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HomeMy Public PortalAboutOrd. 0966 ORDINANCE NO, 966 AN ORDTNANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 28~6 AND ADDING SECTION 28-7 TO THE CITY CODE OF THE CTTY OF LYNWOOD RELATING TO NEWSRACKS Sect'ion 1. Section 28-6 of the Code of the City of Lynwood relating to newsracke prohibited in righte-of-way, ie hereby repealed. Sectian 2, 5ection 2$-7 is hereby added to the Code of the City of Lynwood to read as follows; Section 28-7 Neweracks Restrlcted in Rights-of-Way. A. Findings. The City Council of the C3ty of Lynwood finde that: (1) Newsstands and newsracks have been so placed on the streets in the City of Lynwood, and in such great numbers that the use of the sidewalks and other port[ons of safd streets have been obstructed and pedestrians and other travelers upon said streeta have been endangered, (2) Often the number and locations of eaid neweracks have been such as to constitute a fence between the curb and sidewalk, making the exit from a vehicle to the aidewalk impoesible or extrernely difficult. (3) Many newsracke contain newspapers and other printed matter which is offensive or which ie of a nature that the sale or diatribution thereof to persons under eighteen years of age is in opposition to the desires of community parents and in circumvention of the right of parental control, Such matter is visible to said minors. (4) Said minors can purchase such matter from said newaracks without hindranee. -1- /` l ORDINANCE NO. (5) The regulations imposed by this Section 28-7 are necessary to carry out the desires of the citizens of the City of Lynwood and to eliminate, or at least alieviate the above conditions. (B) Definitions. (1) As used in thi9 section, "newsrack", "Newsstand" or "publication vending machines" shall mean 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 news periodicals; (2) "Custodian", a person who has the responsibility of placing, servicing or maintaining a Publication Vending Machine by depositing and/or removing material from said machine and/or by collecting monies from said machine: (3) "Street" shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, highways, parkways, alleys and sidewalks; (4) "Roadway" shall mean that portion of a street which is improved, designed or ordinarily used for vehiculartravel; (5) "Parkway" shall mean that area between the sidewalk and the curb of any s~rreet and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" sha1L also include any area within a roadway which is not open to vehicular travel; (6) "Sadewalk" shall mean any surface provided for the exclusive use of pedestrians. (7) "Loc2~tion" shall mean any particular piece of property or street address. C. Permit Required. A person shall not place upon or use any newsstand or newsrack upon any ~treet, except in conformity with all oF the provisions of this Section 28-7 and until a permit is obtained from the City Manage~°. -2- OR,DTNANCE NO,. b, Exieting Newestanda and Newaracke. Any newsstand or newsrack legally existing on the efPective date ofthie Section 28-7 may be continued for thirty (30) daye ~L the same location without a permit. If within said thirty (30) daye, an z~plicetion Ia filed for a permit for the continuatlon oY such news- stand or new~rack at the same louation it may be continuec~ with:.ut a permii until final action by the C2ty Manager. E~ Application, Every pereon desiring a permit to place and maintain a newsstand or newsrack on a street shall file an application with the City Manager. A person may apply for more than one permit in the same appli- cation. F. Contents of Application. An applicatlon for a permit shall contain: (1) The name and address of the applicant. If the applicant is a corporation, the name shall be exactly as set Porth in ite articles of incorporation. If the applicant ie a partnership, the name and address of each general partner shall be stated. If one or more ofthe partnera is a corporation, the provisions ofthie Section 28~7 as to a corporate applicant shallapply, (2) A description c~f the newsstanda or newaracks or both for which permit~ are applied together with the street address, if any, otherwise a deacription ofthe location. (3) The poat office addresa of the custodian of each newsstand or newsrack~ (4) Whether the newsstand or newsrack ia at the time application is made already mainted