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HomeMy WebLinkAboutORD 122 1990 0207ORDINANCE NO. 122 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 14.16 RELATIVE TO NEWSRACKS THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark hereby finds that newsracks have proliferated and increased in certain areas of the City to the extent that in some instances they can 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 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 the 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 place of business or from the street to the sidewalk; C. Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes, and similar appurtenances, and access to locations used for public transportation purposes; D. Reduce visual blight on the public rights -of- way, protect the aesthetics and value of surrounding properties, and protect the quiet of residential areas; E. Reduce exposure of the City to personal injury or property damage claims and litigation; F. Protect the right to distribute information, protected by the State and federal constitution through the use of newsracks. . CJK /ORN3475FZ (Rev. 4/24/89) -1- ;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 printed material that is constitutionally protected. SECTION 2. The Moorpark Municipal Code is hereby amended by adding Chapter 14.16 "Newsracks" to read as follows: Chapter 14.16 NEWSRACKS 14.16.010 Definitions. For the purpose of this chapter, certain words and phrases are defined as set forth in this section, unless it is apparent from the context that a different meaning is intended: (1) "Newsrack" means any self- service or coin - operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of printed material. (2) "Parkway" means that portion of a street other than the portions included within the roadway and sidewalk. (3) "Registration authority" means the city manager or his or her designee. (4) "Printed material" means any newspaper, periodical, magazine, book, picture, photograph or other similar matter. (5) "Roadway" means that portion of a street improved, designed, or ordinarily used for vehicular travel. (6) "Sidewalk" means any surface within a street provided for the exclusive use of pedestrians. (7) "Street" means all the public right -of -way dedicated to public use for public street purposes and shall include parkways, roadways, and sidewalks. 14.16.020 Prohibited Installation. No person shall install or maintain any newsrack which in whole or in part rests upon, in or over any parkway, street or any property owned or controlled by the city, except as expressly permitted pursuant to this chapter. CJK /ORN3475FZ (Rev. 4/24/89) -2- 14.16.030 Registration Required. A. Newsracks which rest wholly upon, in and over any sidewalk or the patio of the Community Center are permitted pursuant to this chapter; provided that, no person shall maintain any such newsrack without having registered the newsrack with the registration authority within one business day after installation and without otherwise complying with the provisions of this chapter. Such registration shall be in writing by the owner of the newsrack or his authorized agent, shall be filed with the registration authority and shall contain the following: (1) The name, address and telephone number of the owner of the newsrack and the name and address of the person to whom any notice pursuant to this chapter should be given; (2) The location at which the newsrack is installed and maintained; (3) An executed document, approved as to form by the city attorney, by which the registrant agrees to indemnify and hold harmless the city, its officers, employees, servants and agents from any claim, demand or judgment in favor of any person, arising out of the location, installation, maintenance or removal of the newsrack; and B. No encroachment registration shall be required pursuant to any ordinance of the city, if the newsrack is registered in accordance with this section. 14.16.040 Standard for installation, maintenance and removal. A. Any newsrack which is installed or maintained pursuant to this chapter shall comply with the following standards: (1) The newsrack shall rest entirely outside the roadway or parkway and shall in whole rest upon, in and over the sidewalk or the patio of the Community Center; (2) The newsrack shall not exceed fifty -four (54) inches in height, including the base; nor shall it exceed thirty (30) inches in width, and twenty -four (24) inches in depth, excluding the base. The newsrack shall have panels on all four (4) sides which shall be woodgrain or painted any primary or secondary color. -3- CJK/ORN34751FZ (Rev. 8/2/90) (3) The newsrack shall be securely anchored in placeon a single or multiple pedestal -type base, or in a base made of pre - formed concrete. A pedestal -type base shall be bolted to