HomeMy Public PortalAboutOrd. 1578ORDINANCE NO. 1578
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
REPEALING SECTION 13 -6 OF THE LYNWOOD MUNICIPAL CODE IN ITS
ENTIRETY AND ADOPTING A NEW SECTION 13 -6 ESTABLISHING
REGULATIONS FOR NEWSRACKS
WHEREAS, the City Council of the City of Lynwood desires to maintain public- rights-
of way in a safe condition;
WHEREAS, the City Council of the City of Lynwood recognizes that unauthorized
newsracks may unreasonably interfere with the flow of pedestrian or vehicular traffic;
WHEREAS regulating newsracks may reduce unnecessary exposure of the public to
personal injury or property damage;
WHEREAS the City Council recognizes the value of newsracks and desires to maintain
and preserve freedom of the press to distribute periodicals and newspapers;
WHEREAS, the City Council finds and determines that having an enforceable ordinance
regulating newsracks is critical to preserving the public health, safety and welfare of all citizens
in the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: That section 13 -6 of the Lynwood Municipal Code is repealed in its
entirety, and that a new Section 13 -6 titled " Newsracks" is added to the Lynwood Municipal
Code to read as follows:
13 -6 NEWSRACKS
A. Definitions:
The following words, terms and phrases, when used in this section shall have the
meaning ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
"Business day" means a day that Lynwood City Hall is open to conduct public business.
"City Manager" means the City Manager of the City of Lynwood or his /her designee.
"Director of Public Works" means the Director of Public Works of the City of Lynwood or
his /her designee.
"Operator" means the person, as either an individual or other entity, who is proprietor of a
newsrack, as defined by this section, whether in a capacity of owner, lessee, permittee, licensee
or in any other capacity. Where the Operator performs his or her functions through- a managing
agent of any type or character other than an employee, the managing agent shall also be deemed
an Operator for the purposes of this section and shall have the same duties and liabilities as his or
her principal. Compliance with the provisions of this section by either the principal or the
managing agent shall, however, be considered to be compliance by both.
"Newsrack" means 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 periodicals.
"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.
"Right -of -way" means land which by deed, conveyance, agreement, easement, dedication, usage
or process of law is reserved for and dedicated to the general public for a street, highway, alley,
pedestrian walkway, storm drainage, bicycle path or other purposes.
"Roadway" shall mean that portion of a street which is improved, designed or ordinarily used for
vehicular travel.
"Sidewalk" shall mean any surface provided for the exclusive use of pedestrians.
"Street" shall mean all that area dedicated to public use for public street purposes and shall
include, but not be limited to, roadways, highways, and alleys.
B. Intent and Purpose: The purpose of this section is to promote the public health, safety,
and general welfare of the residents and visitors to the City through the regulation of placement,
type, appearance, and maintenance of newsracks on public rights -of -way so as to:
1. Provide for pedestrian and driver safety and convenience;
2. Restrict unreasonable interference with the flow of pedestrian or vehicular traffic,
including, but not limited to, ingress into and egress from any residence or place
of business, or from the street to the sidewalk, or from the sidewalk to the street
by persons exiting or entering parked or standing vehicles;
3. Provide for the safety of the general public and property during emergency
conditions;
4. Provide reasonable access for the use and maintenance of poles, posts, traffic
signs and /or signals, hydrants, mailboxes, and access to locations used for public
transportation purposes;
5. Allow for the placement and maintenance of modular newsracks to be placed in
locations throughout the city which afford easy, convenient service to pedestrians,
but do not obstruct or interfere with access to abutting properties, and which do
not impede or endanger pedestrian, bicycle, or vehicular traffic;
6. Maintain and protect the values of surrounding properties, and ensure that the
aesthetics and historical attributes of adjacent businesses are not compromised by
the unregulated placement of newsracks in the public right -of -way;
7. Reduce unnecessary exposure of the public to personal injury or property damage;
8. Maintain and preserve freedom of the press to distribute periodicals and
newspapers;
9. Reduce visual blight and improve the aesthetic appearance of the City's streets
and sidewalks for the residents and visitors to the City by coordinating the
unifonn style and color of all newsracks; and in Specific Plan Areas, which have
a standard streetscape style and color, to allow for a uniform newsrack style and
color from a limited palate of colors in order to coordinate the color of newsracks
with their streetscape.
C. Compliance Phase In: The provisions of this section shall apply to all newsracks,
whether installed and maintained prior to or after the effective date of this ordinance which in
whole or in part rests upon, in, or over any dedicated sidewalk, right -of -way or parkway. Those
newsracks installed prior to the effective date of this revised ordinance shall be brought into
compliance with the all provisions of this code within one (1) year from the date of passage of
this ordinance.
