2011050208 - Amend Newsrack Ordinance - Introductionow of MEETING DATE: 5102/2011
- -- -- ITEM NO:
ias cats COUNCIL /AGENCY AGENDA REPORT
DATE: APRIL 26, -2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER/EXECUTIVE DIRECTOR /J ✓ ~
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 23
OF THE TOWN CODE REGULATING NEWSRACKS LOCATED ON
OR PROJECTING INTO THE PUBLIC RIGHT -OF -WAY.
RECOMMENDATION
Adopt the proposed ordinance amendment to Chapter 23 of the Town Code regulating
newsracks located on or projecting into the public right -of -way.
BACKGROUND
In January 2010, the Town Council identified the implementation of a program to ensure
appropriate newsrack design and placement in the Downtown as a 2010 -2012 Strategic
Goal.
Chapter 23 of the Los Gatos Municipal Code regulates the placement of newsracks
within the public right -of -way throughout Town. The current Code requirements do not
specify design types or specific locations for newsracks, with the exception of the Town's
Downtown Historic District. The right to distribute newspapers and periodicals through
newsracks is protected by the First Amendment guarantees of free speech and free press;
however, the number, appearance and location of newsracks can be controlled by Town
requirements.
DISCUSSION:
History of newsrack regulation in Town
In May 1990, the Town Council accepted a report from the Commercial Plan Committee
that included a recommendation to develop guidelines and standards for the orderly
placement of street furniture and appurtenances on downtown sidewalks. The downtown
area was defined as the Central Business District (CBD), located within the boundary of
PREPARED BY : Jessica von Borck, Economic Vitality Manager
Reviewed by: pS J Assistant Town Manager/Deputy Directo Town
Attomey /General Counsel Clerk Administrator /Secretary '7 inance
_Community Development
Page 2 of 8
MAYOR AND TOWN COUNCIL /CHAIR AND MEMBERS OF THE
REDEVELOPMENT AGENCY
SUBJECT: INTRODUCTI OF AN ORDINANCE AMENDING CHAPTER 23 OF
THE TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING
INTO THE PUBLIC RIGHT -OF -WAY.
April 26, 2011
the C -2 zone identified on the Town of Los Gatos Zoning Map (Attachment 1). These
guidelines provided the standard for the placement of benches, trash receptacles,
newsracks, and anything placed on public sidewalks, streets, alleys and public right -of-
way in the CBD.
In 1995, a Newsrack Ordinance was adopted to address the proliferation and design of
downtown newsracks. A Newsrack Committee was established via the ordinance and
served to administer newsrack regulations. In 2001, due to lack of newsrack permit
requests and non - participation of members, the Committee was dissolved.
In 2009, members of the downtown business community and Council expressed concerns
about the placement and condition of newsracks in the Downtown. Staff inventoried
current conditions and began an enforcement campaign to bring all racks into
conformance with the Newsrack Ordinance.
In 2010, Council defined the Town's Core Values and adopted Strategic Goals.
Identified as one of those goals and categorized under the Town's "Community
Character" core value was an implementation program to ensure the appropriate design
and placement of newsracks in the Downtown. To pursue this goal, staff inventoried
newsracks in the CBD, studied best practices of similar communities, hosted focus
groups with the publishers and general public, and implemented a Pilot Program in the
Downtown Historic District.
Legal Framework
The regulation of newsracks by local jurisdictions presents disparity between newspaper
publishers' First Amendment rights and communities' interests in aesthetics and safety.
Publishers argue that newsracks provide an essential outlet for conveying important
information to the public and are concerned that regulating the location and appearance
of these racks may impact their visibility thus affecting overall sales. Communities
counter that the regulation of newsracks combats visual clutter, enhances pedestrian
safety by relieving congestion, and helps protect communities' unique architectural and
aesthetic attributes.
As in other First Amendment contexts, a community may adopt reasonable "time, place,
and manner" regulations which are content - neutral, are not unreasonably restrictive, and
leave open ample alternative means of communication Although concerns about health,
safety, economic vitality, and aesthetics are legitimate governmental interests, typically
communities weigh the interests of all stakeholders involved and establish a reasonable
fit between the public interest they seek to advance and the publishers' business interests
and needs.
Page 3 of 8
MAYOR AND TOWN COUNCIL /CHAIR AND MEMBERS OF THE
REDEVELOPMENT AGENCY
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 23 OF
THE TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING
INTO THE PUBLIC RIGHT -OF -WAY.
