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Home My WebLink About1488 ORDINANCE NO. 1488 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING REGULATIONS FOR NEWSPAPER RACKS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Division 8 is hereby added to Part 3, Chapter 4, Article VI of the Arcadia Municipal Code to read as follows: "ARTICLE VI. CHAPTER 4, PART 3. DIVISION 8. BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS SPECIAL REGULATIONS COMMERCIAL ENTERPRISES SIDEWALK VENDING MACHINES 6438. COMMERCIAL USE OF SIDEWALK. Except as otherwise expressly provided in the Arcadia Municipal Code, no person shall conduct any commercial activity on a public street, sidewalk or parkway. 6439. UNATTENDED NEWSPAPER RACKS. The vending of newspapers from an unattended coin-operated vending machine, hereafter 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 without first obtaining a permit from the City Manager and without complying with the regulations of this Section, 2. An applicant for a permit shall file with the City Manager 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. b. The signature of the owner of the business. c. The location of each rack to be placed and maintained. d. The name of the newspaper to be sold from. the news rack. -1- 1488 3. The City Manager shall issue a permit to any applicant who complies with the regulations of this Section. 4. The permittee shall maintain public liability insurance 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. Evidence of insurance shall be filed with the City before the permit is issued. The insurance shall provide that cancellation shall be effective only after ten (10) days written notice thereof delivered to the City, 5. News racks shall not be placed: a. Within three feet (3') of any marked crosswalk. b. Within fifteen feet (15') of the curb return of any unmarked crosswalk. c. Within five feet (5') of any fire hydrant, fire call box, police call box or other'emergency facility. d. Within five feet (5') of any driveway. e. Within five feet (5') ahead of, and twenty-five feet (25') to the rear of, any sign marking a designated bus stop. f. Within six feet (6') of any bus bench. g. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (6'). h. Within three feet (3') of any area improved with lawn, . flowers, shrubs or trees or within three feet (3') 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. 6. 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. c, Unreasonably interfere with pedestrians, including persons leaving and entering motor vehicles. -2- 1488 d. Interfere with the ingress or egress of private property. e. Interfere with the use of mailboxes or traffic signals. 7. 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 twenty (20) linear feet of sidewalk measured parallel with the length of the adjacent curb and which contains one (1) or more lawfully maintained news racks, but not more than can be placed and maintained in accordance with the regulations of this Section, A location shall be fifty feet (50') or more from another location. 8. Priority at any particular location, if necessary, shall be given on a one-rack-to-a-newspaper basis and then to newspapers which carry current news of a general character published daily, then to such newspapers which are published semi-weekly, then weekly, and then to others. 9. No news rack shall exceed five feet (5') in height, thirty inches (30") in width or two feet (2') in . thickness. 10. News racks shall be placed only near a curb or adjacent to the wall of abuilding. News racks placed near the curb shall be placed no less than eighteen inches (18") nor more than twenty-four inches (24") from the edge of the curb. News racks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches (6") from the wall. No news rack shall be placed or maintained on the sidewalk opposite another news rack. ' 11. No news rack shall be chained, bolted or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object. 12. News racks owned by a permittee may be chained or otherwise attached to one another, provided that no more than three (3) news racks may be attached in this manner. A space of no less than eighteen inches (18") shall separate any group of three (3) news racks whether or not they are attached to each other. 13. No news rack or group of attached news racks allowed under subdivision 12 hereof shall weigh, in the aggregate, in excess of one hundred twenty-five (125) pounds when empty. 14. No news rack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper sold therein. -3- 1488 15. Each news rack shall be maintained in a clean, neat and attractive condition and in good repair at all times. 16. The design and color of news racks and the adver- tising thereon shall comply with reasonable regulations promulgated by the City Manager to promote an attractive appearance. 17, Each news rack shall display in an easily readable manner the name and current address and telephone number of the permittee. 18. Any news rack installed, used or maintained in viola- tion of the provisions of this Section may be removed and stored in any convenient place by any officer of the City. Prior to removal, five (5) days written notice of the violation shall be given by attaching a notice of violation to the news rack. If the violation is not corrected during the five (5) day period, the rack shall be removed, held and 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 $10.00 inspection fee for each news rack so inspected. 19. 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 18. Abandonment shall include, but is not limited to, circumstances where no publication is in the rack for aperiod of over seven (7) days." SECTION 2. Severability: If any section, subsection, sentence, clause, or phrase 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 validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that anyone or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the adoption of this ordinance. -4- 1488 I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 4th day of September , 1973, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Butterworth, Hage, Helms, Scott and Arth NOES: None ABSENT: None SIGNED AND APPROVED this 4th day of September, 1973. (!,/P~ ~ Mayor of the City of Arcadia ATTEST: ~ (SEAL) .,'/ -:.,.. ~ -....-.. -::>.~' - " ....... . - "" . - . --- <' .:,:;::.::-' - , '. ,---. .:::;::;<. ~ ~~'-'" -- . ... :;::::::-_- - '. -5- 1488