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HomeMy WebLinkAbout86-18 - Amending Chapter 5.70 of the Newport Beach Municipal Code Pertaining to NewsracksORDINANCE NO. 86 -18 AN ORDINANCE OF THE COUNCIL OF THE CITY OF • NEWPORT BEACH AMENDING CHAPTER 5.70 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO NEWSRACHS. THE COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.70 of the Newport Beach Municipal Code is amended to read as follows: SECTIONS: 5.70.010 Intent and Purpose 5.70.015 Definitions 5.70.020 Newsrack Permits 5.70.025 Requirements and Duties 5.70.030 Special Requirements - Marine Avenue 5.70.035 Costs 5.70.040 Removal of Newsracks is5.70.045 Suspension and Revocation; Appeals 5.70.050 Severability; Supplemental Provisions 5.70.010 Intent and Purpose. The City Council of the City of Newport Beach hereby finds that newsracks, stands, containers and similar newspaper vending devices have proliferated and increased in certain areas of the City of Newport Beach to the extent that in some instances they constitute a threat to public health, safety and welfare by impeding pedestrian traffic and interfering with ingress and egress to and from buildings, vehicles and public modes of transportation. The City of Newport Beach finds Marine Avenue, on Balboa Island, to be an extremely popular tourist destination with • unusually high pedestrian and vehicular traffic volumes in the summer months and holidays. There is a proliferation of newsracks along Marine Avenue on Balboa Island resulting in undue -1- interference with pedestrian and traffic circulation and increased safety hazard. Due to unique problems along Marine • Avenue on Balboa Island, it is necessary to specifically limit the number of locations and spaces for newsracks. The purpose of this Ordinance is to promote the public health, safety, and welfare through the regulation of placement, appearance, number, size, and servicing of newsracks on public rights -of -way so as to: A. Provide for pedestrian and driving safety and convenience; B. Insure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence or place of business, or from the street to the sidewalk, by persons exiting or_ entering parked or standing vehicles; C. Provide reasonable access for the use and • maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, and access to locations used for public transportation purposes; D. Reduce visual blight on the public rights -of -way, and protect the aesthetics of store window displays, public landscaping and other improvements; E. Maintain and protect the value of surrounding properties; F. Reduce exposure of the City to personal injury or property damage claims and litigation; G. Protect the right to distribute information, protected by state and federal constitution through the use of newsracks. It is not the intent of this Ordinance to in any way • discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any newspapers. -2- 5.70.015 Definitions. A. Newsracks. • Newsracks shall mean any type of self- service or coin - operated box, container, storage unit or other dispenser placed upon any public rights -of -way for the vending or free distribution of newspapers or news periodicals. B. Public Right -of -Way. Public right -of -way shall mean any public property, such as public streets, highways, roadways, sidewalks, parkways or alleys, dedicated to and intended for the use of the traveling public, whether vehicular or pedestrian, located within the City of Newport Beach. C. City Manager. City Manager shall mean the City Manager or his or her designee. 5.70.020 Newsrack Permits. A. Permit Required. A newsrack permit issued in accordance with this Chapter shall be required prior to the installation, placement or maintenance of any newsrack which in whole or in part rests upon, in or over any public right -of -way. A new newsrack permit shall not be required for any newsrack that complies with the provisions of this Chapter and has a valid permit in effect on the adoption date of this Ordinance. B. Application. A written application for a newsrack permit shall be filed with the City Manager, or his or her designee, and shall contain the following information: 1. The name, address, and telephone number of the applicant and owner of the newsrack. 2. The name, address, and telephone number of a • representative or other responsible person whom the City may notify or contact at any time concerning the applicant's newsrack. -3- 3. The number of newsracks at the street address of the proposed location of each as shown on a scaled drawing of the • proposed location. 4. A diagram of the location proposed for the installation of the newsrack(s). 5. Names of newspapers or periodicals to be contained in each newsrack. 6. Type or brand of newsrack, including description of the newsrack and mount, if other tha 100. C. Fee. Each application for be accompanied by an application fee as by the City Council. D. Issuance and Denial. Upon is in compliance with the provisions of n K -Jack Style Mount Model a newsrack permit shall established by Resolution a finding the applicant this Chapter, the City Manager shall issue a newsrack permit at a location approved by • the Traffic Engineer. If a permit is denied, the applicant shall be notified in writing of the specific cause of such denial by the City Manager and the right to appeal in accordance with Section 5.70.045 of this Chapter. E. Conditions for Approval. An application for a newsrack permit shall be approved unless: 1. The proposed newsrack projects onto, into or over any part of the roadway or public street, or which rests, wholly or in part, upon, along or over any portion of the roadway or public street; 2. The proposed newsrack is to be installed in whole or in part, in or over any sidewalk or parkway; and (a) The newsrack, in its proposed location, • would endanger the safety or persons or property; or -4- (b) The proposed location is used for public utility purposes, public transportation purposes or other public • use; or (c) The proposed newsrack would unreasonably interfere with or impede 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 present at or near said location; or (d) The proposed newsrack would interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. 