HomeMy WebLinkAboutAGENDA REPORT 1990 0117 CC REG ITEM 12BPAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tem
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M. PEREZ
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK
M E M 0 R, N D U M
ITEM 12-9
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
TO: The Honorable City Coun it
FROM: Patrick J. Richards, Di ector of Community Development
DATE: January 2, 1990 (Meeting of 1- 17 -90)
SUBJECT: NEWSRACK ORDINANCE
Background
The draft revised newsrack ordi.iitncc�
appeared before the City
Council
at their
meeting of May 17, 11 -,9.
At that meeting there was some
concern
voiced by a local new- •papf�r regarding the City's
proposed
newsrack
ordinance. Much of the di.,;cussion
centered around the
color
and type
of newsrack the City sl :�uld
allow. At the May 17th
meeting,
the Council appointed a subcomrAtt
e tf, review all aspects
of the
proposed
ordinance, including c<,l rs,
llpi,eht, base types, etc.
Discussion
On November 29, 1989, the -,pi on +n i ttc— met. to discuss the above
issues. At that meetirrg it r~ a trf rf— (T,imendation of the subcommittee
to accomplish the following:
-1 Recommend approval cf r "opost,(I ordinance regarding
newsracks.
2. That Section 14.16.040 1- andard for installation1
maintenance and remova l -P, -a i n , ho requirement for
newsracks to be dither f)r pain *.fed brown.
3 . That the City give a l l �r ;crrr Rio ing hus ine,,s from newsracks
(on public property) r+ in— y (')ll day "grace" period prior
to actual enforcement
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
891228C /CIIRONI PJR: nST: PP: WW: nR : F
Jai at v 2 990
Attached is the draft
copy of
tie riewsrack ordinance amended by the
City Attorney at
the
May l;, P'�
9 rneetinl;. The issue of height was
generally settled
upon
with a moN
num of fifty -four (54) inches.
Staff Recommendation
1. That the City
Council accepi
Qo rec:mmendation of their
subcommittee;
and
2. That the City
Council appro\
thn rttached draft ordinance with
modifications
and
introduce
or "irst reading.
Attachment: Draft Newsrack Ordina v
891228C /CHRONI PJR:DST:PP:WW:DR:v "9 :VM:DR:(rl
I
ORDINAN( : N_),
AN ORDINANCE OF THE CITY 0 MOORPARK,
CALIFORNIA, AMENDING; THE MOORPARK
MUNICIPAL CODE BY A'.DING CHAPTER 14.16
RELATIVE TO NEWSRAC S
THE CITY COUNCIL C''F THF: C-1- .' OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Cit Council of the City of
Moorpark hereby finds that newsracks have proliferated and
increased in certain areas o the City to the extent that in
some instances they can cons itute a threat to public
health, safety and welfare b impeding pedestrian traffic
and interfering with ingress and egress to and from
buildings, vehicles and publ c mode,3 of transportation.
The purpose of this ordinance is to promote the
public health, safety, and w +lfare Through the regulation of
placement, appearance, numbe , size, and servicing of
newsracks on the public r:.qh f -w.;iy so as to:
A. Provide for c� -x < t r..a i and driving safety and
convenience;
B. Insure no unre,isor,able interference with the
flow of pedestrian or vehicu ar traffic including ingress
into, or egress from, any p1 ce of 5usiness or from the
street to the sidewalk;
C. Provide reason,.tble access for the use and
maintenance of sidewalks, po es, posts, traffic signs and
signals, hydrants, mailboxes and similar appurtenances, and
access to locations used for public transportation purposes;
D. Reduce visual light on the public rights -of-
way, protect the aesthetics nd value of surrounding
properties, and protect the iEr C residential areas;
E. Reduce exposur, of the City to personal injury
or property damage claims a� i3tig,ition;
F. Protect the ri nt to r'.i.stribute information,
protected by the State and `- 3era +:onstitution through the
use of newsracks.
