HomeMy WebLinkAboutOrdinance 2197 N.C.S. 12/06/2004 I
EFFECTIVE DATE ORDINANCE NO. 2197 N.C.S.
OF ORDINANCE
January 6, 2005
1
2
3
4 Introduced by Seconded by
5
6 Pamela Torliatt Mike Healy
7
8
9
10 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
1 1 ADDING CHAPTER 13.06, NEWSRACK REGULATIONS, TO THE
12 PETALUMA MUNICIPAL CODE
13
14
15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
16
17 Section 1. Chapter 13.06, Newsrack Regulations, is hereby added to Title 13 of the Petaluma
18 Municipal Code as follows:
19
20 "Chapter 13.06 Newsrack Regulations within the Central Business District.
21 13.06.010 Findings,and purpose.
22 A. There is a substantial governmental interest in promoting the public health, safety,
23 welfare and convenience by ensuring use of the public rights-of-way without
24 unreasonable interference.
25 B. The public health, safety, welfare and convenience require that:
26 1. Unreasonable interference with vehicular or pedestrian traffic be avoided;
27 2. Obstruction of views of traffic, traffic signs and pedestrians be eliminated;
28 3. Damage to sidewalks and streets be minimized and repaired;
29 4. The good appearance of the public streets and grounds be maintained;
30 5. Trees and other landscaping be allowed to grow undisturbed;
31 b. Access to emergency and other public facilities be maintained; and
32 7. Ingress and egress from properties adjoining public rights-of-way be maintained.
Ordinance No. 2197 N.C.S. Page 1
1 C. The unregulated placement of stand-alone newspaper boxes in public rights-of-way may
2 unreasonably interfere with use of the public rights-of-way, and may present hazards to
3 persons or property.
4 D. The city has a substantial governmental interest in preserving the unique aesthetic
5 character of the Central Business District and preventing unreasonable interference and
6 obstruction with vehicular or pedestrian traffic.
7 E. Use of public rights-of-way for the sale and distribution of newspapers and. other
8 publications from newspaper boxes or similar structures is constitutionally protected.
9 F. The purpose of the regulations set forth in this chapter is to ensure that the placement
10 and appearance of shared structures and newsracks in the public rights-of-way does not
1 1 unreasonably interfere with the public health, safety and convenience, to preserve the
12 aesthetic character of the Central Business District and to prevent unreasonable
13 interference and obstruction with vehicular or pedestrian traffic.
14 G. It is intended that the provisions of this chapter, and compliance with such provisions,
15 shall be consistent with the requirements of the Americans with Disabilities Act and
16 related laws.
17 H. The regulation of shared structures and newsracks as set forth in this chapter provides the
18 least intrusive and burdensome means for ensuring the purposes stated in this section are
19 carried out while still providing ample opportunities for the distribution of news, opinion
20 and information to the public.
21 I. This chapter is not intended to regulate the placement of shared structures and/or
22 newsracks on private property or property under the jurisdiction of any public agency
23 other than the city.
24
25 13.06.020 Definitions.
26 Whenever the following words or phrases are used in this chapter, they shall have the meaning
27 ascribed to them by this section:
28
29 A. "Central Business District" or "CBD" means the downtown area as depicted on the "CBD
30 Map" attached to this Ordinance as Attachment A.
31
32 B. "Distributor" means a person or entity responsible for placing, installing and. maintaining a
33 shared structure and/or a newsrack in a public right-of-way.
34
35 C. "Newsrack" means any self-service or coin-operated slot, container, storage unit or other
36 dispenser intended to fit within a shared structure in conformity with the standards set
Ordinance No. 2197 N.C.S. Page 2
1 forth in Section 13.06.060 of this Ordinance, installed, used or maintained for the display,
2 sale or distribution of one newspaper, periodical or other publication.
3
4 D. "Public right-of-way" means any area used or intended for use by the public for
5 pedestrian or vehicular travel within the city, including, but not limited to, public streets,
6 highways, roadways, sidewalks, median strips, plazas or alleys.
7
8 E. "Shared Structure" means any portion of a modular newspaper dispenser such as the
9 pedestal and modular trays but not including the newsrack and which may be owned
10 and maintained by one or more distributors and is in conformity with the standards set
1 1 forth in Section 13.06.060.
12
13 13.06.030 Newsracks in public rights-of-way.
14 No distributor shall place, install, use or maintain any shared structure within, or encroaching
1 S upon, public property or a public right-of-way within the Central Business District except in
16 compliance with the provisions of this chapter. The provisions of this chapter constitute the
17 exclusive requirements for shared structures and/or newsracks located on public property or in
18 public rights-of-way within the Central Business District.
19
20 13.06.040 Newsrack permit required.
