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ORDINANCE 1147ORDINANCE NO. 1147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING THE EL SEGUNDO MUNICIPAL CODE BY ADOPTING REGULATIONS RELATING TO NEWSRACKS ON PUBLIC PROPERTY. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of E1 Segundo does hereby find, determine and declare, as follows: (a) That the location and proliferation of newsracks in and along public streets within the City of E1 Segundo clearly demonstrates the need for regulations relating to the placement and location of such newsracks; and (b) That by virtue of certain judicial determinations, newsracks are constitutionally allowed to be placed in public street rights -of- way, provided that such placement does not: (i) interfere with the use of such public streets by vehicular and pedestrian traffic; nor (ii) result in a visual blight to the detriment of surrounding and adjacent properties and to the residents of the City; and (c) That in order to assure that no such visual blight is caused, and that the public street rights -of -way are available for reasonable usage by pedestrian and vehicular traffic, the regulations as set forth in this ordinance are required to further the public interest, convenience and necessity. SECTION 2. Chapter 12.20 of the E1 Segundo Municipal Code is hereby amended in its entirety to read as follows: "CHAPTER 12.20 - REGULATION OF NEWSRACKS 12.20.010 Definitions. For the purpose of this Chapter, certain words and phrases shall be defined as set forth in this Section, unless it is apparent from the context that a different meaning is intended: A. "City Staff" shall mean the person or persons designated by the City Manager to administer and enforce this ordinance. B. "Driveway" shall mean a surfaced area which crosses a Sidewalk and /or a Parkway designed or used for vehicular access between a Lot and a Public Street; and C. "Newsrack" means any self- service coin - operated box, container, storage unit or other dispenser, designed, used or maintained for the display and /or sale of any written or printed material, including but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records; and D. "Lot" shall have the meaning ascribed to it pursuant to the provisions of the City's Zoning Code; and E. "Parkway" means that portion of any Public Street other than the area included within a Roadway; and F. "Permit" means a Permit issued to a person allowing the placement of a Newsrack within a specificall designated portion of a Parkway; and G. "Permittee" shall mean the holder of a permit issued pursuant to this Chapter; and H. "Public Street" means any real property which is owned by the City in fee, or as to which the City has an easement or license for use, which is dedicated for use as public street; "Public Street" includes areas utilized for Roadways, Parkways and Sidewalks; and I. "Roadway" means that portion of a Public Street which is improved, designed and /or customarily used for vehicular travel; and 12.20.020 Prohibition. No person shall install, place or maintain a Newsrack in any Public Street without first obtaining a Permit therefor pursuant to the provisions of this Chapter. 12.20.030 Permit Application. Any person desiring to obtain a Permit shall file a written application therefor with the City, on forms provided by the City. No application shall be accepted for filing unless with such filing, the applicant, pays or has paid a filing and processing fee therefor, in an amount set by the City Council. Upon the proper filing of an application, and the payment of the applicable filing and processing fee, the City shall cause an investigation to be conducted to determine whether the Permit, if granted, allowing installation and maintenance of a Newsrack at the requested location, will conform to all of the provisions of this Chapter. 12.20.040 Conditions of Issuance. City Staff may impose, as conditions of approval upon the issuance of a Permit, such conditions as it deems reasonably necessary to insure compliance with this Chapter. Each Permit issued pursuant to this Chapter shall be deemed to have imposed, as express conditions of approval, the following: 1. That the Permittee shall forthwith execute a document, approved as to form by the City Attorney, agreeing to hold the City, its officers and employees free and harmless from any claim, demand or judgment in favor of any person, including the Permittee, its officers, agents and employees, arising out of the location and -2- maintenance of the Newsrack at the location authorized pursuant to the Permit; and 2. That prior to the effective date of the Permit, the Permittee shall deposit with the City a certificate of insurance evidencing that a liability insurance policy, in minimum amounts approved by the City Staff, has been issued, naming the City, its elected and appointed officers and employees, as co- insureds; each such certificate shall contain a provision that the policy can neither be canceled nor the coverage substantially altered, except upon thirty days (30) prior written notice to the City; each such certificate shall state the term of the policy to which it relates; and 3. That at all times during the term of a Permit, a certificate of insurance, complying with the provisions of Subsection 2, above, shall be maintained on file with City Staff; and 4. That if the required insurance coverage is canceled or allowed to lapse at any time during the term of the Permit, such shall be grounds for the revocation of the Permit; and 5. That each Newsrack shall have placed thereon, in a permanent manner, the name, address and telephone number of the owner of the Newsrack or a designated agent of the owner; and 6. That the placement of each Newsrack shall be maintained in accordance with the provisions of this Chapter. 