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HomeMy WebLinkAbout83-25 - Newspaper Racks & StandsRESOLUTION NO. 83 -25 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING REVISIONS TO THE RULES & REGULATIONS PROMULGATED BY THE CHIEF OF POLICE REGARDING NEWSPAPER RACKS & STANDS WHEREAS, the City Council of the City of Newport Beach has empowered the Chief of Police to promulgate standards, rules and regulations relative to the installation, number, location and type of newspaper racks and stands permitted within the City of Newport Beach; and WHEREAS, the Chief of Police has recently revised the standards, rules and regulations relative to newspaper racks and stands and a copy of the revised rules and regulations is attached to this Resolution as Exhibit "A "; and WHEREAS, the City Council of the City of Newport Beach has reviewed those standards, rules and regulations and has found that the revised rules and regulations further the public interest in that: 1. The requirement that newspaper racks and stands be dark brown woodgrain and uniform in appearance, eliminates the hazards to motorists and pedestrians posed by racks which may be colored or painted in such a manner that diverts the attention of motorists or pedestrians, which inattention could result in serious accidents; and 2. The requirement of uniform appearance will enable the Police Department to more easily enforce rules and regulations relative to newspaper racks and stands; and 3. The requirement of uniform appearance will promote the . aesthetics of the public streets and sidewalks maintained by the City of Newport Beach; and • 40 WHEREAS, the City Council of the City of Newport Beach has determined that the revised standards, rules and regulations promulgated by the Chief of Police do not unduly discriminate against, regulate, or interfere with the publication, circulation, distribution or dissemination of any newspapers; and WHEREAS, the City Council of the City of Newport Beach has found that the proposed standards, rules and regulations are fair and equitable and are the most restrictive means available to accomplish the public purposes sought to be achieved; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that pursuant to the provisions of Section 5.70.040 of the Newport Beach Municipal Code, the City Council of the City of Newport Beach hereby approves and adopts the standards, rules and regulations promulgated by the Chief of Police for the installation, number, location and type of newspaper racks and stands permitted within the City of Newport Beach, all as set forth in Exhibit "A" to this Resolution.. ATTEST: C -ity. Clerk RSP /News ADOPTED this 28th day of February , 1983. 2 • CITY OF NEWPORT BEACH POLICE DEPARTMENT January 28, 1983 TO: Whom It May Concern FROM: Chief of Police SUBJECT: RULES AND REGULATIONS /NEWSPAPER RACKS Section 5.70.030 of the ordinance adding Chapter 5.70 to the Municipal Code pertaining to the regulation of newspaper racks provides that rules, regula- tions, and standards be promulgated by the Chief of Police. Additionally,. the Chief of Police, upon a finding that the newspaper distributor has com- plied with these rules and regulations, shall grant authorization as provided by the ordinance. This is to establish said rules, regulations, and standards, as well as a procedure for newspaper distributors to obtain authorization in compliance with the ordinance. The type of newspaper rack, stand, container or similar newspaper vending device to be installed upon any sidewalk, street, parkway, or any other public property or right -of -way shall be similar in design and appearance, but not limited to, the K -Jack Model 100 mini -view in wood grain only, with the permanent style mount, and shall be bolted permanently in place with Hilti or similar type bolts. Piggy -back type racks which are similar in appearance to the above mentioned rack may be acceptable under some circumstances. The type of rack and location of the installation shall be approved by the Chief of Police prior to any such installation in order to provide adequate safety for pedestrians and motorists. In order to ensure esthetic value to the community, racks shall be maintained in good condition at all times. Advertisement of any type is prohibited with the exception of the name of the publication being dispensed, which may be displayed on the clear front door panel only. Newspaper distributors shall make application to the Police Department on a form provided by the Police Department for each installation. The application shall contain such information as may be deemed necessary by the Chief of Police, including but not limited to, the location and type of newspaper rack or racks to be installed. Upon a finding by the Chief of Police that the newspaper distributor has complied with the rules and regulations, he shall grant authorization for installation of said newspaper racks. The standards, rules, and regulations promulgated by the Chief of Police will become effective thirty (30) days after adoption by resolution of the City Council. • ; � if l j ,( � �t ��- Charles R. Gross Chief of Police EXHIBIT A