April 26, 2011
Newsrack design and placement regulation can best be accomplished through the creation
of a special district in the Downtown area. This special district must be formally adopted
by Town Council.
Current Conditions
Staff inventoried newsracks in the CBD to determine the number and specific locations
of existing newsracks in 2009 and 2010 (Attachment 2). Since 2009, there has been
visible attrition of the publishing industry. In 2009 there were a total of 121 newsrack
units (some containing more than one publication) in 21 locations supporting 116
publications. In 2010, staff documented a 32% decrease in newsracks units and a 60%
decrease in publications. As of today, staff has documented another 12% decrease in
newsrack units and 39% in publications (Current Conditions Map - Attachment 3).
The Current Conditions Map identifies 16 clusters of existing newsrack units, three of
which are part of the Pilot Project on Main Street in front of Le Boulanger, Los Gatos
Roasting Company, and Willow Street, two along on East Main Street, and one at the
comer of University and Los Gatos - Saratoga Road in front of Hobees. The remaining 10
clusters are scattered along North and South Santa Cruz up to Highway 9 and all within
the CBD. Table 1 (Attachment 4) lists the number of publications at each cluster
location.
As per the Town's current Newsrack Ordinance, racks outside of the Historic District are
not regulated in terms of size, color, and newsrack type. Over the years, the racks outside
of the Historic District have been poorly maintained, vandalized, and left vacant with the
exception of a few.
Best Practice Research
Staff did a comparative study of newsrack ordinances of cities similar in size and /or in
community character. Communities including Campbell, Saratoga, Palo Alto, and
Sunnyvale (Murphy Street) enforce newsrack ordinances that specify the standards for
appearance and placement. Ordinances of all of the comparative cities contain guidelines
for regulating newsracks city -wide but only those racks that are on public streets and
sidewalks. Most ordinances included size /design criteria and general specifications
governing location of newsracks with additional restrictions that applied to historic areas
and special downtown districts.
Page 4 of 8
MAYOR AND TOWN COUNCIL /CHAIR AND MEMBERS OF THE
REDEVELOPMENT AGENCY
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 23 OF
THE TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING
INTO THE PUBLIC RIGHT -OF -WAY.
April 26, 2011
Proposed special newsrack district
Staff recommends the establishment of s Special Newsrack District in the CBD to
address the accessibility, safety, and appearance of newsracks in the downtown. The
District would comply with the Central Business District Streetscape Design and
Improvement Guidelines adopted in 1990. Newsracks would be consolidated to address
safety and accessibility concerns, bring uniformity and consistency to the design,
appearance, and location of newsracks, and reduce clutter on the narrow sidewalks.
Proposed Boundaries:
Attachment 1 shows the proposed boundaries of the Special Newsrack District. These
boundaries are consistent with those of the Central Business District Streetscape Design
and Improvement Guidelines which encompasses the C -2 zone as defined by the Town's
Zoning Map.
Newsrack Design:
The Pilot Newsrack Program implemented in December 2010 installed newsracks
(Attachment 5 — newsrack design) in the Historic District that were consistent with the
Central Business District Streetscape Design and Improvement Guidelines. Staff has
received positive feedback from the community regarding the newsrack aesthetics. As a
result, the following key design characteristics are proposed for modular newsracks in the
Special Newsrack District:
• Color: Modular racks in dark brown color will be required in compliance with the
Central Business District Streetscape Design and Improvement Guidelines.
• Stacking: The use of double- stacked racks is required to ensure the use of
minimal space along sidewalks. A maximum of six racks (three contiguous
double- stacked racks) are permitted per identified location.
• Fixed Location: For safety reasons modular units are permanently anchored to
their specified locations. Racks are mounted on fixed pedestals and bolted to
sidewalks. This is consistent with the Town's current ordinance.
• Style: The use of modular racks with convex or slanted tops is required to reduce
the possibility of accumulation of dirt and litter on top of the racks.
Proposed locations and number of newsracks:
The newsrack inventory documented a decrease in the use of racks by publishers in the
Downtown, as shown in the following table:
Page 5 of 8
MAYOR AND TOWN COUNCIL /CHAIR AND MEMBERS OF THE
REDEVELOPMENT AGENCY
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 23 OF
THE TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING
INTO THE PUBLIC RIGHT -OF -WAY.