CJK /ORN3475.7Z
(Rev, 5/24/89)
1-
,It is not the inter- of this Ordinance to in any
way discriminate against, req. late, or interfere with the
publication, circulation, die.- ribution, or dissemination of
any printed material that is °onsti7unionally protected.
SECTION 2. The MoofDark Municipal Code is hereby
amended by adding Chapter 14 6 "Newsracks" to read as
follows:
Chapt •r x_4 A -
NEY RACKS
14.16.010 Definit.iors. For the purpose of this
chapter, certain words and prrases are defined as set forth
in this section, unless it i apparent from the context that
a different meaning is inter. "d:
(1) "Newsrack" mea s any ,elf- service or coin -
operated box, container, storage unit or other dispenser
installed, used, or maintain i for the display and sale of
printed material.
(2) "Parkway" mean that portion of a street other
than the portions included w shin the roadway and sidewalk.
(3) "Registration itt~ority" means the city
manager or his or her design e.
(4) "Printed mater a1" means any newspaper,
periodical, magazine, boob:., icture photograph or other
similar matter.
(5) "Roadway" mear that portion of a street
improved, designed, or ordir,r:ily used for vehicular travel.
(6) "Sidewalk" mea s any surface within a street
provided for the exclusive e of pedestrians.
(7) "Street" means all the public right -of -way
dedicated to public use for ublic street purposes and shall
include parkways, roadways, nd s 6awalks.
14.16.020 Prohib te- Insta?lation. No person shall
install or maintain any news ack which in whole or in part
rests upon, in or over any E.rkway, street or any property
owned or controlled by the c ty eycept as expressly
permitted pursuant to thi ; a t e-
CJK /ORN3475FZ
(Rev. 4/2l/89)
14.16.030 Registrat on Recuired.
A. Newsracks whic: rest ~holly upon, in and over
any sidewalk or the patio of the Ccrimunity Center are
permitted pursuant to this c�.apter; provided that, no person
shall maintain any such newsrack without having registered
the newsrack with the registration authority within one
business day after installat.on and without otherwise
complying with the provision, . of th..s chapter. Such
registration shall be in wri °ing by the owner of the
newsrack or his authorized a(,;ent, stall be filed with the
registration authority an(J shall certain the following:
(1) The name, address and telephone number of
the owner of the newsrack an(. the name and address of the
person to whom any notice pu:3uant he 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 °he city, its officers,
employees, servants and agen-,s from any claim, demand or
judgment in favor or any per.Ion, arising out of the
location, installation, main -en.ance or removal of the
newsrack; and
B. No encroachmen registration shall be required
pursuant to any ordinance of .he city, if the newsrack is
registered in accordance w.i this .section.
14.16.040 Standard )r _installation, maintenance
and removal.
A. Any newsrack wr..ch is installed or maintained
pursuant to this chapter sh,.1 comply with the following
standards:
(1) The newsr,uk shall rest entirely outside
the roadway or parkway and s'r. :ill in whole rest upon, in and
over the sidewalk or the pay of t:rIe Community Center;
(2) The ne sr<ick shall not exceed
(4,6) inches in height, luc .ng the., base; nor shall it
exceed thirty (30) inches in ,,idth, and twenty -four (24)
inches in depth, excluding tt -,_, base., The newsrack shall
have panels on all four (4) :de3 which shall be woodgrain
o r pa i n t e d , � �.�� • - = ?, ? t -•=- " �� r.� c.�-G� ,
CJK /ORN3475FZ
(Rev. 4/24/£39)
(3) The newsrack shall be securely anchored
in place•on a single or mult PIE' pedestal -type base, or in a
base made of pre- formed cone etE'. ,'\ pedestal -type base
shall be bolted to the sidewalk. A. pre- formed concrete base
shall not exceed the width a1.3 depth of the newsrack it
anchors by more than two (2) inches Not more than four (4)
newsracks shall be installed Dr, any one base. The base
shall be painted black; prov ded, !Owever, a pre- formed
concrete base may be unpant d.
