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Home My Public Portal About04 Newsracks within Streetscape Improvement Program I I I Qj, TOWN OF TRUCKEE California ORDINANCE NO. 2008- 04 AN ORDINANCE OF THE TOWN OF TRUCKEE REGARDING THE PLACEMENT AND USE OF NEWSRACKS WITHIN THE DOWNTOWN STREETSCAPE IMPROVEMENT PROGRAM AREA (COMMERCIAL ROW AREA AND VICINITY) AMENDING THE TRUCKEE MUNICIPAL CODE, TITLE 13 The Truckee Town Council does hereby ordain as follows: Chapter 13.04 is herby added to the Truckee Municipal Code to read as follows: Section 13.04.010 Recitals A. The Truckee Downtown is locally designated as an historic area and application for a National Register of Historic Places District is pending. B. The Downtown Truckee Specific Plan states that "In the Commercial Row area, certain features such as the sidewalks and historic sidewalk lights, contribute to a sense of visual continuity . . . However, there is a need for greater design consistency in street furniture. . . and other streetscape elements." C. Newsracks are a part of that street furniture of the Truckee Downtown and, as such, are subject to regulation in accordance with the Town policies established to protect and enhance the District. D. Newsracks are also a valuable means of distributing news and information and are therefore entitled to the deference required by law for activities which implicate the free speech provisions of the United States and California Constitution. E. However, unless reasonably regulated as to the time, place, and manner of their use newsracks can be an intrusion on public and private property, obstruct pedestrian access to streets and sidewalks, district motorists and pedestrians, and constitute visual blight. F. In enacting this ordinance it is the Town Council's express intent to provide mechanisms and opportunities for the use and operation of newsracks without regard to the content they contain within the Truckee Downtown while protecting its historic and aesthetic character through reasonable time, place, and manner regulations on newsrack operation and use. G. A specific area, known as the Downtown Streetscape Improvement Program Area, within the Truckee Downtown shall be defined from time to time by Council resolution. Such resolution shall contain the authorized locations for the placement of newsracks within the area. The current Resolution is attached hereto as Exhibit A. H. For purposes of this chapter and its implementing resolution(s), the following definitions shall apply: "Newsrack" means a separate structure in one location erected by the Town or its designee (or erected by a permitee on private property) and firmly affixed to the ground with compartments which serve four (4), six (6) or eight (8) separate news boxes, and is designed to hold newspapers and other publications and protect them from the elements. "News Box" means one (1) space in a newsrack designed to hold newspapers or other' publications and protect them from the elements, which materials passers-by may obtain by opening a door, whether after depositing money in a device which unlocks the door, or without payment by Ordinance 2008-04 Page 2 the customer, depending on the marketing of the publication. Section 13.04.020. Newsrack Regulations - Public Property. I I As of July 6, 2008, the Town of Truckee or its designee under a master encroachment permit will hold the exclusive right to place newsracks on public property in the' Downtown Streetscape Improvement Program Area. The newsracks shall meet design standards approved by the Community Development Director of the Town of Truckee. On or after July 6, 2008 no person, organization, or entity shall operate, use, place, or maintain any newsrack or news box on public property within the Downtown Streetscape Improvement Program Area unless first obtaining a permit from the Town of Truckee or its designee to do so. The Town of Truckee, or its designee, will be responsible for permitting the use of individual news boxes to persons, organizations or entities. The number .of news boxes and/or actual publication capacity available shall be and remain the same or greater as the number on public property within the Truckee Downtown as of June 16, 2008. No permit shall be denied or conditioned on the basis of the content to be displayed. News box permits shall be granted for a one (1) year period, but may be earlier terminated if written notice is given of a violation or violations of the permit which is (are) not cured within a reasonable time thereafter or this ordinance is repealed. Permits shall be available on a first-come, first-served basis. The terms and conditions of news box permits shall be established from time to time by the Town or its designee but shall regulate only the design, time, place, and manner of news box use. A "I fee for news box use shall be established equal to the actual and reasonable cost of the maintenance, administration and replacement cost of the news box and newsrack. The following standards shall apply to any newsrack installed: (1) No person shall install, use or maintain any newsrack 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 unreasonably 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, or when such news rack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. (2) No newsrack shall exceed 54 inches in height, 101 inches in width, or 21 inches in depth. (3) Newsracks shall only be placed near a curb, adjacent to the wall of a building, or near the back of sidewalks where no buildings exist. Newsracks placed near the curb shall be placed no less than eighteen inches nor more than thirty six 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 inches from the wall. Newsracks placed near the back of sidewalks shall be placed no less than six inches nor more than eighteen inches from the back of the sidewalk. All newsracks shall be placed so as to maintain the width of travelled way required I by the Americans with Disabilities Act or similar state law. (4) No newsrack shall be chained, bolted or otherwise attached to any property not I I I Ordinance 2008-04 Page 3 (5) owned by the owner of the newsrack or to any permanently fixed object, unless permission is granted by the property owner through a license agreement. No newsrack shall be placed less than six inches from any area improved with lawn, flowers, shrubs or trees or within three 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. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold herein. Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times. The Executive Director of the Redevelopment Agency, or designee, is authorized to grant exceptions to Items 1-7 above where strict compliance with those provisions is not necessary to achieve the purpose and intent of this ordinance. (6) (7) (8) Section 13.04.030. Newsrack Regulations - Private Property. The Town may place and maintain a newsrack on private property only upon entering into a voluntary license agreement with the owner of such private property. Newsracks installed by the private sector shall be allowed on private property within the Downtown Streetscape Improvement Program Area only after obtaining a permit from the Town for placement and use of such newsrack(s) on private property in accordance with the standards set forth below. Any new newsrack(s) installed on private property shall meet the same design and placement standards required of news racks on public property as set forth in Section 13.04.020. All proposed newsrack locations shall receive final approval from the Town Planner. Every person that places or maintains a newsrack on private property shall have his/her name, address, and telephone number affixed thereto in a place where such information may be easily seen. Summary Publication and PostinQ. Within fifteen (15) days after final adoption of this Ordinance, the Town Clerk shall have the ordinance published as required. * * * * * * The foregoing Ordinance was introduced at a regular meeting of the Town Council of the Town of Truckee held on the 15th day of May, 2008, and adopted at a regular meeting of the Town Council of the Town of Truckee, on the 5th day of June, 2008, by Council Member Susman, who moved its introduction, which motion was seconded by Council Member Anderson, was upon roll call carried by the following vote: AYES: Council Member Anderson, Council Member Dee, Council Member Susman, and Vice Mayor Brown. None Mayor Green. NOES: ABSENT: Ordinance 2008-04 Page 4 TOWN OF TRUCKEE I /3t?4Mk ~ Barbara Green, Mayor ATTEST: APPROVED AS TO FORM: e~~h- J. I I