HomeMy WebLinkAboutOrdinance #3837 ORDINANCE NO. 3837
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 12.37 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO NEWSRACKS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 12.37.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.010 Definitions. Definitions as used in this section:
(a) "Newsracks" shall mean any self-service or coin-operated box, container, storage
unit or other dispenser, including the pedestal, installed, used, or maintained for
the display and sale of newspapers or new 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.
SECTION 2. Section 12.37.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.030 Registration of location.
(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 Planning or his designated representative after
providing the following
(1) The location of each newsrack to be installed or maintained in the City by the
application; and
(2) The name, address and telephone number of the applicant.
(b) No more than one notification shall be required per applicant,regardless of the
number of newsracks the applicant maintains in the City.
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Ordinance No. 3837
(c) From the above information the Director of Planning or his designated
representative shall designate locations and shall be guided therein solely by the
standards and criteria set forth in Section 12.37.040 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.
SECTION 3. Section 12.37.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.040 Standards for installation, maintenance and operation. Except as
otherwise provided in Section 12.37.045, 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) No newsrack shall exceed forty-eight(48) inches in height,thirty (30) inches in
width, or two feet in thickness.
(b) There shall be no more than four newsracks in a row and no more than a total of
eight in one location. There shall be a three-foot distance between newsrack
locations with more than four newsracks.
(c) All newsracks shall be a single metal pedestal newsrack with tray, Model K-Jack
100 Mini-view or similar type and shall use no more than two of the solid colors
of exterior powder coating as approved by Resolution of the City Council.
(d) The single metal pedestal base shall be sixteen(16) inches in height with a three
(3) inch square post and a ten(10) inch square plate mount. Mounts shall be
bolted in place on the sidewalk using half-inch metal drop-in anchor bolts.
(e) Newsracks shall only be placed pursuant to approval by the Director of Planning
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(18) inches
nor more than twenty-four(24) 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.
(f) 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.
(g) Notwithstanding the provisions of subsection(b) of Section 12.37.020, 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 five (5) feet of any fire hydrant, fire call box,police call box or other
emergency facility
(4) Within five (5) feet of any driveway;
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Ordinance No. 3837
(5) Within five (5) feet ahead of, and twenty-five (25) feet to the rear of any sign
marking a designated bus stop;
(6) Within six (6) feet of any bus bench;
(7) At any location whereby the clear space for the passageway of pedestrians is
impeded;
(8) Within fifty(50) feet of any other newsrack containing the same publication.
(h) Newsracks shall carry no advertising except the name of the newspaper or
periodical being dispensed on the bottom of the plastic hood and rack cards
contained in card pans, which are attached to and located on the front of the
newsrack, shall be limited to fifteen(15) inches in height, twenty-two (22) inches
in length and shall be limited to the display, sale, or purchase of the newspaper or
periodical being dispensed
(i) Each newsrack shall be maintained in a clean, neat and attractive condition and
in good repair at all time.
(j) Pay the annual permit fee as determined by Resolution of the City Council.
Permit to be renewed on an annual basis.
(k) 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; provided,however,that no more than sixteen(16)newsracks
shall be allowed on any one (1) block. As used herein, "block" shall mean
one side of a street between two (2) consecutive intersecting streets.
In determining which newsracks shall be permitted to remain,the Director of
Planning, 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 daily
publications (those published on five [5] or more days in a calendar week.
(2) Second priority shall be given to newsracks used for the sale of weekly
publications (those published on at least one but less than five [5] days in a
calendar week).
In the event that there is a conflict between newspapers within 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 Planning or
his designated representative shall assign the space or spaces at random by
placing the names of all applicants for the remaining spaces at a location into a
container from which the names shall be drawn, one at a time until the particular
locations remaining number of unfilled newsracks has been filled. Such drawing
shall be open to the public at a time and date designated by the Director of
Planning or his designated representative.
(1) No person shall display or exhibit in any public newsrack or other display device,
any material which is defined by California Penal Code Section 313 as harmful
to minors unless such material is:
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Ordinance No. 3837
(1) displayed in an area from which minors are excluded and,
(2) is covered by a device, commonly known as a "blinder rack", such that the
lower two thirds (2/3) of the material is not exposed to view.
(m)No person shall display or exhibit in any public newsrack or other display device,
other than in locations from which minors are excluded, material which exposes
or exhibits to public view, any depiction of human genitalia,the pubic, or anal
region, or the breast of a female person other than a child under the age of
puberty, or any description, pictorial or otherwise, of explicit sexual acts, sexual
organs or excrement where such depiction or description has as its purpose or
effect sexual arousal or affront.
