Ord 1995 - Amending Chapter 23 of the Town Code regulating newsracks located on or projecting into the public right-of-wayORDINANCE 1995
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 23 OF THE TOWN CODE
REGULATING NEWSRACKS LOCATED ON OR PROJECTING INTO
THE PUBLIC RIGHT -OF -WAY.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Sections 23.10.050, 23.10.055, 23.10.060, 23.10.065, 23.10.070, and 23.10.075 of the Los Gatos
Town Code are hereby repealed.
SECTION II
Article VII of Chapter 23 is adopted as follows:
ARTICLE VII. NEWSRACKS
Sec. 23.70.010. Purpose.
The purpose of these regulations is to acknowledge and achieve the following:
(a) There is a substantial governmental interest in promoting the public health,
safety, welfare and convenience by ensuring that persons may reasonably use
the public streets, sidewalks, rights -of -way, and other public property without
interference with such use.
(b) Newsracks placed and maintained on the streets, sidewalks, or other public
rights -of way, absent some reasonable regulation, may unreasonably interfere
with the use of such streets, sidewalks, and public rights -of -way, and may
present hazards to persons or property.
(c) The streets, sidewalks and public rights -of way are historically associated with
the sale and distribution of newspapers and other publications, and access to
and use of these areas for such purposes is not to be denied except where
such use unreasonably interferes with the use of these areas by pedestrians or
1
traffic, or where such use presents a hazard to persons or property.
(d) Reasonable accommodation of these competing interests can be achieved by
adoption of this Article, which regulates the design, placement, and
maintenance of newsracks.
(e) The public health, safety, welfare and convenience require that: interference
with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction
of sight distance and views of traffic signs and street - crossing pedestrians be
eliminated; damage done to sidewalks or street be minimized and repaired;
the good appearance of the public streets and grounds be maintained; trees
and other landscaping be allowed to grow without disturbance; access to
emergency and other public facilities be maintained; and ingress and egress
from properties adjoining the public rights -of -way be protected.
(f) It is intended that the provisions of this Article shall be consistent with the
accessibility standards established by the Department of Justice pursuant to
the Americans with Disabilities Act (ADA) of 1990, Public Law 101 -336 and
the Rules and Regulations established by the State Architect pursuant to the
ADA. These provisions affect the general safety and welfare of all citizens
and visitors of Los Gatos, and it is the responsibility of the owner of each
newsrack to comply with all such provisions.
(g) The regulation of the sale or free distribution of newspapers and other
publications dispensed in vending machines as set forth in this Article
provides the least intrusive and burdensome means for ensuring the purposes
stated in this section are carried out while still providing ample opportunities
for the distribution of news and opinion to the citizens of the Town.
(h) This Article does not and is not intended to regulate the placement of
newsracks on private property or property under the jurisdiction of any public
agency other than the Town.
N
Sec. 23.70.015. Definitions.
(a) Abandoned newsrack. Any newsrack which has been left empty for a period
of thirty (30) days, except a newsrack remaining empty due to labor strike or
other extraordinary interruption of distribution or publication by the
newspaper or other publication sold or distributed from that newsrack.
(b) Modular newsrack. An industry standard structure composed of a group of
individual newspaper dispensing cabinets mounted in a double row of two or
more cabinets on a rack base that is supported by one or two pedestals.
(c) Newsrack. Any self - service or coin - operated box, container, storage unit or
other dispenser installed, used or maintained for the display and sale or
distribution without charge of newspapers, periodicals or other publications.
(d) Roadway. As defined in the California Vehicle Code
(e) Sidewalk. As defined in the California Vehicle Code.
Sec. 23.70.020. Establishment and Responsibilities of the Newsrack Committee
(a) In order to facilitate the implementation of this Article, a Newsrack
Committee shall be established, consisting of three representatives of
publishers and /or distributors whose publications are circulated within the
Town.
(b) The Committee will be formed within thirty (30) days of the effective date of
this Article, and members' terms of office shall be three (3) years and until
their successors are appointed. The members shall be appointed by the Town
Council, and shall be advisory to the Planning Director on matters involving
newsracks within the Town. The terms of office of the respective members
shall be staggered and overlapped in such a manner that the terms of one (1)
member expires each year.
(c) The Committee will be responsible for ensuring compliance with this Article,
including, but not limited to: issuing the necessary permit, and monitoring
3
existing newsracks within the Town to ensure compliance with design,
placement, and maintenance standards.
Sec. 23.70.025. Requirements of Newsrack Permit.
(a) The provisions of this Article shall be the exclusive requirements for newsrack
encroachments onto Town property.
(b) Each newsrack distributor shall obtain a newsrack permit from the Town or
its designee prior to placing any newsracks into the public right -of -way or on
public property.