April 26, 2011
Inventory Year
Newsrack Locations
# of Publications
2009
22
116
2010
18
46
2011
16
28
Staff has identified ten locations (Attachment 6) throughout the Central Business District,
three of which are located in the Historic District (Town's Pilot Program). The
remaining seven locations were identified using the following criteria:
1. An existing large cluster of modular /stand -alone racks;
2. Racks were full, not damaged, and contained current papers;
3. Located close to an eating establishment or cafe, easy to get to /operate, and safe;
and
4. Locations for the modular newsracks that best meet newsrack users' requirements
and carrier expectations.
The number of proposed newsracks at each location was determined based on existing
demand. The following table compares the existing number of newsracks to the number
of active publications in each rack to the proposed number of newsracks /publications at
each location:
Proposed Location
Location
Number of
Existing Racks
Number of
Publications
Number of Proposed
Racks/Publications
A
Summit Bicycles
7
3
4
B
Southern Kitchen
6
3
4
C
LG Roasting Company
6
3
6*
D
Le Boulanger
4
2
4*
E
Willow Street
2
2
2*
F
Los Gatos Cinema
6
2
2
G
Tandori Oven
6
3
4
H
Wells Fargo
5
2
2
I
Los Gatos Cafe
7
3
4
J
Hobees
8
5
6
TOTALS
73
28
38
*Pilot Program locations
Due to the stacked design of units, each location could handle an even number of racks
from 2 -6 per location. The number of each type of newsrack (paid or free) within a
modular unit will be determined based on the number of each type currently at each of
the proposed locations and in possession of a valid permit. This is similar to the process
Page 6 of 8
MAYOR AND TOWN COUNCIL /CHAIR AND MEMBERS OF THE
REDEVELOPMENT AGENCY
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 2' OF
THE TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING
INTO THE PUBLIC RIGHT -OF -WAY.
April 26, 2011
staff implemented in the Pilot Program area. In the event the demand for newsracks
increases over time, these proposed locations within the CBD could accommodate up to
60 modular compartments (i.e. 6 newsracks at each location).
Rack Ownership
The Town purchased the newsrack modular units for the Newsrack Pilot Program
implemented in the Downtown Historic District. This three month trial has given the
Public Works Department and Community Development Department staff an opportunity
to identify the benefits and challenges of this approach.
Staff recommends that the Town continue to be responsible to purchase, install and
maintain the newsracks of the proposed 38 units. Since the newsracks would be the
property of the Town, the ongoing maintenance and repair of the racks would be the
Town's responsibility. Newsrack users would be required to obtain permits from the
Town as per current code, prior to utilizing the rack.
At public outreach meetings held prior to the implementation of the Pilot Program,
distributors of the free publications had concerns about the Town maintaining the
newsracks. The carriers mentioned that they are prepared to service any box. However,
code enforcement staff has documented that a large portion of staff time and cost
involved with newsrack enforcement is committed to contacting and working with the
owners /distributors of the newsracks to address vandalism, poor condition, and vacancies
of the racks. Staff believes that these costs would actually decrease initially with the
Town's purchase, service, and maintenance of the units. Staff anticipates that the life
span of the units will be prolonged as the Town will be an active player in their
maintenance.
Staff is proposing to purchase 38 racks that will be located throughout the Special
Newsrack District. The ordinance requires that publishers and distributers utilize all of
these spaces prior to requesting a new rack be installed.
Prioritization:
The issue of prioritization arises when there are more publications than there are
available spots or when there are a number of publications competing for the same spots.
Staff did considerable research and also received feedback from distributors and
publishers regarding this issue at the public outreach meeting.
Cities employ different methods to allot priority locations to the publications. In some
cities, the newsrack users work cooperatively to reach an agreement on the assignment of
priority locations. Typically, spaces are assigned either on a first -come, first -served basis
Page 7 of 8
MAYOR AND TOWN COUNCIL /CHAIR AND MEMBERS OF THE
REDEVELOPMENT AGENCY
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 23 OF
THE TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING
INTO THE PUBLIC RIGHT -OF -WAY.
April 26, 2011
or based on frequency of publication. Some cities use a recurring lottery system, but this
option seemed more complicated and has been challenged in court in the recent past.
According to other cities, allocation based on historical presence at a given location has
been successful. Staff recommends prioritizing based on frequency of publication and
historical presence. Staff anticipates that the only time that prioritization would be an
issue would be initially when the new racks are put in place. In case a spot allocation
issue arises, it could be addressed using the prioritization methodology described above.
Once a space is allocated to a given publication, they could occupy that space until they
voluntarily choose to withdraw from that location.