atthe requested location. This provisions does not permit the placing or maintenance of a newsstand or newsrack contrary to the other provisions of this SectLon 28-7, (5) A etatement giving the deseription and number of each newsstand and newsrack other than applicant~s, at the applied for location. ..3 _ ORDINANCE NO. (6) A written statement satisfactory to the City Attorney whereby the person who will place or maintain such newsstands or newsracks on a public street agrees to indemnify and hold harmless the City, its officers, agents or employees from any loss or liability or damages including expenses and costs for bodily or personalinjury and for property damage sustained by any person as a result of the installation, use or maintenance of such newsstands or newsracks within the City. (7) A certificate of insurance establishing that there is in force and effect an insurance policy which will remain in force during the t'ime that such newsstands or newsracks are allowed to remain on public property, which such polic`y shall be of public liability insurance against liability for death of, or injuries to persons or damage to property arising out of accidents attri- butable to the newsstands, newsracks or publication vending machines for each location in the amounts determined by the City with limits of at least $100, 000 for injury or death to any person, and $300,000 for injury or death arising from any orne accident or occurrence and $25, 000 for property damage. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of his permit and shall contain a provision that such policy may not be cancelled except after thirty (30) days notice in writing given to the City Manager, Copies of these policies or certificates evidencing the same shall be filed with the City Manager, ~8) The granting of said permit will result in no more than five (5) newsracks at any one location. - 4 - ORDINANCE NO. G. Granting of Permit. The City Manager shall grant the permits requested if proper application is made and he finds: (1) The newsstands, newsracks or both and their proposed location will comply with all oF the provisions of this Section 28-7, (2) The maintenance of such newsstand, newsrack or both, as requested, will comply in all respects with the provisions oF this Section 28-7, H. Conflict between Applicants. If the granting of all appl'tcations will result in more than five (5) newsracks at one location, the City Manager shall determine which permits should be granted and which permits shall be denied in accordance with the following rules regarding preference: (1) Daily newspapers shall have first preference. (2) Weekly newspapers shall have second preference. (3) All other publications shall have third pre£erence. (4) As between applicants of the same preference, the first in time of filing a valid application shall have preference. (5) An applicant may be granted more than one newsrack at one location, except where: (a) Said grant would result in the exclusion of any applicant of any class from said location who has an application filed within 30 days of the effective date o£ Section 28-7. (b) Said grant would result in the exclusion of any applicant of any ctass from said location who has an application pending at the time of the request for said grant of an additional;newsrack. I. Duration of Permit. A permit is valid until: (1) Revoked. (2) Voluntarily surrendered by the permittee. - 5 - part rests upon, in ox° ov~^ ~ny si~ewalk o~° pagkway wF,en ~ueh instaltationID us~ or maintenance endangers t~ae safety of pe„^son: or property, or wFaen such site or location is used for pu~blic uEriity pur°po~es, public transpostation pu~°poses or othe~r governmental useW o~ wh.~n s~sc~t newestand or newSrack unreasonably interfex°s witlrn or impedes the flow of pedestrian or veFaic~al~r tr°affic, the Yngx°ess into or ~gwess fa°om any m~siderce or place of Yausiness or ttue use of poles,, posts, t~°afftc signs o:° sign~lsp hyd~°ants, maitboxes ox° otFnea° olb~ects pea°mett~d at or near t&ae said lo~~t[on, }'e Dimensions~ A news°a~:k wFni~R~ in whole or in part rests upono [n or ove~ any portYOn of a str~eet sha11 not excEed five (5) feet in Ea~ight, t~aree (3) feet in widtF~ and two (~) f2et irr thickness~ Q. Loc~tion, (1) Newsr°acks sdnall only be placed near° a curb oa° acYj~cent to the wall of a buildingo Newsrackc placed near the curb shall be placed