(c) The newsrack permit shall be reviewed on an annual basis, which shall be
subject to annual affirmation pursuant to. the provisions of this Article.
(d) The newsrack permit application form shall state the name, address, and
telephone number of those responsible for installation, use and maintenance
of the newsracks, and shall describe, with particularity, the location(s)
proposed for installation. Any newsrack permit shall be issued within ten (10)
working days if the type of newsrack and location(s) proposed meet the
standards set forth in this Article.
(e) A person or distributor who has been issued a newsrack permit may install
and maintain additional newsracks and change the location of existing
permitted newsracks by modifying the original permit. The rules and
procedures of this section shall also apply to the review and approval of any
such amendment.
(f) Every newsrack owner shall permanently affix within plain view to each
newsrack, the name, address and telephone number of the person responsible
for the maintenance and operation of the newsrack.
(g) All persons or distributors who obtain a newsrack permit shall also obtain and
display an identification /permit marker provided by the Town or its designee.
Such marker shall be affixed to the newsrack within plain view.
4
(h) In the event of a change of ownership of a newsrack, the new owner(s) shall
within ten (10) days modify the existing permit providing the name, address,
and telephone number(s) of the new owner(s) and obtain and affix a new
marker for the newsrack.
Sec. 23.70.030. Design.
(a) No newsrack shall be installed in the public right -of -way that does not meet
the dimensions of not more than fifty -four (54) inches high including pedestal,
measured from the ground to the top surface of the newsrack, not more than
two (2) feet deep, not more than two (2) feet wide, and not less than fifteen
(15) inches from the ground as measured from the ground to the bottom
surface of the lowest compartment. The bottom of a newsrack may by as low
as five (5) inches from the ground, so long as it is set back as required in Sec.
23.70.040(a)(3)(c) below.
(b) No group of newsracks placed along a curb shall extend for a distance of
more than eight (8) feet. If sufficient space does not exist to accommodate
all newsracks sought to be placed at one location without violating the
standards set forth in this Article, the Town or its designee shall approve
permits for said location on a historical first come, first served basis.
(c) All newsracks shall be permanently affixed to the ground.
(d) The highest operable part of the coin slot, if provided for the newsrack, all
controls, dispensers and other operable components of newsracks shall not be
greater than forty eight (48) inches above the level of the adjacent pavement
or sidewalk, nor lower than fifteen (15) inches above the level of the adjacent
pavement or sidewalk.
5
Sec. 23.70.035. Placement.
(a) No person shall install, stock, use or maintain any newsrack which projects
onto, into or over any part of the roadway of any public right -of -way, street,
or which rests, wholly or in part, upon, along or over any portion of a
roadway.
(b) No person shall install, use or maintain any newsrack which in whole or in
part rests upon, in or over any sidewalk or roadway, when such installation,
use, or maintenance endangers the safety of persons or property, or when such
site or location is used for public utility purposes, public transportation
purposes or other government use, or when such newsrack unreasonably
interferes with or impedes the flow of pedestrian or vehicular traffic, including
disabled access, the ingress into or egress from any residence or place of
business, or the use of poles, posts, traffic signs or signals, hydrants, postal
service collection boxes or other objects permitted at or near said location.
(c) Each newsrack shall be installed in a permanent fashion to the public
sidewalk. The owner or operator of the newsrack shall provide the
installation pursuant to the provisions of this Article. Should the newsrack
be relocated at any time in the future, the then -owner or operator of the
newsrack shall bear the costs of repairing the sidewalk to a safe and attractive
condition.
(d) In any national, state or locally designated historic district, individual
newsracks shall be contained in modular units for display and sale that meet
the specifications established by the Town. The modular units shall be
provided by the operators, publications or by separate vendor by agreement
with the Town or its designee. The modular newsracks will be of a multi -unit
configuration in order to provide the safe passage of pedestrian and vehicular
traffic, while ensuring equivalent access to distribution. The modular units
shall be subject to and shall be attached to one another to facilitate
consolidation. No alteration of these modular newsracks shall be permitted
without the express written direction of the Town.
(e) A publication not previously circulating in a given area which chooses to do
so, may place an industry standard rack on a temporary basis for ninety (90)
days so long as:
(1) The newsrack is tagged by the publisher or distributor with the
placement date and the date of removal; and
(2) The tag indicates that this is a test location; and
(3) By the ninety -first day, the publisher or distributor shall either obtain
a newsrack permit or remove the newsrack; and
(4) During the ninety (90) day temporary basis, the publisher or distributor
adheres to all other aspects of this Article.
Sec. 23.70.040. Standards.
