ORDINANCE 895ORDINANCE NO. 895
AN ORDINANCE OF THE CITY OF EL SEGUNDO
CALIFORNIA AMENDING THE "EL SEGUNDO
MUNICIPAL CODE" BY AMENDING CHAPTER
12.20 RELATING TO PUBLICATION VENDING
MACHINES.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.20 of the "El Segundo
Municipal Code" is amended to read as follows:
"CHAPTER 12.20
"PUBLICATION VENDING MACHINES
"12.20.010 PURPOSE. The purpose of this chapter is to
set forth rules and regulations governing the placement,
installation and maintenance of publication 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) Publication Vending Machines. As used in this
chapter, publication vending machines 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 newspapers or news periodicals.
(2) Parking Lot. As used in this chapter, parking lot
shall mean an area owned or operated by the City for the
parking of motor vehicles but shall not include a public
street.
(3) Street. As used in this chapter, street shall mean
that area dedicated to public use for public street purposes
and shall include,.but not be limited to, roadways, parkways,
alleys and sidewalks.
(4) Roadway. As used in this chapter, roadway shall
mean that portion of a street improved, designed and
ordinarily used for vehicular travel.
(5) Parkway. As used in this chapter, 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.
.(6) Sidewalk. As used in this chapter, sidewalk shall
mean any surface provided for the exclusive use of pedestrians.
"12.20.030 PROHIBITIONS. A. No person shall install,
use or maintain any publication vending machine 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.
B. No person shall install, use or maintain any publication
vending machine which in whole or in part rests upon, in or
over any public sidewalk or parkway, when such installation,
use or maintainance endangers the safety of persons or
property or when such site or location is used for public
use, or when such publication vending machine unreasonably
interferes with or impedes the flow of pedestrian 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, mailboxes or other objects permitted at
or near said location, or when such publication vending
machines interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery.
C. No person shall install, use or maintain any publication
vending machine in any parking lot except in a location to be
determined by the Director of Public Works, said location to
be a location that will not interfere with or impede the flow
of pedestrian or vehicular traffic or interfere with the
cleaning of any parking lot; provided, however, that any
publication vending machine installed in a parking lot shall
conform to the requirements of Section 12.20.050 of this
chapter and such other regulations as the Director of Public
Works may impose to assure that said publication vending
machine will not unreasonably interfere with the use of the
property as a parking lot.
"12.20.040 STANDARDS. Any publication vending machine
which in whole or in part rests upon, in or over any public
sidewalk or parkway shall comply with the following requirements:
(1) No publication vending machine shall exceed four
feet in height, thirty inches in width, or two feet in
thickness. Any newspaper publisher who demonstrates to the
Director of Public Works that there is insufficient capacity
in one publication vending machine may apply for and receive
a second vending machine beside the first machine within the
same priority.
(2) Publication vending machines shall only be placed
as directed by the Director of Public Works and shall be
placed near a curb or adjacent to the wall of a building.
Publication vending machines placed near the curb shall be
placed no less than eighteen inches nor more than twenty -
four inches from the edge of the curb. Publication vending
machines 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 publication vending machine shall be
placed or maintained on the sidewalk or parkway opposite a
news stand or another publication vending machine. All
publication vending machines must be level.
(3) No publication vending machine shall be chained,
bolted or otherwise attached to any property not owned by
the owner or the publication vending machine or to any
permanently fixed object.
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(4) Publication vending machines may be chained or
otherwise attached to one another; however, no more than
three publication vending machines may be joined together in
this manner, and a space of no less than eighteen inches
shall separate each group of three publication vending
machines so attached.
(5) No publication vending machine or group of attached
publication vending machines allowed under paragraph (4)
above shall weigh, in the aggregate, in excess of one hundred
twenty -five pounds when empty.
(6) Notwithstanding the provisions of paragraph B of
Section 12.20.030, no publication vending machine shall be
placed, installed, used or maintained:
(a) Within three feet of any marked crosswalk.
(b) Within fifteen feet of the curb return of
any unmarked crosswalk.
