HomeMy WebLinkAbout1680 - ORDINANCES - 1/4/2006 ORDINANCE NO. 1680
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING SECTIONS 4.16.461 THROUGH
14.16.466 OF, ADDING SECTION 11.72.111 AND 14.16.105
TO, AND ADDING CHAPTER 14.26 TO, THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT
OF STANDARDS FOR NEWSRACKS AND PUBLICATION
VENDING MACHINES
City Attorney Summary
This ordinance amends existing provisions of the City's
Municipal Code relating to newsracks and publication vending
devices by re-codifying and amending the these provisions as a
separate Chapter in the Municipal Code. This ordinance
provides expanded comprehensive standards and
requirements within the entire City as well as additional design
and location requirements for the Downtown area of the City.
The Council of the City of Palm Springs finds:
A. The City Council of the City of Palm Springs enacted in 1976 Palm Springs
Municipal Code Sections 14.16.461 - 14.16.466, establishing certain standards for
publication vending machines.
B. The City Council finds and declares that the lack of enforcement of its current
regulations for newsracks and similar newspaper and vending devices within the City and
the lack of regulations for certain aspects of such newsracks have allowed some newsrack
proprietors to continue using newsracks and similar devices which are physically
deteriorated and otherwise aesthetically displeasing and in some instances constitute a
threat to public health, safety and welfare.
C. The City Council finds and declares that its current regulations for newsracks within
the City improperly allow the proliferation of newsracks and, in some instances, constitute
a threat to public health, safety and welfare by impeding pedestrian traffic, interfering with
ingress and egress to and from buildings and impeding vehicles and public transportation.
D. The City Council further finds that additional standards and regulations for
newsracks are necessary and desirable for the preservation and enhancement of the
appearance of the City's unique and charming downtown shopping district and the
improvement of pedestrian and traffic safety in the downtown by maintaining clearer sight
limes for both pedestrians and drivers.
E. The City Council desires to adopt this ordinance to enact updated and more
thorough regulations for newsracks.
Ordinance No. 1680
Page 2
NOW THEREFORE, the City Council of the City of Palm Springs ordains: '
SECTION 1. Section 11.72.111 is added to the Palm Springs Municipal Code to read:
11.72.111 Newsracks Violations.
Any newsrack or publication vending device installed or maintained in violation of Chapter
14.26 is a public nuisance.
SECTION 2. Section 14.16.105 is added to the Palm Springs Municipal Code to read:
14.16.105 Conflicts with Existing Facilities, improvements, and Encroachments.
The applicant shall design, plan, install, and maintain the encroachment in such a manner
that the applicant's encroachment will not unreasonably interfere with existing facilities,
improvements, and encroachments within the public right of way. The determination of
whether an encroachment unreasonably interferes with an existing facility, improvement,
or encroachment will be made by the director. The applicant's encroachment shall not be
constructed, installed, or maintained in a manner that would make any existing
encroachment non-conforming under the standards and requirements of this Title.
SECTION 3. Sections 14.16.461 through 14.16.466, inclusive, of the Palm Springs
Municipal Code are repealed. In repealing these specific provisions, the Council finds that
the content of these provisions have been appropriately amended, renumbered, and
incorporated as a part of the provisions of Section 3 of this Ordinance.
SECTION 4. Chapter 14.26 is added to the Palm Springs Municipal Code to read:
Chapter 14.26
Newsracks and Publication Vending Devices
Sections:
14.26.010 Intent.
14.26.015 Purpose.
14.26.020 Definitions.
14.26.030 Installation and Newsrack Standards.
14.26.040 Special Requirements for Newsracks in the Palm Springs Downtown
Area.
14.26.050 Permit Required.
14.26.060 Time for Issuance of Permits.
14.26.070 Priority for Permits. '
14.26.080 Permit Renewal.
14.26.090 Maintenance Standards.
14.26.100 Newsracks in Violation of this Chapter.
Ordinance No. 1680
Page 3
14,26,110 Revocation of Permit.
14.26.120 Nuisance and Abatement.
14.26.130 Removal of Newsracks for Public Purpose.
14.26.140 Binder Racks Requirement
14.26.150 Nonconforming Abatement Period for Existing Racks.
14.26.160 Business License.
14.26.170 Appeals.
14.26.010 Intent.
A. The City of Palm Springs is an internationally known destination resort which
attracts visitors due to its unique natural beauty, climate, variety of hotels and charming
downtown shopping district. Maintenance of the special character of its shopping areas is
vital to the City's success.
