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HomeMy WebLinkAbout1615 ORDINANCE NO. 1615 AN ORDINANCE OF THE CITY OF ARCADIA AMEND- ING SECTION 6439 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO UNATTENDED NEWSPAPER RACKS THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6439 of the Arcadia Municipal Code is hereby amended to read as follows: "6439. Unattended Newspaper Racks. The vending of news- papers from an unattended coin-operated vending machine, here- after referred to as a news rack, placed on a public sidewalk, shall be permitted in accordance with the regulations of this section: (1) No person shall install or maintain a news rack or mount therefor without first obtaining a permit from the Busi- ness License Officer and without complying with the regulations of this section. (2) An applicant for a permit shall file with the Busi- ness License Officer an application which shall contain: (a) The name, address and telephone number of the person who owns the business of placing and maintaining the news racks and mounts. (b) The signature of the owner of the business. (c) The location of each news rack and mount to be placed and maintained. (d) The name of the newspaper to be sold from the news rack. (e) Plans showing the proposed position of news- racks and pedestals at a given location. (3) The Business License Officer shall issue a permit to any applicant who complies with the regulations of this section. -1- 1615 (4) 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 permit applica- tion within ten (10) days after such change takes place. (5) The permittee shall maintain public liability in- surance covering personal injury and property damages arising out of the use, ownership and maintenance of the news racks in the amount of $300,000.00 single limit per occurrence with the City of Arcadia named as an additional insured in a form and with content approved by the City Attorney. Evidence of insur- ance shall be filed with the City Attorney before the permit is issued. The insurance shall provide that cancellation shall be effective only after twenty (20) days' written notice thereof delivered to the Business License Officer of City. (6) News racks shall not be placed: (a) Within three (3) feet of any marked crosswalk. (b) Within fifteen (15) feet of the curb return of any unmarked crosswalk. (c) Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility. (d) Within five (5) feet of any driveway. (e) Within five (5) feet ahead of and twenty-five (25) feet to the rear of any sign marking a designated bus stop. (f) Within six (6) feet of any bus bench. (g) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6) feet. (h) Within three (3) feet of any area improved with lawn, flowers, shrubs or trees or within three (3) feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes. (7) News racks shall be so placed and maintained that they do not: (a) Endanger the safety of persons or property. (b) Interfere with any governmental use of the sidewalk. -2_ 1615 (c) Unreasonably interfere with pedestrians, in- cluding persons leaving and entering motor vehicles. (d) Interfere with the ingress or egress of private property. (e) Interfere with the use of mailboxes or traffic signals. (8) A news rack may be placed and maintained at a location selected by the applicant, provided it complies with the provisions hereof. A location as used herein means thirty (30) feet of public sidewalk. (a) The thirty (30) feet may be linear in form in which it will parallel the length of the adjacent curb, or (b) Form an L-shaped grouping where such a group- ing may be deemed necessary by the Business License Officer. (c) A location shall contain one or more lawfully maintained news racks, but not more than can be placed and maintained in accordance with the regulations of this section. (d) A location shall be one hundred (100) feet or more from another location except that said one hundred feet shall not be measured across a street, other than an alley. (9) No news rack shall exceed four (4) feet in height, thirty (30) inches in width or two (2) feet in thickness. (10) News racks shall be placed adjacent and parallel to the wall of a building and not less than six (6) inches nor more than eighteen (18) inches from the wall, unless the Business License Officer determines that placement near a building is not otherwise in conformance with the regulations of this section, in which case he may authorize placement near a curb if such place- ment would be otherwise in conformance with the regulations of this section. News racks placed near the curb must be placed parallel to and no less than eighteen (18) inches nor more than twenty-four (24) inches from the edge of the curb. No news rack shall be placed or maintained on the sidewalk opposite another news rack. -3- 1615 (11) News rack mounts shall be bolted in place in accor- dance with specifications provided by the Public Works Department. (12) No news rack shall be used for advertising signs or publicity purposes other than that dealing with display, sale or purchase of the newspaper sold therein. There shall be no advertising