(c) Within three feet of any fire hydrant, fire
call box, police call box, telephone or other
emergency facility.
(d) Within three feet of any driveway.
(e) Within three feet ahead of, and fifteen
feet to the rear of any sign marking a
designated bus stop.
(f) Within three feet of any bus bench.
(g) At any location whereby the clear space
for the passageway of pedestrians is
reduced to less than six feet.
(h) 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 display purposes.
(7) No publication vending machine shall be used for
advertising signs or publicity purposes.
(8) Each publication vending machine shall be maintained
in a clean, neat and attractive condition and in good repair
at all times.
"12.20.050 STANDARDS FOR DESIGNATED AREAS. In the
following described areas:
(1) Center Street between Imperial Highway and
E1 Segundo Boulevard;
(2) Grand Avenue between Nash Street and Loma
Vista Street;
(3) Main Street between Imperial Highway and
El Segundo Boulevard;
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(4) Mariposa Avenue between Douglas Street and
Loma Vista Street;
(5) Richmond Street between Holly Avenue and
E1 Segundo Boulevard;
(6) Sepulveda Boulevard between Imperial Highway
and Rosecrans Avenue;
(7) Sycamore Avenue between Sepulveda Boulevard
and Hillcrest Street;
(8) Virginia Street between Imperial Highway and
E1 Segundo Boulevard;
any publication vending machine, which in whole or in part
rests upon, in or over any public sidewalk or parkway, must
be permanently mounted in accordance with the following
specifications:
(1) A publication vending machine shall have;
(a) A plastic display window;
(b) A horizontal spring loaded display shelf
(c) An automatic coin return;
(d) Wood grain panels;
(e) The mount painted gloss black; and
(f) Each individual case placed on an individual
mount; (a mount with more than one case
shall not be allowed on the public
right -of -way;)
(2) Dimensions for a publication vending machine
shall be:
(a) Street tube pedestal. . . . . . .16 -1/2" x 3"
(b) Individual mount tray . . . . . .20 -3/4" x
16 -1/4"
(c) Overall height,including
case and mount. . . . . . . . . . 48"
"12.20.060 IDENTIFICATION. Within thirty days after
this chapter becomes effective, every person or other entity
which places or maintains a publication vending machine on
the street of the City of El Segundo shall have his or its
name, address and telephone number affixed thereto in a
place where such information may be easily seen.
"12.20.070 NUMERICAL LIMITATIONS. No more than five
publication vending machines shall be located on any public
right -of -way within a space of two hundred feet in any
direction within the same block of the same street.
In determining which publication vending machines shall
be permitted to be installed or remain, the Director of Public
Works shall be guided solely by the following criteria.
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(1) First priority shall be given to publication
vending machines used for the sale of publications which
have been adjudicated to be newspapers of general circulation
for Los Angeles County, pursuant to the procedure set forth
in Title I, Division 7, Chapter 1, Article 2 of the State
Government Code commencing with Section 6020.
(2) Second priority shall be given to publication
vending machines used for the sale of daily publications
(those published on five or more days in a calendar week)
which have not been adjudicated to be newspapers of general
circulation for Los Angeles County.
(3) Third priority shall be given to publication
vending machines used for the sale of weekly publications
(those published less than five days in a calendar week)
which have not been adjudicated to be newspapers of general
circulation for Los Angeles County.
"12.20.080 REMOVAL. A. Any publication vending
machine installed, used or maintained in violation of the
provisions of Section 12.20.040 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, following
notice, to claim such publication vending machine and pay
$10.00 for the removal and storage within thirty days after
such removal, such publication vending machine shall be deemed
to be unclaimed property in possession of the Police Department
and may be disposed of pursuant to law.
B. In the case of violations of this subsection relative
to restrictions upon attachments of publication vending machines
to property other than that owned by the owner of the publication
vending machine, to fixed objects or each other, and upon
location of publication vending machines, any public body or
officer may, as an alternative to removal under paragraph A.
hereof, remove such attachment and /or move such vending machines
in order to restore them to a legal condition.