B. It is in the public interest to establish regulations that balance the right to distribute
information through newsracks with the right of persons to reasonably access and use
public property. The City Council wishes to provide for the placement of newsracks,
strands, containers and similar newspaper and publication vending machines to provide a
forum for communication while preserving the convenience of those using the public
rights-of-way. Newsracks placed and maintained on public property, absent some
reasonable regulation, may unreasonably interfere with the use of such property, and may
present hazards to persons or property. The regulations contained in this Chapter are in
lieu of the encroachment permit regulations in Chapter 14.16 which would otherwise
govern such structures.
C. 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 streets be minimized and repaired; the good appearance of public property 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, and the
enjoyment of store window displays on, properties adjoining public property be protected.
El. The City Council of the City of Palm Springs finds that newsracks, stands,
containers, and similar newspaper and publication vending devices have proliferated and
increased in certain areas of the City to the extent that they are producing visual clutter
and degrading the quality of these resort and shopping areas.
E. Moreover, the City of Palm Springs finds that the City is an extremely popular tourist
destination with unusually high pedestrian and vehicular traffic volumes. The proliferation
of newsracks in certain areas of the City creates undue interference with pedestrian and
traffic circulation and increased safety hazards. For these reasons, the City Council finds
' that it is necessary to specifically limit the number of locations and spaces for newsracks
and other publication vending devices.
Ordinance No. 1680
Page 4
F. The regulations on the time, place and manner of the placement, location and
maintenance of newsracks set forth in this chapter are carefully tailored to ensure that the
purposes stated in this section are implemented while still providing ample opportunities
for the distribution of news to the public.
14.26.015 Purpose.
A. The purpose of this Chapter is to promote the public health, safety, and welfare
through the regulation of placement, appearance, number, size, and servicing of
newsracks on public rights-of-way so as to:
1. Provide for pedestrian and driving safety and convenience;
2. Prevent unreasonable interference with the flow of pedestrian or vehicular
traffic including ingress into, or egress from, any residence, place of business, or
from the street to the sidewalk, by persons exiting or entering parked or standing
vehicles;
3. Provide reasonable access for the use and maintenance of sidewalks, poles,
posts, traffic signs or signals, hydrants and mailboxes, and access to locations used
for public transportation services;
4. Reduce visual blight on the public rights-of-way and protect the aesthetics of
store window displays, public landscaping and other improvements;
5. Maintain and protect the value of surrounding properties;
6. Reduce exposure to the City to personal injury or property damage claims '
and litigation;
7. Protect the right to distribute information which is protected by State and
Federal constitutions through the use of newsracks.
B. It is not the intent of this Chapter to in any way discriminate against, regulate, or
interfere with the publication, circulation, distribution, or dissemination of any newspapers.
14.26.020 Definitions.
For the purpose of this Chapter, certain words and phrases are defined in this Section,
unless it is apparent from the context that a different meaning is intended:
"Approved newsrack base" means a newsrack base which conforms to specifications
approved by the Director, as defined below. All pedestals shall be at least three (3) inches
in height.
"Blinder rack" means a newsrack that is constructed or modified so that no less than the
bottom two-thirds of the printed material is obscured from view.
"Block" means one side of a street between two (2) consecutive intersecting streets.
"Business day" shall mean Monday through Friday, inclusive, of every week excepting ,
holidays for which the City is closed to official business.
Ordinance No. 1680
Page 5
"Daily publication" means a publication with no fewer than five (5) new editions per week.
"Director" means the City Manager or the City Manager's designee. The Director is hereby
designated as the administrative enforcement official for this Chapter and may issue a
compliance order.
"Harmful matter" has the meaning set forth in Section 313(a) of the California Penal Code,
or in any successor provision.
"High density newsrack area" means a block in which it is likely that there will be more
applications for newsracks than there will be permits issued for newsracks under the
standards set forth in this chapter.
"Iewsrack" means any approved self-service or coin-operated box, container, storage
unit, or other dispenser or publication vending device of any kind installed, used, or
maintained for the display and distribution of newspapers or other periodicals.
"Newsrack space" means the surface area in the public right-of-way sufficient to
accommodate a newsrack.
"Parkway" means that area between the concrete sidewalk and the curb of any street
surfaced with interlocking concrete pavers. Where no interlocking concrete pavers
"parkway" exist, the parkway is that area between the property line/right-of-way line and
the curb.
"Palm Springs Downtown Area" means that portion of the City within the boundaries of
both sides of Alejo Road on the north, Ramon Road on the South, Belardo Road/Museum
Drive on the West and Indian Canyon Drive on the East. This area includes both sides of
Palm Canyon Drive, Amado Road, Andreas Road, Tahquitz Canyon Way, Arenas Road
and Baristo Road within such boundaries.
