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ORDINANCE 1370ORDINANCE NO. 1370 AN ORDINANCE AMENDING CHAPTER 9-4 OF THE EL SEGUNDO MUNICIPAL CODE, REGULATING NEWSRACKS, IN ITS ENTIRETY. The city council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. The unregulated placement of newsracks in public rights -of -way presents an inconvenience and danger to the health, safety and welfare of the inhabitants of the city; B. Unless regulated, newsracks may: Interfere with the safe flow of pedestrian and vehicular traffic; 2. Impair the vision of motorists and pedestrians, particularly small children and cause injury to the person or property of such persons; 3. Inhibit safe entry and departure from vehicles or buildings; 4. Detract from the appearance of streets, sidewalks and adjacent businesses; 5. Cause loss of funds to patrons in the event of malfunction; and 6. Allow minors to view harmful matter; C. The City expended significant public resources and monies to beautify its downtown area to benefit its residents and businesses. Accordingly, it is in the public interest for the City to take particular interest in regulating newsracks in this area in order to preserve aesthetics of newly constructed public facilities, and to protect public health, safety, and welfare; D. Nothing in this ordinance is intended to, nor does it, unreasonably restrict the rights of a free media under the applicable protections of the United States and California Constitutions. Rather, the regulations imposed by this ordinance are intended to establish reasonable time, place and manner restrictions on the use of public rights -of -ways in light of the public interest. Page 1 of 20 SECTION 2: Chapter 9 -4 of the El Segundo Municipal Code ( "ESMC ") is amended in its entirety to read as follows: "CHAPTER 9-4 NEWSRACKS 9 -4 -10: PURPOSE. 9 -4 -20: DEFINITIONS. 9 -4 -30: ADMINISTRATION. 9 -4-40: PROHIBITIONS. 9 -4 -50: ENCROACHMENT PERMITS. 9 -4 -60: NOTICES. 9 -4 -70: FEES. 9 -4 -80: APPLICATION FORM AND CONTENT. 9 -4 -90: CHANGE IN APPLICATION INFORMATION. 9-4 -100: TIME FOR REVIEWING APPLICATION. 9-4 -110: PERMIT ISSUANCE. 9-4 -120: PERMIT DENIAL. 9-4 -130: NOTICE OF DENIAL. 9-4 -140: EXPEDITED REVIEW. 9-4 -150: TERM; RENEWAL. 9-4 -160: UNIFORM NEWSRACKS. 9-4 -170: PERMIT CONDITIONS. 9-4 -180: INSTALLATION REQUIREMENTS. 9-4 -190: PROHIBITED AREAS. 9-4 -200: MAINTENANCE. 9-4 -210: HARMFUL MATTER. 9-4 -220: LIABILITY INSURANCE. 9-4 -230: RIGHT OF ADMINISTRATIVE REVIEW. 9-4 -240: TIME FOR ADMINISTRATIVE REVIEW. 9-4 -250: COMMENCEMENT OF ADMINISTRATIVE REVIEW. 9-4 -260: ADMINISTRATIVE REVIEW. 9-4 -270: CITY MANAGER DECISION FINAL. 9-4 -280: MINOR VIOLATIONS. 9-4 -290: NOTICE OF HEARING FOR NEWSRACK REMOVAL. 9-4 -300: HEARING PROCEDURE. 9-4 -310: COMPLIANCE WITH REMOVAL ORDER. 9-4 -320: RECOVERING CITY EXPENSES. 9-4 -330: EMERGENCY REMOVAL. 9-4 -340: ABANDONMENT; DISPOSAL. 9-4 -350: ENFORCEMENT. 9-4 -360: CITY ATTORNEY ENFORCEMENT AUTHORITY. Page 2 of 20 9-4 -370: LIABILITY FOR FINES. 9-4 -380: EXISTING NEWSRACKS. 9-4 -390: NEWSRACKS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA. 9 -4 -10: PURPOSE. This chapter is adopted in accordance with California Constitution Article XI, § 7, for the purpose of establishing uniform regulations for allowing newsracks to be placed within the public right -of -way. The city's intent in adopting this chapter is to establish reasonable time, place, and manner restrictions on the commercial use of public right -of -ways in order to preserve public health, safety, and welfare. ARTICLE 1 — GENERAL PROVISIONS 9 -4 -20: DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. A. "Administrator" means the city manager or designee; B. "Blinder rack" means any opaque material placed in front of the harmful matter and within the publication vending machine which prevents exposure to public view. C. "Downtown Specific Plan Area" means the geographical area within the city's jurisdiction identified by the Downtown Specific Plan adopted on or about August 1, 2000, as amended; D. "Driveway" means a surfaced area which crosses a sidewalk designed or used for vehicular access between a lot and a public street; E. "Harmful matter' means matter which when taken as a whole, predominantly appeals to the prurient interests of the average person, applying contemporary statewide standards, meaning a shameful or morbid interest in nudity, sex, or excretion, and which is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational, or scientific value for minors. When it appears from the nature of the matter or the circumstances of its Page 3 of 20 dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter must be judged with reference to its intended recipient group. F. "Lot" has the same meaning as set forth in the zoning regulations of this Code; G. " Newsrack" means any self- service coin - operated box, container, storage unit or other dispenser designed, used or maintained for the display or sale of any written or printed material, including, without limitation, newspapers, news periodicals, magazines, books, pictures, photographs and records; H. "Permit" means a permit issued to a person pursuant to this chapter allowing a newsrack to be installed within a specifically designated portion of a public right -of -way. "Permit" may also include a uniform newsrack permit issued in accordance with this chapter; "Permittee" means a person or entity to whom a permit was issued pursuant to this chapter. J. "Public Right -of -Way" means any city street, sidewalk, pedestrian path, bike path or any other "public way," as defined by California Streets & Highways Code § 18609, and any successor statute. K. "Public street" means any city street or public right -of -way including, without limitation, the curb and gutter. L. "Uniform newsrack" means a newsrack of a style, size and color designated by council by resolution for permanent installation. 