the sidewalk. A pre- formed concrete base shall not exceed the width and depth of the newsrack it anchors by more than two (2) inches. Not more than four (4) newsracks shall be installed on any one base. The base shall be painted black; provided, however, a pre- formed concrete base may be unpainted. (4) The newsrack shall be placed parallel to a curb or the wall of a building. Newsracks placed parallel to the curb shall be placed with the back to the roadway and not less than eighteen inches nor more than twenty -four inches from the edge of the curb or if there is no curb from the edge of the pavement. Newsracks placed parallel to the wall of a building shall be placed with the back not more than six inches from the wall. No newsrack shall be placed or- maintained opposite a newsstand or another newsrack; (5) Newsracks may be placed next to each other; provided, however, no group of newsracks shall extend more than fifteen (15) feet along the sidewalk, and no such group of newsracks shall be located within five (5) feet of any other group of newsracks; (6) The newsrack shall not be used for advertising or publicity purposes, except: (a) The name of printed material dispensed therefrom may be displayed on the bottom one -third (1/3) of the hood; and (b) Advertising rack cards contained in card pans may be attached to, and located on, the front of the newsrack. The rack cards shall not exceed fifteen (15) inches in height and twenty -two (22) inches in length and shall be limited to the display, sale or purchase of the printed material dispensed from the newsrack. (7) The newsrack shall be maintained in a clean, neat, safe and secure condition and in good repair at all times; (8) The newsrack shall not be installed or maintained within: (a) Five (5) feet of any marked crosswalk; -4- CJK /ORN3475FZ (Rev. 4/24/89) (b) Fifteen (15) feet of any curb return; (c) Five (5) feet of any utility meter or service box; (d) Five (5) feet of any driveway; (e) Six (6) feet of any bus bench; (f) Five (5) feet ahead of, and twenty - five (25) feet to the rear of, any sign marking a designated bus stop; (g) Fifteen (15) feet of any fire hydrant, fire call box, police call box or other emergency facility; (h) Three (3) feet of any area improved with lawn, flowers, shrubs or trees; provided, however, that if the planting area and the adjacent sidewalk are separated by a wall or fence in excess of three (3) feet in height and the planting area and the sidewalk are on substantially the same grade, the restriction shall not apply; or (i) Three (3) feet of any display window of any building abutting the sidewalk or in such manner as to impede or interfere with the reasonable use of such window for display purposes; and (j) One hundred and fifty (150) feet of any other newsrack on the same side of the street within the same block which contains the same issue or edition of the same printed material, except where there is insufficient room in one newsrack for the printed material which may be sold in one day. In such event the number of newsracks shall not exceed the number necessary to accommodate the printed material which may be sold in one day, the newsracks shall be placed and grouped next to each other and shall otherwise be located in compliance with this section. (9) The newsrack shall not be installed or maintained so as to: (a) Reduce the clear space for the passageway of pedestrians to less than four (4) feet; (b) Cause, create or constitute a hazard to, or unreasonably interfere with, or obstruct the flow of, vehicular traffic or pedestrians; CJK /ORN3475FZ (Rev. 4/24/89) -5- (c) Endanger persons or property; or (d) Unreasonably obstruct or interfere with access to, or the use and enjoyment of, abutting the property; (10) The newsrack shall not be installed or maintained on a sidewalk that abuts property that is zoned Rural - Agricultural (R -A), Rural Exclusive (R -E), Single - Family Estate (R -O), One - Family Residential (R -1), Two - Family Residential (R -2), Multiple Family Residential (R -3), Mobile Home Subdivision (M -H -S), Trailer Park Development (T -P -D) or Residential Planned Development (R -P -D), as such zones are defined in the city's zoning ordinance; and (11) No issue or edition of any printed matter shall remain in the newsrack after the publication date of the next issue or edition. B. Whenever a newsrack location is voluntarily abandoned, the registrant shall so notify the registration authority prior to removing the newsrack. The registrant shall completely remove the newsrack and its mount and shall restore the sidewalk to a good and safe condition, leaving no hole or projection in the sidewalk and using the same type and quality of construction material as that which exists at the surface of the abutting sidewalk. 