"Permit" means a permit issued pursuant to this chapter which allows for the placement of
a newsrack within a specifically designated portion of a public sidewalk or parkway.
"Person" means any individual, firm, company, corporation or other organization.
"Public sidewalk" means any surface dedicated to the use of pedestrians by license,
easement, and operation of law or by grant to the city.
"Public street" means all of that area dedicated to public use for public street and sidewalk
purposes and includes, but is not limited to, roadways, parkways, alleys, service drives
and sidewalks.
"Roadway" means that portion of a public street improved, designed or ordinarily used for
vehicular travel.
Ordinance No. 1680
Page 6
"Shared permit" means a permit issued to a person as a primary applicant providing for the
sharing of a newsrack among specified publications as long as all of the standards of this '
chapter are otherwise met. The primary applicant shall be considered the permittee for all
purposes under this chapter except as explicitly set forth in this chapter.
14.26.030 Installation and Newsrack Standards.
Any newsrack which, in whole or in part, rests upon, in or over any public sidewalk,
parkway or similar public right-of-way shall substantially comply with the following:
A. Newsracks shall not project onto, into, or over any part of the roadway of any public
street and any newsrack located near a curb shall be placed not less than eighteen (18)
inches nor more than twenty-four (24) inches from the edge of the curb. Newsracks placed
adjacent to the rear of the sidewalk shall be placed parallel to the wall and at least six
inches from the wall.
B. Newsracks shall not be chained, bolted, or otherwise attached to any private
property without the consent of the property owner and newsracks shall not be chained,
bolted, or otherwise attached to any public property without the express approval of the
Director.
C. Newsracks may be placed immediately adjacent to one another, provided that no
more than 3 newsracks shall be placed next to each other. Each group of attached '
newsracks shall be separated by eighteen (18) inches or more. The City Engineer shall
determine, consistent with the purposes of this Chapter, and the standards herein, the
number of newsracks that can be bolted, attached or grouped in a particular location on a
location by location basis.
D. Newsracks shall not be placed, installed, used, or maintained in a manner that
endangers the safety of persons or property, or in a manner that unreasonably impedes or
interferes with the flow of pedestrian or vehicular traffic, the ingress into or egress from any
residence, place of business, or any legally parked or stopped vehicle. In furtherance of
these requirements, a newsrack which in whole or in part rests upon, in, or over any
sidewalk or parkway or other public property shall not be placed, installed, used, or
maintained:
1. Within ten (10) feet of any marked crosswalk;
2. Within fifteen (15) feet of the curb return of any unmarked crosswalk;
3. Within ten (10) feet of any fire hydrant, fire call box, traffic signal controller,
police call box or other emergency facility;
4. Within ten (10) feet of any driveway or alley approach;
5. Within five (5) feet ahead and thirty-five (35) feet to the rear of any sign
marking a designated bus stop;
6. Within six (6) feet of any bus bench;
7. Within three (3) feet of any utility meter, manhole, service box, parking meter, '
street light pole or other utility;
8. At any location whereby the clear space for the passageway of pedestrians
would be reduced to less than six (6) feet in the Palm Springs Downtown Area and
Ordinance No. 1680
Page 7
less that four (4) feet for the all areas of the City outside of the Palm Springs
Downtown Area;
9. Within three (3) feet of any permitted sidewalk dining area or area improved
with lawn, flowers, shrubs, or trees or within three (3) feet of any display window of
any building abutting the sidewalk or parkway or in such manner as to impede or
interfere with the reasonable use of such window for display purposes unless an
engineering study in a high density newsrack area concludes that a minor variance
is consistent with the purposes of this Chapter;
10. Within the boundary of a valet parking zone or loading/unloading zone;
11. At any location where street furniture may not generally be installed because
of potential harm to subterranean structures;
12. Within 250 feet of another newsrack containing the same newspaper or
periodical except where separated by a street or comer or where: (1) a newspaper
demonstrates that there is insufficient room in one machine for the newspapers
which may be sold in one day, or (2) a newspaper demonstrates that it publishes
more than one edition of the newspaper for sale at the same time; and
13. Facing another newsrack, divided only by the width of a public sidewalk or
public pedestrian wall.
E. The name, address, and telephone number of a responsible person who may be
contacted at any time concerning the newsrack shall be displayed on the hood of a
newsrack in such manner as to be readily visible to and readable by a prospective
customer.