9 -4 -30: ADMINISTRATION. The administrator is authorized to receive applications, issue and revoke permits, and otherwise administer and implement this chapter. Page 4 of 20 9 -4-40: PROHIBITIONS. It is unlawful for any person to install, place or maintain a newsrack or uniform newsrack in any public right -of -way that violates any provision of this chapter including, without limitation, failing to obtain a permit issued pursuant to this chapter. 9 -4 -50: ENCROACHMENT PERMITS. Persons who obtain a permit pursuant to this chapter are not required to also obtain an encroachment permit under this code to install newsracks. 9 -4 -60: NOTICES. A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice is deemed served when personally delivered to the applicant/permittee; when deposited in first class United States Mail, addressed to the applicant/permittee's last known address; or when sent via facsimile to the applicant/permittee's last known facsimile number. B. Unless otherwise provided, written notification to a permittee /applicant of a permit decision will state with particularity the basis for such decision. 9 -4 -70: FEES. All fees applicable to this chapter are established by city council resolution. ARTICLE 2 — PERMITS 9 -4 -80: APPLICATION FORM AND CONTENT. A. Permit applications must be filed by a natural person in the name of each applicant proposing to obtain a permit. B. Every application must be signed by the applicant, or the applicant's authorized representative, under penalty of perjury. C. Permit applications, and permits, will be in a form prescribed by the administrator and contain all of the following information: Page 5 of 20 I . The name, mailing address, and daytime and evening telephone numbers of the person filing the application; 2. The proposed location for the newsrack; and 3. Such additional information as the administrator may reasonable require to process the application. D. Applications must be accompanied by an administrative fee for processing the application. 9 -4 -90: CHANGE IN APPLICATION INFORMATION. A. Whenever any change occurs in the information contained in the permit, the permittee must give the administrator written notice of the change within thirty (30) days of the date that the change becomes effective. B. If a permittee fails to give the administrator timely written notice of a change in the information contained in the application, the administrator may charge the permittee an additional administrative fee. 9-4 -100: TIME FOR REVIEWING APPLICATION. After receiving a completed application, the administrator must review the application and either issue or deny a permit within thirty (30) days. 9-4 -110: PERMIT ISSUANCE. A. The administrator must issue a permit if 1. The application was complete in accordance with this chapter; 2. There are no grounds for denying the permit; and 3. The applicant accepts the permit in writing. B. Use of any permit issued pursuant to this chapter must conform to the permit conditions of this chapter. Page 6 of 20 9-4 -120: PERMIT DENIAL. A permit can be denied for the following reasons: A. The application is incomplete; B. The applicant failed to provide reasonable supplemental application information requested by the administrator; C. Information submitted by the applicant is materially false; D. The application is submitted by a person with a suspended permit or whose permit was revoked; or E. The application seeks authorization for a newsrack that is prohibited by this code or unlawful under any other local, state, or federal law. 9-4 -130: NOTICE OF DENIAL. Where the administrator denies a permit, the administrator must serve notice to the applicant. 9-4 -140: EXPEDITED REVIEW. Pursuant to California Code of Civil Procedure § 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedure § 1094.8, or any successor statute or regulation. 9-4 -150: TERM; RENEWAL. Unless suspended or revoked, permits issued pursuant to this chapter have a term of one (1) year. Permits must be renewed not later than thirty (30) days before they expire in order to be maintained. Should a permit expire, the permittee must comply with this chapter to obtain a new permit. 