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5782ORDINANCE NO. 5782 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 4.82 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO NEWSRACKS ON PUBLIC RIGHTS-OF-WAY. WHEREAS, newsracks that are unsightly because of improper maintenance or which are overconcentrated on sidewalks in the City with high volumes of pedestrian traffic have had a negative impact on public safety and aesthetic values within neighborhoods and business districts throughout Anaheim; and WHEREAS, newsracks which are not maintained or have been abandoned are likely to be covered with gang -related graffiti or be used as receptacles for waste and debris, while others have become dislodged from their foundations so as to obstruct sidewalks and streets or litter private property, all to the detriment of neighborhoods and business districts throughout the City which are endeavoring to prevent such blight; and WHEREAS, registration of newsracks and public access to the identity of the owners of newsracks will facilitate the removal or maintenance of substandard newsracks and will prevent the harmful effects of proliferation of newsracks, without impeding the public's access to the materials distributed through such newsracks; and WHEREAS, the City of Anaheim has adopted architectural design and streetscape standards for The Anaheim Resort to enhance that area's attractiveness to visitors and its economic well-being which goals have been undermined by the unregulated proliferation of newsracks within the resort district; and WHEREAS, the City of Anaheim desires by this ordinance to require the registration of newsracks within the City to improve the siting, design and maintenance of newsracks without regard to the content of the materials distributed therein, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDAINS AS FOLLOWS: SECTION 1. Chapter 4.82 of Title 4 of the Anaheim Municipal Code is hereby amended in its entirety to read as follows: "CHAPTER 4.82 NEWSRACKS ON PUBLIC RIGHTS-OF-WAY Sections: 4.82.010 Definitions. 4.82.020 Registration of Location. 4.82.030 Prohibitions. 4.82.040 Installation Standards. 4.82.050 Maintenance Standards. 4.82.060 Noncompliance With This Chapter. 4.82.070 Impounding of Newsracks. 4.82.080 Notice of Impoundment. 1 4.82.090 4.82.100 4.82.110 4.82.120 4.82.130 4.82.140 4.82.150 4.82.160 4.82.170 Return and Reinstallation of Impounded Newsracks. Sale or Disposal After Impoundment. Hearing. Appeal. Authority of the Department to and Regulations. Hold Harmless. Deposit or Bond Required. Compliance with this Chapter. Newsrack Violations - Penalty. 4.82.010 DEFINITIONS. Promulgate Rules For the purpose of the provisions of this Chapter concerning newsracks on public rights-of-way, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended. .010 NEWSRACK shall mean any self-service or coin-operated box, container, storage unit, or other dispenser installed, operated or maintained for the display, sale or distribution of publications. .020 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. .030 ROADWAY shall mean that portion of a street improved, designed or ordinarily used for vehicular travel. .040 PARKWAY shall mean that portion of the public right of way other than the sidewalk and roadway, including, but not limited to that area between the sidewalk and the curb of any street and/or that area between the sidewalk and the street easement of property located adjacent thereto; or, where there is no sidewalk, PARKWAY shall mean that area between the edge of the roadway easement and the property located adjacent thereto. Parkways shall also include any area within a roadway that is not open to vehicular travel. .050 SIDEWALK shall mean that portion of a street improved, designed or ordinarily provided for the exclusive use of pedestrians. .060 APPLICATION shall mean an Application for Registration of Location to Install Newsrack on Public Right of Way upon forms for such purpose prescribed by the Director. .070 DIRECTOR shall mean the City of Anaheim Planning Director or his designated representative. .080 THE ANAHEIM RESORT— shall mean that area designated for Commercial Recreation land uses on the City of Anaheim General Plan that encompasses The Disneyland Resort Specific Plan No. 92-1 Zone, the Anaheim Resort Specific Plan No. 92-2 Zone and the Hotel Circle Specific Plan No. 93-1 Zone and is further shown on a map entitled "The Anaheim Resort'I," on file in the Planning Department. 2 .090 THE ANAHEIM RESORT- PUBLIC RIGHTS-OF-WAY shall mean all public rights-of-way located within The Anaheim Resort-. .100 REGISTRANT shall mean that person or entity in whose name an Application for Registration Of Location To Install Newsrack On Public Right of Way has been duly filed and granted. .110 DATE OF SERVICE shall mean the date on which any notification or decision pursuant to this Chapter is placed in the United States Mail. No sworn proof of service shall be required for service to be effective. . .120 PUBLIC RIGHT-OF-WAY shall mean any place of any nature which is dedicated to use by the general public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square, and any other similar public way. 4.82.020 REGISTRATION OF LOCATION. .010 No person or entity shall install, vend from, operate or maintain any Newsrack which in whole or in part rests upon, in or over any Public Right -of -Way without having first been granted approval of its Application by the Director and complying with the terms of this Chapter. Separate registration and separate applications therefor shall be required for each Newsrack operated, vended from, maintained or installed. . .020 Based on the information provided in the Application, the Director shall, within ten (10) days from the date of the submission thereof, grant or deny the Application based on (i) the availability of the requested Newsrack location, and (ii) the standards and criteria