F. Newsracks shall not carry any advertising and shall not be used for advertising
signs or publicity purposes, except:
1. The name of the newspaper or periodical being dispensed on the face of the
newsrack or the side of the newsrack; and
2. Rack cards contained in card pans, limited solely to the display, sale, or
purchase of the newspaper or periodical being dispensed, which are attached to
and located on the front or back of the newsrack and do not exceed fifteen (15)
inches in height and twenty-two (22) inches in length.
G. Newsracks shall be kept clean and maintained in good working order at all times,
freshly painted and with unbroken hoods. Newsracks shall be regularly serviced so that
the each publication is reasonably available consistent with the publication dates and
practices of the respective publisher.
H. Frames and racks for newsracks shall be: (1) at least forty-eight (48) inches in
height and shall not exceed fifty-two (52) inches in height, including the base or pedestal
and any coin mechanism; (2) at least twenty (20) inches and no more than thirty (30)
inches in width: and at least twelve (12) inches and no more than twenty (20) inches in
thickness. The top of the coin mechanism shall not be more than six (6) inches above the
top of the newsrack. Each newsrack shall be installed on a base or pedestal which shall be
at least three (3) inches in height. Mounts shall be bolted in place in accordance with
specifications provided by the Director and shall be painted flat black.
J
Ordinance No. 1680
Page 8
J. The design of a newsrack shall not create a danger to the persons using the
newsrack in a reasonably foreseeable manner. All newsracks shall comply with all '
applicable federal, state, and local laws and regulations including, without limitation, the
Americans with Disabilities Act and other laws and regulations relating to barrier-free
design.
K. Newsracks shall conform to such other specifications as may be required or
specified by the Director.
14.26.040 Special Requirements for Newsracks in the Palm Springs Downtown Area.
A. The City Council finds that special circumstances require special design, placement,
and other standards for newsracks located in the Palm Springs Downtown Area. The City
Ccouncil finds that the Palm Springs Downtown 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; and that special standards for the design
and location of newsracks, which may include a program for the furnishing and installation
of street furniture, and the enforcement of existing regulations for other encroachments in
the Palm Springs Downtown Area, will help to create a sense of order out of chaos and
provide a friendly environment for those who come to the area.
B. Notwithstanding any contrary provisions in this Chapter, the following special
standards shall apply to newsracks and the placement of publications in newsracks within
the Palm Springs Downtown Area:
1. Newsracks shall be permitted at only 20 locations as indicated or otherwise
specified by the Director on a map of the Palm Springs Downtown Area on file in the
Office of the City Clerk. The Director may increase or decrease the number of
locations, depending upon seasonal, event, or demand requirements, in order to
implement the results or recommendations of a location study utilizing the standards
and requirements set forth in this Chapter.
2. Each location shall accommodate up to a maximum of 6 newsrack spaces.
The 6 newsrack spaces shall be divided into 2 groups with a maximum of 3
newsrack spaces in each group. Each group shall be separated by eighteen (18)
inches or more.
3. Newsracks shall be painted gloss white on all sides and the mount shall be
painted gloss black.
14.26.050 Permit Required
A. It is unlawful to install, place, maintain, or cause to be placed, installed, or
maintained a newsrack on, or projecting on, any public property without first receiving a
permit from the Director and unless such newsrack is in compliance with the provisions of
this Chapter; provided that, except for newsracks proposed to be located within the Palm
Springs Downtown Area, a newsrack located on public property as of May 11, 2005, may
continue to remain in such location, under the following conditions:
1. The newsrack is in compliance with all of the requirements for the installation
and maintenance of newsracks contained in this Chapter;
Ordinance No. 1680
Page 9
2. A permit application for such newsrack has been filed as of that date with
the city engineer by the duly authorized representative of both the publisher and, if
applicable, any independent distributor authorized to service the publisher's
newsrack; and
3. A permit pursuant to such application has not been denied with respect to
any such newsrack.
If a permit application has been not been filed by that date by the duly authorized
representative of both the publisher and, if applicable, any independent distributor
authorized to service the publisher's newsrack, or such permit is denied, such newsrack
shall be deemed to be in violation of the provisions of this Chapter.
B. Applications for a newsrack permit for one or more newsracks shall be made to the
Director on a form prescribed by the Director, which shall include, without limitation:
1. The name, street and mailing address, and telephone number of the
applicant, which hall be the duly authorized representative of both the publisher
and, if applicable, any independent distributor authorized to service the publisher's
newsrack for which the permit is sought.
2. The name, street, and mailing address and telephone number of the
distributor or other responsible person whom the city may notify or contact at any
time concerning the applicant's newsrack(s).