9-4 -160: UNIFORM NEWSRACKS. A. By resolution, the council may from time to time establish uniform newsrack locations. The council must first hold a public hearing, for which notice must be sent at least fifteen (15) days in advance to all persons Page 7 of 20 requesting notice, or whose name and address appears on an existing newsrack in the subject location, and after such hearing must find that the location carries a substantial volume of pedestrian or vehicular traffic, that uniform newsracks are feasible at the location, and that it is in the public interest for such newsracks. B. The resolution must describe the location; designate the particular point(s) at that location where uniform newsracks may be installed; specify the maximum number of uniform newsracks to be allowed at the location; and specify the style, size, color or other attributes required of uniform newsracks at the location. Such specification should not require uniform newsracks made by any particular manufacturer. The resolution may direct the administrator to install a kiosk(s), pedestal(s), or other support structure to accommodate a stated number of newsracks. C. No person may install a uniform newsrack at a uniform newsrack location without first obtaining a uniform newsrack permit from the administrator. D. Upon the adoption of a resolution by council establishing a uniform newsrack location, interested persons may apply for such permit. The administrator must hold all such applications for thirty (30) days after the date the resolution was adopted and may then issue all permits applied for up to the maximum number established, if any, in the resolution. E. No fee will be charged for the uniform newsrack permit. F. Permits are determined by a random selection process. The first application identified by random selection will be issued a permit for the most favorable location, and so on until the maximum number, if any, is reached. Applicants seeking permits for more than one newsrack in a single location will be allotted adjacent spaces. The remaining applications must be denied and the applicants notified. Where fewer applications are received than the maximum number of positions allowed by the resolution, permits for the remaining positions may be allotted on a first -come, first -served basis. G. Each year, during the month of December, the administrator must draw lots in the above manner for permits for the next calendar year from among those holding permits and any new applications received by December 1st. H. The council may at any time, on its own motion or upon request of any person, by resolution, increase the maximum number of available Page 8 of 20 positions. In the event of such increase, or in the event a position becomes available by abandonment or otherwise, such position(s) must be allotted by the above procedure. Upon being granted a permit, the applicant may permanently install a uniform newsrack as described in the resolution, either affixing it to the pavement or ground, or in the event the resolution directs the administrator to install support structures, then to such support structure. J. A uniform newsrack permit will, in addition to all other provisions of this section, be conditioned with all other requirements of this chapter. ARTICLE 3 — PERMIT CONDITIONS; NEWSRACK REGULATIONS 9-4 -170: PERMIT CONDITIONS. Permits issued pursuant to this chapter have the following general conditions: A. Permittees must maintain a valid business license issued pursuant to this code; B. Permittees must pay all fees required by this chapter. C. Newsracks cannot unreasonably: 1. Interfere with or impede the flow of pedestrian or vehicular traffic. 2. Interfere with or impede ingress or egress from any residence or place of business located adjacent to a public right -of -way. 3. Interfere with any public utility facility located within the public right - of -way or in close proximity thereto. D. Except as otherwise provided, newsracks must be placed within the public right -of -way. E. Permittees must enter into a hold harmless agreement with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from a permittee's activities in a form approved by the city attorney's office. F. Permits are not transferable to another person or to another location. Page 9 of 20 G. The name, address, and telephone number of the permittee must be permanently affixed to newsracks. H. Each newsrack must have affixed to it in a readily visible place a notice setting forth the name and address of the person responsible for maintaining the newsrack and a working telephone number to call to report a malfunction, or to obtain a refund in the event of a malfunction of the coin - return mechanism. I. Each newsrack must be maintained in accordance with this Code. 9-4 -180: INSTALLATION REQUIREMENTS. Each newsrack must comply with each of the following requirements: A. Size: No newsrack may exceed five feet (5') in height, thirty inches (30 ") in width, or two feet (2') in depth. B. Placement: Newsracks may only be placed in a public right -of -way near a curb or adjacent to a wall of a building. The rear of newsracks placed near a curb must be placed not less than eighteen inches (18 ") nor more than twenty four inches (24 ") from the face of the curb. The rear of newsracks placed parallel to a wall or building must be placed not more than six inches (6 ") from the wall or building. No newsrack may be placed or maintained in a public right -of -way opposite one or more newsracks. C. Groups of Newsracks: Newsracks may be placed next to each other; provided, that no group of newsracks must extend more than