21 A. Each distributor shall obtain a permit from the. city prior to placing, installing or
22 maintaining a shared structure or newsrack on public property or within a public right-of-
23 way.
24 B. Permit .Application. Application for a permit shall be made to the Community
25 Development Director or his/her designee on the form provided by the city. Each permit
26 application shall include and be accompanied by the following:
27 1. The name, address and telephone number of the applicant and
28 the person(s) responsible for placement, installation, and
29 maintenance of the shared structure and/or newsrack(s);
30 2. The number of shared structures and/or newsracks to be placed or installed;
31 3. A description of the proposed location for placement or installation of each
32 shared structure and/or newsrack;
Ordinance No. 2197 N.C.S. Page 3
1 4. The type or brand of shared structure and/or newsrack, including a description
2 sufficiently detailed to demonstrate conformity with the requirements of this
3 chapter;
4 5. A nonrefundable fee, in the amount established by resolution or ordinance of the
5 City Council; and
6 b. Evidence of insurance in an amount and form acceptable to the city risk
7 manager.
8 C. Review and Action on Application. Applications will be processed in the order received.
9 The content or viewpoint of the material to be distributed from a newsrack shall not be
10 considered in reviewing and acting on the application. Upon receipt of a complete
11 application, a permit shall be issued within. ten (10) business days if the style, type and
12 location of the shared structure(s) and/or newsracks) meet the standards set forth in this
13 chapter. Alternatively, if an application for a permit is denied., the applicant shall be
14 notified in writing of the reason for denial within ten (10) business days of receipt of the
15 application, and of the right to appeal in accordance with section 13.06.120 of this
16 chapter.
17 D. Amendment. A distributor may place, install and maintain additional shared structures
18 and/or newsracks by obtaining an amendment to the original permit pursuant to the
19 rules and procedures of paragraph B of this section.
20 E. Permits are valid for one year from the date of issuance and shall be automatically
21 renewed for one (1) year on each anniversary date unless a notice of non-renewal is
22 sent to the distributor by the Community Development Director thirty (30) days prior to
23 the expiration date.
24 F. Permit holders are responsible for notifying the city of any changes to the name, address
25 or telephone number of the person(s) responsible for (i) placement, installation and
26 maintenance of each permitted shared structure and/or newsrack.
27
28 13.06.050 Permitted Newsracks.
29 Shared structures and newsracks shall be permitted only in the locations designated on the CBD
30 Map attached to this ordinance as Attachment A. The City Manager or his/her designee shall
31 have the discretion to choose the size, style, and color of permitted shared structures and
32 newsracks within the Central Business District once every five (5) years.
33
34 13.06.060 Newsrack standards and maintenance.
Ordinance No. 2197 N.C.S. Page 4
1 Any shared structure and/or newsrack in the Central Business District which rests, in whole or in
2 part, upon or within public property or a public right-of-way, or which projects onto, into or over
3 public property or a public right-of-way shall comply with the standards set forth in this section.
4 A. In order to minimize aesthetic impact and increase safety in the distribution of publications,
5 shared structures and newsracks shall face away from the street whenever possible.
b B. No advertising signs or material shall be displayed on the exterior of a shared structure
7 and/or newsrack; except that, such advertising signs or material may be displayed on the
8 front of a shared structure and/or newsrack; and except that, not more than one (1)
9 publication name for every newsrack and/or every newsrack contained in a shared
10 structure may be placed on the back of the newsrack or shared structure within two inches
1 1 from the top of the newsrack or structure. Such publication names displayed on the back of
12 newsracks or shared structures shall be in standard 2 -inch size letters and font as specified
13 under the Permit.
14 C. Each coin-operated newsrack shall be equipped with acoin-return mechanism, which shall
15 be maintained by the distributor in good working order.
16 D. A notice shall be affixed to each newsrack providing the name and address of the
17 distributor, including a current telephone number for reporting a malfunction and for
18 obtaining a refund in the event of a malfunction of acoin-return mechanism.
19 E. Each newsrack shall be maintained by the distributor in a neat and clean condition and in
• 20 good repair at all times. For example, without limitation, the newsrack shall be reasonably
21 free of dirt and .grease; be reasonably free of chipped, faded, peeling or cracked paint; be
22 reasonably free of rust and corrosion; have no broken or cracked plastic or glass parts; and
23 have no broken structural parts. Shared structures shall also be maintained in the same
24 manner.
25 F. Upon the removal of any shared structure, the public right-of-way shall be returned to its
26 original condition at the expense of the distributor, including, but not limited to, the repair of
27 any damage that may have been caused by the installation or use of the newsrack.