3. The number of proposed newsracks and a description of the exact proposed
location (including a map or site plan, drawn to scale, with adequate locational
information to verify conformance with this chapter) and the proposed means of
affixing each proposed newsrack;.
4. A description of each proposed newsrack, including its dimensions, the
number of publication spaces it will contain, a photograph and/or model number of
the type of newsrack being proposed; and whether it contains a coin-operated
mechanism.
5. The name and frequency of publication of each publication proposed to be
contained in each newsrack.
6. A statement in a form approved by the City Attorney signed by the applicant
that the applicant agrees to indemnify, defend, and hold harmless, the City and its
representatives from all claims, demands, loss, fines, or liability to the extent arising
out of or in connection with the installation, use, or maintenance of any newsrack on
public property by or on behalf of any such person, except such injury or harm as
may be caused solely and exclusively by the negligence of the City or its authorized
representatives.
7. A statement in a form approved by the City Attorney signed by the applicant
that the applicant agrees, upon removal of a newsrack, to repair any damage to the
public property caused by the newsrack or its removal.
8. Proof of insurance acceptable to the Director showing that the applicant is
covered by a policy of general liability insurance, naming the City as an additional
insured, in an amount, form, and coverage requirements as may be specified from
time to time by the Director for any injury to persons and/or damage to property by
reason of installation, use, and maintenance of the newsrack on public property.
The applicant shall provide and keep in force that policy of public liability insurance
Ordinance No. 1680
Page 10
during such time as it continues to operate any newsrack under the terms of this
Chapter. If the insurance is canceled at any time during the term of the permit, it
shall be grounds for revocation of the permit.
9. An agreement in a form approved by the City Attorney that the applicant
agrees to conform to the requirements of this Chapter.
10. Payment of any processing fee, as may be established by resolution of the
City Council.
D. In the case of a shared permit, all of the information set forth in Subsection C of this
Section must be supplied for all of the publications proposed to be sharing the newsrack.
In addition, the primary applicant shall assume responsibility and authority for complying
with all of the standards of this chapter for the shared permit, and all publications sharing
the newsrack must assent to the assumption of responsibility and authority by the primary
applicant.
E. Applications will not be accepted for geographic locations which are then
unavailable due to construction activity.
14.26.060 Time for Issuance of Permits.
A. A permit shall be granted, denied or granted conditionally within twenty (20)
business days after a completed application is filed, unless the study described in Section
14.26.070-A is undertaken, in which case it shall be granted, denied, or granted
conditionally within twenty (20) business days of the Director's approval of the study by the
Director.
B. The Director shall formulate and administer an accelerated implementation program
that will commence on the effective date of this Chapter and end ninety (90) calendar days
thereafter. Fees for the accelerated implementation program shall be established by
resolution of City Council and shall be in an amount that does not exceed the cost of the
administration and implementation of the program. All applications received during the
accelerated implementation program shall be deemed filed as of the last day of the
accelerated implementation program, so that priority will not be given for any location
based upon the time the application was submitted, and shall be granted, denied, or
conditionally granted within the time frames specified in Subsection A of this Section,
unless a study pursuant to Section 14.26.070-A is undertaken, in which case it shall be
granted, denied, or granted conditionally within twenty (20) business days of the Director's
approval of the study. The Director shall give notice of the commencement of the
accelerated implementation program by publication once in a newspaper of general
circulation in the City and shall endeavor to mail notice thereof to the owners and/or
distributors of newsracks existing on the effective date of this Chapter; provided, however,
that failure to provide mailed notice to any person shall not invalidate any action taken
pursuant to this Section or this Chapter.
Ordinance No. 1680
Page 11
14.26.070 Priority for Permits
A. There is a rebuttable presumption created by this Section that, within one block, 18
is the maximum number of newsracks which can be accommodated in a block under the
standards of Section 14.26.030. The Director, however, may establish a number greater or
less than 18 in any specific block by conducting a location study utilizing the standards and
requirements set forth in this Chapter . Such a study shall be conducted in any areas in
which the Director reasonably identifies as a high density newsrack area and where such
areas are identified within sixty (60) days of the effective date of this Chapter, such studies
shall be completed as a part of the accelerated implementation program.
B. If a permit application for a specific geographic location on a block is received and
such geographic location complies with the standards set forth in Section 14.26.030 and,
all other requirements of this Chapter are met, applications shall be approved on a first
come, first served basis, except that all applications accepted during the accelerated
implementation program, described in Section 14.26.060(A), shall be deemed pending as
of the same date and time. If there is another permitted newsrack at that location, then the
permit application shall be approved for a location on that block which complies with the
requirements of this Chapter which is in closest proximity to the requested location and for
which a permit has not been previously granted. If there is more than one application for a
specific geographic location pending, then the priority for granting the applications shall be
as set forth in Subsection C of this Section. The priorities for granting applications shall not
displace any previously permitted newsracks.
