall prominently display the correct name, address, and
telephone number of the owner thereof.
B. Each newsrack shall be maintained in a condition that is free of accumulations
of outdated printed materials, trash, rubbish, or debris.
C. Each newsrack shall be regularly serviced so that:
1. It is kept reasonably free of chipped, faded, peeling, and cracked paint in the
visible, painted areas thereof;
2. It is kept reasonably free of rust and corrosion in the visible, unpainted metal
areas thereof;
3. The clear glass or plastic parts thereof, if any, through which the printed
material being dispensed, are not broken and are kept reasonably free of tears,
peeling, fading, dirt, or grime.
4. The structural parts of the newsrack are not broken or unduly misshapen.
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Page 8
12.16.070 - Display of certain matter prohibited. Publications offered either for
sale or at no charge from newsracks placed or maintained on or projecting into or
over a public right-of-way shall not be displayed or exhibited in a manner which
exposes to public view from any public right-of-way any of the following:
Any statements or words describing explicit sexual acts, sexual organs, or
excrement where such statements or words have as their purpose or effect
sexual arousal, gratification, or affront;
Any picture or illustration of genitals, pubic hair, perinea, anuses, or anal regions
of any person where such picture or illustration has as its purpose or effect
sexual arousal, gratification, or affront;
C. Any picture or illustration depicting explicit sexual acts where such picture or
illustration has as its purpose or effect sexual arousal, gratification, or affront.
12.16.080 Display of harmful matter.
Definitions. For purposes of this section, the terms harmful matter, matter,
person, knowingly, exhibit, and minor shall have the meanings specified in
Section 313 of the Penal Code of the State of California, or any successor
provisions thereto. For the purposes of this section, the term blinder rack shall
mean opaque material placed in front of, or inside, the newsrack and which
prevents exposure to public view.
Prohibition. No person shall knowingly exhibit, display, or cause to be exhibited
or displayed, harmful matter in any newsrack located, in whole or in part, in or
on a public right-of-way or other public place from which minors are not
excluded, unless blinder racks have been installed so that the lower two-thirds
of the matter is not exposed to public view.
12.16.090 - Violation -- notice to owner. Whenever any newsrack is found to be
in violation of this Chapter, the Director shall cause a tag to be attached to such
newsrack specifying the date and nature of the violation. Within three calendar
days thersafter, a written notice of such violation shall be sent by first-class mail by
the Director to the owner whose name appears on the newsrack as required in
Section 12.16.050.H, specifying the nature of the violation and that the newsrack
shall be impounded if corrections are not made. The owner shall, within ten
calendar days from the date on which the notice of violation was mailed, either
cause the violation to be corrected or request a hearing pursuant to Section
12.16.130.
2.16.100 - Impounding of newsracks -- when authorized.
If an owner fails to timely correct the violation(s) specified in the written notice,
and fails to request a hearing within the time provided herein, the Director may
impound such newsrack or' newsracks;
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Page 9
In the event a newsrack does not have the owner's name, address, and
telephone number affixed thereto as required by this Chapter, then such
newsrack may be impounded if, within ten calendar days of the date the
violation tag was affixed, the owner has not requested a hearing as provided in
Section 12.16.140, in which case the newsrack shall be deemed to be
abandoned;
Where the installation, use, or maintenance of a newsrack creates an immediate
threat to the public health, safety, or welfare, it may be impounded, provided
written notice is thereafter provided to the owner by first-class mail pursuant to
Section 12.16.110 of this Chapter.
When such newsrack has been abandoned, it may be impounded. For
purposes of this section, a newsrack shall be deemed abandoned when it has
remained empty for 30 consecutive days or longer or no new publication has
been placed in the newsrack for 45 days or longer. Upon abandonment, a
newsrack may be impounded without prior notice, provided post-impoundment
notice is given to the owner, if the owner can be identified, pursuant to Section
12.16.110.
12.16.110 - Impounding of newsracks -- notice to owner. Whenever any
newsrack is impounded, the Director shall provide written notice by first-class mail
to the owner within three calendar days of such impoundment and of the rights of
the owner to recover such impounded newsrack(s).
12.16.120 - Return of impounded newsracks -- conditions.
A. Any newsrack, together with it contents, which has been impounded shall be
returned to the owner:
1. If a hearing is not timely requested, upon receipt of an impound fee within
30 days of impoundment, the amount of which has been set by resolution of the City
Council; or
2. Upon a determination, after hearing by the Director, that the newsrack
should not have been impounded and should be returned to the owner; or
3. Upon a decision by the City Council on appeal that the newsrack should not
have been impounded.
So
In the event a hearing has not been requested within the time permitted, an
impound fee, the amount of which has been set by resolution of the City
Council, shall be imposed upon the owner.
12.16.130- Sale or disposal after impoundment. The Director may sell or
otherwise dispose of any newsrack, together with its contents, and retain the
proceeds, on behalf of the City, from any such or other disposition and any moneys
contained in the newsrack at the time of its impoundment, provided that either:
Ordinance 571
Page 10
Thirty days have elapsed since impoundment occurred, no hearing has been
requested within the time permitted, and the owner has failed to pay all impound
fees assessed; or
A hearing and an appeal, if filed, have resulted in a final determination that the
newsrack was properly impounded and fees assessed have not been received
within 30 days from the date of said final determination.
12.16.140 - Impoundment -- hearing procedures.