5.70.025 Requirements and Duties. A. Any newsrack which, in whole or in part, rests upon, in or over any sidewalk, shall substantially comply with the following: • 1. Newsracks located near a curb shall be placed not less than eighteen (18) inches nor more than twenty -four (24) inches from the edge of the curb. Newsracks placed adjacent to the rear of the sidewalk shall be placed parallel to the wall and at least six (6) inches from the walk. 2. Newsracks shall not be chained, bolted or otherwise attached to any property without the consent of the property owner. 3. Newsracks may be attached to one another. Each group of attached newsracks shall be separated by eighteen (18) inches or more. The Traffic Engineer shall determine the number of newsracks that can be bolted, attached or grouped on a location by location basis. 4. Newsracks shall not be placed, installed, used • or maintained: a. Within fifteen (15) feet of any marked crosswalk; -5- b. Within of any unmarked crosswalk; • c. Within fire call box, police call d. Within e. Within twenty (20) feet of the curb return ten (10) feet of any fire hydrant, box or other emergency facility; ten (10) feet of any driveway; ten (10) feet ahead, and forty (40) feet to the rear of any sign marking a designated bus stop; f. Within ten (10) feet of any bus bench; g. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four (4) feet; h. Within one hundred (100) feet of another newsrack containing the same newspaper or news periodical except where separated by a street or corner, or except where (1) a newspaper demonstrates that there is insufficient room in one machine for the newspapers which may be sold in one day, or (2) • where a newspaper demonstrates that it publishes more than one edition of the newspaper for sale at the same time; i. Facing another newsrack, divided only by the width of a public sidewalk or public pedestrian walk. B. The name, address, and telephone number of a responsible person who may be contacted at any time concerning the newsrack shall be displayed on the hood of a newsrack in such manner as to be readily visible to and readable by a prospective customer. C. Newsracks shall carry no advertising except: 1. The name of the newspaper or periodical being dispensed on the bottom one -third (1/3) of the plastic hood; and 2. Advertising rack cards contained in card pans which are attached to and located on the front of the newsrack isand do not exceed fifteen (15) inches in height and twenty -two (22) inches in length. The rack cards shall be limited to the -6- display, sale or purchase of the newspaper or periodical being dispensed. • D. Newsracks shall be kept clean and maintained in good working order at all times, freshly painted and with unbroken hoods. E. Frames and racks for newsracks shall be K -Jack Style Mounts Model 100 or approved equal with a height not to exceed forty (40) inches. Mounts shall be bolted in place in accordance with specifications provided by the City. F. Newsracks shall have woodgrain panels or be painted brown on all sides and the mount shall be painted gloss black. G. No person, association, firm or corporation shall place, locate or maintain a newsrack on the public right -of -way unless there is on file with the City Manager, or his or her designee, in full force and effect at all times, a document issued by an insurance company authorized to do business in the • State of California evidencing that the permittee or owner is insured under a liability insurance policy providing minimum coverage of $500,000 for injury or death to one person arising out of the location, placement or operation of the newsrack on the public right -of -way. H. Every permittee of a newsrack located upon the public right -of -way must comply with the provisions of Newport Beach Municipal Code, Business Licenses and Regulations, Section 5.04.020. Newsracks are exempted from any applicable annual fee required under Newport Beach Municipal Code Section 5.08.040. 5.70.030. Special Requirements for Newsracks along Marine Avenue on Balboa Island. In addition to all other applicable rules under the provisions of this Chapter, the following rules shall apply to • newracks along Marine Avenue on Balboa Island: -7- A. Newsracks shall be permitted at only four (4) locations: 201 Marine Avenue (Location One); 206 Marine Avenue • (Location Two); 300 Marine Avenue (Location Three); and northern 25% of 301 Marine Avenue and 305 Marine Avenue (Location Four.) B. Each location shall accommodate up to a maximum of eight (8) newsrack spaces. The eight (8) newsrack spaces shall be divided into two (2) groups with a maximum of four (4) newsrack spaces in each group. Each group shall be separated by forty -eight (48) inches or more. Newsrack space is defined as that surface area in the public right -of -way sufficient to accommodate a newspaper rack. C. In the event that the newsracks proposed to be placed at any one location violate the provisions of Sections 5.70.020 (E) or 5.70.030 (A), (B), priority shall be given as follows: 1. Within ninety (90) days after the adoption of • this Ordinance: (a) First priority shall be given to vending machines used for the sale of daily publications (those published on five (5) or more days in a calendar week) of general circulation in Orange County that otherwise comply with the provisions of this Chapter. (b) Second priority shall be given