on wood grain panels. (13) Each news rack and mount shall be maintained in a clean, neat and attractive condition and in good repair at all times. (14) News racks or mounts not conforming to thirteen (13) above, may be cleaned or repaired by order of the Business License Officer and the owner required to reimburse the City the actual cost of repair or cleaning if within ten (10) days after notice is mailed to the permittee to clean or repair, the permittee has failed to do so. Any permittee receiving such notice may, within said ten (10) day period, request in writing an informal hearing before the Business License Officer, the date, place and time of which shall be set by the Business License Officer. (15) Each news rack shall display, in an easily readable manner, the current name and current telephone number of the permittee. (16) The Business License Officer will have supervision over the placement, maintenance and removal of all publication vending machines on public sidewalks in the City of Arcadia. (17) By January 1, 1978, each news rack shall be mounted on a separate pedestal conforming to the physical specifications kept on file by the Business License Office in the Finance Depart- ment, except those news racks presently legally existing on the sidewalks in conformance with subsection (24) herein which have modular mounts need not conform with the pedestal mount require- ment of this subsection until December 1, 1978. (18) News racks shall have wood grain panels and the mount shall be painted gloss black. (19) All news racks on a tray mount must be of the same type. -4- 1615 (20) Each vendor may have no more than two machines in anyone location; in some instances, depending upon space avail- able, the vendor may be limited to a single installation. (21) The vendors shall pay the cost of the news racks and mounts and the cost of their installation. (22) In the event a vendor desires to no longer vend in a specific location, seven days' notification must be given to the Business License Officer prior to removal of the news rack or mount. (23) The Business License Officer censed vendors for requests to fill vacant tion will be made by lottery. (24) Each news rack shall conform to the physical speci- fications kept on file by the Business License Officer in the Finance Department by January 1, 1978. (25) Vendors will choose among themselves the contractor they wish to install the pedestals and news racks in conformance to this section. (26) All news racks and mounts that do not comply with this section shall be moved to comply or removed from the public sidewalk (27) The installing contractor will be responsible for the collection of the fees. If the installing contractor is unable to reach a satiSfactory arrangement with a vendor for the installation of the pedestal, the contractor may eliminate that vendor from the location. (28) Any news racks installed, used or maintained in violation of the provisions of this Section may be removed and stored in any convenient place by any officer of the City. Seven days prior to removal, written notice of the violation shall be given by attached notice of violation to the news rack and mailed to the permittee's address on file with the Business License Officer. Any person may request in writing within said seven- day period an informal hearing before the Business License Officer at a time, date and place to be specified by the Business License Officer. If the violation is not corrected during the seven (7) may solicit positions. other li- The selec- -5- 1615 day period, the rack shall be removed, held as evidence or disposed of as unclaimed property in possession of the Police Department. The City Manager shall cause inspection to be made of any news rack reinstalled after removal under this subdivision. The permittee of said news rack shall be charged a ten dollar ($10.00) inspection fee for each news rack so inspected. (29) In the event that any news rack is abandoned or is not serviced with the publication it is designed to disseminate for a period of over seven (7) days, the City may remove same pursuant to the procedure set out in subdivision (28). Abandon- ment shall include but is not limited to circumstances where no publication is in the rack for a period of over seven (7) days." SECTION 2. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 3. In addition to the penalties provided in the preceding Section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. -6- 1615 SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the vali- dity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force . and effect. SECTION 6. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Arcadia at its regular meeting held on the 1st day of November, 1977. SIGNED AND APPROVED this 1st day of November , 1977. - '/. ,- Mayo A~ . ,~/ \~ (I ~~~t1~ Ci tr C}-:e-:rk--- - . : ~ , .:::::.- ~-. -7- 1615 I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 1st day of November , 1977, by the affirmative vote of at least three Council members, to wit: AYES: Council Members Gilb, Lauber, Margett, Parry and Saelid None NOES: ABSENT: None -8- 1615