§ 7-1.1008. Standards for the installation, maintenance and operation of newsracks.

Any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway shall comply with the following standards:

(a)

Placement and installation.

(1)

The newsrack shall be placed parallel to a curb or the wall of a building. Newsracks placed parallel to the curb shall be placed with the back to the roadway, and where there is no parkway between the sidewalk and the curb, not less than eighteen (18″) inches nor more than twenty-four (24″) inches from the edge of the curb, or if there is no curb, from the edge of the pavement. Where there is a parkway between the sidewalk and curb, the newsrack shall be placed parallel to the sidewalk with the back to the roadway not less than eighteen (18″) inches nor more than twenty-four (24″) inches from the edge of the sidewalk adjacent to the parkway. Newsracks placed parallel to the wall of a building shall be placed with the back not more than six (6″) inches from the wall. No newsrack shall be placed or maintained opposite a newsstand or another newsrack.

(2)

All newsracks shall be bolted to the sidewalk and must be mounted on a uniform size single pedestal (three (3″) to four (4″) inch by three (3″) to four (4″) inch square steel post), sixteen (16″) to seventeen (17″) inches tall, welded to a uniform base (ten (10″) inch by ten (10″) inch steel plate) and installed in accordance with the following standards:

(i)

Only permanent newsracks placed and maintained in compliance with the provisions of this article shall be permitted upon the right-of-way.

(ii)

Mounts shall be bolted in place in accordance with specifications on file in the Public Works Department of the City and only at locations and placements designated by the Department.

(iii)

The breaking of existing sidewalk structures for the purpose of installing a newsrack shall be done in such a manner acceptable to the Director of Public Works as to do the least amount of damage to the remaining sidewalk structure and shall be done with approved equipment designed for that purpose.

(iv)

The permittee is responsible for the installation of the newsrack. All work undertaken shall be the sole responsibility of the permit holder. Damage resulting from the installation of said newsrack shall be repaired immediately by and at the expense of the permittee. Failure to make the required repairs shall result in City forces undertaking to make such repairs. The cost of repairs shall be chargeable as a civil debt to the permit holder and may be collected by the City in the same manner as it collects any other civil debt or obligation.

(b)

Location. In addition to the provisions of Section 7-1.1003, no newsrack shall be placed, installed, used, or maintained:

(1)

Within five (5′) feet of any marked crosswalk;

(2)

Within fifteen (15′) feet of the curb return of any unmarked crosswalk;

(3)

Within fifteen (15′) feet of any fire hydrant;

(4)

Within five (5′) feet of the far side of any driveway (when approaching a street-typical) and within fifteen (15′) feet of the near side of the same driveway, since this placement would impede adequate sight distance of oncoming traffic (in regard to one-way streets: one-way streets would prohibit placement within five (5′) feet to the far side of the driveway and fifteen (15′) feet to the near side of the same driveway);

(5)

Within five (5′) feet ahead of and fifteen (15′) feet to the rear of any sign or pavement markings designating a bus stop measured parallel to the flow of traffic;

(6)

Within five (5′) feet of any bus bench or transit shelter;

(7)

At any location whereby the clear space for the passageway of pedestrians is reduced to less than four (4′) feet;

(8)

On or within three (3′) feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes;

(9)

Within three (3′) feet of light standards, trash receptacles, traffic signal control boxes, public safety control boxes, mailboxes, water meters, gas meters, electrical pull boxes, catch basins, and sewer manhole covers;

(10)

Within five (5′) feet of a curb painted blue pursuant to the provisions of California Vehicle Code Section 21458;

(11)

Atop any vault, storm drain inlet, utility or traffic signal pull boxes;

(12)

At any location where the news vending machine causes, creates, or constitutes a traffic hazard as determined by the Director of Public Works;

(13)

Where the news vending machine will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the street or highway;

(14)

In any place or location not approved by the Director of Public Works based upon the standards contained in this article.

(c)

Total number. No more than eight (8) newsracks shall be located on any public right-of-way within a space of two hundred (200′) feet in any direction within the same block of the same street; and no more than sixteen (16) newsracks shall be allowed on any one block. As used herein "block" shall mean one side of a street between two (2) consecutive intersecting streets. Within a group of eight (8) newsracks, only one newsrack per publication shall be allowed.

Newsracks that are adjacent to each other shall be evenly spaced. If more than four (4) newsracks are placed in a single location they shall be grouped in such a manner that the groups have an equal number, to the maximum extent possible, and each group shall be separated by a space that is a minimum of thirty-six (36″) inches. Placement of groups shall be subject to review and direction of the Director of Public Works. The intent of this requirement is to have a balanced and symmetrical appearance. For example, if seven (7) newsracks are placed at a single location, groupings of four (4) and three (3), with thirty-six (36″) inches between the groups would be acceptable. Groupings of six (6) and one would not be acceptable. Before placement, questions regarding groupings should be directed to the Public Works Department.

(1)

In determining which newsracks shall be permitted to be placed at a specific location whenever more than eight (8) newsracks are proposed for any one permitted location or more than sixteen (16) newsracks are proposed for any one block, the Director of Public Works shall be guided solely by the following criteria:

(i)

First priority shall be given to publications published five (5) or more days per week;

(ii)

Second priority shall be given to publications published two (2) to four (4) days per week;

(iii)

Third priority shall be given to publications published one day per week;

(iv)

Fourth priority shall be given to publications published bimonthly; and

(v)

Fifth priority shall be given to publications published monthly.

(2)

In the event that there is a conflict between newspapers with the same priority seeking the same location, 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, then the Director of Public Works shall assign the space or spaces at random by lot, by drawing, one by one, the names of those applicants applying for the remaining space until the remaining spaces at that location have been filled. Such drawing shall be open to the public at a time and date designated by the Director of Public Works and shall occur once every year.

(d)

Newsrack standards.

(1)

Newsracks must be between twenty-six (26″) inches and twenty-eight (28″) inches in width, and between sixteen (16″) inches and twenty (20″) inches in depth. The height of each newsrack must be between thirty (30″) inches and thirty-two (32″) inches excluding the height of the pedestal. All newsracks shall be bolted to the sidewalk and must be mounted on a uniform size single pedestal (three (3″) to four (4″) inch by three (3″) to four (4″) inch steel post), sixteen (16″) to seventeen (17″) inches tall, welded to a uniform base (ten (10″) inch by ten (10″) inch steel plate) and installed in accordance with the following standards:

(2)

Each newsrack shall be constructed of metal. Newsracks constructed of plastic are prohibited.

(3)

The colors of newsracks shall be limited to neutral hues (matte not glossy) of blue, olive green, white, or dark brown.

(4)

Each newsrack shall have a display case with a sturdy, clear plastic window.

(5)

Newsracks shall not have external electrical service and shall not be equipped with any devices to emit light or sound.

(e)

Maintenance. Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.

(f)

Advertising. No newsrack shall be used for commercial advertising, signs or publicity purposes, other than identifying the newspaper material contained therein. A publication's name or logo may be permitted on the sides and back of any newsrack, but not on top or the pedestal of any newsrack.

(§ 1, Ord. 797, eff. July 15, 1993, as amended by § 1, Ord. 1130, eff. June 5, 2008)