Ord 1442 - REGULATING THE USE OF NEWSRACKS IN THE DOWNTOWN BUSINESS DISTRICT OF THE TOWN OF LOS GATOS1
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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.
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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
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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
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