ORDINANCE 1375ORDINANCE NO. 1375
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
SECTION 9-4 -160 AND ADDING SECTION 9-4 -165 TO THE EL
SEGUNDO MUNICIPAL CODE TO REGULATE PLACEMENT OF
NEWSPAPERS AT UNIFORM NEWSRACK LOCATIONS.
The city council of the city of El Segundo does ordain as follows:
SECTION 1: El Segundo Municipal Code ( "ESMC) § 9 -4 -160 is amended to read as
follows:
"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
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. A uniform newsrack permit will, in addition to all other provisions of this
Page 1 of 4
section, be conditioned with all other requirements of this chapter."
SECTION 2: A new § 9 -4 -165 is added to the ESMC to read as follows:
"9-4 -165: PRIORITY SYSTEM FOR UNIFORM NEWSRACK PERMITS.
A. Uniform Newsrack permits are determined on a priority system as follows:
The administrator will give first priority to newspapers that are
adjudicated to be newspapers of general circulation in the city of El
Segundo in accordance with Government Code §§ 6020, et seq.
when applicable law requires the city to publish its legal notices in
such newspapers.
2. The administrator will give second priority to all other newspapers
that are not adjudicated to be newspapers of general circulation
within the city of El Segundo.
B. Should there be a conflict between newspapers within the same priority
seeking the same uniform newsrack location, and there are insufficient
uniform newsrack locations to accommodate the competing newspapers
after first filling as many uniform newsrack locations as possible by
utilizing the criteria set forth above, then the administrator will assign
uniform newsrack locations at random by placing the names of all
applicants for the remaining spaces at a uniform newsrack location into a
container from which the names will be drawn one at a time until the
remaining uniform newsrack locations are assigned. Such drawing is
open to the public at a time and date designated by the administrator.
C. Applications remaining after assignment of all uniform newsrack locations
must be denied. Where fewer applications are received than the
maximum number of spaces allowed by the resolution, permits for the
remaining spaces may be allotted on a first -come, first- served basis.
D. Annually, during December, the administrator must use the above criteria
for assigning uniform newsrack locations if the priorities of newspapers
change; newsracks are abandoned; or permittees fail to renew a permit."
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.
Page 2 of 4
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 (31 st) day following
its passage and adoption.
PASSED AND ADOPTED this 6th day of Avri 12004.
Mike Gordon, Mayor
Page 3 of 4
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
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. 1375 was duly introduced by said City Council at a regular meeting
held on the 16th day of March , 2004, 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 6th day
of April 2004, and the same was so passed and adopted by the
following vote:
AYES: Gordon, Gaines, McDowell
NOES: Wernick
ABSENT: None
ABSTAIN: None
NOT PARTICIPATING: A _Jacobs
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By J
Karl H. erger, Assistant City Attorney
Page 4 of 4