(a) Any newsrack which in whole or in part rests upon, on or over any sidewalk
shall comply with the following standards:
(1) Newsracks shall only be placed near a curb or adjacent to the wall of
a building. If no building exists at the proposed site, newsracks shall be
placed parallel to the back of the sidewalk and not more than six (6)
inches from the back of the sidewalk. The back of newsracks placed
near the curb shall be placed no less than eighteen (18) inches nor
more than twenty -four (24) inches from the edge of the curb except
that along a curb that is painted red prohibiting parking, there shall be
no minimum setback from the curb. The back of newsracks placed
adjacent to the wall of a building shall be placed parallel to such wall
and not more than six (6) inches from the wall.
(2) All newsracks shall be permanently affixed to the ground
notwithstanding Section 23.70.035(e). Newsracks shall not be chained
7
or otherwise attached to a bus shelter, bench, street light, utility pole,
or sign pole, to any other sign or modular newsrack, or any tree, shrub,
or other plant, nor situated upon any landscaped area, or tree grate.
(3) No newsrack shall be placed, installed, used or maintained:
a. At any location where the clear space for the passage of
pedestrians is reduced to less than six (6) feet except that in
areas where physical obstructions provide for less than a six (6)
foot clearance, a clear space for passage of not less than four
(4) feet may be permitted for a distance of not more than ten
(10) feet with the written approval of the Planning Director.
b. Within ten (10) feet of any marked or unmarked crosswalk as
measured from the curb return;
C. Within five (5) feet of any marked crosswalk at a midblock
intersection as measured from the outside edge of the
crosswalk, or if the bottom of the newsrack is lower than
fifteen (15) inches above the ground, then the newsrack shall be
at least ten (10) feet from the crosswalk;
d. Within three (3) feet of any fire hydrant, fire call box, police
call box, or other emergency facility;
e. Within five (5) feet of any driveway apron, as measured from
the edge of the curb;
f. Within three (3) feet of any bench fixed parallel to curb, or
within four (4) feet of any bench fixed perpendicular to curb;
g. Within five (5) feet of any red curb of a bus stop zone;
h. Within five (5) feet of any blue curb of a disabled parking zone;
L Within ten (10) feet of the curb return of any wheelchair curb
ramp not in a marked crosswalk; or
j. Within twelve (12) inches of any accessible utility or meter flush
8
mounted in sidewalk.
(b) If the Committee or the Planning Director determines that the placement of
a newsrack in a specific location that would conform to the standards in this
section would nevertheless constitute a safety hazard or unreasonably interfere
with pedestrian travel or emergency access, the Committee or Planning
Director may deny the placement by making written findings specifying what
constitutes the hazard or unreasonable interference.
Sec. 23.70.045. Maintenance.
(a) Each newsrack shall be reasonably free of dirt and grease, be reasonably free
of chipped, faded, peeling or cracked paint, be reasonably free of rust and
corrosion, have no broken or cracked plastic or glass parts, and have no
broken structural parts. Adhesive labels, other than Town issued
identification /approval labels, unrelated to publications in the newsracks shall
not be displayed on newsracks.
(b) Abandoned newsracks shall be unlawful, and may be removed by the Town
or its designee pursuant to the provisions of this Article.
(c) Upon the removal of a newsrack, the public right -of -way shall be returned at
cost to the permittee to its original condition including but not limited to the
refilling of holes installed for purposes of placing newsracks.
(d) No later than July 1 of each year, each newsrack registrant shall file a
statement with the Town or its designee affirming the continued placement
of the registrant's newsracks that shall contain a list of the newsrack permit
numbers and a description of each newsrack's location.
Z
Sec. 23.70.050. Abatement of Violation(s).
(a) Any newsrack in violation of this ordinance may be summarily removed,
relocated, or corrected by direction of the Town or its designee as provided
in this Section and stored at a place convenient to the Town.
(b) Before any newsrack is removed, relocated, or corrected by the Town or its
designee, the owner shall be notified by posting and mailing, where feasible,
to the address for such party stated on the newsrack permit and given ten (10)
days to remedy the violation and /or contest removal. If no identification is
shown on the newsrack and no newsrack permit has been obtained, posting
of the notice on the newsrack alone shall be sufficient. Both forms of notice
shall state the code section violations, the length of time within which the
violation must be cured, and the forum within which the owner may request
a hearing to contest the removal, relocation, or correction of the newsrack.
(c) Any person notified under Section 23.70.050 (b) may submit a written request
for a hearing before the Town, which hearing shall be held not less than ten
(10) days after the request as made. The hearing shall be informal, but oral
and written evidence may be given by both sides. Any action by the Town
with respect to the alleged violation shall be stayed pending the Town's
decision following the hearing, which decision shall be rendered no later than
ten (10) days after the hearing. The Town may give oral notice of the
decision at the close of the hearing, but shall give written notice as well of the
decision.
