HomeMy Public PortalAboutOrdinance 75-423ORDINANCE NO. 75 -423
AN ORDINANCE OF THE CITY OF TEMPLE CITY
REGULATING NEWS RACKS IN PUBLIC RIGHTS -
OF -WAYS AND DECLARING THIS ORDINANCE
IMMEDIATELY EFFECTIVE
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN
AS FOLLOWS:
SECTION 1. Sections 4250$1 through 4250.11 are hereby added
to the Temple City Municipal Code, reading as follows:
Section. 4250.1 News Racks
For the purpose of these sections,. 4250.
certain words and phrases shall be construed
this section, unless it is apparent from the
different meaning is intended:
(a) "News racks" means any self- service-oricoin- operated
box, container, storage unit or other dispenser installed,
used, or maintained for the display and sale of newspapers or
news periodicals.
(b) "Street" means all that area dedicated to public
use for public street purposes and shall include, but not be
limited to, roadways, parkways, alleys and sidewalks.
(c) "Roadway "'means that portion of a street improved,
designed, or ordinarily used for vehicular travel.
(d) ''_Parkway" means that area between the sidewalks 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.
1 through 4250.11,
as set forth in -
context that a
(e) "Sidewalk" mean
sive use of pedestrians.
any surface provided for the exclu-
Section 4250.2 Prohibition of News Racks on Roadways
No person shall install, use or maintain any news rack
or other structure which projects into, onto or over any part
of any roadway of any public street, or which rests wholly or
in part upon, along, over or within 18 inches of any portion
of the roadway of any public., street.
Section 4250.3 Dangerous Condition or Obstruction
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:
(a) when such installation, use or maintenance endangers
the safety of persons or property, or which site or location
is used for public utility purposes, public transportation
purposes or other governmental use; or
(b)-when such news rack unreasonably interferes with or
impedes the flow of pedestrian or vehicular traffic including
any legally marked or stopped vehicle, the ingress into or
egro_ss 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
(c) when such news racks are so, insufficiently illumin-
ated at night as to cause a potential hazard to pedestrians.
Section 4250.4 Standards for Maint'enanc'e and Installation
Any news rack which in whole or in part rests upon, in
or over any public sidewalk or parkway shall comply with the
following standards:
Ordinance No. 75 -423
(a) No news rack shall exceed five (5') feet in height,
thirty (30 ") inches in width, or two (2') feet in thickness.
(b) 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 (18 ")
inches nor more than twenty -four (24") 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 (6 ") inches from the wall. No news rack shall be
placed or maintained on the sidewalk or parkway opposite
(within a 30 degree angle) of another news rack.
(c) No news rack shall be chained, bolted or otherwise
attached to any property not owned by the owner of the news
rack to any permanently fixed public property or public
utility object.
(d) News racks may be placed next to each other, pro-
vided that no group of news racks shall extend more than
eight (8') feet along a curb or wall and a space of no
less than 25 feet shall separate each such group of news
racks.
(e) News racks may be chained or otherwise attached
to one another in groups, provided no more than three (3)
news racks be joined together in this manner, and a space
of no less than eighteen (18 ") inches shall separate each
such group.
(f) No news rack (or group of attached news racks
allowed under paragraph (e) hereof) shall weigh in excess
of one hundred twenty -five (125 lbs.) pounds when empty.
(g) Notwithstanding the provisions of Section 4250.3,
no news rack shall be placed, installed,used or maintained
in a public place:
(1) Within five (5') feet of any marked crosswalk.
(2) Within fifteen (15') feet of the curb return
of any unmarked crosswalk.
(3) Within five (5') feet of any fire hydrant, fire
call box, police call box or other emergency facility.
(4) Within five (5') feet of any driveway.
(5) Within five (5') feet ahead of any twenty -five
(25') feet to the rear of any sign marked a designated
bus stop.
(6) Within six (6') feet of any bus bench.
(7) At any location whereby the clear space for
the-passageway of pedestrians is reduced to less than
six (6') feet.
(8) Within three (3') feet of any area improved with
lawn, flowers, shrubs, or trees or within three (3')
feet of any display window of any building abutting
the sidewalk or parkway or in such manner as to im-
pede or interfere with the reasonable use of such
window for display purposes.
(h) No news rack shall be used for advertising signs
or publicity purposes other than that dealing with the dis-
play, sale or purchase of the newspaper or news periodical
sold therein
(i) Each news rack shall be maintained in a clean,
neat and attractive condition and in good repair at all times.
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Ordinance No. 75 -423
(j) No news rack shall be permitted to remain in other
than its vertical position for more than 24 hours.
(k) No news rack may remain empty in excess of three
(3) days.
(1) Material offered for sale must be the current edi-
tion of the publication so offered.
Section 4250.5 Standards for Materials Sold
(a) No publication defined as "harmful matter" by Section 313
of the Penal Code of the State of California shall be distributed
as defined in Section 313.1 of said Penal Code in a news rack upon
public property within 100 feet of the entrance to any restaurant,
theater, school or other place catering to minors.
(b) No publication may be offered for sale, to the public on
any public right -of -way by means of such news rack in such manner
as to expose to the public view any photograph or drawing contained
within such publication displaying any of the following:
(1) The genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region of any person,
other than a child under the age of puberty.
(2) Any portion of the breast, at or below the areola,
of any female person, other than a child under the age of
puberty.
(3) Actual or simulated sexual intercourse or sexual
conduct prohibited by the Penal Code,
(4) Human excrement, feces, urine or semen.
