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
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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.
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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.
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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
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(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;
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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
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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:
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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.
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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
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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.
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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
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