Timing:
If Council adopts the proposed newsrack ordinance amendment it would become
effective 30 days after enactment. The distributors and publishers would be given a
reasonable time period (typically 120 days) to apply for permits whereby removal of
existing newsracks and installation of the new modular units will also occur.
Public input
Staff provided copies of the ordinance amendment to all publishers, operators, and
distributors that are currently active in newsracks downtown. 30 email notifications and
four letters were issued on Thursday, April 14. To date, only one publisher has
commented. Mike Switzer with the San Jose Mercury News expressed permit cost
concerns but felt the modular concept sounded reasonable.
The Los Gatos Chamber of Commerce has provided a letter of support for the proposed
amendments to the Newsrack Ordinance (Attachment 7).
CONCLUSION:
Newracks are a common element of any downtown street. Typically, newracks are
placed in areas that experience a high volume of pedestrian traffic to capture wider
circulation of publications. Newracks are important for the effective dissemination of
information to the public, but their scattered locations can create problems with access,
obstruct the flow of pedestrian traffic on sidewalks, and impede the use and maintenance
of existing street furniture. Randomly placed newsracks pose additional challenges for
the movement of pedestrians with physical disabilities. In addition, the proliferation of
scattered newsracks is visually unattractive when the newsracks are different colors,
shapes, and materials.
Page 8 of 8
MAYOR AND TOWN COUNCIL /CHAIR AND MEMBERS OF THE
REDEVELOPMENT AGENCY
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 23 OF
THE TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING
INTO THE PUBLIC RIGHT -OF -WAY.
April 26, 2011
Given the limited space available and increasing congestion throughout the downtown,
the Town has an interest in implementing a systematic approach to newsrack placement
to ensure equitable distribution of publications while maintaining safety and complying
with the American Disability Act (ADA). Aesthetically, the Town is interested in
complying with the design guidelines set forth in the Central Business District Design
Guidelines to promote and maintain downtown character.
The proposed Newsrack Ordinance amendments (Attachment 8) with the creation of the
Special Newsrack District will position the Town to achieve the goals identified 1N ithin
the Central Business District Design Guidelines and 2010 Council Strategies.
ENVIRONMENTAL ASSESSMENT
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT
As proposed, the Town will purchase 38 newsracks as identified in the staff survey.
Those 38 racks will be distributed throughout the Special Newsrack District. There will
be an initial cost of $12,000 exclusive of tax and delivery charges to purchase and install
the units. Funds are available in the Town Beautification Project budget. Public Works
staff anticipates an additional $250 -500 in potential annual maintenance costs.
The permit fee for each publisher per newsrack is $289. This is a one -time fee, but
would generate $10,982 if all racks become occupied. The newsrack fee will be used for
ongoing maintenance costs and for costs associated with permit issuance and
enforcement. In addition, an annual Business License fee is collected from each
publisher and /or distributor.
Attachments:
1. Proposed Special Newsrack District Map
2. 2009/2010 Newsrack Inventory Map
3. Current Conditions Map
4. Current Conditions Table
5. Proposed Newsrack Design
6. Proposed Newsrack Locations within Special Newsrack District
7. Chamber of Commerce — Letter of Support
8. Amended Newsrack Ordinance
f) T S 1
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CHAMBER OF COMMERCE
Board al Directors
1010.7011
Dianne Anderson
President
Anton' Las 60:.'
Gina Adams
Techtdrer Modest=,
Erika Brown
Pmrtr Mprty?yr Almon
Michael Caulkins
IFL frnomm)
Cleve Dayton
raianay Prn
Butch Harris
PGLE
David Hernandez
tat C#i9i Ault Scone, IM
Rita Marcojohn
We'., Gat Taut Pack
Janice McCabe
Janice MUCobe faimars
Patti Rice
The Spa -tes Galin
Us% Rhorer
On-C.^ Rrsmevnt d Wier fur
Treror Schwartz
PAS firpncid stoffes
Pam Snowden•Abella
ifemayr dunk of Commerce
Susan Stevens
Immediate Past President
Elryam larryts
Marie Tallman
William Saligmann
taw o;ftrs Cr
w4om R. sebt nann
tiunarary Director a Lryal Counsrf
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Bran :r spom9r
Discover Los Gatos
The Sp.-Los Gatos
Tall House Hotel
Les Gatos Auto Service, Inc.
Daft Meadow Dental Center
Alain Pinel Real Estate
Serann Group
Alameda Family Funeral 6
Cremation, Inc.