SECTION 4. Section 12.37.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.050 Newsracks identification required. Every person or other entity which
places or maintains a newsrack on the streets of the City of Huntington Beach shall
have his or its name, address and telephone number affixed thereto in a place where
such information may be easily seen. Prior to the designation of a location by the
Director of Planning or his designated representative,the applicant shall
present evidence of compliance with this section.
SECTION 5. Section 12.37.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.060 Newsrack violations.
(a) Any newsrack installed, used or maintained in violation of the provisions of this
article shall be tagged with a "notice of violation" stating the violation, date of
tagging,notice of intention to remove the newsrack if the violation is not
corrected within ten (10) days, and procedure for obtaining a hearing before the
Director of Planning or his designated representative, if desired.
(b) Notwithstanding subsection(a), in the case of violations of this article relative to
restrictions upon attachments of newsracks to property other than that owned by
the owner of the newsrack, to fixed objects, or to each other, and upon location
of newsracks, the Director of Planning-or his designated representative may, as
an alternative to tagging such newsrack, move, align, remove such attachment, or
otherwise move such rack or racks in order to restore them to a legal condition.
(c) Any newsrack which has been tagged and remains in violation of the provisions
stated on the tag past the ten-day (10) correction period, and no hearing has been
requested, said newsrack shall be removed by the Director of Planning or his
designated representative and stored in any convenient place. The Director of
Planning or his designated representative shall notify the owner thereof by
mailing a "notice of removal' to the last known address of the owner. Such
notice shall state the date the newsrack was removed,the reasons therefore, the
location and procedure for claiming the newsrack, and the procedure for
obtaining a post-removal hearing before the Director of Planning or his
designated representative, if desired. Any such newsrack removed and stored
pursuant to these provisions shall be released to the owner thereof if claimed
within forty-five (45) days after such removal and upon the payment of
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reasonable charges of removal and storage therefor. Upon failure of the owner to
claim such newsrack and pay the reasonable charges within forty-five (45) days
after the mailing of written notice of removal, such newsrack shall be deemed to
be unclaimed property in possession of the Department of Planning and may be
disposed of pursuant to the provisions of this code.
(d) Any newsrack in violation of the provisions of this article, which violation
creates an immediate danger to the health, safety or welfare of the public, which
violation cannot be corrected my moving or otherwise reposition of the
newsrack, said newsrack may be summarily removed and stored in a convenient
location so as to eliminate the danger to the health, safety and welfare of the
public. The Director of Planning or his designated representative shall notify the
owner thereof by mailing a "notice of removal" to the last known address of the
owner. Such notice shall state the date the newsrack was removed, the reasons
therefor, the location and procedure for claiming the newsrack, and the procedure
for obtaining a post-removal hearing before the Director of Planning or his
designated representative, if desired. Any such newsrack removed and stored
pursuant to this subsection shall be released to the owner thereof if claimed
within forty-five (45) days after the mailing of written notice of removal and
upon the payment of reasonable charges of removal and storage.
SECTION 6. Section 12.37.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.070 Same, applicability. Except as otherwise provided for in Section
12.37.045, the provisions of this article shall apply to all newsracks, whether
installed and maintained prior to or after the 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 as follows:
(a) All newsracks on Beach Boulevard by September 30, 2009;
(b) All newsracks on Warner and/or Edinger by December 31, 2009;
(c) All remaining newsracks by March 31, 2010.
Any newsrack not brought into compliance within the aforementioned time period
shall be deemed to be in violation of this article.
SECTION 7. Section 12.27.080 of the Huntington Beach Municipal Code is hereby deleted
in its entirety.
SECTION 8. Section 12.37.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.090 Hold harmless. Every person or other entity which places or maintains a
newsrack on a public sidewalk or parkway in the City of Huntington Beach shall file
a written statement with the Director of Planning or his designated representative
which complies with the current City policy, rules and/or regulations on Hold
Harmless clauses.
SECTION 9. This ordinance shall become effective 30 days after its adoption.
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Ordinance No. 3837
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 6 t h date of July , 2009.
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Mayor
ATTEST: INITIATE AN PROVED:
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ity Clerk U Directo of Planning
REVIEW D APPROVED:
APPIROVED AS TO FORM:
Ci inistrator
City Attorney Duo 51121n�1
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Ord. No. 3837
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on June 15, 2009, and was again read to said City Council at a
regular meeting thereof held on July 6, 2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Dwyer, Bohr, Coerper, Hansen
NOES: None
ABSENT: Green, Hardy
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on July 16,2009.
In accordance with the City Charter of said City GAO-c4) 4:��J� 4'$660
Joan L. Flynn,City Clerk CiU Clerk and ex-officio 6ferk
I
r ,L senior Deputy City clerk of the City Council of the City
of Huntington Beach, California