"12.20.090 INDEMNIFICATION. Every person or custodian
who places or maintains a publication vending machine on a
public sidewalk or parkway in the City shall file a written
statement with the City Clerk satisfactory to the City Attorney,
whereby he agrees to indemnify and hold harmless the City, its
officers, directors or employees from any loss or liability or
damages, including expenses and costs, for bodily or personal
injury and for property damage sustained by any person as a
result of the installation, use, maintenance, removal or storage
of such a machine within the City.
"12.20.100 ABANDONMENT. 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 over seven days, City reserves the right to
remove same pursuant to the procedure set out in Section
12.20.070. For purposes of this section, abandonment shall
include, but is not limited to, circumstances where no
publication is in the vending machine for a period of over
seven days"
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"12.20.110 TIME FOR COMPLIANCE. Notwithstanding the
provisions of Section 12.20.050 for a period of ninety days
following the adoption of this chapter, publication vending
machines permitted within the City outside the designated
area may be maintained in the designated area described in
Section 12.20.050 to allow a period of time to install the
publication vending machines required by Section 12.20.050."
SECTION 2. Chapter 9.50 consisting of Sections
9.50.010 through 9.50.040 is added to the "El Segundo Municipal
Code" to read as follows:
"CHAPTER 9.50
"SALE OF CERTAIN NEWSPAPERS OR PUBLICATIONS TO MINORS
"9.50.010 ATTENDANT REQUIRED. No newspaper or similar
publication which is prohibited by the laws of the
state from sale or distribution to minors may be offered for
sale to the public unless such offer of sale is made
or maintained in the presence of an attendant with the
ability to prevent the purchase of such newspaper or similar
publication by a minor.
"9.50.020 STANDARDS FOR MATERIAL SOLD. No newspaper
or similar publication may be offered for sale to the public
on any public right -of -way by means of any mechanical sales
device in such a manner as to expose to the public view any
photographs or drawing contained within such newspaper or
similar publication displaying any of the following:
(1) The genitals, pubic hair, buttocks, natal
cleft, perineum, anal region or pubic region
of any person, other than a child under the
age of puberty;
(2) Any portion of the breast, at or below the
areola thereof, of any female person, other
than a child under the age of puberty.
119.50.030 VIOLATOR GUILTY OF MISDEMEANOR. Every
person is guilty of a misdemeanor who causes, permits,
procures, counsels or assists in an offer of sale of any
newspaper or similar publication in violation of this section.
"9.50.040 OFFER OF SALE PUBLIC NUISANCE. Any newspaper
or similar publication offered for sale in violation of this
Chapter constitutes a public nuisance."
SECTION 3. This ordinance shall become effective at
midnight on the thirtieth day from and after the date of the
final passage and adoption thereof.
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SECTION 4. The City Clerk shall certify to the
passage and adoption 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 circulation,
published and circulated within said City of El Segundo, and
which is hereby designated for that purpose.
PASSED, APPROVED and ADOPTED this 16th day of
December ,1975.
ATTEST:
City Clerk
(SEAL)
G ` 6 Q'4-'L'
Mayor of the City of E1 Segundo,California
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STATE OF CALIFORNIA )
r COUNTY OF LOS ANGELES ) SS
f CITY OF EL SEGUNDO )
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I, .Valerie A : Burrowes ............... , 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. 895 . . .
is a full, true and correct original of Ordinance No. .. 895....... of the said City of
El Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA AMENDING THE "EL SEGUNDO
MUNICIPAL CODE" BY AMENDING CHAPTER
12.20 RELATING TO PUBLICATION 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 . , , ,16th day of . ,December
19.7A ....... , and that the same was so passed and adopted by the following vote:
AYES: Councilmen ....Nagel, .Rockhold, Stephens, Van Vranken
. ... �LpO.MaYy r,$almer; .......................
NOES: Councilmen .... None;.. .. .. . . ........ ..... ... .
ABSENT: ............... 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. ..899 ... 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: ........
. /.
. . . . •
City Clerk of the City of El Segundo, California
(SEAL)
By....................... ............
Deputy