Camp di Bosco
Aventino Apartments
April 27, 2011
Town Council
Town Of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: Adoption of Newsrack Ordinance for the Downtown
Dear Council Members:
The Board of Directors of the Los Gatos Chamber of Commerce has
reviewed the ordinance written to implement a program with re-
spect to the design and placement of newsracks In downtown Los
Gatos. The Chamber of Commerce Is in support of the creation of a
special nevsrack district that would regulate the design and place-
ment of newsracks with the goals of improving the aesthetics, ADA
access and safety of the area.
This ordinance would stem the proliferation of newsracks that appear
overnight throughout the area, are poorly maintained and take away
from the look of Los Gatos. We applaud the Town's efforts in this
arena.
Sincerely,
Dianne Anderson. President
Los Gatos Chamber of Commerce
Ronee Nassi, Executive Director
Los Gatos Chamber of Commerce
ATTACHMENT 7
349 N. Santa Cruz Avrn m. Las Gatos, CA 95030 PH 406.354.9300 Fax 408.399.1594 v losgatoschamber.com
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Attachment 4
Cluster
Number of
individual
newsracks
Number of
publications
Location
A
7
3
Summit Bicycles
B
6
3
Southern Kitchen
C
6
3
LG Roasting Company
D
4
2
Le Boulanger
E
2
2
Willow Street
F
2
1
Shuz
G
6
2
Los Gatos Cinema
H
2
2
Tandori Oven
1
4
1
Green Papaya
J
5
4
Wells Fargo
K
2
2
Forbes Mill Steakhouse
L
4
1
ImageShack
M
6
3
Charles Schwab
N
2
1
Marbella Hair Salon
O
7
3
Los Gatos Cafe
P
8
5
Hobees
TOTALS
73
38
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ATTACHMENT 6
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Civic Center - -
ORDINAN 2011-
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 23 OF THE TOWN CODE
REGULATING NEWSRACKS LOCATED ON OR PROJECTING INTO
I Iwo 1N1UOII Cos :7[ oMKO]1 AI:�*
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
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 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
ATTACHMENT 8
(fl
fig)
sidewalks or street be minim ized 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.
It is intended that the provisions of this Article shall be consistent with
required accessibility standards under the American with Disabilities Act (ADA).
Accessibility standards 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.
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.
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.
Sec. 23.70.015. Definitions.
(a)
(b)
(c)
(d)
(e)
Abandoned newsrack. Any newsrack which has been left empty for a period of
thirty (30) days, except for any 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.
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.
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.
Roadway. As defined in the California Vehicle Code
Sidewalk. As defined in the California Vehicle Code.
Special newsrack district. Any area of the Town of Los Gatos so designated by the
Town upon findings that the special circumstances of the district require special
2
d esign, placement and other standards for newsracks.
(g) Special newsrack container. A specially designed, permanently affixed container
provided by or on behalf of the Town, within which shall be the exclusive location
for the placement of newsracks in a special newsrack district.
Sec. 23.70.020. Authority and Responsibilities.
The Community Development Director shall be responsible for ensuring compliance with this
ordinance, including, but not limited to, issuing permits and monitoring existing newsracks
within the Town to ensure compliance with design, placement, and maintenance standards.
Sec. 23.70.025. Requirements ofNewsrack Permit.
(a) The provisions of this Article shall be the exclusive requirements for newsrack encroaching
on Town property .
(b) Each newsrack distributor or its designee shall obtain a newsrack permit from the
Town prior to placing any newsracks into the public right -of -way or on public property.
The newsrack distributor or its designee shall attach to the permit application a
certificate of insurance showing that such person has in force and effect a policy for
liability and property damage endorsing the Town as an additional insured, in an
amount not less than $1,000,000. The policy of insurance shall remain in force at all
times while the newsrack is located in the Town. Evidence of insurance shall be
provided annually to Town and shall be a condition of the newsrack permit and
failure to maintain insurance and provide a current certificate of insurance to Town
may result in a suspension or revocation of the newsrack permit.
(c) A newsrack permit issued pursuant to this Article shall operate as an encroachment
permit and no separate permit pursuant to Section 23.30 (Encroachments) shall be
required.
3
(d) A newsrack fee has been established by the Town Council and no newsrack permit shall be
valid until payment of said fee. Any fee or fees adopted by the Town shall not exceed the costs
of processing permit applications, amendments, and renewals, as well as the costs of
maintaining newsrack modular units and enforcing this Article. The Community Development
Director may also require a bond or other form of security in an amount reasonably necessary
to ensure maintenance and removal of each newsrack authorized by the newsrack permit in the
manner required by this Article.