C. If permit applications in excess of the number of potential locations which are
available on a block are pending, then the priority for granting applications shall be as set
forth in this Subsection. No applicant may be granted priority for a newsrack location for a
publication on a block for which that specific publication has already been granted a permit
or is part of a shared permit.
1. First priority shall be given to newsracks used for the sale of daily
publications which have been adjudicated to be newspapers of general circulation
for Riverside County, pursuant to the procedure set forth in Title 1, Division 7,
Chapter 1 of the California Government Code.
2. Second priority shall be given to newsracks used for the sale of daily
publications which have not been adjudicated to be newspapers of general
circulation for Riverside County.
3. Third priority shall be given to newsracks used for the sale of weekly
publications which have been adjudicated to be newspapers of general circulation
for Riverside County, pursuant to the procedure set forth in Title 1, Division 7,
Chapter 1 of the California Government Code.
4. Fourth priority shall be given to newsracks used for the sale of weekly
publications which have not been adjudicated to be newspapers of general
circulation for Riverside County.
Ordinance No. 1680
Page 12
In the event that there is a conflict between newspapers within the same priority seeking
the same location, or within groups of applicants not entitled to priority, and there are
insufficient newsrack spaces remaining to accommodate the conflicting newspapers after
first filling as many spaces as possible by utilizing the criteria set forth above, permits shall
be granted to the maximum allowable in a block by the drawing of lots in a process
established by the Director. Such drawing of lots shall be open to the public at a time and
date designated by the Director.
D. It shall be a condition of any permit granted according to a priority set forth in this
section to maintain editions in the newsrack according to the frequency for which the
priority was given.
14.26.080 Permit Renewal
If a permittee is in compliance with this Chapter, a permit will be automatically renewed for
each successive calendar year by timely payment of the renewal fee established by
resolution of City Council and filing of a complete city renewal application at least sixty (60)
days prior to the expiration of the current permit.
14.26.090 Maintenance Standards.
A. Every person issued a permit for a newsrack under this Chapter shall observe and
comply with the following standards:
1. Each newsrack shall be maintained and serviced so that it is reasonably free
of:
a. General dirt and grease;
b. Chipped, faded, peeling, and cracked paint, on all visible painted
areas;
C. Rust and corrosion on all visible unpainted metal areas;
d. Cracks, dents, blemishes, and discoloration in the clear plastic and
glass parts, if any, through which publications are viewed;
e. Tears, peeling, or fading in the paper or cardboard parts and inserts;
and
f. Broken and misshapen structural parts.
2. Each newsrack, including any coin-return mechanism, shall be mechanically
operable.
3. Newsracks shall contain current editions of the publication for which the
permit was issued and new editions placed in the newsrack at no less than the
frequency for which any priority was given for a permit in that location.
4. No newsrack shall be used for advertising signs or publicity purposes other
than that directly related to the display, sale or purchase of the publication sold
therein.
5. No newsrack shall remain empty for a period of fifteen (15) consecutive days
or longer.
6. No newsrack may contain a publication other than the one for which the
permit was issued. The primary applicant for a shared permit may add or remove
Ordinance No. 1680
Page 13
publications from a shared permit or permit renewal by making application to the
Director and providing the information set forth in Section 14.26.050.
7. Each newsrack will have the name, address and telephone number of the
person who owns the newsrack affixed thereto in a place where it may be seen by
anyone viewing the newsrack.
B. When use of a newsrack is permanently discontinued, it shall be removed and the
location restored to its previous condition, including, but not limited to, repair of any portion
of the sidewalk or parkway damaged by the newsrack or its removal and according to
specifications provided by the Director.
C. Except as set forth herein, permits shall not be sold or transferred other than as a
part of the sale of all of the assets of the permittee. Any other attempted sale or transfer
shall void the permit.
14.26.100 Newsracks in Violation of this Chapter
Upon determination by the Director that a newsrack for which a person has been issued a
permit has been installed, used, or maintained in violation of the provisions of this Chapter,
including, but without limitation, failure to observe any term or condition of the permit or not
meeting conditions related to priority for the location of any permit, an order to comply may
be issued to the person who holds the permit. A permit holder may appeal an order of the
' Director pursuant to the provisions of Section 14.26.170. If a permit holder fails to comply
with an order of the Director the Director may commence the revocation process provided
in Section 14.26.110. The Director shall not enforce am order to comply while an appeal is
pending.
