HomeMy WebLinkAboutOrdinances_2228_CCv0001.pdf ORDINANCE NO. 2228
AN ORDINANCE OF THE CITY OF REDLANDS
DING CHAPTER 8.70 TO THE REDLANDS
MUNICIPAL CODE RELATING TO THE
REGULATION OF NEWSRACKS
E CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 8.70 is hereby added to the Redlands
Municipal Cade to read asfollows:
"CHAPTER 8.70
Regglationew s _L'"tLinit
8.73. 010 PURPOSE
8.74. 020 DEFINITIONS
8.70.030 PROHIBITION
8.70.0340 REGISTRATION
8.70.050 STANDARDS
8.70.060 IDENTIFICATION
.70.0370 VIOLATION
8.703.0380 HARMFUL MATTER
8 703. 090 APPLICABILITY
8,.703.1003 INFRACTION
8.70.1103 HOLD HARMLESS
8.703..120 INSURANCE
.70.010 PURPOSE
The City Council finds that it is in the interest of
public health, safety and welfare of the citizens of Redlands to
regulate the location, eine and appearance of newsracks within City
limits. The Clay council further finds that without such
regulation, such n+ewsracks may posse a hazard to public safety. The
City council finds that the regulation and registration of
location, size and appearance of new rac s will minimize any
potential; danger to the public safety.
Further, the City Council finds that it is in the
interest of public health, safety and welfare of the citizens of
Redlands to protect minors from viewing ;publicly displayed harmful
matter, and that pursuant to Penal Code Section 313.1(d) , and e
the City is authorized to adopt ordinances which restrict the
display of harmful matter to minora by the use of blinder racks.
The City Council also finds that there exists an increasing trend
toward the display of harmful mutter, within the meaning of Penal
0043 "
Code Section 313, within newsracks within the City.of Redlands, and
that restriction of public display of such harmful matter will keep
the adverse impacts of such harmful matter upon minors to a
minimum. This Chapter is enacted for the purposes of minimizing
potential dangers to public safety and reducing the adverse impacts
of harmful matter upon minors.
8.70. DEFINITIONS
DEFINITIONS
Definitions as used in this section:
(a) "Newsracks" shall mean any self-service or coin-
operated box, container, storage unit or other dispenser installed,
used, or maintained for the display and sale of newspapers or news
periodicals.
(b) "Street" shall mean all that area dedicated to
public use for public street purposes and shall include, but not be
limited to, roadways, parkways, alleys and sidewalks.
(c) "Roadway" shall mean that portion of a street
improved, designed, or ordinarily used for vehicular travel.
(d) "Parkway" shall mean that area between the sidewalks
and the curb of any street, and where there is no sidewalk,, that
area between the edge of the roadway and the property line adjacent
thereto. Parkway shall also include any area within a roadway
which is not open to vehicular travel.
(e) "Sidewalk" shall mean any surface provided for the
primary use of pedestrians.
8.70.030 PROHIBITIONS
(a) No person shall install, use or maintain any
newsrack or other structure which projects onto, into or over any
part of the roadway of any public street, or which rests, wholly or
in part, upon, along or over any portion of the roadway of any
public street.
(b) No person shall install, use or maintain any
newsrack which in whole or in part rests upon, in or over any
public sidewalk or parkway, 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 governmental use, or when such
newsrack unreasonably interferes with or impedes the flow of
pedestrian or vehicular traffic, including any legally parked or
stopped vehicle, the ingress into or egress from any residence or
place of business, or the use of poles, posts, traffic signs or
signals, hydrants, mailboxes, or other objects permitted at or near
said location, or when such newsrack interferes with the cleaning
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of any sidewalk by the use of mechanical sidewalk cleaning
machinery.
8.7Q.040 REGISTRATION OF LOCATION/PERMIT
(a) No person shall install or maintain any -newsrack
which in whole or in part rests upon, in or over any public
sidewalk or parkway without first obtaining a permit from the
Director of Community Development or his designated representative
after providing the following:
(1) A site plan/plot plan, which shows that the
design, dimension, materials and location of each newsrack to be
installed or maintained in the City under the application meet the
standards in this Chapter; and
applicant. (2) The name, address and telephone number of the
(b) No more than one notification shall be required per
applicant, regardless of the number of newsracks the applicant
maintains in the City.
(c) From the above information the Director of Community
Development or his designated representative shall designate
locations and shall be guided therein solely by the standards and
criteria set forth in Section 8.70.050 hereof. Such application
may be granted either in whole or in part when more than one
location is proposed by the applicant, and in any event, when
denial is solely as to location, it shall be without prejudice to
amend such application to state a different location or locations.
(d) A registrant for a location or locations shall
report immediately to the Director of Community Development or his
designated representative, any change of address of such registrant
or any sale or transfer of ownership of newsracks located in the
City of Redlands. Any transference of such newsracks shall comply
with the provisions of this Section and the provisions of Section
8.70.060.
(e) A permit shall be issued pursuant to this Section
without charge to the applicant.
(f) Any permit issued pursuant to this Section is
subject to revocation if the newsrack installed does not comply
with the site plan/plot plan and other description in the
application for the same.
a,,_70. 0,50 STANDARDS FOR INSTALLATION, MAINTENANCE AND OPERATION
(a) Any newsrack which in whole or in part rests upon,
in or over any public sidewalk or parkway shall comply with the
following standards:
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(1) No newsrack shall exceed forty- eight inches in
height, thirty inches in width, or two feet in thickness.
(2) All newsracks will be bolted to the sidewalk
per City approval.
(3) Newsracks shall only be placed pursuant to
approval by the Director of Community Development or his designated
representative near a curb or adjacent to the wall of a building.