D. Permits:
1. Prohibition: No person shall install, remove, or maintain any newsrack which in
whole or in part rests upon, in or over any public right -of -way or other public
property without first obtaining a permit from the Department of Public Works.
2. Applications: Applications for pen-nits required by this Section shall be filed with
the Department of Public Works upon printed forms to be prescribed and supplied
by the Department of Public Works. The application shall be signed by the
applicant and shall state the following:
a. The name, address, telephone number, and facsimile number of the
applicant;
b. The number of newsracks and location of the proposed installation or
maintenance of the newsrack;
C. The date that said newsrack is proposed to be installed or maintained;
d. The nature, type and model of the newsrack proposed to be installed or
maintained, including its dimensions;
e. A provision stating that the applicant agrees, upon expiration or revocation
of the permit, to. immediately restore the public right -of -way or other
public property to its condition prior to the installation or maintenance of
the newsrack;
f. The name, address, and telephone number of the responsible individual
whom the City may notify or contact at any time concerning the
applicant's newsrack;
g. Site plan, elevations, and any other plans required by the Director of
Public Works.
h. Any additional information which the Director of Public Works may deem
necessary for the proper disposition of the application.
3. The applicant shall be required to obtain a permit for each newsrack proposed to
be installed or maintained. An amended application for said permit shall be filed
with the Department of Public Works in the event that additional newsracks are
installed in the City or removed from the City by the applicant subsequent to the
issuance of the original permit by the City.
4. Annual Fee: Prior to the issuance of a pennit, the applicant shall pay an annual
pen-nit fee in an amount determined by resolution of the City Council. The fee
required shall apply to each newsrack installed or maintained by the applicant.
5. Inspection Fee: In addition to the annual pen-nit fee payable pursuant to
subsection 4 above, each applicant shall pay an inspection fee in an amount
detennined by Resolution of the City Council for each newly installed or replaced
newsrack.
6. Hold Harmless Agreement: In addition to the permit application, each applicant
shall also execute a document, approved as to form by the City Attorney, agreeing
to hold the City of Lynwood, its officers, directors, employees, volunteers, and
agents free and harmless from any loss, liability, damage or cost sustained by any
person or property, to the extent that the loss, liability, damage or cost arises out
of the installation, operation, or use of any newsrack located upon, in or over a
public right -of -way or other public property
7. Insurance: Before the City of Lynwood may issue a newsrack pennit, an
applicant shall furnish the Department of Public Works a certificate of insurance
evidencing that the applicant has then in force a liability and property damage
insurance policy with the following requirements:
a. A policy or policies of broad -form comprehensive general liability
insurance with minimum limits of one million dollars ($1,000,000)
combined single limit coverage against any injury, death, loss, or damage
as a result of wrongful or negligent acts by applicant, its officers,
directors, employees, agents, and independent contractors related to the
newsrack.
b. The City, its officers, employees, volunteers, and agents shall be named as
additional insureds. Property damage insurance with a minimum limit of
five hundred thousand dollars ($500,000) naming the City, its officers,
employees, volunteers, and agents as additional insureds.
C. The applicant shall keep the insurance in force during all times it
maintains a newsrack under the permit. The Certificate of insurance filed
with the City shall include a statement by the insurance carrier that thirty
(3 0) days notice will be given to the City before cancellation.
8. Duration of Permit: Each permit shall be valid for a period of one (1) year, and
shall be renewed in the same manner set forth in this section for original
applications.
9. Permit is Non - Transferable: A permit granted pursuant to this section may not be
transferred from one location to another location or from one person to another
person.
10. Attachment of Permit: The permit shall be in the form of a sticker or decal which
the operator shall attach and maintain on the newsstand or newsrack for which the
pen-nit has been issued. If, through no fault of the operator, the permit is destroyed
or defaced, or if the newsstand or newsrack or a portion thereof on which the
pen-nit is affixed is replaced, and the City Manager so finds, he shall issue a
duplicate permit.
11. Verification of Business License: No pen-nit shall be issued until applicant obtains
a City of Lynwood business license.
E. Denial of Permit: If the Director of Public Works denies a permit, he shall so inform the
applicant in writing and also inform the applicant that he may file an appeal to the City Manager.
F. Right of Appeal to the City Manager or His /Her Designated Hearing Officer.
1. The decision of the Director of Public Works may be appealed to the City
Manager or his/her designated hearing officer in accordance with the Lynwood
Municipal Code. Such appeal shall be requested in writing within ten (10)
business days of any decision.
2. After the expiration of the appeal period to the City Manager, the decision of the
Director of Public Works shall be final and conclusive unless an appeal was
timely filed in accordance with the provisions of the Lynwood Municipal Code.
3. In considering the appeal, the City Manager shall detennine whether the
newsrack(s) comply with the standards and specifications of this section.