28 G. In order to test the market demand for a specific location, a distributor may request in writing
29 that the City Manager or his/her designee approve the installation of a temporary shared
30 structure which does not meet the design criteria in a location not currently permitted on the
31 CBD Map. However, the placement criteria must be met and the distributor must secure a
32 permit. The temporary placement shall .not exceed sixty (60) days. Upon completion of such
33 sixty (60) day period, the City Manager or his/her designee may approve the location of the
34 shared structure and, if such approval is granted, shall amend the CBD Map to show that
35 such location is approved. Upon such approval, the distributor shall be permitted to place a
Ordinance No. 2197 N.C.S. Page 5
1 shared structure, in conformity with the design criteria contained in this ordinance, at such
2 approved location.
3 H. Distributors co-owning a shared structure are jointly and severably liable for compliance with
4 the terms and conditions of this ordinance applicable to such newsrack.
5
6 13.06.070 Newsrack placement.
7 Any shared structure in the Central Business District which rests, in whole or in part, upon or within
8 public property or a public right-of-way, or which projects onto, into or over public property or a
9 public right-of-way shall comply with the standards set forth in this section.
10 A. No person shall place, install, or maintain any shared structure which projects onto, into
1 1 or over any part of a roadway or street, or which rests, wholly or in part, upon, along or
12 over any portion of a roadway or street.
13 B. No person shall place, install, or maintain any shared structure which rests, in whole or in
14 part, upon, in or over any public sidewalk or right-of-way, when such placement,
15 installation, or maintenance endangers the safety of persons or property or when such
16 site is used for public utilities, public transportation or other governmental use, or when
17 such placement, installation or maintenance unreasonably interferes with or impedes the
18 flow of pedestrian or vehicle traffic, including access for the disabled, bicycle access,
19 the ingress into or egress from any residence, place of business or the use of poles, posts,
20 traffic signs or signals, hydrants, postal service collection boxes or other objects permitted
21 at or near said location.
22 C. No shared structure shall be placed, installed, used or maintained:
23 1. Within five (5) feet of any marked crosswalk, or within fifteen (15) feet of any
24 unmarked crosswalk as measured from the curb return, or within five (5) feet of
25 any wheelchair curb ramp not in a marked crosswalk.
26 2. Within five (5) feet of any fire hydrant, fire call box, police call box or other
27 emergency facility.
28 3. Within five (5) feet of any driveway.
29 4. Within five (5) feet of any bus bench or shelter.
30 5. Within fifteen (15) feet ahead of, and five (5) feet to the rear of, any sign marking
31 a designated bus stop, relative to the direction of bus travel. Shared structures
32 placed seven (7) feet from the curb, measured perpendicular to the roadway,
33 are exempt from this limitation.
34 6. At any location where the clear space or sidewalk space for the passage of
35 pedestrians is reduced to less than four (4) feet.
Ordinance No. 2197 N.C.S. Page b
1 7. In such a manner as to impede or interfere with the reasonable use of any
2 building, the activity of any business or residence or the use of any commercial
3 window display or sidewalk cafe.
4
5 13.06.080 Display of harmful master.
6 A. Definitions. For the purposes of this section, the terms "harmful matter," "person,"
7 "distribute," "knowingly," "exhibit," and "minor," shall have the meanings specified in
8 Section 313 of the California Penal Code, as may be amended from time to time. The
9 term "blinder rack" shall mean opaque material affixed in front of or inside a newsrack
10 which prevents exposure of harmful matter to the public view.
11 B. Prohibition. No person shall knowingly exhibit; display, or cause to be exhibited or
12 displayed, harmful matter in any newsrack located in a public place from which minors
13 are not excluded, unless blinder racks have been installed so that the lower two-thirds of
14 the matter is not exposed to public view.
15
16 13.06.090 Abatement of violations.
17 A. A shared structure and/or newsrack in violation of this chapter may be removed by the
18 city subject to the provisions of this section.
19 B. Notice of removal. Except as otherwise provided in this section, before a shared
20 structure and/or newsrack is removed, the city shall notify the distributor(s) by written
21 notice sent to the distributor's last known address and posted on the shared structure
22 and/or newsrack providing ten (10) business days to remedy the violation. If no
23 identification is shown on the shared structure andlor newsrack and no permit has been
24 issued, posting of the notice on the shared structure and/or newsrack alone shall be
25 sufficient. Both forms of notice shall provide information necessary to request a hearing
26 as provided in Section 13.06.120 to contest the notice of removal of the shared structure
27 and/or newsrack..
28 C. Immediate removal. A shared structure and/or newsrack in violation of this chapter may
29 be removed or relocated immediately and without such prior notice if the violation poses
30 a significant danger to pedestrians or vehic{es. The city will make a good faith effort to
31 promptly notify the distributor of such removal or relocation.