no less t4a~n eighteen (18) Inck~es no~° more t~nan twenky foua° (24) inches from the edge of tFae curt~ Newsracks placed ,adjacent to tY~e wall of a build[ng stn~11 be placecl p~~°~YYeY to sun~tc w~11 an~ not mo~°e~ tlaan ~i~ (6) inehes from the wa11, No newsrack sha11 be placed or maint~[ned on the sidewalk os° parkway opposite a newssCsnd arr anottner newsrack„ (2) No news~°ack s~naYl be ch.3ine~, bolte3 0~° ottnerwise attac~aed to any propea°ty not .owned l~y the owner° of thae newsrack or to any permanently fixed objeet. (:~) Newsracks may be pla~ed next to e~ch other, provided that nogroup of news~r~ac~Fcs s&na11 extencY mo~°e th~n f~fteen (15) feet along a cu~°b or wall. (~i} Newsa°~.~ks may be c~nainec3 ow otherwise attacFned to one another, prov[ded no mox°e th~n tY~mee (3) newsmacke may be jorned toget&ner in t~sis manner, -7- ORDINANCE NOo J. Transfer of Permit. A permit granted pursuant to Section 28-7 may not be transferred f'rom one location to another location or from one person to another person. K, Attachment of Permit. The permit shall be in the form of a sticker or decal which the permittee shall attach and maintain on the newsstand or news- rack for which the permit has been issued. If, through no fault of the permittee, the permit is destroyed or defaced, or if the newsstand or newsrack or a portion thereof on which the permit is affixed is replaced, and the City Manager so finds, he shall issue a duplicate permit. L. Notice for Hearing, IF the City Manager denies a permit, he shall so inform the applicant in writing and aiso inform the applicant that within five (5) days after receipt of such nctification, he may file an application in writing with the City Manager for a hearing. M. Hearing. If the City Manager denies a permit within five (5) days of notification thereof, the applicant may file with the City Manager a written request for a hearing. The City Manager shall hold a public hearing, written notice of the time and place of which shall be given to the applicant, either personally or by first class mail postage prepaid no less than five (5) days prior to the hearing, After such hearing from the evidence producedthere'at, the City Manager ahall make the findings set forth in subsection G or find contrary thereto. N. Interference with Streets. A person shall not install, use or maintain any newsstand or newsrack which projects onto, into or over any part of the roadway of any street or which rests wholly or in part, upon, along or over any portion ofthe roadway of any stree~s. O. Conflict with Public Uses. A person shall not install, , use or maintain any newsstand or newsrack which in whole or in -6- ORDINANCE NOe (5) No newsrack os gro~ap of dttacaned newsracks allowed hexeunder shall weigh, in the aggregate, in excess of one kcundz°ed twenty- five (125) pounds wh~n emptyo (6) Notwitl:standing any p~°ior F;ravisions of tk~e Section 28-7, no newsrack shall be placed, installede used or maintainzdo (a) Within fiv~ £eet of any maa°ked crosswalk9 (1~) Wit&ain f'ifteen feet of t1~e curb return of any unmarked c~°osswal'Vc; (c) With[n five f2et of any f[re Exydrant, fire box, police call box ox other emergency facility; (d) Within fave Ceet of any driveway; (e) Within five fe~t ahead of and twenty-Five f~et to the re~x° of any sign marking a designated bus stop; (f) Wit~iin five feet of any bus bench; (g) At any 1oc~t[on wYnex°eby the clear space for tdae pa~sageway of pedestx°ians is rede~ced to less tEaan six feet; (h) W[t~nin th~°ee feet of any a~°~a tmproved w[th lawn, flowerse s~:rabs o~° tx°ees or within th~°ee feet of any aispTay window of any building ab~ntting t~ae sidewalk oz° parkway or in such manner as to impede o~° inte~°fere witta the reasonable use of cus~~ window for d[sp1~y purposesa (7) No newsracYc s~nali be used fom advertising signs or publicity purposes other than t~nat de~Ying wit~n the dis~alayr sale oa° purchase of the newspaper or news periodical sold therein. _.g,_ ORDINANCE NO. ~$) Each newsrack shall be maintained in a clean, neat and attracti~e condition and in good repair at all times. R. Minors. A person shall not place or keep in any newsrack which in whole or in part rests upon, in or over any portion of a street, any publication in such a manner as to expose to the public view any photograph or drawing contained within such publication displaying any matter the sale