ten feet six inches (10'6 ") along a curb or wall and a space of no more or less than three feet (3') must separate each group of newsracks from another group of newsracks. There may be no more than three (3) of the above described groups of newsracks located on a public right -of -way within a block. D. Anchoring: Each newsrack must be securely anchored to the ground or sidewalk. E. Each newsrack must be equipped with a working coin - return mechanism to permit a person using the machine to obtain an immediate refund in the event a person is unable to receive the publication paid for. The coin - return mechanisms must be maintained in good working order. Page 10 of 20 9-4 -190: PROHIBITED AREAS. Notwithstanding any other provision of this chapter, no newsrack may be placed, installed, used or maintained as follows: A. Within one foot (1') of any area improved with lawn, flowers, shrubs or trees; B. Within three feet (3') of 1. The entrance or exit to any building; 2. Any display window in any building abutting a sidewalk or public right -of -way. No newsrack may be located directly in front of any display window of any building abutting a public right -of -way without the written consent of the person or entity legally in occupancy or otherwise in control of the premises on which the display window is located. Proof of such consent must be included in the permit application. If such consent is withdrawn, any newsrack placed in front of a display window must be removed within fourteen (14) days of the date of written notice from the city to the owner of such newsrack. C. Within five feet (5') of 1. Any marked crosswalk. 2. The curb return of any intersecting public streets. 3. Any fire hydrant, fire call box, police call box or any other emergency facility. 4. Any designated bus stop area or any sign marking a designated bus stop. 5. Bus bench. 6. Any curb painted blue, pursuant to the provisions of California Vehicle Code § 21458; D. Within ten feet (10') of any driveway. E. In any location whereby the clear passage on a sidewalk for pedestrian Page 11 of 20 traffic is reduced to less than five feet (6). F. Within any public street; G. Within one hundred feet (100') of a newsrack containing the same edition of the same publication, except where bulk of a particular edition is such that more than one rack is required, in which case said newsracks must be placed side -by -side; H. Within three hundred feet (300') of a uniform newsrack location, except for any period, not to exceed thirty (30) days, during which a uniform newsrack permit has been granted at the location but the applicant has been unable to obtain a uniform newsrack; Chained or otherwise attached to any fixture. All newsracks must be permanently affixed to the pavement or otherwise anchored to a concrete base. Newsracks anchored to concrete bases must have a minimum weight of 100 pounds empty. Uniform newsracks which have been established and permitted pursuant to this chapter may be permanently affixed to the pavement or authorized support structures as established by city council resolution. J. Be used for advertising, selling or storing material other than that dealing with the display, sale or purchase of the publication sold therein. K. No newsrack may remain empty for a period of thirty (30) consecutive days. 9-4 -200: MAINTENANCE. Each newsrack must be maintained in a clean and attractive condition and in good repair at all times, and no issue or edition of any publication may be allowed to remain in any such newsrack for a period exceeding 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. Specifically, but without limiting the generality of the foregoing, each newsrack must be reasonably free of dirt and grease; be reasonably free of chipped, faded, peeling and cracked paint; be reasonably free of rust and corrosion; have no broken cracked, dented, blemished or discolored plastic or glass parts; have no torn, peeling or fading paper or cardboard parts or inserts; and have no broken or misshapen structural parts. Page 12 of 20 9-4 -210: HARMFUL MATTER. Pursuant to California Penal Code § 313.1(d), any harmful matter displayed in a public place from which minors are not excluded must be concealed with blinder racks, so that the lower two- thirds of the material is not exposed to view. ARTICLE 4 — APPEALS 9-4 -220: RIGHT OF ADMINISTRATIVE REVIEW. Except as otherwise provided, an applicant may request administrative review of the administrator's decisions pursuant to this chapter including, without limitation, decisions regarding permit denial. 9-4 -230: TIME FOR ADMINISTRATIVE REVIEW. A. Except as otherwise provided, a request for review must be commenced within five (5) days from the date on which written notice of the administrator's decision is served on the applicant/permittee. B. If a request is untimely, the administrator may, nevertheless, extend the time for commencing such review for good cause shown, but in no event may a request be filed more than thirty (30) days after notice was served. 9-4 -240: COMMENCEMENT OF ADMINISTRATIVE REVIEW. A. A request for administrative review must be on a form provided by the administrator and contain the following information: The name, address and telephone number of the person making the request; 2. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; 3. A brief description of all grounds for making the request; and 4. Such other information as may be required by the administrator; B. A request for administrative review must be accompanied by a fee in an amount determined by city council resolution. Page 13 of 20 9-4 -250: ADMINISTRATIVE REVIEW. A. Upon request for administrative review being filed, the administrator will provide a copy of the notice to the city manager within two (2) business days. B. Upon receiving a request for review from the administrator, the city manager will review the request and, within ten (10) business days of receiving the request notice, provide the appellant with a written notification that: 1. The administrator's decision is affirmed; 2. The administrator's decision is modified; 3. The administrator's decision is reversed and a permit is issued. Under such circumstances, the fee collected for an appeal must be returned to the permittee within thirty (30) days of the city manager's decision. C. The city manager may, but is not required to, conduct a hearing at a time and place determined at the city manager's sole discretion. In the event of a hearing, the rules of evidence will not apply. The city manager may consider such evidence as the city manager may deem reliable. The city manager may adopt such additional reasonable rules of procedure that may facilitate the progression of such a hearing. 9-4 -260: CITY MANAGER DECISION FINAL. The city manager's decision is final. There is no right to appeal a decision to the city council. Any court challenge must be filed within ninety (90) calendar days of the city manager's decision in accordance with California Code of Civil Procedure § 1094.6. ARTICLE 5 - ENFORCEMENT 9-4 -270: MINOR VIOLATIONS. In the case of minor violations of this chapter that can be corrected at the site, any city employee, as an alterative to removing the newsrack, is authorized to correct the violation summarily. The permittee will bear the cost of any such correction. Page 14 of 20 9-4 -280: NOTICE OF HEARING FOR NEWSRACK REMOVAL. A. Upon discovering a newsrack that lacks a permit or otherwise violates this chapter, the administrator may take action to remove such a newsrack in accordance with this chapter. B. To initiate proceedings for removing newsracks, the administrator will cause written notice to be mailed and conspicuously posted on the newsrack . Notice must be titled in letters at least one inch in height and read substantially as follows: Removal Hearing Notice On , 20 , the City of El Segundo will determine whether this Newsrack should be removed in accordance with the El Segundo Municipal Code ( "ESMC "). If the Newsrack is found to violate the ESMC and is not promptly removed by the owner, then the City may remove it and impound it at the owner's expense. If the City removes the Newsrack, all costs associated with such removal, impoundment, and storage, must be paid by the owner before the Newsrack is returned. The alleged violations consist of the following: All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the City , to be held at on , at the hour of m., when their testimony and evidence will be heard and given due consideration. Dated: Administrator C. Mailing /posting. Notice of the hearing will be served by posting the newsrack and by registered or certified mail (postage fully prepaid) addressed to the newsrack owner. The notice must be posted on the newsrack and mailed at least ten (10) days before the hearing date. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any set forth in this chapter. D. The administrator is not required to wait ten (10) days to proceed if the Page 15 of 20 intent to permanently abandon or vacate a newsrack or uniform newsrack location is confirmed in writing by the owner of such newsrack. 9-4 -290: HEARING PROCEDURE. A. The hearing must be conducted by a hearing officer selected by the administrator. At the time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether the newsrack violates this chapter. At the hearing, the hearing officer will accept reliable evidence from any person if such evidence bears on the issue of whether the newsrack violates this chapter. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Code of Civil Procedure § 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding alleged violations, the hearing officer will determine whether or not the newsrack violates this chapter and should be removed. B. As soon as is practicable following the close of such hearing, the hearing officer will render a decision on the matter. If the newsrack is found to violate this chapter, the hearing officer will issue an order requiring the newsrack to be removed within a reasonable time and manner as set forth in the order. The hearing officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including, a copy of the order. The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure § 1094.6. There is no right to a city council appeal. 