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HomeMy WebLinkAbout1684 - Newspaper Racks & StandsORDINANCE NO. 1684 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.60 TO TITLE 5 OF THE • NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE REGULATION OF NEWSPAPER RACKS AND STANDS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 5.60 is added to the Newport Beach Municipal Code to read: a Sections: "CHAPTER 5.60 NEWSPAPER RACKS AND STANDS 5.60.010 5.60.020 5.60.030 5.60.040 • 5.60.050 5.60.060 5.60.070 5.60.080 Intent and Purpose. Authorization Required. Rules. Resolution of City Council. Finding By Chief of Police. Appeal. Maintenance. Removal. 5.60.010 Intent and Purpose. The City Council of the City of Newport Beach hereby finds and declares that newspaper racks, stands, containers and similar news- . paper vending devices have proliferated and increased in the.,City of.Newport Beach to the extent.that in many instances they constitute unsightly hazards and 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 purpose of this ordinance is to improve safety and aesthetics by controlling the number, size, construction, ,• placement and appearance of newspaper vending devices without restricting the free dispersal of information guaranteed by the Constitution. • • 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. 5.60.020 Authorization Required. As a condition precedent to installing, placing or maintaining any newspaper rack, stand, container or similar newspaper vending device upon any sidewalk, street, parkway or any other public property or right -of -way, authorization shall first be obtained from the Police Department without charge to the person seeking such authorization.. 5.60.030 Rules. The Chief of Police is hereby authorized and directed to promulgate rules, regulations and standards governing the installation, number, location and type of newspaper racks and stands permitted within the City. As guidelines to be followed in promulgating said standards, the Chief of Police shall consider requiring a type of permanent metal newspaper vending unit and shall take into consideration in locating said racks, the distances between buildings, curbs, sidewalks, or other structures in order to provide adequate safety for pedestrians and motorists. In addition, said standards shall include a time schedule within which all newspapers will be required to comply with these rules and regulations in the City of Newport Beach. 5.60.040 Resolution of City Council. The standards, rules and regulations promulgated by the Chief of Police will not be effective until adopted by resolution of the City Council. 5.60.050 Finding By Chief of "Police. Upon a finding by the Chief of Police that the newspaper distributor has complied with the newspaper rack standards, he shall authorize the installation as provided by Section 5.60.020. -2- 5.60.060 Appeal. The City Council shall have the • power to hear and decide appeals based on the enforcement or interpretation of the rules and regulations as promulgated by the Chief of Police and approved by Council Resolution. Any newspaper publisher or distributor may in writing within twenty -one (21) days appeal a decision of the Chief of Police relating to.the newspaper rules and regulations to the City Council. 5.60.070 Maintenance. Newspaper.racks and stands b shall be maintained in a clean, neat and attractive condition and in good repair at all times. 5.60.080 Removal. Any newspaper rack or stand installed, used or maintained in violation of the provisions of this Chapter or the rules, regulations or standards promulgated hereunder may be removed by any police officer • and stored in the Police Department property room. The Police Department shall take reasonable steps to notify the owner of the newspaper rack or racks of the removal. Upon failure of the owner to claim such newsrack or newsracks within thirty (30) days after such removal, such newsrack or racks shall be deemed to be unclaimed property in possession of the Police Department.and may be disposed of pursuant to law. SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of • the City Council of the City of Newport Beach held on the 24th day of -3- 1976„ and was adopted on the 11th day of April , 1979, by the following vote, to wit: AYES, COUNCILMEN:Dostal, Barrett, Kuehn, McInnis, Rogers, Ryckoff, Williams NOES, COUNCILMEN: None ABSENT COUNCILMEN: None yor ATTEST: • City Clerk CERTIFIED AS THE OP.IGINAL AND CERTIFIED AS TO PU.)LICATICIN APR 1 1977 DATE ............. !. 4 .._... —._ - cliff ELERK OF THE lori--:V: C'.T NCH • DDO /bc —4— 8/4/76