to vending machines used for sale of weekly publications (those published on at least one (1) day, but less than five (5) days in a calendar week) of general circulation in Orange County that otherwise comply with the provisions of this Chapter. (c) Third priority shall be given to vending machines used for sale of daily publications (those published on. five (5) or more days in a calendar week) not of general • circulation in Orange County that otherwise comply with the provisions of this Chapter. -8- W Fourth priority shall be given to vending machines used for the sale of weekly publications (those • published on at least one (1) day, but less than five (5) days in a calendar week) not of general circulation in Orange County that otherwise comply with the provisions of this Chapter. (e) Fifth priority shall be given to all other vending machines on the basis of first -come, first - served. In the event that an applicant disagrees with the City's priority category for the such publication, it shall have the right to appeal in accordance with Section 5.70.045 of the Chapter. 2. Commencing ninety (90) days after the adoption date of this Ordinance, priority shall be given on a first -come, first - served basis. 5.70.035. Costs. The costs of installation, maintenance, replacement, • removal, and relocation of newsracks shall be at the sole expense of the permittee or owner. Upon removal of any newsrack, the permittee or owner shall, at his or her sole expense, cause the public right -of -way to be repaired to a condition in conformity to be surrounding area. Upon failure of the permittee or owner to make such repairs, the work may be done by the City and charged to the permittee or owner. 5.70.040. Removal of Newsracks. A. Commencing ninety (90) days after the adoption date of this Ordinance, any newsrack in violation of any provision of this Ordinance will be deemed nonconforming. B. In the event that the City Manager determines that a newsrack does not comply with the provisions of this Chapter, he or she shall provide written notice of such determination to the • permittee or owner. The notice shall specify the nature of the violation, the location of the newsrack which is in violation, the intent of the City Manager to remove the nonconforming ME newsrack in the event a hearing is not requested, and the right of the permittee to request a hearing, before the City Manager, • within fifteen (15) days from the date of the notice. If the newsrack is one which has not been authorized by the City Manager and ownership is not known, nor apparent after inspection, a notice complying with this section shall be affixed to the newsrack. C. In the event that a hearing is held pursuant to this section, the City Manager shall render a decision, in writing, within ten (10) days from the date of the hearing, and the decision shall advise the permittee or owner of his or her right to appeal to the City Council, pursuant to the provisions of Section 5.70.045. Notice of the decision shall be mailed to the permittee or owner and shall be considered effective on the date mailed provided that the notice is properly addressed and placed in the U.S. Mail with first -class postage prepaid. • D. The City Manager may take possession of a newsrack and, upon the expiration of thirty (30) days, dispose of the newsrack as required by law, if: 1. No hearing is requested by the permittee or owner within fifteen (15) days as provided in 5.70.040(B); or 2. The appeal period specified in Section 5.70.045 has expired; or 3. In the event that an owner or permittee fails to remove the rack within ten (10) days from the date of the decision of the City Council, that the newsrack is not in compliance with the rules, regulations and standards established by this Chapter. 5.70.045. Suspension and Revocation; Appeals. The City Council shall have the power to hear and decide appeals based upon the enforcement or interpretation of the provision of this Chapter. Any permittee or owner who is aggrieved by any decision of the City Manager may appeal that -10- decision by submitting a written notice of appeal to the City Clerk within twenty -one (21) days of the date on which notice of • the decision was mailed. The City Council may preside over the hearing on appeal or may designate a hearing officer to take evidence and submit a proposed decision together with findings, within fifteen (15) days from the date of the hearing. The City Council shall, within thirty (30) days from the date of the hearing, render its decision on the appeal, together with findings. The decision of the City Council shall be final. 5.70.050. Severability; Supplemental Provisions. If any provision of this Chapter as herein enacted or hereafter amended, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the other provisions or applications of this Chapter (or any section or portion of section hereof) which can be given effect without the invalid provision or application, and to this end the • provisions of this Chapter are, and are intended to be severable. The provisions of this Chapter are intended to augment and be in addition to other provisions of the Municipal Code. • Whenever the provisions of this Chapter impose a greater restriction upon persons, premises, or practices than is imposed by other provisions of this Municipal Code, the provisions of this Chapter shall control. SECTION 2. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. The Ordinance shall become effective thirty (30) days from its adoption. -11- This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the • 9th day of June 1986, and was adopted on the 23rd day of June , 1986, by the following vote, to wit: ATTEST: r City Clerk AYES, COUNCILMEMBERS Agee, Cox, Hart, Heather, Maurer, Plummer, Strauss NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS -12-