4. On appeal, the City Manager shall conduct the hearing and may uphold, reverse,
or amend any decision of the Director of Public Works. The decision of the City
Manager, or its designated hearing officer, shall be final and conclusive. Notice
of the City Manager's, decision shall be mailed to the newsrack owner and
operator, if different from the owner, or other appellant within ten (10) business
days of the decision personally, or by certified United States mail, return receipt
requested. The decision shall include notification of Section 1094.6 of the
California Code of Civil Procedure. Should the certified mailed notice be
returned to the City for any reason, the City shall cause a copy of the same to be
mailed to the property owner shown on the last equalized assessment roll by
regular first -class mail with postage fully paid.
G. Standards and Specifications.
No person shall install, use or maintain any newsrack 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 a roadway.
2. No person shall install, use or maintain any newsrack which in whole or in part
rests upon, in or over any public right -of -way or other public property, when such
installation, use or maintenance endangers the safety of persons or property; or
when such site or location is used for public utility purposes, public transportation
purposes or other government use; or when such newsrack interferes with or
impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from
any residence, place of business, or any legally parked or stopped vehicle, or the
use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects
permitted at or near said location; when such newsrack interferes with the
cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery;
or when such newsrack interferes with the ordinary use of public property.
3. The placement of all newsracks in the City shall comply with all local and state
accessibility regulations, including the Americans with Disabilities Act.
4. No more than three (3) separate newsracks, or a cluster made up of no more than
3 newsracks, shall be located upon, in or over any public right -of -way or other
public property within a space of two hundred (200) feet in any direction within
the same block of the same street.
5. Newsracks shall not be permitted on the public right -of -way adjacent to any
property that is zoned exclusively for single - family residential use (R -1).
6. Any newsrack which in whole or in part rests upon, in or over any public right -of-
way or other public property, shall comply with the following standards:
a. Stands for newsracks shall be single - pedestal, K -Jack Style Mounts, model
100 or equivalent.
b. Newsrack pedestal or mount and box shall be painted black, except in Specific
Plan Areas, which have a standard streetscape style and color, to allow for a
uniform newsrack color from a limited palate of colors in order to coordinate
the color of newsracks with their streetscape.
c. No newsracks shall exceed sixty (60) inches in height, thirty (30) inches in
width, or twenty -four (24) inches in depth, except for approved cluster racks.
d. Newsracks shall only be placed near a curb or adjacent to the wall of a
building. Newsracks 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.
Newsracks 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.
magazine, newspaper, periodical or other printed matter sold therein on the
display window of the newsrack.
I. Procedures for Posting, Removal and Storage of Newsracks in Violations.
1. GENERAL. Upon determination by the Director of Public Works that a
newsrack has been installed, used or maintained in violation of this Chapter, a
Notice to Correct shall be issued which shall specify the manner in which this
Chapter is violated and request compliance. The order shall be telephoned to the
distributor and confirmed by mailing a copy of the Notice by certified mail, return
receipt requested. A hearing with regard to the Notice to Correct may be
requested. Failure to either properly correct the violation or request a hearing on
the Notice within ten (10) business days (excluding Fridays, Saturdays, Sundays
and legal holidays) after the mailing date of the Notice shall result in removal and
storage of the newsrack by the Director of Public Works at any time after
expiration of the ten (10) business day period.
2. HEARING. If a hearing is requested, it shall be provided within ten (10) business
days of the request and all be conducted by the City Manager or his designee.
The appellant shall be given at least five (5) days notice of the time and place of
the hearing and shall be entitled to present evidence showing that the newsrack
was not installed, used or maintained in violation of this Chapter. The hearing
shall be conducted in a manner designed to ascertain the facts without an undue
consumption of time or resources. Formal rules of evidence shall not be
followed, nor shall any party have the right to require that witnesses be sworn or
subject to cross examination. The City Manager or his designee shall either
affirm, vacate or modify the Order to Correct upon completion of the hearing and
rendering of a decision. If the Order to Correct is not vacated, the distributor shall
comply with the Order within three (3) days of the decision; failure to comply
shall result in removal and storage of the newrack by the Director of Public
Works.
3. STORAGE; COSTS. The costs of removal and storage of any newsrack shall be
borne by the owner thereof and may be collected by the City in the same manner
as it collects any other civil debt or obligation. No newsrack which has been
removed and stored by the City shall be released to the owner unless the costs of
removal, storage, and any necessary repair to the premises on which the newsrack
was placed have been paid. If a newsrack which has been removed and stored
remains unclaimed for a period of sixty (60) days, it shall be deemed to be
unclaimed personal property and disposed of in accordance with law.
