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
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—4— 8/4/76