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Ord 1442 - REGULATING THE USE OF NEWSRACKS IN THE DOWNTOWN BUSINESS DISTRICT OF THE TOWN OF LOS GATOS1 l ORDINANCE NO. 1442 ORDINANCE REGULATING THE USE OF NEWSRACKS IN THE DOWNTOWN BUSINESS DISTRICT OF THE TOWN OF LOS GATOS The Town Council of the Town of Los Gatos does ordain as follows: SECTION 1. Section 26 -7.4, 26 -7.5, 26 -7.6, 26 -7.7, 26 -7.8, and 26 -7.9 are added to the Los Gatos Town Code to read: Section 26 -7.4 Establishment of Community Newsracks The Town Council may by resolution provide or authorize provision of community newsracks in the downtown business district. For the purposes of this section, the downtown business district is the cornnercial port.a.on of the To weu- terly of State Highway 17. Section 26 -7.5 Specifications for Newsracks Community newsracks provided or authorized by the Council shall be of sturdy construction, reasonably well protected from theft, attractive in appearance and situated so that they will not interfere with pedestrian traffic, nor be hazardous. They shall be coin operated and designed to be easily modified for operation by different sums of money. Section 26 -7.6 Use and Assignments of Newsrack Spaces Newspaper publishers and newspaper vendors have the right to use spaces in the community newsracks without charge. Appli- cations for space are made to the Town Manager. Users are assigned space in the racks by the Town Manager on a first come, first served basis. Section 26 -7.7 Abandonment of Spaces A user's failure to supply his space in the community newsracks regularly with all current editions of his news- paper is deemed to be an abandonment of the space. The space is then - available for assignment by the Town Manager to another. - 1 - Section 26 -7.8 When Use of Community Newsracks Is Required In the downtown business district everyone who displays newspapers for sale in a news -rack shall use the community newsracks unless there is no community newsrack. within 100 yards walking distance. This requirement does not apply when there is no space available in a community newsrack within 100 yards, nor to newsracks set on private property with the consent of the landowner, nor when the requirement places an unreasonable burden on the display and distribution of the newspaper in question. Section 26 -7.9 Appeals Any newspaper publisher or newspaper vendor who contends that any of the provisions of this ordiance impose burdens on the display and distribution of his newspaper may appeal to the Town Manager. The notice of appeal must be written and must state in detail the reasons why application of this ordinance is unduly burdensome. When the appeal involves an administer- ing decision made by the Town Manager, the appeal must be filed within 30 days after the appellant has received written notice of the decision. The Town Manager must decide the appeal within 10 days and notify the appellant in writing of his decision, stating his reasons. Within 10 days after the appellant has received written notice of the decision, he may seek review by the Council by filing a notice of appeal with the Town Clerk. The decision of the Tovm Manager is final unless there is a timely appeal. In the event of review the Town Council may in its discretion determine the appeal on the record, partly on the record and partly on new evidence, or hear the entire matter anew. The Town Council's decision is effective when the council votes to determine the matter. SECTION 2. This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once' in a news- paper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on Aug. 20 , 19 79 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on Sept. 4 , 19 7 9 - 2 - AYES: COUNCIL MEMBERS Ruth Cannon, Mardi Gualtieri, and John B. Lochner NOES COUNCIL MEMBERS Thomas J. Ferrito and Peter W. Siemens ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED TOWN of LOS GATOS ATTEST: Q Cle k of Town of Los tos — 3 —