4. REMEDY CUMULATIVE. The remedy of removal and storage of a newsrack
may be exercised in addition to the criminal and civil remedies specified in the
Lynwood Municipal Code.
J. Removal of Newsrack by Operator: If the operator decides to remove the newsrack,
the operator must return the portion of the public right of way to good working and safe
condition, subject to inspection and approval by the Director of Public Works. Prior to removal
of any newsrack, the applicant shall obtain a permit from the Department of Public Works.
K. Display of Material Harmful to Minors. No material which is harmful to minors as
defined in Section 313 of the Penal Code of the State, shall be displayed in a public place, other
than a public place from which minors are excluded, unless blinder racks are placed in front of
the material so that the lower two - thirds (2/3) of the material is not exposed to view.
L. Procedures: The City Council reserves the right to adopt by resolution additional rules
and regulations which shall become effective immediately upon adoption, governing the
implementation of the specific procedures of this chapter.
M. Violations; penalties: Any person, including any newsrack operator, who violates any
provision of this Section shall be guilty of a misdemeanor, infraction, or fine, whatever is
deemed most appropriate by the City Prosecutor. Each day during any portion of which any
e. No newsrack shall be chained, bolted or otherwise attached to any property or
to any permanently fixed object not owned by the owner of the newsrack,
unless the consent of the owner of such property or object is obtained in
writing and presented with the permit application.
f. Newsracks may be placed, chained or otherwise attached to one another;
however, no more than three (3) separate newsracks, or a cluster made up of
no more than 3 newsracks, may be joined or placed together in this manner,
and a space of no less than eighteen (18) inches shall separate each group of
three (3) newsracks so attached.
g. Every newsrack shall be installed on a single pedestal or a multiple post which
shall be securely anchored to the ground and shall be constructed, installed
and maintained in a. safe and secure condition approved by the Director of
Public Works.
h. No newsrack shall be placed, installed, used or maintained:
i. Within fifteen (15) feet of any marked crosswalk;
ii. Within fifteen (15) feet of the curb return of any unmarked
crosswalk;
iii. Within fifteen (15) feet of any fire hydrant, fire callbox or other
emergency facility;
iv. Within fifteen (15) feet ahead of and fifteen (15) feet to the rear
of any sign marking a designated bus stop, parking meter,
traffic signal, street light, power pole, sign post, tree or refuse
container;
v. Within fifteen (15) feet of any bus bench or bus shelter;
vi. At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six (6) feet;
vii. Within five (5) 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;
viii. So that the front face or display window of the newsrack is
within three (3) feet of any lawn, flowers, shrubs or trees;
ix. Within five (5) feet of any bicycle rack.
G. Maintenance of Newsracks
Maintenance: Each newsrack shall be maintained in a clean, neat and attractive
condition and in good repair at all times so as not to become mechanically
inoperable or have cracked or broken coverings or casings. If an inspection is
required concerning maintenance, the owner of said newsrack shall be charged an
inspection fee in an amount determined by resolution of the City Council for each
newsrack so inspected
2. Identification of Operator: Every person who places or maintains a newsrack
upon, in or over any public right -of -way or other public property shall
permanently affix the operator's name, address, telephone number and permit
number in a place where such information may be easily seen on each newsrack.
3. Prohibition of Advertising on Newsrack: No newsrack shall be used for
advertising signs or publicity purposes other than to state that name of the
violation of any provision of this Section is committed, continued or permitted, shall constitute a
separate offense.
N. Non - Exclusive Remedy. This Section is not the exclusive remedy available to the City
for regulating newsracks and shall be in addition to other regulatory codes, statutes and
ordinances enacted by the City, the State, or any other governmental entity or agency having
jurisdiction.
SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining sections,
subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby
declares that it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 3: This ordinance shall take effect thirty (30) days after its final passage.
SECTION 4: The City Clerk of the City of Lynwood is hereby directed to certify to the passage
and adoption of this Ordinance and to cause it to be published as required by law.
First read at a regular meeting of the City Council held on the 16t" day of
May, 2006 and adopted and ordered published at a regular meeting of said Council held on the
6"' day of June, 2006.
VASQUEZ, dr
ATTEST: City of Lynwood
ow-/z/' /- g4, �
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
J. RNOLDO BELTRAN, City Attorney
Cit of Lynwood
AW6N4R;aUEAAk,'TINE , City Manager
City of Lynwood
GRANT TAYL , Director
City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 6th day of June , 2006.
AYES: COUNCILMEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, VASQUEZ
NOES: N 0 N E
ABSENT: NONE
ABSTAIN: NONE
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Ordinance No. 1 578 on file in my office and that said Ordinance
was adopted on the date and by the vote therein stated.
Dated this 6th day of JUNE 2006.
4'ze" /, '
Andrea L. Hooper, City Clerk