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ORDINANCE NO. l820
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING
SECTION 6439 OF THE ARCADIA MUNICIPAL CODE
REGARDING NEWSRACKS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Sections 6439 (1), (2), (3), (4), (5) and
(29) are hereby amended to read as follows:
(1) No person shall install, place or maintain a newsrack
on any public property without first notifying the City of its
intent to do so. Such notification shall be in writing, shall be
filed with the Business License Officer, and shall contain the
following information:
(a) Location of each newsrack to be installed or
maintained in the City by the applicant;
(b) The name, address and telephone number of the
owner of the newsrack and the name and address of the person to
whom notice of any violation of this Division or notice of
relocation or removal should be given.
(2) The permittee shall notify the Business License Officer
in writing of any change in the name, status, telephone number or
address of permittee as shown in the notification within ten (10)
days after such change takes place.
(3) The permittee shall maintain public liability insurance
covering personal injury and property damage arising out of the
use, ownership and maintenance of the newsracks in the amount of
$300,000 single limit per occurrence with the City of Arcadia
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named as an additional insured in a form and content approved by
the City Attorney. The insurance shall provide that cancellation
shall be effective only after twenty (20) days written notice
thereof delivered to the Business License Officer of said City.
(4) Notices required pursuant to the provisions of this
chapter shall be given by personal service, or by United States
postal service, postage pre-paid, addressed to the person to be
notified at the last known address, and deposited in the course
of transmission of the United States postal service. The giving
of notice under this chapter shall be deemed to have occurred as
of the date and hour of personal service, or as of the date of
deposit of the written notice in the United States mail.
(5) The owner of any newsrack which is impounded by the
Business License Officer or his designated representative
pursuant to this chapter who fails to recover the machine and the
time permitted pursuant to provisions of this Division, shall be
deemed to have abandoned the same and such newsracks shall be
deposited in the time and manner prescribed by law for abandoned
personal property.
(29) In the event that any newsrack is abandoned (i.e. is
not utilized to dispense publications for a period of over
fifteen (15) days), the City may remove same pursuant to the
procedures set out in Subsection 28. Abandonment shall include
but is not limited to circumstances where no publication is in
the rack for a period of fifteen (15) days unless good cause is
shown to the Business License Officer as to the reason for
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nonutilization of the newsrack and it is demonstrated that the
rack will be put back into active use within a reasonable period
of time.
SECTION 2. The City Clerk shall certify to the adoption of
the Ordinance and shall cause a copy of the same to be published
in the official newspaper of said City within fifteen (15) days
of the adoption hereof.
Passed, approved and adopted this 1st day of October, 1985.
ATTEST:
~;W~
city Clerk 0 the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS:
CITY OF ARCADIA )
I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia,
hereby certify that the foregoing Ordinance No. 1820 was passed
and adopted by the City Council of the City of Arcadia, signed by
the Mayor and attested to by the City Clerk at a regular meeting
of said Council held on the 1st
day of October
, 1985,
and that said Ordinance was adopted by the following vote, to
wit:
AYES: Councilman Gilb, Hannah, Lojeski, Young and Pellegrino.
NOES: None
ABSENT: None
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