14.16.050 Display of certain matter prohibited. A. No printed matter dispensed from any newsrack installed or maintained pursuant to this chapter shall be displayed or exhibited in a manner which exposes to public view from the street any of the following: (1) Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statement or words have as their purpose or effect sexual arousal, gratification or affront; (2) Any photograph, picture or illustration of genitals, pubic hair, perineums, anuses, or anal regions of any person where such photograph, picture or illustration has as its purpose or effect sexual arousal, gratification, or affront; (3) Any photograph, picture or illustration depicting explicit. sexual acts where such photograph, picture or illustration has as its purpose or effect sexual arousal, gratification, or affront. -6- CJK/ORN3475FZ (Rev. 4/24/89) P. Explicit sexual acts, as used in this section, means depictions of sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed among or between members of the same or opposite sex or between humans and animals, or other acts of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region. 14.16.060 Newsrack violation. A. Whenever the registration authority is advised that a newsrack has been installed or is being maintained in violation of this chapter, he or she shall so notify the person in whose name the newsrack is registered pursuant to Section 14.16.030. Such notice shall state the nature of the violation, the intention to impound the newsrack if the violation is not corrected or a hearing is not requested before the registration authority within fifteen (15) days after the giving of such notice, and the procedure for requesting such a hearing. A timely request for a hearing shall stay any impounding, provided that if the violation is not corrected within five (5) days after the decision at such hearing becomes final, the registration authority may impound the newsrack in accordance with Section 14.16.070. B. Notwithstanding subsection A of this section, in the case of any violation of this chapter which creates an immediate danger to the public health, safety or welfare, which violation cannot be corrected by moving or otherwise repositioning an unanchored newsrack, said newsrack may be summarily impounded by the registration authority. 14.16.070 Impounded newsracks. A. Whenever a newsrack is impounded pursuant to Section 14.16.060, the registration authority shall immediately notify the person in whose name the newsrack is registered pursuant to Section 14.16.030. Such notice shall state the date the newsrack was impounded, the reasons thereof, and the procedure for claiming the newsrack. If- the newsrack was summarily impounded, such notice shall also state the procedure for requesting a hearing before the registration authority. -7- CJK/ORN3475FZ (Rev. 4/24/89) B. The registrant or other person who provides satisfactory proof of ownership of the impounded newsrack may, at anytime within thirty (30) days of the notice of impound, obtain the return of the newsrack and its contents upon payment of an impound fee in an amount equal to the reasonable cost to the city of removing and storing the newsrack. C. If, after a hearing pursuant to Section 14.16.080, the impounded newsrack is found not to have been in violation of this chapter, the newsrack shall be returned to the registrant or other claimant without payment of any impound fee or, if an impound fee has previously been paid, the impound fee shall be refunded. D. Upon failure of the registrant or other claimant to claim an impounded newsrack and pay the impound fees within the thirty (30) day period, the newsrack shall be deemed to be unclaimed property in possession of the city. The registration authority shall sell or otherwise dispose of such newsrack and its contents in accordance with law. 14.16.080 Hearing procedure. A. Within fifteen (15) days of the notice of violation or notice of impound of a newsrack summarily impounded, the person in whose name the newsrack is registered pursuant to Section 14.16.030, or other person who provides satisfactory proof -of ownership may request a hearing before the registration authority. The request shall be in writing, shall state the basis thereof, and shall be field with the registration authority. The hearing shall be held within five (5) working days of the filing of the request. At the hearing any person may present evidence or argument as to whether the newsrack has been installed or maintained in violation of this chapter. Within two (2) working days after the close of the hearing, the registration authority shall render a decision in writing and shall give such written decision to the person who requested the hearing. B. Any person who requested a hearing before the registration authority may, within ten (10) days after the decision was given, appeal such decision to the