(4) The newsrack shall be placed parallel to
a curb or the wall of a buil� ling. Newsracks placed parallel
to the curb shall be placed pith the back to the roadway and
not less than eighteen inche_ i nor more than twenty -four
inches from the edge of the carb or if there is no curb from
the edge of the pavement. Newsracks placed parallel to the
wall of a building shall be }laced with the back not more
than six inches from the wal_. No newsrack shall be placed
or, maintained opposite a new,,:stand car another newsrack;
(5) Newsracks may be placed next to each
other; provided, however, no group of newsracks shall extend
more than fifteen (15) feet t� ong tt°ie sidewalk, and no such
group of newsracks shall be :)cated within five (5) feet of
any other group of newsracks
(6) The newsrack shall not be used for
advertising or publicity purl rases, Except:
(a) The �,ame of printed material
dispensed therefrom may be d splayed on the bottom one -third
(1/3) of the hood; and
(b) Adver-:ising rack cards contained in
card pans may be attached to, and 1c:�cated on, the front of
the newsrack. The rack card_ shall not exceed fifteen (15)
inches in height and twenty -wo (22) inches in length and
shall be limited to the display, sale or purchase of the
printed material dispensed f m the newsrack.
(7) The newsr,. : :k shall be maintained in a
clean, neat, safe and secur - ond: :tion and in good repair at
all times;
(8) The newsr :k shall not be installed or
maintained within:
crosswalk; (a) Five 5) feet of any marked
CJK /ORN3475 :Z
(Rev. 4/24/89)
return; (b) FiE� en (1.5` feet of any curb
(c) Fivy ;5) _eet of any utility meter
or service box;
(d) Five (5) feet of any driveway;
(e) Six 5) feet of any bus bench;
(f) F-ve (5) Eeet ahead of, and twenty -
five (25) feet to the rear any {:ign marking a designated
bus stop;
(g) Fift «en (15) feet of any fire
hydrant, fire call box, poli , call box or other emergency
facility;
(h) Three, (3) feet of any area improved
with lawn, flowers, shrubs oi 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 nall ncyt apply; or
(i) Thre+ (3) fret of any display window
of any building abutting the sidewalk or in such manner as
to impede or interfere with °tie reasonable use of such
window for display purposes ind
(j) One ,indred and fifty (150) feet of
any other newsrack on the sarre side of the street within the
same block which contains tlhr same issue or edition of the
same printed material, except where there is insufficient
room in one newsrack for the irinted material which may be
sold in one day. In such evx,nt the number of newsracks
shall not exceed the number ecessary to accommodate the
printed material which may bf sold in one day, the newsracks
shall be placed and grouped OXt to each other and shall
otherwise be located in ccm;P ance .,ith this section.
(9) The neu:;- k shad not be installed or
maintained so as to:
(a) Redu+ e the c -lear space for the
passageway of pedestrians _ess ttan four (4) feet;
(b) Ca usr, create or constitute a hazard
to, or unreasonably interfere with, or obstruct the flow of,
vehicular traffic or pedes irs;
CJK /ORN34751Z
(Rev. 4/24/89)
(c) End. Eger persons or property; or
(d) Unr, sonab y obstruct or interfere
with access to, or the use :d enjc:yment of, abutting the
property;
(10) The newsrack shall not be installed or
maintained on a sidewalk tha-.. abuts property that is zoned
Rural- Agricultural (R -A), Rural Exclusive (R -E), Single -
Family Estate (R -O), One- Far,ly Residential (R -1), Two -
Family Residential (R -2), Mu'.tiple Family Residential (R -3),
Mobile Home Subdivision (M- -S), Trailer Park Development
(T -P -D) or Residential Planr.ed Development (R -P -D), as such
zones are defined in the c_ ', zoning ordinance; and
(11) No issue jr edition of any printed matter
shall remain in the newsrac� 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 -:he newsrack. The registrant
shall completely remove the ewsrack and its mount and shall
restore the sidewalk to a ac and safe condition, leaving
no hole or projection in `.,E: sidewalk and using the same
type and quality of construe ion material as that which
exists at the surface of ' :hk aout,:a iq sidewalk.