12.20.050 Issuance of Permit. City Staff shall issue a Permit if it finds that the issuance would be in compliance with the provisions of this Chapter. The determination of city Staff shall be final and conclusive. 12.20.060 Permit -- Location Requirements. No Permit shall be issued for the placement of a Newsrack unless all of the following conditions are met: A. That the location for the placement is within a portion of a Parkway; and B. That a specific location is described in the Permit; and C. That a placement of the Newsrack will not unreasonably: 1. Interfere with or impede the flow of pedestrian or vehicular traffic; nor 2. Interfere with or impede ingress or egress from any residence or place of business located adjacent to the Parkway; nor -3- 3. Interfere with any public utility facility located within the Parkway or in close proximity thereto. 12.20.070 Installation and Maintenance Requirements. Each Newsrack for which a Permit has been issued pursuant to this Chapter shall comply with each of the following requirements: A. No Newsrack shall exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in depth; and B. Newsracks shall only be placed in a Parkway near a curb or adjacent to a wall of a building. The rear of Newsracks placed near a curb shall be placed no less than eighteen (18) inches nor more than twenty -four (24) inches from the face of the curb. The rear of Newsracks placed parallel to a wall or building shall be placed not more than six (6) inches from the wall or building. No Newsrack shall be placed or maintained in a Parkway opposite one or more Newsracks. C. Newsracks may be placed next to each other, provided that no group of Newsracks shall extend more than ten (10) feet six (6) inches along a curb or wall and a space of no more or less than three (3) feet shall separate each group of Newsracks from another group of Newsracks. There shall be no more than three (3) of the above described groups of Newracks located on a parkway within a block. D. Notwithstanding any other provision of this Chapter, no Newsrack shall be placed, installed, used or maintained: 1. Within five (5) feet of any marked crosswalk; nor 2. Within five (5) feet of the curb return of any intersecting public streets; nor 3. Within five (5) feet of any fire hydrant, fire call box, police call box or any other emergency facility; nor 4. Within five (5) feet of any driveway; nor 5. Within five (5) feet of any designated bus stop area or any sign marking a designated bus stop; nor 6. Within five (5) feet of any bus bench; nor 7. In any location whereby the clear passage on a Sidewalk for pedestrian traffic is reduced to less than five (5) feet; nor 8. Within three (3) feet of that portion of a Lot which is improved with landscaping, or within three (3) feet of any display window in any building abutting a Sidewalk or Parkway; nor CEM 9. Within any area of a Public Street, except a Parkway; nor 10. For advertising, selling or storing material other than that dealing with the display, sale or purchase of the publication sold therein; and E. Each Newsrack shall be maintained in a clean and attractive condition and in good repair at all times, and no issue or edition of any publication shall be allowed to remain in any such Newsrack for a period in excess of the publication period of the material offered for sale therein, or thirty (30) consecutive calendar days after the date of the initial issuance or publication of such material, whichever is lesser; and F. Each Newsrack shall be securely anchored to the ground or sidewalk. 12.20.080 Term of Permit. The term of a Permit shall be from the date of its issue, until the Permittee abandons the same or until it is revoked pursuant to the provisions of this Chapter. 12.20.090 Harmful Matter. Any Newsrack which contains harmful matter shall be provided with blinder racks in front of the harmful matter so that the lower two thirds (2 /3rds) of the harmful matter is not exposed to view. "Harmful matter" and "blinder racks" shall be defined as set forth in Section 313.1 of the Penal Code of the State of California. 12.20.100 Permit -- Revocation. Whenever the City is advised that a Newsrack is being maintained contrary to the provisions of this Chapter, city staff shall notify the Permittee of the purported violation or violations. The notice shall state therein the nature of the violation(s) and give the Permittee a reasonable period of time, not to exceed seven (7) consecutive calendar days, to remedy the violation. A. If the violation(s) is not cured within the period of time allotted, City Staff shall deliver to the Permittee an order to show cause why the Permit should not be revoked. The order shall state therein the time and place of a hearing to be conducted by City Staff to determine whether or not the Permit should be revoked. The Permittee, and any person requesting the opportunity to be heard, shall be allowed a reasonable opportunity to present any relevant evidence tending to show that the Newsrack, at all relevant times, is being maintained in compliance with the provisions of this Chapter. If the preponderance of the evidence presented at the time of the hearing shows that the Newsrack is being maintained contrary to the provisions of this Chapter, City Staff shall revoke the Permit and shall promptly give written notice of the issuance of the Revocation Order ( "Order ") to the Permittee. The Permittee shall have a period of not less than five (5) consecutive calendar days, after the giving of the notice, as set forth in such Notice to remove the subject Newsrack. City Staff may extend the time for removal for good cause shown by the former