32 D. The city may remove a shared structure and/or newsrack from public property or the
33 public right-of-way if:
Ordinance No. 2197 N.C.S. Page 7
1 1. The distributor responsible for such shared structure and/or newsrack has neither
2 requested a hearing before the city manager nor remedied the violation within
3 ten (10) business days following the date of notice; or
4 2. Following a hearing to contest removal, the distributor responsible for such shared
5 structure and/or newsrack fails to remedy the violation or to appeal the decision
6 within ten (10) business days after receiving notice of the city manager's decision
7 finding a violation and ordering removal.
8 E. Abandoned shared structure and/or newsracks. Any shared structure and/or newsrack
9 which has been left empty for a period of thirty (30) days shall be deemed abandoned,
10 except a newsrack remaining empty due to a labor strike or other extraordinary
1 1 interruption of distribution of the publication distributed from that shared structure and/or
12 newsrack. The city may remove an abandoned shared structure and/or newsrack from
13 public property or a public right-of-way pursuant to the provisions described in Section
14 13.06.090.B.
15 F. Shared structures and/or newsracks removed by the city shall be retained by the city for
16 thirty (30) days, subject to recovery by the distributor or other person evidencing
17 ownership. Shared structures and/or newsracks which are not claimed by the distributor
18 or rightful owner within thirty (30) days following removal shall be deemed permanently
19 abandoned and may be disposed of by city.
20
21 13.06.100 Amortization requirements.
22 Newsracks or newspaper boxes lawfully in existence within the Central Business District on the
23 effective date of this ordinance shall be allowed to remain at the same location for a period of
24 three (3) months following the effective date of this ordinance, provided that within sixty (60)
25 days following the effective date of this ordinance, the distributor provides the Community
26 Development Director with a written report identifying the number and location of each such
27 newsrack or newspaper box.
28
29 13.06.110 Indemnification.
30 Each distributor installing, operating or maintaining a shared structure and/or newsrack upon
31 public property or within the public right-of-way shall agree, prior to issuance of a permit, to
32 indemnify, defend and hold harmless the city, its officers, officials, employees, agents and
33 volunteers from any loss, liability, damage, claims, expenses or cost (collectively "Liability")
34 sustained by any person or property, arising from the installation, operation, maintenance or use
Ordinance No. 2197 N.C.S. Page 8
1 of such shared structure and/or newsrack except such Liability caused by the sole negligence or
2 willful misconduct of the city.
3
4 13.06.120 Hearing and Appeal.
5 Any applicant or distributor may request a hearing before the City Manager or his/her designee
b to contest any notice, action, decision or determination made pursuant to the provisions of this
7 chapter. Such request for a hearing shall be made in writing and filed with the City Manager's
8 Office within ten (10) business days following date of the action, decision or determination. The
9 matter shall be scheduled to be heard by the City Manager or his/her designee within ten (10)
10 business days following receipt of the request, or on a date mutually agreeable the parties. The
11 hearing shall be informal, but oral and written evidence may be given by both sides. At the
12 conclusion of the hearing, the City Manager or his/her designee shall affirm, modify, or vacate
13 the action, decision or determination being contested. The applicant or distributor may appeal
14 the decision of the City Manager or his/her designee to the City Council by filing a request for
15 appeal in writing within ten (10) business. days to the city clerk. The City Council shall hear such
16 appeal within ten (10) business days following receipt of the request by the City Clerk, or on a
17 date mutually agreeable the parties. The decision of the City Council shall be final and subject
18 to immediate judicial review. Other than removal pursuant to Section 13.06.090.C., no shared
19 structure and/or newsrack shall be removed by the city if a request to contest or appeal, if
20 timely filed, is pending.
21
22 Section 2. Severability. If any section, subsection, sentence, clause or phrase or word of this
23 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
24 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
25 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
26 passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
27 that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
28 invalid.
29
30 Section 3. This ordinance shall become effective thirty (30) days after the date of its adoption by
31 the Pefaluma City Council.
32
33 Section 4. The City Clerk is hereby directed to post this ordinance for the period and in the
34 manner required by the City Charter.
35
Ordinance No. 2197 N.C.S. Page 9
1 INTRODUCED and ordered posted/published this 1St" day of November 2004.
2
3 ADOPTED this bt" day of December 2004 by the following vote:
4
5 AYES: Mayor Glass, Healy, O'Brien, Thompson, Torliatt
6 NOES: Vice Mayor Moynihan
7 ABSENT: Harris
8
9
10
s _
11
12
13 David A. Glass, Mayor-
14
15
16
17
18 ATTEST: APPROVED AS TO FORM:
19
20 . -
21 i
22 ~
23 Claire Cooper, Deputy City Jerk Richar R. Rud ansky, City or e
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Ordinance No. 2197 N.C.S. Page 10