(e) The newsrack permit shall be reviewed on an annual basis and subject to annual affirmation
pursuant to the provisions of this Article. No later than July 1 of each year, each newsrack
registrant shall file a statement with the Town affirming the continued placement of the
registrant's newsracks that shall contain a list of the newsrack pen numbers and a
description of each newsrack's location.
(fl 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 application is complete and the type of newsrack and
location(s) proposed actually meet the standards set forth in this Article.
( 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.
(h) 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.
(i) All persons or distributors who obtain a newsrack permit shall also obtain and display an
identification/permit marker provided by the Town. Such marker shall be affixed to the
newsrack within plain view.
(j) 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.
(k) As required in Town Code §1.10.115, any permit holder shall defend, indemnify and hold
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harmless the Town and its officials and employees from any loss, liability, damage or cost
sustained by any person or property, to the extent that any such loss, liability, damage or cost
arises from the installation, operation - or use of 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 maybe 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 in length. 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 shall
approve permits for said location on a historical 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.
(e) A newsrack must also display the identification label required by Section 23.70.025(f) and
may display contact information described in Section 23.70.025(h). No other advertising
or displays are allowed on the exterior of a newsrack.
Sec. 23.70.035. Special Newsrack District.
(a) The Town Council hereby finds that special circumstances require special design,
placement and other standards for newsracks located in the following areas of the Town;
and such areas are hereby designated as a "special newsrack district':
(1) The Downtown C -2 Commercial Area.
(i) The Town Council hereby designates the downtown C -2 commercial area as
shown on Exhibit B as a special newsrack district
(ii) The Town has determined that the downtown C -2 commercial area is a unique area
of the Town and the area has become very congested, with street furniture and other
sidewalk encroachments, automobiles and other means of travel competing with
pedestrians for the public space. Because of numerous congestion and safety
complaints from merchants in the downtown C -2 commercial area and in light of
the special aesthetic concerns and the extensive pedestrian use of the area, special
regulation of newsracks in the downtown C -2 commercial area is necessary. In
light of the unique conditions in the downtown C -2 commercial area, the Town will
install special newsrack containers.
(iii) Use of special newsrack containers is mandatory. Within the downtown C -2
commercial area, no non - conforming newsrack container may be installed. If
adequate space in existing special newsrack containers does not exist, the Town
shall install a special newsrack container within 90 days or shall permit the
applicant to install a newsrack adjacent to the special newsrack container until such
time as the Town installs a new or expanded special newsrack container.
Sec. 23.70.040. Placement and Standards
(a) No person shall install, stock, use or maintain any newsrack which projects onto, into or over
any part of the roadway or any public right -of -way, street, or which rests, wholly or in part,
upon, along or over any portion of a roadway. 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.
(b) In any national, state or locally designated historic district, and in the Central Business
District Commercial Zone (C -2), 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 Town, operators, publications, or by separate vendor by agreement with
the Town. 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.
(c) 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 abuilding. 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 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.
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;
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 mounted
in sidewalk.
k. If the Community Development 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 Community Development
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. Abandoned newsracks shall be
unlawful, and may be removed by the Town or its designee pursuant to the provisions of this
Article.
(b) Upon the removal of a newsrack, the public right -of -way shall, at pennitees sole expense, be
returned to its original condition including but not limited to the refilling of holes installed for
purposes of placing newsracks.
See. 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 as provided in this Section and impounded at a place
convenient to the Town.
Except for violations that pose an immediate threat to public health safety, or welfare, before any
newsrack is removed, relocated, or corrected by the Town, 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.
If immediate action is taken by Town to preserve health, safety, or welfare, notice shall be
provided after the newsrack was removed, relocated or corrected.
(c) Any person notified under Section 23.70.050 (b) may submit a written request to the Town Clerk
for a hearing before the Town, which hearing shall be held not less than ten (10) business days
after the request was 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) business 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 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 Section. Such person shall be
notified of the removal.
(e) Removed or impounded newsracks shall be retained by the Town or its designee and maybe
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.
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( 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 Community Development 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 in accordance with Town requirements for posting. The
Commission will hear the appeal de novo and consider all relevant facts and 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 in accordance with Town requirements
for posting. 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 and/or otherwise brought into conformance with this Article according to the
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following schedule
(1) For newsracks in Historic and Special Newsrack 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.
(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 immitigable obstruction to either pedestrian or vehicular traffic.
SECTION
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on
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
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS
GATOS LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA
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