city council. The appeal shall be in writing, shall state the basis upon which the appeal is made, and shall be filed with the city clerk. M CJK /ORN3475FZ (Rev. 4/24/89) the name, address and telephone number of the owner thereof placed upon such newsrack, in compliance with Section 17570 et se q. of the Business and Professions Code of the state, he or she shall make every reasonable effort to ascertain the owner thereof. If the registration authority is unable to determine ownership, he or she shall summarily impound such newsrack and, notwithstanding Section 14.16.070, the newsrack shall immediately be deemed to be unclaimed property in possession of the city. The registration authority shall sell or otherwise dispose of such newsrack and its contents in accordance with law. SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The city clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the city council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. -10- CJK/ORN3475FZ (Rev. 4/24/89) The city council shall hear the appeal within thirty (30) days of the filing of the request. At the hearing, any person may present evidence or argument as to whether the newsrack has been installed or maintained in violation of this chapter. At the next regular meeting of the city council after the close of the hearing, the council shall render a decision in writing. Within one (1) day after the decision is rendered, the city clerk shall give notice thereof to the person who made the appeal. The decision of the city council shall be final. 14.16.090 Notices. Notices required pursuant to the provisions of this chapter shall be given in writing by personal service or United States postal service, certified mail, return receipt requested, addressed to the person to be notified at his or her last known address. The giving of notice under this chapter shall be deemed to have occurred as of the date of personal service or as of the date of deposit in the course of transmission of the United States postal service. 14.16.100 Non - conforming newsracks. This chapter shall apply to all newsracks, whether installed or maintained prior to, or after, the effective date thereof. Those newsracks installed prior to the effective date of this chapter shall be brought into compliance with the provisions of this chapter within thirty (30) days of the effective date thereof. In the event the number of such newsracks at any location exceed the number of newsracks that are permitted by this chapter at that location, priority shall be determined solely on a first -come, first registration basis and in the event of a registration tie, by random lot performed by the registration authority. Any newsrack not brought into compliance within said thirty (30) day time period shall be deemed to be in violation of this chapter. 14.16.110 Abandoned newsracks. A newsrack shall be deemed abandoned when no printed material is contained therein for a period of more than fifteen (15) consecutive days. If the registration authority determines that a newsrack has been abandoned he or she shall summarily impound such newsrack and, notwithstanding Section 14.16.070, the newsrack shall immediately be deemed to be unclaimed property in the possession of the city. The registration authority shall sell or otherwise dispose of the newsrack in accordance with law. 14.16.120 Unmarked newsracks. Whenever the registration authority finds that a newsrack does not have -9- CJK/ORN3475FZ (Rev. 4/24/89) PASSED AND ADOPTED this 7th day of February 1990. yor of tbAeCity of MooVark, California ATTEST: —11— CJK /ORN3475FZ (Rev. 4/24/89) i.IOORPARK PAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Counalmember CLINT HARPER, Ph.D. Counalmember BERNARDO M. PEREZ Counalmember LILLIAN KELLERMAN City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk /f the City of Moorpark, California, do hereby certify r penalty of perjury that the un 1 foregoing Ordinance No. 22 was adopted by the City Council of the City of Moorpark aa\mdeting held on the —7th___ day of .- _February 1989 dnd that the same was adopted by the following vote: AYES: COON LMEMBERS BROWN, HARPER, MONTGOMERY, PEREZ AND MAY R LAWRASON NOES: NO E ABSENT: AONE ABSTAIV: NONE WITNESS my hand and the off' l eal of said City this _ 9th day of _ February 989,' .i� Limon E. Kell4rm n UV 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 MOORPARK BERNARDO M.PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 122 was adopted by the City Council of the City of Moorpark at a meeting held on the 7th day of FEBRUARY , 1990, and that the same was adopted by the following vote: AYES: COUNCTT — MEMBERS BROWN, HARPER, MONTGOMERY, PEREZ AND NOES: MANOR LAWRASON ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 7th day of FEBRUARY , 1990. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864