or distribution of which is prohibited by law to persons under eighteen (18) years of age. S. Offens'ive Matter. A person shall not place or keep in any newsrack which in whole or in part rests upon, in or over any portion of a street, any publication in such a mannex` as to expose to the public view any photograph or drawing contained within such publication displaying any of the following, unless such photograph or drawing is illustrative of or related to a description of a current news event in the same publication; (1) The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person, otherthan a child under the age of puberty. (2) Any portion of the breast, at or below the areola thereof, of any female persons other than a chiid under the age of puberty. T. Grounds for Revocation. The City Manager shall revoke a permit if he finds any of the following to be true: (1) In the maintenance of said newsstand or newsrack pursuant to such permit the permittee has violated or has been convicted of violating any provision of this Section 28-7, (2) The location of the street or sidewalk has been so altered that the location of the newsstand or newsrack no longer complies with the provisions of this Section 28-7, - 9 - ORI~INANCE NO, Ue Frocedure for Appeal of Revocatione (1) The Citq Manager shall send ttne permittee written not'rfication of revocation of the pez°mit. (~) 'I"he notice s~nail eont~zn t.k~e re~son for x°evocatione (3) The permittee sl-xall irnave f~ve (5) days w[thin which to file a wa°ctten a°equest for ~ kaeax°in~ on tl~e ~evmc:~tion, (4) Upon receipt of the a~eq^aest fo~° a hearing, the City Managea° sfrnall hold a hearing in w4aieh td~~ ~e~°anEttee may present his reasons for maintaing said permit in full for~e~ (5) If pesmittee does not f'(Ye said wr~tten r~quest for F~ea~°ing witl~a[n five (5) daysa the x~evoeation s?.a11 ~,ecome final and permittee sY~.aYI~@ aTlowed thix°ty (30) days from ttte t[me of [?~~: o~igin~l revocation to remove said newrackso V, Violations and PenaLtv. (Y) The ownex° of any newsa°~ck marnta[ned in violation of tknis Seetion 28-7, oa° any subdivdsron t~ie~°eof, s~naYY be gu~rlty of a misdeme3nore If ttae owner is known, he sha11 be maiY~a r~,~r[tten notYCE of the v[olation by certif~Ed mailp return a°eceipt requestede (2) IF the ownea° of t~e n~wsraek i~ unknown, cannot be foun~, fa[Ys to ~say any fine or fails to ~omx°~et tr..~ viaYation, the newsx°aek sfl~~ll be taYcen l~y t~ne City and store~o (~) The owner shall &n~u~e t~i•rty (30) days io claim th~, newsrack and pay all storage chaa°ges and itneso (4) After the passage of tk~[rty (30) days, the newsrack sha11 be deem~d abandoned and may be disposed of by tF~e City, Wo Seve_ rab(li~o If any px°ovision os clause of this Section 28-7, or appltcation thereof to any persan or crrcumstance is held invalid oz° unconstitutional, such invalidity or unconstitertionality sfiall not affect other provisions or applications of tYnis Section ~8-7, which can be given . . ORDINANCE NO, Offecii`without the invalid or unconstitutional provision or application and to this end, the provisions ofthis Section 28-7 are declared severable. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the factthat any one or more ofthe sections, subsections, sentences, clauses or phrases hereof would be declared invalid or unconstitutional, Section 3. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation printed and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 16th day of April, 1974, and adopted and ordered published at a regular meeting of said Council held on the 7th day of May, 1974, by the following vote: Ayes: Councilmen Byork, Green, Liewer, Morris, Rowe Noes: Councilmen None Absent: Councilmen None J ~ HENRY J WER Mayor C'ity of Lynwood ATTEST: \~.'cc_ti~;t!`~ : i~ v~ '~//~ c iil~C f~ .J~S~PHINE Le SHEPHERD ° City Clerk City of Lynwood - 11 - s~~1aT, o~~~~ crtz.i_r~~or,r:In ) ~s. coura~v c,i~ r,o~ ~~r•,~,.;r~~;s ) I, the und~rsi~;ned, Cit,y C:i.erk of the~ C~-ty of Lym~rood, and eT_~-~o£f~ cio clerlc of the Counci]_ of said city, do he~°F~by certi fy~ that tne abovc~ is ~~ trt~c ~nd correct cops~ of Orelit>>e~ice P?o. 966 adopte~l b~~ thc CiLy Counc:i]. of tlie City of' Lymaood; and~ t.hat same was passed on the c7ate and by the vo~e t'r~erein stai;ed. Dated tnis 8th _ day of Ma~ , 7-9~• ,f ) ~ ~.~~~>-e'_>~ ~ cl c~, ( ~Ctt,y' Clerl., City of ,ynwood \ ,