HomeMy WebLinkAboutOrd 09-90 NewsracksORDINANCE NO. 9 - 90
AN ORDINANCE OF THE CITY OF DUBLIN
AN ORDINANCE RELATING TO NEWSRACKS
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Dublin does
hereby find and declare:
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. Public streets, sidewalks and rights-of-way are public
forums and their reasonable use in sale, distribution and
circulation of newspapers is a constitutionally protected right.
C. Newspaper vending within the public rights-of-way and
other public property can be accomplished without unreasonably
interfering with the normal and reasonable use of these areas by
the public.
D. 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
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eliminated; damage done to sidewalks or streets 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.
E. The regulation of the sale or free distribution of
newspapers and other publications dispensed in newsracks as set
forth in this chapter 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 to the citizens of the City.
ARTICLE 1. GENERAL PROVISIONS
Section 2. Reqistration Required.
Any person placing or maintaining any newspaper vending
device which dispenses newspapers and/or other publications
(hereinafter "newsrack") on or projecting into any public street
which includes but is not limited to, any highway, alley,
sidewalk, park, parkway mall, parking lot, plaza or other public
property or right-of-way, shall register such newsrack(s) with
the City Engineer, or his designee, within 24 hours of such
placement.
Section 3. Provisions Supersede Encroachment
Regulations.
The provisions of this Chapter shall supersede the
provisions of Ordinance No. 15-89 relating to encroachments
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except to the extent specifically incorporated or referenced
herein.
Section 4. Registration Form.
Registration of a newsrack shall be made with the City
Engineer on prescribed forms containing the information required
by §§ 6 and 7. One registration form may be filed for any number
of newsracks placed on the streets in accordance with the
provisions of this Ordinance.
Section 5. Registration - No Fee.
No fee or bond shall be required for the registration of a
newsrack.
Section 6. Contents of Registration Form.
The newsrack registration form shall state the name, address
and telephone number of those responsible for installation, use
and maintenance of the newsrack(s) subject to the registration.
Section 7. Insurance and Indemnification.
As a part of a registration under this Article, the
registering party or newsrack owner (hereinafter "owner") shall
furnish to the city a certificate showing that such person has
then in force public liability and property damage insurance,
naming the City as an additional insured, in an amount not less
than $1,000,000 (one million). The newsrack owner shall provide
and keep in force that policy of public liability insurance
during such time as it continues to locate any newsrack under the
terms of this Ordinance. The evidence of insurance filed with
the City shall include a statement by the insurance carrier that
thirty (30) days unconditional notice will be given to the City
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before any cancellation. If an owner presents credible evidence
demonstrating an inability to comply in good faith with any of
the foregoing insurance requirements, the City Manager or his
designee shall waive the subject insurance requirement(s).
In addition, the application shall contain a provision
wherein every person operating or maintaining a newsrack upon the
streets of this City shall agree to indemnify and hold harmless
the city, its officers and employees, from any loss, liability,
damage, or cost sustained by any person or property, to the
extent any such loss, liability, damage or cost arises from the
installation, opera%ion, or use of such newsrack; provided,
however, that such obligation to indemnify and hold harmless the
City, its officers and employees shall not extend to any loss,
liability, damage or cost resulting from the acts, failure to
act, or property of a person other than the owner.
Section 8. Term of Registration.
The registration completed pursuant to this Ordinance shall
remain in effect until all newsracks are abandoned or impounded.
ARTICLE 2. LOCATION AND TYPE OF PERMISSIBLE NEWSRACKS
Section 9. Identification.
Every newsrack owner shall permanently affix to each
newsrack the owner's name, address and phone number as required
by Business and Professions Code § 17570.
seCtion 10. Location and Placement of Newsracks.
No newsracks shall be installed, used, or maintained in any
location upon public property, within rights-of-way, or within
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public easements adjacent to streets where such installation,
use, or maintenance endangers the safety of persons or property,
or interferes with public utility, public transportation, or
other government use, or unreasonably interferes with or impedes
the flow of pedestrian, bicycle, wheelchair, or vehicular
traffic, the ingress into or egress from any residence, place of
business, or any legally parked or stopped vehicle, or the use of
traffic signs or signals, hydrants, or mail boxes. Without
limitation of the foregoing, the following specific standards
apply:
(a) When a sidewalk is contiguous to a street curb,
newsracks shall be placed on the back of the sidewalk
away from the curb so that the back edge of the
newsrack is no farther than six (6) inches from the
back edge of the sidewalk.
(b) When a sidewalk is separated from a street by a planter
strip, newsracks may be placed on either side of the
sidewalk so that the back edge of the newsrack is no
farther than six (6) inches from either edge of the
sidewalk, or with the permission of the City Engineer,
in the planter strip; newsracks may not be placed
within twenty-four (24) inches of the face of curb,
(c) When a newsrack is placed adjacent to the wall of any
building, the newsrack shall be placed with its long
axis parallel to the building and with the back edge of
the newsrack at least six (6) inches away but no more
than twelve (12) inches away from the building.
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(d) Clear space for pedestrian/bicycle passage shall be
maintained as follows:
(1) on bicycle-pedestrian paths, at least eight
(8) feet clear space, provided no newsrack
shall be placed on the paved portion of such
path.
(2) on sidewalks of eight (8) feet or less in width,
at least three (3) feet clear space.
