ORDINANCE 8364'740
ORDINANCE NO. 836
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING THE "EL SEGUNDO
MUNICIPAL CODE" BY ADDING CHAPTER 12.20
THERETO RELATING TO NEWS RACKS AND
NEWSPAPER VENDING MACHINES.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12. 20 consisting of Sections 12. 20. 010
to 12. 20. 110, inclusive, is added to the "E1 Segundo Municipal Code" to read
as follows:
"CHAPTER 12.20
"NEWS RACKS AND NEWSPAPER VENDING MACHINES
"12.20. 010 PURPOSE. The purpose of this chapter is to
set forth rules and regulations governing the placement, installa-
tion and maintenance of news racks and newspaper vending machines
in public rights of way within the City.
"12. 20. 020 DEFINITIONS. For the purpose of this chapter,
certain words and phrases shall be construed as set forth in this
section, unless it is apparent from the context that a different
meaning is intended:
(1) News Rack. 'News rack' shall mean any self- service
or coin-operated box, container, storage unit or other dispenser
installed, used, or maintained for the display and sale of news-
papers or news periodicals which shall include newspaper vending
machines.
(2) Street. '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.
(3) Roadway. 'Roadway' shall mean that portion of a street
improved, designed, or ordinarily used for vehicular travel.
(4) Parkway. 'Parkway' shall mean any area within a road-
way which is not open to vehicular travel.
(5) Sidewalk. 'Sidewalk' shall mean any surface provided
for the exclusive use of pedestrians.
(6) Alley. 'Alley' shall mean any public right of way.
"12.20.030 PROJECTION INTO ROADWAY PROHIBITED. No
person shall install, use or maintain any news rack or other structure
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.
"12.20.040 NEWS RACKS -- PLACEMENT ENDANGERS USE
OF PUBLIC PROPERTY -- PROHIBITED. No person shall install,
use or maintain any news rack which in whole or in part rests upon,
in or over any public sidewalk or parkway, when such installation,
use or maintenance endangers the safety of persons or property, or
when such site or location is used for public utility purposes, public
transportation purposes or other governmental use, or when such news
rack unreasonably interferes with or impedes the flow of pedestrian
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or vehicular traffic, including any legally parked or stopped vehicle,
the ingress into or egress from any residence or place of business,
or the use of poles, posts, traffic signs or signals, hydrants, mail-
boxes, or other objects permitted at or near said location, or when
such news rack interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery.
"12.20.050 NEWS RACKS -- PLACEMENT. Notwithstanding
the provisions of Section 12. 20. 040 of this chapter, no news rack
shall be placed, installed, used or maintained:
(1) Within three feet of any marked crosswalk;
(2) Within fifteen feet of the curb return of any unmarked
crosswalk;
(3) Within three feet of any fire hydrant, fire call box,
police call box or other emergency facility;
(4) Within three feet of any driveway;
(5) Within three feet ahead of, and fifteen feet to the rear
of any sign marking a designated bus stop;
(6) Within three feet of any bus bench;
(7) At any location whereby the clear space for the passage-
way of pedestrians is reduced to less than six feet;
(8) Within three feet of any area improved with lawn, flowers,
shrubs or trees or within three 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 dis-
play purposes.
"12.20.060 NEWS RACKS -- PLACEMENT NEAR CURB OR
BUILDING. News racks shall only be placed near a curb or adjacent
to the wall of a building. News racks placed near the curb shall be
placed no less than eighteen inches nor more than twenty -four inches
from the edge of the curb. News racks placed adjacent to the wall of
a building shall be placed parallel to such wall and not more than six
inches from the wall. No news rack shall be placed or maintained on
the sidewalk or parkway opposite a newsstand or another news rack.
"12. 20. 070 NEWS RACK STANDARDS. Any news rack which
in whole or in part rests upon, in or over any public sidewalk or park-
way, shall comply with the following standards:
(1) No news rack shall exceed five feet in height, thirty inches
in width, or two feet in thickness.
(2) No news rack shall be chained, bolted or otherwise attached
to any property not owned by the owner of the news rack or to any per-
manently fixed object.
(3) News racks may be chained or otherwise attached to one
another, however, no more than three news racks may be joined to-
gether in this manner, and a space of no less than eighteen inches
shall separate each group of three news racks so attached.
(4) No news rack or group of attached news racks allowed under
subsection (3) of this section shall weigh, in the aggregate in excess
of one hundred twenty -five pounds when empty.