14.16.050 Displav c- certain matter prohibited.
A. No printed meat er dispensed from any newsrack
installed or maintained pursy ant: to this chapter shall be
displayed or exhibited in a �anrier which exposes to public
view from the street any cf he fol.Lowing:
(1) Any state , ent.s c!.- words describing
explicit sexual acts, sexual organs, or excrement where such
statement or words have as t eir pu °-pose or effect sexual
arousal, gratification or of 'r:)r,t
(2) Any photo-,raun, picture or illustration
of genitals, pubic hair, per neums, anuses, or anal regions
of any person where such phc :)graph, picture or illustration
has as its purpose or effc,c• f =�ual. arousal, gratification,
or affront;
(3) Any photo raph, picture or illustration
depicting explicit sexual ac 3 where such photograph,
picture or illustration has s its Purpose or effect sexual
arousal, gratification, o:
CJK/ORN3475FZ
(Rev. 4/24/89)
�'. J. .:H.�wrkw.""'f�1�heWZ:.'.,.:... r...W. ..., .... yAb. .18'.Yq.u..,w.Y. v ��•
B. Explicit sexua acts, as used in this section,
means depictions of sexual. 1 �ercouise, oral copulation,
anal intercourse, oral -anal opulat.on, bestiality, sadism,
masochism, or excretory fun;�L'cns iY conjunction with sexual
activity, masturbation, or I <wd exh::.bition of genitals,
whether any of the above coriuct 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 physic1 contact with a
person's genital, pubic re,g~ pub ,c hair, perineum, anus
or anal region.
14.16.060 Newsrack ielati:an..
A. Whenever the r�- gistration authority is advised
that a newsrack has been installed c)r is being maintained in
violation of this chapter, ht or shEA shall so notify the
person in whose name the news rack iE, registered pursuant to
Section 14.16.030. Such notice shall state the nature of
the violation, the intention re impound the newsrack if the
violation is not corrected car a hearing is not requested
before the registration auth : -ity within fifteen (15) days
after the giving of such ro -,::: e, an', the procedure for
requesting such a hearing.
A timely request Ec; a hearing shall stay any
impounding, provided that if the vic:,lation is not corrected
within five (5) days after t;e decision at such hearing
becomes final, the registration aut'i,ority may impound the
newsrack in accordance with action 14.16.070.
B. Notwithstand.in:: subsection A of this section,
in the case of any violation >f this chapter which creates
an immediate danger to the p..olic health, safety or welfare,
which violation cannot be c,:):rected by moving or otherwise
repositioning an unanchored �wsrac,, said newsrack may be
summarily impounded by the - aistra_ ion authority.
14.16.070 Impounded iewsracks.
A. Whenever a new.;ac-c is impounded pursuant to
Section 14.16.060, the registration authority shall
immediately notify the perso in whose name the newsrack is
registered pursuant to Sect:.; 14.16.030. Such notice shall
state the date the newsrack is impounded, the reasons
thereof, and the procedure . claiming the newsrack. If
the newsrack was summarily oou- uded), such notice shall also
state the procedure for recri:, t i ig ,i hearing before the
registration. authority.
CJK /ORN3475. Z
(Rev. 4/24/89)
B. The registrant. )r otiher person who provides
satisfactory proof of ownership of the impounded newsrack
may, at anytime within thirt (30) rays of the notice of
impound, obtain the return 0' the newsrack and its contents
upon payment of an impound in are amount equal to the
reasonable cost to the city = rerro;ing and storing the
newsrack.
C. If, after a he,,ring
14.16.080, the impounded new{r.'ack
in violation of this chapter, the
to the registrant or other c:.aima
impound fee or, if an impoun(. fee
the impound fee shall be ref nded
pursuant to Section
is found not to have been
newsrack shall be returned
nt without payment of any
h,3s previously been paid,
D. Upon failure of the registrant or other
claimant to claim an impounded newsrack and pay the impound
fees within the thirty (30) c -ay period, the newsrack shall
be deemed to be unclaimed pr(:perty in possession of the
city. The registration authority shall sell or otherwise
dispose of such newsrack and is co- 11tents in accordance with
law.