(e) No newsrack shall be installed, used, or maintained
within the following distances, measured parallel to
the street unless otherwise indicated, from the
following:
(1) within three (3) feet of any marked crosswalk;
(2) within the area adjacent to the curb return of any
intersection with unmarked crosswalks;
(3) within a five (5) foot radius of any fire hydrant,
traffic controller box, or other emergency
facility;
(4) within three (3) feet of any driveway, entrance to
a building, or sidewalk leading to the entrance, of
a building;
(5) in front of, or so situated so as to impede access
to or from, any bus bench or shelter or access to
or from public transit;
(6) within three (3) feet of any no parking or
stopping zone, unless the newsrack is located on
the side of the sidewalk farthest from the street;
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(7) within the limits of a handicap ramp; and
(8) within any area found to be a safety problem by
the City Engineer in accordance with the standards
established by this Section.
The City Engineer may require a newsrack owner to move a
newsrack if the City Engineer determines that the placement of
the newsrack does not meet the criteria of this section.
Section 11. Permissible Types of Newsracks.
a. Multi-Unit Confiqurations. Newsracks in a multi-unit
configuration standard in trade use permanently affixed
to the ground in a manner conforming to a standard
detail for permanent installation of newsracks as
established by the City Engineer shall be permitted as
follows:
(1) Central Business District. In recognition of the
business oriented aspects of the area bounded by
San Ramon Road, Amador Valley Boulevard, Village
Parkway and Dublin Boulevard, and along Dublin
Boulevard between Hansen Drive and Dougherty Road,
which in this Article shall be designated the
Central Business District (CBD), where four or
more newsracks are or would be placed immediately
adjacent to each other within the CBD, multi-unit
configuration shall be used.
(2) Areas Outside the CBD. Multi-unit configurations
shall also be permitted in areas outside the CBD.
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b. Sinqle-Unit Confiqurations. Any single newsrack of
standard design commonly in trade use may be either
movable or permanently affixed to the ground in the
following circumstances:
(1) In any location in the CBD where use of a multi-
unit configuration is not practical or is not
required by Section (a) (1) above.
(2) In any location outside the CBD.
Section 12. Attachinq Newsracks to Other Property.
A newsrack shall not be chained, bolted, or otherwise
attached to public property or any property not owned by the
owner of the newsrack without the consent of the owner of the
property. Newsracks shall not be chained, bolted, or otherwise
attached to any shrub, tree, tree stake, or other plant nor
situated upon any landscaped area, unless approved by the city
Engineer.
Section 13. Newsrack Maintenance.
Each newsrack shall be maintained in a neat, graffiti free
clean condition and in good repair at all times and shall be
painted on a regular basis. Newsracks that are damaged or
defective shall be replaced or repaired as soon as is practical,
unless the owner wishes to abandon the location, in which event
the owner shall promptly remove its newsrack. When use of any
newsrack is permanently discontinued, it shall be removed and the
location restored to its previous condition, normal wear and tear
excepted. A newsrack which is unused for six months shall be
presumed to be permanently discontinued. No newsrack shall be
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used for advertising signs or publicity purposes other than the
one concerned with the display, sale, or distribution of the
newspaper distributed frOm it.
Section 14. Correction or Impoundment of Newsracks.
(a) The city Engineer may:
(1) Immediately correct any violation of Section
10 or 13 and shall do so without impounding
if such correction can be accomplished
simply, easily, quickly and without
substantial public expense;
(2) Immediately remove and impound'any newsrack
in violation of this Ordinance if the
violation is creating a dangerous or
hazardous condition which cannot be corrected
under subparagraph (a) (1) above. Notice of
such action and the right to request a
hearing shall be mailed to the owner within
two working days after such action;
(3) Notify the owner maintaining a newsrack found
in violation of this Ordinance, by mail, that
unless the violation is corrected or a
hearing requested, within seven working days
of the date of the notice, that the newsrack
will be impounded; or
(4) Impound any newsrack in accordance with the
decision of any hearing requested pursuant to
this Ordinance.
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Section 15. Hearings on Impoundment.
(a) Any owner aggrieved by a decision under Section 14
(a) (2) or (3) may request a hearing before the
City Manager at any time within seven working days
of the date of notice under Section 14 (a) (2) or
(3).
(b) A hearing shall be held, within seven Working days
of the request for a hearing. At the hearing, any
person may present evidence or argument as to
whether the newsrack should not be impounded or
should be returned without payment of an impound
fee.
(c) The City Manager shall render a written decision
within five working days'after the close of the
hearing. The decision of the City Manager shall
be final.
Section 16. Return of Impounded Newsracks.
(a) The owner may, at any time up to and including the
30th day after the impounding, and if a hearing is
held concerning the newsrack at any time up to and
including the 30th day after the written decision,
obtain a return of the newsrack and its contents,
upon paying an impound fee of $25.00 plus the
reasonable additional cost, if any, of impounding
the newsrack in excess of $25.00, unless such fee
is waived.
Section 17. Disposal of Impounded Newsracks.
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If a hearing on the impounding of the newsrack is not timely
requested or if the newsrack is not returned in accordance with
the provisions of this Ordinance, the City Engineer may sell or
otherwise dispose of the newsrack, and its contents, and deposit
the proceeds, if any, from any such sale or other disposition,'
and any moneys contained in said newsrack, in the City's general
fund.
Section 18. Posting and Effective Date.
This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage. The city Clerk of
the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance
with Section 36933 of the Government Code of the State of
California.
PASSED, APPROVED AND ADOPTED this 25th day of
June , 1990, by the following vote:
AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder, and
Mayor Moffatt
NOES: None.
ABSENT: None.
ATTEST:
/"£./
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.... (¢.t7 Clerk
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