(5) To avoid viewing by minors and other persons who may
be offended thereby, any news rack used for the sale of material in-
corporating drawings or photographs of nude genitalia, nude female
breasts, or sexual intercourse, shall be constructed or arranged in
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47Z.0
"such a way as to conceal such drawings or photographs until purchase
is made.
(6) Each news rack shall be maintained in a clean, neat and
attractive condition and in good repair at all times.
"12.20.080 NEWS RACKS -- ADVERTISING PURPOSES PRO-
HIBITED. No news rack shall be used for advertising signs or pub-
licity purposes other than that dealing with the display, sale or pur-
chase of the newspaper or news periodical sold therein.
"12.20.090 NEWS RACKS -- IDENTIFICATION. Within thirty
days after this chapter becomes effective every person or other en-
tity which places or maintains a news rack on the streets of the City
shall have his or its name, local address and telephone number
affixed thereto in a place where such information may be easily seen.
A local address shall be within the Los Angeles Metropolitan area.
"12. 20. 100 NEWS RACKS -- VIOLATION -- REMOVAL. Any
news rack installed, used, or maintained in violation of the provi-
sions of this chapter may be summarily removed and stored in any
convenient place by any public body or officer. Such body or officer
shall take reasonable steps to notify the owner thereof. Upon failure
of the owner to claim such news rack and pay the sum of $10. 00 to
cover the expenses of removal and storage within thirty days after
such removal, such news rack shall be deemed to be unclaimed prop-
erty in possession of the Police Department and may be disposed of
pursuant to the provisions of Section 2. 48. 060 of this Code.
"12.20. 110 NEWS RACKS -- VIOLATION -- ALTERNATIVE
PROCEDURE. In the case of violations of this chapter relative to
restrictions upon attachments of news racks to property other than
that owned by the owner of the news rack, to fixed objects or each
other, and upon location of news racks, any public body or officer
may, as an alternative to removal under Section 12. 20. 100 of this
Chapter remove such attachment and move such rack or racks in
order to restore them to a legal condition. "
SECTION 2. This ordinance shall become effective at midnight on
the thirtieth day from and after the date of the final passage and adoption thereof.
SECTION 3. The City Clerk shall certify to the passage and adop-
tion of this ordinance; shall cause the same to be entered in the book of original
ordinances of said city; shall make a minute of the passage and adoption thereof
in the records of the meeting at which the same is passed and adopted; and shall,
within fifteen days after the passage and adoption thereof, cause the same to be
published once in the E1 Segundo Herald, a weekly newspaper of general circula-
tion, published and circulated within the City of E1 Segundo, and which is hereby
designated for that purpose.
PASSED, APPROVED and ADOPTED this 19th day of February
, 1974.
ATTEST:
e / 13, � z Y� �
Mayor of e City of El Segundo, California
ARTHUR E. JONES,
Acting City Clerk
By 17 �.� -3-
epu y
(SEAL)
1742 -A
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, ..�ARTIJUR X...J.QNFS ........Actin.g, City Clerk of the City of El Segundo,
California, do hereby certify that the whole number of members of the City Council
of the said City is five; that the foregoing ordinance, being Ordinance No. .836 .
is a full, true and correct original of Ordinance No. ..836 ....... of the said City of
E1 Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING THE "EL SEGUNDO
MUNICIPAL CODE" BY ADDING CHAPTER 12.20
THERETO RELATING TO NEWS RACKS AND
NEWSPAPER VENDING MACHINES.,
which was duly passed and adopted by the said City Council, approved and signed
by the Mayor of said City, and attested by the City Clerk of said City, all at a
regular meeting of the said Council held on the .. 19t4 .. day of .. February .......
1974........ , and that the same was so passed and adopted by the following vote:
AYES: Councilmen . , McGiil, , Morgan,, Nagel,. Stephens ..........
and Mayor. Balmer;
............ ...............................
NOES: Councilmen ..None .........................................
ABSENT: Councilmen . None .. .. .. .... .. .... ... .
I do hereby further certify that pursuant to the provisions of Section 36933
of the Government Code of the State of California, that the foregoing Ordinance
No. ........ was duly and regularly published according to law and the order of
the City Council of said City in the El Segundo Herald, a weekly newspaper of
general circulation, printed, published and circulated within said City and that the
same was so published therein on the following date, to wit: .... ,,'�-7 /75,1 ..........
ARTHUR E. JONES
........... ...............................
Acting City Clerk of the City of E1 Segundo, California
(SEAL) B .t, � ........ .
By .
Deputy