Newsracks placed near the curb shall be placed no less than
eighteen inches nor more than twenty-four inches from the edge of
the curb. Newsracks placed adjacent to the wall of a building
shall be placed parallel to such wall and not more than six inches
from the wall. No newsrack shall be placed or maintained on the
sidewalk or parkway opposite a newsstand or another newsrack.
(4) No newsrack shall be chained, or otherwise
attached to any property not owned by the owner of the newsrack or
to any permanently fixed object without the express permission of
the owner of said property.
(5) Newsracks may be chained or otherwise attached
to one another; however, no more than three newsracks may be joined
together in this manner, and a space of no less than thirty-six
inches shall separate each group of three newsracks so attached.
(6) Notwithstanding the provisions of subsection
(b) of Section 8.70. 050, no newsrack shall be placed, installed,
used or maintained:
(a) Within five feet of any marked crosswalk;
(b) Within fifteen feet of the curb return of
any unmarked crosswalk,
(c) Within five feet of any fire hydrant,
fire call box, police call box or other
emergency facility;
(d) Within ten feet of any driveway;
(e) Within five feet to the front, and-
twenty-five
ndtwenty-five feet to the rear of any sign
marking a designated bus stop;
(f) Within six feet of any bus bench,
(g) At any location where placement of a
newsrack would impede the passageway of
pedestrians or where the clear space for
the passageway of pedestrians is reduced
to less than four feet;
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(h) Within= fifty feet, of , any other new rack
containing the same publication:
(i) Within three feet of any display window of
any building abutting the sidewalk or
parking or in such a manner as to impede
or interfere with the reasonable use of
such window for display purposes;
(j) At any location which would interfere
with the sight distance standards for
traffic as set in Chapter 200 and Section
405.1 of the Cad Tra= -Highws
Iv .-DeMign
Mgnggl, January 1987 version.
(7) No newsrack shall be used for advertising signs
or publicity purposes other than that dealing with the display,-
sale
isplay,sale or purchase of the newspaper or news periodical sold therein.
(8) Each newsrack shall be maintained in a clean,
neat and attractive condition and in good repair at all times.
(9) No more than eight newsracks shall be located
on any public right-of-way within a space of two hundred feet in
any direction within the same block of the same street; provided,
however, that no more than sixteen newsracks shall be allowed on
any one block. As used herein, "block" shall mean both sides of a
street between two consecutive intersecting streets.
(b) In determining which newsracks shall be permitted to
remain, the Director of Community Development, or his designated
representative, shall be guided solely by the following criteria:
(1) First priority shall be given to
newsracks used for the sale of
publications which have been adjudicated
to be newspapers of general circulation
for San Bernardino County, pursuant to
the procedures set forth in Sections
6000, gt sgg. of the California Govern-
ment Code.
(2) Second priority shall be given to
newsracks used for the sale of daily
publications (those published on five or
more days in. a calendar week) which have
not been adjudicated to be newspapers of
general circulation ;for San Bernardino
County.
(3) Third priority shall be given to
newsracks used fear the sale of weekly
publications (those published on at least
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effective date of any of the provisions herein. . Those newsracks
installed prior to the effective date of any provision enacted
hereunder shall be brought into compliance with said provisions
within ninety days of the effective date thereof.
Any newsrack not brought into compliance within the
aforementioned time period shall be deemed to be in violation of
this Chapter.
8.7Q.JQQ NEWSRACX VIOLATIONS; INFRACTION
Any act which is prohibited or declared unlawful or the
doing of any act which is required, or the failure to do any act
which is declared to be unlawful, shall be an infraction, and any
person convicted of such infraction is punishable.
8,70.110 HOLD HARMLESS
Every person or other entity which places or maintains a
newsrack on a public sidewalk or parkway in the City of Redlands
shall file a written indemnification statement with the Director of
Community Development or his designated representative which
contains the following language or words to that effect,*
"Permittee shall indemnify, defend and hold
harmless city, its elected officials,
officers, employees and agents against and
will hold and save them, and each of them,
harmless from any and all actions, claims,
penalties, obligations, liabilities or damages
to persons or property that may be asserted or
claimed by any person, firm, entity,
corporation, political subdivision or other
organization arising out of or in connection
with the installation, use or maintenance of a
newsrack or newsracks within the City of
Redlands.
(a) The permittee will defend any
action or actions filed in
connection with any of said claims,
damages, penalties, obligations or
liabilities and will pay all. -costs
and expenses, including attorney
fees with an attorney of City's own
choosing, incurred in connection
therewith.
(b) The permittee will promptly pay
any judgment rendered against the
permittee and/or the City covering
such claims, damages, penalties,
obligations and liabilities arising
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out of or in connection with the
installation, use or maintenance of
a newsrack or newsrscks within the
City of Redlands. and the permittee
agrees to save and held the City
harmless therefrom.
fc In the event City is made> a.
party to any action or proceeding
filed or persecuted against the
permittee for such damages or other
claims arising out of or in
connecti
City, and thereafter, this ordinance shall take effect in
accordance with law.
Oad----
lx�ftyo)r' -CUSA;�f 4dla-
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ATTEST:
City Cl rk of th y of
Redla;
Ity .s
I, Lorrie Poyzer, City Clerk of the City of Redlands,
hereby certify that the foregoing ordinance was duly adopted by the
City Council at a regular meeting thereof held on the 7th day of
f22t. , 1993, by the following vote:
AYES: Councilmembera Larson, Cunningham, Milson, Foster; Mayor DeMirjyn
NOES: None
ABSTAIN: None
ABSENT: None
City'�' 14rk, City )
Redly T"s
DJ14177299