14.16.080 Hearing_ p, :)cedur�-.
A. Within fifteen 15) days of the notice of
violation or notice of impound of a newsrack summarily
impounded, the person in whole name the newsrack is
registered pursuant to Section 14.16.030, or other person
who provides satisfactory pr(: )f of ownership may request a
hearing before the registrat:i,Dn authority. The request
shall be in writing, shall st.:ite the;t basis thereof, and
shall be field with the regi.� ~ ra zi or7 authority.
The hearing shall be held within five (5) working
days of the filing of the req -est. At the hearing any
person may present evidence C: argument as to whether the
newsrack has been installed c:: maint::ained in violation of
this chapter. Within two (2, i working days after the close
of the hearing, the registrat.on aut:.hority shall render a
decision in writing and sha : give :,sch written decision to
the person who requested t ~E:°
B. Any person wnc:
registration authority may, „
decision was given, appeal sf:
council. The appeal shall LE,
basis upon which the appeal
the city clerk.
CJK /ORN3475FZ
(Rev. 4/24/89)
equested a hearing before the
thlr, ten (10) days after the
h decision to the city
in writing, shall state the
=iade, and shall be filed with
The city council sh -1 hear the appeal within
thirty (30) days of the fili 3 of the request. At the
hearing, any person may present evidence or argument as to
whether the newsrack has bee! installed or maintained in
violation of this chapter. _t the next regular meeting of
the city council after the c ose of the hearing, the council
shall render a decision in writing. Within one (1) day
after the decision is renders -d, the city clerk shall give
notice thereof to the person she made the appeal. The
decision of the city council stall "Oe final.
14.16.090 Notices. Notices required pursuant to
the provisions of this chapt= +r shall be given in writing by
personal service or United S ates postal service, certified
mail, return receipt requested, addressed to the person to
be notified at his or her la3t known address. The giving of
notice under this chapter shill be deemed to have occurred
as of the date of personal s- rvice c)r as of the date of
deposit in the course of t:ra.smissior. of the United States
postal service.
14.16.100 Non- confo::'ming newsracks. This chapter
shall apply to all newsracks, whether installed or
maintained prior to, or afte , the effective date thereof.
Those newsracks installed pr-.or to the effective date of
this chapter shall be brougr,. into compliance with the
provisions of this chapter c, th.n thirty (30) days of the
effective date thereof. In he event the number of such
newsracks at any location ex,2eed the number of newsracks
that are permitted by this chapter at that location,
priority shall be determir:ee so-ely on a first -come, first
registration basis and in t'l- event:. of a registration tie,
by random lot performed by tie registration authority. Any
newsrack not brought into cc::npLian(.:,e within said thirty (30)
day time period shall be _,e, -e i t-> )e in violation of this
chapter.
14.16.110 Abandonec. newsracks. A newsrack shall be
deemed abandoned when no pri-.ted material is contained
therein for a period of mor( than fifteen (15) consecutive
days. If the registration ci_thorit_y determines that a
newsrack has been abandoned ,e or :she shall summarily
impound such newsrack and, )twithstanding Section
14.16.070, the newsrack sha immediately be deemed to be
unclaimed property in the j:) . session of the city. The
registration authority shy:':.. sell a r otherwise dispose of
the newsrack in accordanc- t;; ] -I,.
14.16.120 Unmarked tewsrack_s. Whenever the
registration authority fin(-41, tl -it
newsrack does not have
CJK /ORN3475FZ
(Rev. 4/2-1/89)
ATTEST:
PASSED AND ADOPTED -.is day of
ity Clerk
Mayor of the City or Moorpark,
California
1w
CJK /ORN3475FZ
(Rev. 4/24/89)