(d) The Town or its designee may remove a newsrack if the person responsible
for such newsrack has (a) neither requested a hearing before the Town nor
remedied the violation within ten (10) days following date of notice, or (b)
has failed to remedy the violation within ten (10) days after receiving a copy
of the written decision that the newsrack was installed or maintained in
violation of this Article, following a hearing as conducted pursuant to this
10
Section. Such person shall be notified of the removal.
(e) Removed or impounded newsracks shall be retained by the Town or its
designee and may be recovered by their owner within ninety (90) days of their
removal. Newsracks which are not claimed within ninety (90) days shall be
deemed permanently abandoned and shall be disposed of pursuant to Civil
Code Section 2080.6.
(f) Before release of the newsracks, the person responsible for such newsrack
shall pay an impound fee covering the actual cost to the Town or its designee
of transporting, storing and disposing of such newsrack.
(g) The prior notice required by this Section will not be a prerequisite to the
Town or its designee taking reasonably necessary steps to relocate or remove
a newsrack that presents an immediately imminent danger to public health
and safety, or an unmitigable obstruction to the movement of either
pedestrian or vehicular traffic.
(h) Abatement hereunder is a cumulative remedy and does not prohibit the
Town or its designee from pursuing any other appropriate criminal or civil
action with regard to the enforcement of this Article.
Sec. 23.70.055 Appeal of Denial or Order.
(a) Any applicant or owner /operator of a permitted newsrack may appeal a
denial of a permit or order of the Town or its designee to correct an alleged
violation of this Article by filing a written appeal with the Planning Director
within ten (10) days of the date of the decision or order. The Town will set
the matter for hearing before the Planning Commission within sixty (60) days
but at least ten (10) days after the date that the appeal was filed with the
Planning Director. The appellant shall be notified by mail, and the notice of
the hearing shall be posted at three (3) public places within the Town. The
Commission will hear the appeal de novo and consider all relevant facts and
11
testimony presented. At the conclusion of the hearing, the Commission may
approve, disapprove, or amend the decision or order of the Town or its
designee, as the Commission determines is in conformance with the provisions
of this Article.
(b) The appellant may appeal the Commission's decision to the Town Council by
filing a written appeal with the Town Clerk within ten (10) days of the date
of the Commission's decision. The Town Clerk will set the matter for hearing
before the Town Council within sixty (60) days but at least ten (10) days after
the date that the appeal was filed with the Clerk. The appellant shall be
notified by mail, and the notice of the hearing shall be posted at three (3)
public places within the Town. The Council will hear the appeal de novo and
consider all relevant facts and testimony presented. At the conclusion of the
hearing, the Council may approve, disapprove, or amend the decision or order
of the Commission, as the Council determines is in conformance with the
provisions of this Article.
Sec. 23.70.060 Amortization Requirements.
(a) Every newsrack within the public rights -of -way within the Town shall be
removed or otherwise brought into conformance with this Article according
to the following schedule:
(1) For newsracks in historic districts - within 120 days of the effective date
of this Article.
(2) All newsracks outside historic districts shall meet all requirements of this
Article except permanent affixing to the sidewalk within 120 days of the
effective date of this Article.
(3) All newsracks outside historic districts shall be permanently affixed to the
sidewalk by January 1, 1996.
12
(b) Within 120 days of the effective date of this ordinance, the owners and
operators of existing newsracks shall obtain the permits required by this
Article and install permit decals in accordance with this Article.
(c) Nothing contained herein shall prevent or inhibit the Town or its designee
from taking all legal and appropriate steps to ensure that existing newsracks
are not located on or projecting into the public rights -of -way in the Town of
Los Gatos so as to present a hazard to public health and safety, or otherwise
reasonably unmitigable obstruction to either pedestrian or vehicular traffic.
SECTION III
The Council declares that the individuals appointed to the Newsrack Committee described
in Section II above as representatives of the publishing and distribution industry are
intended to represent and further the interests of the publishing and distribution industry,
and that such representation and furtherance will ultimately serve the public interest.
Accordingly, the Council finds that for purposes of persons who hold such office the
publishing and distribution industry is tantamount to and constitutes the public generally
within the meaning of Section 87103 of the Government Code and as provided in Section
18703 of Title 2, Division 6 of the California Code of Regulations. This means that
members of this Committee will not be disqualified in matters affecting their publishing and
distribution interests.
13
SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on February 21, 1995 and adopted by the following vote as an ordinance of the Town
of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on March
20, 1995. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN O LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA
n:dev \ords \newsord 14 March 22, 1995