(c) No single edition of a publication shall remain in a news
rack in excess of eight days, unless the owner shall first file a
statement with the City Clerk indicating such extended sale.
Failure to so file such statement shall constitute a violation of
this Section,
(d) Every person is guilty of a misdemeanor who causes, per-
mits, procures, counsels or assists in an offer of sale of any
such publication in violation of this section.
(e) Any publication offered for sale in violation of this
Section constitutes a public nuisance and a misdemeanor.
Section 4250.6 Exceptions
There shall be excepted from the provisions of Section
4250,5 any publication, display or depiction which:
(a) constitutes a violation of any state statute; or
(b) is specifically held to be preempted from local regula-
tion by a court of final resort; or
(c) constitutes a photograph of an existing serious work
of art; or
(d) constitutes a photograph of a current event of a serious
social value,
Section 4250,7 Authority of Director of Public Services to Adopt
Regulations.
The Director of Public Services is hereby empowered to adopt
reasonable standards and regulations to implement the provisions
and purposes of these Sections based upon street and pedestrial
traffic requirements, access to parking places and facilities, and
public health, safety and welfare., Notice of such additional regu-
lations shall be given to each news rack owner five (5) days before
becoming effective.
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Ordinance No. 75 -423
Section 4250.8 Information Required
Within thirty (30) days after these Sections become effective
every person or other entity which places or maintains a news rack
on the streets of the City shall have his or its name, address and
telephone number affixed thereto in a place where such information
may be easily seen.
Section 4250.9 News Racks in Violation of These Sections
Upon determination by the Director of Public Services that
a news rack has been installed, used or maintained or contains
matter in violation of the provisions of these Sections, an order
to correct the offending condition will be issued to the owner of
the news rack. Such order shall be mailed to the owner by certified
mail, return receipt requested. The order shall specifically des-
cribe the offending condition and request correction of the condi-
tion or content with 72 hours after the mailing date of the order
shall result in the offending news rack being summarily removed.
If the offending news rack is notproper1y identified as to owner
under the provisions of Section 4250.8'hereof, it shall be removed
immediately.
(a) If correction is made by the owner, then the Director-,of
Public Services shall cause inspection to be made of the corrected
condition. The owner of said news rack shall be charged a Ten
($10) Dollar inspection fee for each news rack so inspected.
(b) If correction is not made before removal, and such re-
moval is completed, the Director of Public Services shall notify
the owner (if known) that he may pick up the news rack and contents,
where and when. If the owner fails to make such pick -up and pay a
$15 impound charge within ten (10)-days after such notice, the news
rack and contents may be destroyed.
Section 4250.10 Appeals
Any person or entity aggrieved by a finding, determination,
notice or action taken under the provisions of these Sections may
appeal and shall be appraised of his right to appeal to the City
Council. An appeal must be perfected within 72 hours after receipt
of notice of any protested decision or action by filing with the
office of the City Clerk a letter of appeal briefly stating there-
in the basis for such appeal. A hearing shall be held on a date
no more than fourteen (14) days after receipt of the letter of
appeal. Appellant shall be given at least five (5) days notice
of the time and place of the hearing. The City Council shall
give the appellant, and any other interested party, a reasonable
opportunity to be heard in order to show cause why the determina-
tion should not be upheld. In all such cases, the burden of proof
shall be upon the appellant to show that there was no substantial
evidence to support the action taken. At the conclusion of the
hearing, the City Council shall make'a final and conclusive deter-
mination.
Except as otherwise provided in Section 4250.9, the City shall
not enforce compliance with an order to correct while an appeal
therefrom is pending.
Section 4250.11 Other Violations
In the case of violations of these Sections relative to re-
strictions upon attachments of news racks to property other than
that owned by the owner of the news racks, to fixed objects or
each other, and upon location of news racks, any City employee
authorized by the Director of Public Services may, as an alter-
native to removal under Section 4250.9 hereof, remove such`attach-
ment and /or move such rack or racks in order to restore them to
a legal condition.
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Ordinance No. 75 -423
SECTION 2. Any person, firm or corporation violating this
Ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine of not more than $500, or
by imprisonment in the City or County .Jail for a period of not
to exceed six (6) months, or by both such fine and imprisonment.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the re-
maining portions of this Ordinance. The Temple City City Council
hereby declares that it would have passed this Ordinance, and
each section, subsection, sentence, clause and phrase hereof,
irrespective of the fact that any one or mbre of the sections,
subsections, sentences, clauses or phrases hereof be declared in-
valid or unconstitutional.
SECTION 4° This Ordinance shall become immediately effective
to protect the health, safety and welfare of the residents and to
protect against hazards.
SECTION 5. The City Clerk of the City of Temple City shall
certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the same to be published in
the Temple City Times, a newspaper of general circulation, printed,
published and circulated in the City of Temple City.
APPROVED, PASSED and ADOPTED th ° 4th day of •vember, 1975.
ATTEST:
C i'e Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF TEMPLE CITY )
YOR
I, Chief Deputy City Clerk of the City of Temple City, do
hereby certify that the foregoing Ordinance, being Ordinance No.
75 -423, was introduced as an urgency ordinance at a regular meeting
of the City Council of the City of Temple City, held on the 4th day
of November, 1975, and was duly passed, approved and adopted by
said Council, approved and signed by the Mayor and attested by the
City Clerk by the following vote of the Council:
AYES: Councilmen- Dennis, Greenberg, Merritt, Tyrell, Gilbertson
NOES: Councilmen -None
ABSENT: Councilmen -None
Chie Deputy City C er