Any newsrack owner may file a written request with the Director for a hearing
within the time specified in Section 12.16.090, for the purpose of demonstrating
that a newsrack should not be impounded, was improperly impounded, or that
a violation as specified in the notice of violation has not in fact occurred.
Notice of Hearing. Within five calendar days from the date on which the
request for hearing is received, the Director shall set a hearing date and shall
notify the owner by first-class mail of the date, time, and place of such hearing.
The hearing shall occur within ten calendar days of the date of mailing the
notice.
Conduct of Hearing. At the time set for the hearing or at the date to which the
hearing is continued, the Director shall receive all evidence relevant to the
occurrence or non-occurrence of the specified violation(s), the compliance or
non-compliance with any or the provisions of this Chapter, and any other
relevant information. The hearing need not be conducted according to technical
rules relating to evidence and witnesses.
Decision after Hearing. Within ten calendar days after the conclusion of the
hearing, the Director shall find and determine, from the facts adduced at the
hearing, whether the newsrack is in violation of this Chapter. The decision of the
Director shall be in writing and shall contain findings of fact, a determination of
the issues presented and the amount of the impound fee, if any, to be imposed.
Thereafter, the Director may order the owner to remove such newsrack, if
determined to be in violation of this Chapter, within ten calendar days of the
mailing date of the decision. If a notice of appeal is not timely filed during said
ten-day period, the Director may thereafter order the newsrack to be impounded
without further notice to the owner.
E. Notice of Decision. The Director shall send to the owner, by first-class mail,
a copy of the decision and order.
12.16.150 - Appeals.
Any newsrack owner may, within ten calendar days of the mailing date of the
copy of the Director's decision and order, appeal such decision to the City
Council by filing a notice of appeal. If no hearing was timely requested and a
Ordinance 571
Page 11
newsrack was impounded, then the owner may appeal such impoundment
provided a written request for appeal is received by the Director within ten
calendar days of such impoundment.
An appeal shall set forth in writing specifically wherein the appellant believes
there was error or abuse of discretion on the part of the Director. The Director
shall, within ten calendar days, transmit the appeal, together with a copy of his
or her file, decision and order, to the clerk of the City Council, who shall set the
matter for hearing.
C. The City Council shall, upon receipt of the material specified in the preceding
paragraph from the Director, and after a hearing:
1. Approve the decision and order of the Director;
2. Reverse or modify the decision and order, and refer the matter back to the
Director; or
3. Where no hearing before the Director was timely requested, sustain the
impoundment or impose fees or order the newsrack returned with or without fees
being imposed.
12.16.160 - Restoration following newsrack removal. In the event an owner
removes any newsrack, or has a newsrack removed by the Director following
hearing and/or appeal, if any, it shall be such owner's responsibility to restore the
site of the newsrack to an undamaged condition. Undamaged condition shall mean
a condition which is smooth, free of holes, fasteners, and physical devices of any
nature, such that another newsrack may be located on that specific site without
further restoration.
In the event such newsrack permittee fails to restore the site as required herein, the
City of Rancho Cucamonga shall be authorized, at its discretion, to restore the site
following the expiration of five calendar days prior written notice to the owner
stating his or her obligation to perform restoration. The cost of such restoration
performed by the City shall be recoverable from the permittee as a debt in a
contract action."
SECTION 2. Time for compliance.
Every owner of a newsrack for which a permit would be required pursuant to this
Chapter shall, within 120 days of the effective date of this Ordinance, apply for and
obtain a permit for such newsrack or newsracks. Following the expiration of said
period, the Director shall be authorized to proceed to enforce the provisions of this
Chapter.
Ordinance 571
Page 12
SECTION 3. Penalties for Violation of Ordinance.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision or to fail to comply with any of the requirements of this Ordinance or the
Chapter hereby adopted. Any person, firm, partnership, or corporation violating any
provision of this Ordinance or the Chapter hereby adopted or failing to comply with
any of their requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six months, or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed
guilty of a separate offense for each and every day or any portion thereof during
which any violation of any of the provisions of this Ordinance or the Chapter hereby
adopted is committed, continued, or permitted by such person, firm, partnership, or
corporation, and shall be deemed punishable therefor as provided in this Ordinance.
SECTION 4. Civil Remedies Available.
The violation of any of the provisions of this Ordinance or the Chapter hereby
adopted shall constitute a nuisance and may be abated by the City through civil
process by means of restraining order, preliminary or permanent injunction, or in
any other manner provided by law for the abatement of such nuisances.
SECTION 5. Severability.
The City Council hereby declares that should any provision, section, paragraph,
sentence, or word of this Ordinance or the Chapter hereby adopted by rendered or
declared invalid by any final court action in a court of competent jurisdiction, or by
reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences, and words of this Ordinance or the Chapter hereby adopted
shall remain in full force and effect.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published as required by law,
PASSED, APPROVED, AND ADOPTED this 7th day of May, 1997.
AYES:
NOES:
ABSENT:
Alexander, Biane, Curatalo, Gutierrez
None
Williams
William J. AleXander, Mayor
Ordinance 571
Page 13
ATTEST:
Debra J. Adarr~ss, CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of
Rancho Cucamonga held on the 19th day of March, 1997, and was finally passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of May, 1997.
Executed this 8th day of May, 1997, at Rancho Cucamonga, California.
Debra J. Adams,~C/MC, City Clerk