14.26.110 Revocation of Permit
Whenever any permit holder fails to correct three or more orders to comply, the Director,
after giving the permit holder ten (10) days' notice in writing specifying the time and place
of hearing and requiring the permit holder to show cause why the permit should not be
revoked, may suspend or revoke any one or more of the permits held by the permit holder.
The Director shall give the permit holder written notice of the suspension or revocation of
such permit or permits.
14.26.120 Nuisance and Abatement
A. Any newsrack or any material in a newsrack placed, installed, or maintained in
violation of this Chapter shall constitute a public nuisance and may be abated in
accordance with applicable provisions of law and this Code.
El. In addition to the enforcement remedies available to the city, which are set forth in
Chapter 1 of this Code, any newsrack placed, installed, or maintained in violation of this
Chapter may be removed by the City, subject to the notice and hearing procedures set
forth in this Subsection.
Ordinance No. 1680
Page 14
1. Before removal of any newsrack, the code enforcement officer shall notify the
owner or distributor of the violation. Written notification by first class mail to the
address or addresses shown on the offending newsrack shall constitute adequate
notice. The code enforcement officer may, but need not, affix an additional notice
tag onto the offending newsrack. If no identification is shown on the newsrack,
posting of the notice on the newsrack alone shall be sufficient. The notice shall state
the nature of the violation, shall specify actions necessary to correct the violation,
and shall give the owner or distributor ten business days from the date appearing on
the notice to either remedy the violation or to request a meeting before the chief
building official or designee of the chief building official, who shall not be the code
enforcement officer. The date on the notice shall be no earlier than the date on
which the notice is mailed or affixed to the newsrack, as the case may be.
2. Any owner or distributor notified under paragraph 1 may request a meeting
with the Director by making a written request therefor within ten business days from
the date appearing on the notice. The meeting shall be informal, but oral and written
evidence may be given by both sides. The Director shall give his or her decision
within ten business days after the date of the meeting. Any action by the City to
remove the newsrack shall be stayed pending the written decision of the chief
building official or designee following the meeting.
3. The city may remove and impound a newsrack or newsracks in accordance
with this Subsection following the written decision of the Director upholding the
determination of a violation, or if the owner or distributor has neither requested a
meeting nor remedied the violation within ten business days from the date on the ,
notice. An impounded newsrack shall be retained by the City for a period of at least
thirty calendar days following the removal, and may be recovered by the permittee
upon payment of a fee as set forth by the Council by resolution. An impounded
newsrack and its contents may be disposed of by the city after thirty calendar days.
4. Notwithstanding the provisions of paragraphs 1 and 2 of this Subsection,
prior notice and an opportunity to be heard shall not be required prior to removal of
any newsrack that is installed or maintained in such a place or manner as to pose
an immediate or clear and present danger to persons, vehicles or property or any
newsrack that is placed in any location without a permit. In such case, the city shall
proceed in the following manner:
a. Within the next working day following removal, the Director shall notify
by telephone the permittee or, in the case of an unpermitted newsrack, the
owner of the newsrack or a person whose name is shown on the required
identification. Within three business days, the chief building official or
designee shall send written confirmation of the telephoned notice. The
written confirmation shall contain the reasons for the removal and information
supporting the removal, and shall inform the recipient of the right to request,
in writing or in person, a post-removal meeting within four business days of
the date of such written notice.
b. Upon timely request, the Director shall provide a meeting within forty-
eight hours of the request, unless the requesting party agrees to a later date.
The proceeding shall be informal, but oral and written evidence may be given
by both sides. The Director shall give his or her decision in writing to the
requesting party within forty-eight hours after such meeting. If the Director
Ordinance No. 1680
Page 15
finds that the removal was proper, he or she shall notify the requesting party
to pay any applicable penalties and costs and recover the newsrack. If the
Director finds that the removal was improper and that placement of the
newsrack was lawful, the Direoctor shall order that the newsrack be released
and reinstalled without charge.
C. If the owner of an unpermitted rack cannot be determined and the rack
does not contain the required identification, notice of the removal shall not be
required and the newsrack shall be treated as abandoned property.
14.26.130 Removal of Newsracks for Public Purpose.
When the Director determines that it is necessary to remove a newsrack for the
construction or installation of public improvements, an order to comply may be issued for
the purpose of suspending or terminating the newsrack permit. The person who holds the
permit for the newsrack shall be entitled, on permittee's election, to either a pro-rata refund
of fees or to a new permit, without additional fee, in the original location or as close to the
original location as the standards set forth in this chapter allow. All other costs of relocating
the newsrack shall be borne by the owner.