9-4 -300: COMPLIANCE WITH REMOVAL ORDER. At no cost to the city, the newsrack will comply with all of the provisions of a removal order. If the newsrack owner fails, for any reason, to comply with a removal order within the time required in the order, the administrator, will cause the newsrack to be removed and impounded by city forces or by private contractor. 9-4 -310: RECOVERING CITY EXPENSES. The administrator will keep an account of the costs, including incidental expenses, of removing, impounding, and storing such newsracks. Newsrack owners must pay the city all reasonable costs associated with Page 16 of 20 the noticing, removal, and storage of the newsrack before regaining possession of such newsracks. 9-4 -320: EMERGENCY REMOVAL. Notwithstanding any other provision of this chapter, whenever the administrator, determines that a newsrack constitutes an immediate threat or hazard or danger to persons or property, the administrator, without observing procedures set forth in this chapter with reference to newsrack removals, will immediately cause such a newsrack to be removed in such manner as the administrator determines is reasonably required. If the administrator deems it feasible, the administrator may attempt to give the newsrack owner verbal notice of the danger and the proposed timing and removal of the newsrack. Where such removal is ordered, the administrator will, after completing the removal of the newsrack, comply with the provisions of this chapter. 9-4 -330: ABANDONMENT; DISPOSAL. The owner of any impounded newsrack who fails to obtain the release of the newsrack within thirty (30) days after impoundment, is deemed to have abandoned the newsrack, and the newsrack may be disposed of by the administrator in the time and manner prescribed by law, for the disposal of abandoned personal property. 9-4 -340: ENFORCEMENT. A. In addition to the remedies set forth in this chapter, violations of a permit may be enforced as follows: Prosecution as infractions or misdemeanors at the city attorney's discretion. 2. Abated as a public nuisances. 3. Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the permittee operates. B. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies. 9-4 -350: CITY ATTORNEY ENFORCEMENT AUTHORITY. Page 17 of 20 In addition to any other general functions, powers, and duties given to the city attorney by this code or California law, the city attorney is authorized to: A. Prosecute on behalf of the people all criminal and civil cases for violations of this chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief; B. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the city under this chapter. 9-4 -360: LIABILITY FOR FINES. All fines, fees, penalties, and interest imposed pursuant to this chapter are civil debts owed to the city by the person fined. In the event that judicial action is necessary to compel payment of any debt owed to the city, the person or persons subject to the fine are also liable for the costs of suit and attorney's fees incurred by the city to collect the fine. ARTICLE 6 — PREEXISTING NEWSRACKS 9-4 -370: EXISTING NEWSRACKS. A. Any person who owns or is entitled to possession of any newsrack located within a public right -of -way upon the effective date of this chapter, must either remove the newsrack or obtain a permit pursuant to this chapter within one (1) calendar year after the effective date of this chapter. B. If any such newsrack remains in place without a permit after the this time period, the administrator may begin removal proceedings as provided in this chapter. C. If the newsrack owner does not comply with the administrator's notice of removal, or does not appeal it, within the time set in such notice, the administrator may remove and impound the newsrack. 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. 9-4 -380: NEWSRACKS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA. Page 18 of 20 Persons possessing a valid newsrack permit issued before the effective date of this chapter and who had a newsrack located within the city's downtown specific plan area, must comply with all of the following before installing newsracks: A. If the person removed newsracks from the public right -of -way in accordance with the city's direction before the effective date of this chapter, the person must obtain a permit issued pursuant to this chapter or, if applicable, a uniform newsrack permit, before installing newsracks within the Downtown Specific Plan Area; B. If the person has existing newsracks that were not removed at the city's direction before the effective date of this chapter, the person must obtain a permit within one (1) calendar year after the effective date of this chapter for the continued use of such newsracks." SECTION 3: Repeal of any provision of the ESMC herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. ATTEST: PASSED AND ADOPTED this 2ND day of DECEM ER , 2003. V), 4 At� Mike Gordon, Mayor Page 19 of 20 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1370 was duly introduced by said City Council at a regular meeting held on the 18th day of November , 2003, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 2nd day of December 2003, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, Gaines and McDowell NOES: None ABSENT: wernick ABSTAIN: None Cindy Wrtesen, City Clerk APPROVED Mark D. Hera ,Karl H. Berger, Ass' ant City Attorney Page 20 of 20