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.
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(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.
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(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.
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(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.
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(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-
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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.
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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.
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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
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