14.26.140 Blinder Racks Requirement.
A. No person shall exhibit, display, or cause to be displayed, harmful matter as such
' term is defined in Section 313 of the California Penal Code, as may be amended from time
to time, in any newsrack located on a public sidewalk or public place unless blinder racks
have been installed so that the lower two-thirds of the matter is not exposed to public view.
B. Any publication offered for sale or distribution in a newsrack placed or maintained
ein a public sidewalk or public right-of-way shall not be displayed or exhibited in a manner
which exposes to public view, from any public place, any of the following:
1. Any statement or word describing explicit sexual acts, sexual organs, or
excrement where such statements or words have as their purpose or effect sexual
arousal, gratification, or affront; or
2. Any picture or illustration of genitals, pubic hair, perineums, anuses, or anal
regions of any person where such picture or illustration has as its purpose or effect
sexual arousal, gratification, or affront; or
3. Any picture or illustration depicting explicit sexual acts where such picture or
illustration has as its purpose or effect, sexual arousal, gratification, or affront.
For the purpose of this Subsection, the term "explicit sexual acts" means the depiction of
sexual intercourse, oral copulation, anal intercourse, oral-anal copulations, bestiality,
sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation
eir lewd exhibition of the genitals, whether any of the above is depicted or described as
being performed alone or between members of the same or opposite sex, or between
humans and animals, or other act of sexual arousal involving any physical contact with a
person's genitals, pubic region, pubic hair, perineum, anus or anal region.
Ordinance No. 1680
Page 16
14.26.150 Nonconforming Abatement Period for Existing Racks. ,
A nonconforming existing newsrack which does not conform to the installation, location, or
color standards contained in this Chapter shall be permitted to continue for a period of one
hundred and twenty (120) days after the effective date of this Chapter, provided that the
newsrack is used in a manner which is consistent with this Chapter and the owner of the
newsrack applied for and maintains a valid permit and business license. Any newsrack
that does not conform to the installation, location, or color standards within one hundred
and twenty (120) days after the effective date of this Chapter shall be converted or
removed before the one hundred and twenty first (121 s) day after the effective date of this
Chapter, unless the owner (1) demonstrates to the satisfaction of the Director that the
owner has made a substantial, good faith effort to bring all of the owner's newsracks into
conformance with the provisions of this Chapter and (2) complies with a schedule of
compliance approved by the Director A nonconforming existing newsrack which does not
conform to the maintenance standards contained in this Chapter shall not be permitted to
continue on or after the effective date of this Chapter. The Director shall give written
notice of nonconformance to all of the owners of non-conforming newsracks, to the extent
that the Director has information identifying the owners of such newsracks. Any
nonconforming newsrack which remains after the dates specified in this Section shall be
deemed a public nuisance and shall be abated accordingly to the procedures provided in
this Code.
14.26,160 Business License. '
A permit issued under this chapter shall not substitute for any business license otherwise
required under Palm Springs Municipal Code Section 3.48.010.
14.26.170 Authority of City Manager to Adopt Regulations
The Director is authorized to adopt, implement, and enforce reasonable standards and
regulations consistent with the provisions of this Chapter and predicated upon street and
pedestrian traffic requirements, access to parking places and facilities, and to preserve the
public safety, health and welfare. This authority includes the ability to promulgate
additional standards for uniformity of design and appearance of machines for which
permits will be issued, in an effort to minimize adverse aspects and other detriments to the
public interest.
14.26.170 Appeals.
Any person or entity aggrieved by a finding, determination, notice, action or failure to act
taken under the provisions of this Chapter with respect to issuing, revoking or enforcement
action under a permit under this Chapter, only, may appeal such finding, determination,
notice, action or failure pursuant to the appeal process specified in Chapter 11.72 of this
Code.
Ordinance No. 1680
Page 17
' SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take effect
thirty (30) days after passage.
ADOPTED this 4th day of January, 2006.
Mayor
ATTEST:
% 1
Qify Clerk
�j CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. 1680 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on December 7, 2005, and adopted at a regular
meeting of the City Council held on January 4, 2006, by the following vote:
AYES: Councilmember Mills, Councilmember McCulloch, Mayor Pro Tern Foat and
Mayor Oden
NOES: None
ABSENT: Councilmember Pougnet
ABSTAIN: None
41
,Junes Thompson, City Clerk '
i'0ky of Palm Springs, California
1