Permittee. If the owner of the Newsrack and /or the former Permittee fails within the time permitted to remove -5- the Newsrack after the issuance of the Order, City Staff shall take the steps necessary to cause the Newsrack to be removed and impounded. B. The owner, or other person entitled to possession of an impounded Newsrack, who fails, within thirty (30) consecutive calendar days after the giving of notice by City Staff of the fact of the impounding, to make application to City Staff for release of the impounded Newsrack and to pay the costs to the City as required pursuant to Section 12.20.140 of this Chapter, shall be deemed, conclusively, to have abandoned the Newsrack, and the impounded Newsrack shall be disposed of in the manner prescribed by law for the disposal of abandoned personal property. The decision of the city staff shall be final and conclusive. 12.20.110 Notice. Service. Notices required pursuant to the provisions of this Chapter shall be given by personal service, or by depositing the same in the custody of the United States Postal Service, or its lawful successor, postage prepaid, and addressed to the person to be notified at that person's last known address. The giving of notice under this Section shall be deemed to have occurred as of the date of personal service, or two (2) consecutive calendar days following the date of deposit of the written notice in the course of transmission of the United States Postal Service. 12.20.120 Notification to Owners of Newsracks. Immediately upon passage of this Chapter, City Staff shall take such steps as may be reasonably necessary to ascertain the name and address of the owner of each Newsrack located in any Public Street within the City. City Staff shall advise each such person of the requirements of this Chapter, of the effective date of this Chapter, and of the result of the failure to timely comply with the provisions of this Chapter. Where City Staff finds that a Newsrack located in any Public Street does not have the name, address and telephone number of the owner thereof placed upon the Newsrack, city staff shall make a reasonable effort to ascertain the identity of the owner thereof. If city staff is is unable to determine ownership, city staff shall impound the Newsrack and hold it for disposal as abandoned and unclaimed property as provided by applicable law. 12.20.130 Existing newsracks. Any person who owns, or is entitled to possession of any Newsrack, located within the City, as of the effective date of this Ordinance shall, within ninety (90) days after said effective date either remove the Newsrack, or alternatively, obtain a Permit pursuant to this Chapter allowing for the continued placement and maintenance of the Newsrack at an approved location. If any such Newsrack remains in place without a Permit having been issued therefor, after the expiration of the said ninety -day period, City Staff shall conduct a noticed hearing in the time and manner as provided in Section 12.20.100. If, based upon the evidence at such a hearing, City Staff finds that the Newsrack is placed and /or maintained without the issuance of a Permit, it shall issue an order to the owner or person entitled to possession, to M-10 remove the Newsrack within a reasonable time, in no case less than seventy -two (72) hours. If the order is not complied with within the time set in such order, City Staff shall cause the Newsrack to be removed and impounded and shall give notice of such impounding. The owner or other persons entitled to possession of the Newsrack may obtain possession of such impounded Newsrack in the time and manner set forth in this Chapter. 12.20.140 Impoundment -- Release. No Newsrack which has been impounded shall be restored to the owner thereof or other person entitled to possession, unless and until the owner or person entitled to possession has paid to the City a fee in an amount equal to the actual cost to the City of removal, impounding and the reasonable cost of storage of the Newsrack, as determined by City Staff. 12.20.150 Impoundment -- Disposal. The owner of any Newsrack which is impounded by City Staff pursuant to the provisions of this Chapter, and who fails to obtain the release of the Newsrack in the time and manner permitted pursuant to the provisions of this Chapter, shall be deemed to have abandoned the Newsrack, and the Newsrack shall be disposed of by City Staff in the time and manner prescribed by law, for the disposal of abandoned personal property. 12.20.160 Public Property Use. No person shall place, maintain or locate a Newsrack in or upon any public property, except as provided in this Chapter." SECTION 3. Chapter 9.50 of Title 9 of the E1 Segundo Municipal Code is hereby deleted in its entirety. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 16th day Ja uary , 1990 . _/,/,' CITY CLERK -7- MA STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart, 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. 1147 is a full, true correct original of Ordinance No. 1147 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING THE EL SEGUNDO MUNICIPAL CODE BY ADOPTING REGULATIONS RELATING TO NEWSRACKS ON PUBLIC PROPERTY. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or 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 January, 1989 and the same was so passed and adopted by the following vote: AYES: Councilmembers Anderson, Clutter, Dannen, West and Mayor Jacobson NOES: None ABSTENTIONS: 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. 1147 was duly and regularly published according to law and the order of the City Council of said City of 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 day, to wit: Ronald L. Hart City Clerk of the City of El Segundo, California (SEAL)