set forth in Section 4.82.040 of this Chapter. When denial of an Application is based solely upon the unavailability of the requested location, the applicant may amend such application to request a different location. Any Application not acted upon during the period prescribed herein shall be deemed denied. .030 Upon granting an Application for a Newsrack at a designated location, the Director shall issue to the Registrant a Newsrack Identification Number decal which shall be affixed to the front of the Newsrack prior to the Newsrack's installation or use at the designated location. The identification decal shall be affixed in such a manner that it is visible to a user of the Newsrack. .040 A Registrant for a designated Newsrack location shall notify the Director in writing within ten (10) days of any change of address of such Registrant or any sale or transfer of ownership of any Newsrack registered to that Registrant located in the City of Anaheim. Any transferee of such Newsracks shall comply with the provisions of this Section and the provisions of subsection 4.82.040.030 of this Chapter relating to registration and identification of Newsracks as of the date of transfer. .050 Any Registrant vending from or operating a Newsrack within the City of Anaheim shall notify the Director, in writing, within ten C (10) days of abandoning, quitting or otherwise relinquishing any Newsrack or Newsrack location. .060 A Registrant may replace any registered Newsrack with another conforming Newsrack at the same designated location without relinquishing the location or submitting a new Application; provided, however, any replacement Newsrack shall be of a type approved by the Director and shall comply with all of the provisions and standards set forth in this Chapter. 4.82.030 PROHIBITIONS. .010 No person or entity shall install, operate, vend from or maintain, or cause to be installed, vended from, used or maintained, any Newsrack which projects onto, into or over any part of the Roadway of any Street, or which rests, wholly or in part, upon or over any portion of the Roadway of any Street. .020 No person or entity shall install, vend from, operate or maintain, or cause to be installed, vended from, used or maintained, any Newsrack which rests or is situated in whole or in part, upon, in or over any Public Right -of Way, Sidewalk or Parkway, when such installation, vending, operation or maintenance is in violation of any of the provisions, requirements or standards set forth in this Chapter. 4.82.040 INSTALLATION STANDARDS. .010 NEWSRACKS - CITYWIDE. With the exception of Newsracks located within the boundaries of The Anaheim Resort"' which standards are set forth in subsection 4.82.040.020 of this Section, any Newsrack which is situated or rests, in whole or in part, upon, in or over any Public Right -of Way shall comply with the following standards: .0101 No Newsrack unit shall exceed forty-eight (48) inches in height, exclusive of the coin mechanism, thirty (30) inches in width or twenty-four (24) inches in depth. The Newsrack style for the entire City located outside the boundaries of The Anaheim Resort'' shall be the publisher's/distributor's preferred style modified to be mounted on a single unit pedestal or permanent - mount base in accordance with Planning Standard Detail No. 5 entitled "Newsrack Base", as adopted by resolution of the Anaheim City Council, on file and available to the public in the Anaheim Planning Department, or any equivalent single unit model subject to the approval of the Director. .0102 Newsracks shall only be placed adjacent to a curb or the wall of a building as hereinafter prescribed. Newsracks placed adjacent to the curb shall be placed no less than eighteen (18) inches nor more than twenty-four (24) inches from the front edge of the curb. Newsracks placed adjacent to a building wall shall be placed parallel to and not more than six (6) inches from such wall. .0103 Each Newsrack unit shall be securely bolted to the sidewalk and shall be constructed, installed and maintained in accordance with the standards set forth in this subsection and Section 4.82.050 of this Chapter. As used in this subsection, 4 "Newsrack unit" shall mean the combined Newsrack and the base on which the Newsrack is mounted. .0104 Not more than six (6) Newsrack Units shall be grouped or otherwise placed immediately adjacent to each other at any designated Newsrack location regardless of whether such Newsracks are installed, operated and maintained by the same person(s) or entity. If two or more Newsrack Units are placed adjacent or contiguous to each other at any designated Newsrack location, each Newsrack unit shall be separated by a space of not less than eight (8) inches nor more than thirty-six (36) inches from adjacent Newsrack units. .0105 Not more than six (6) 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 not more than eighteen (18) Newsracks shall be allowed on any one block. As used herein, "block" shall mean one side of a street between the two consecutive intersecting streets. .0106 In addition to the requirements set forth in Section 4.82.030 entitled "PROHIBITIONS" of this Chapter, no Newsrack shall be installed, vended from, operated or maintained on a Public Right -of -Way: .010601 Within fifteen (15) feet of the curb return of any street corner, a marked crosswalk or a handicapped access ramp; .010602 Within fifteen (15) feet of a fire hydrant, fire call box, police call box or any other emergency facility; .010603 Within ten (10) feet of a driveway or alley curb cut; .010603 Within five (5) feet ahead of, and twenty- five (25) feet to the rear of any sign marking a designated bus stop where no bus bench or bus shelter is provided; .010604 Within six (6) feet of any bus bench or bus shelter except in The Anaheim Resort; .010605 At any location whereby the unobstructed passageway for pedestrians is reduced by the Newsrack to less than five (5) feet; .010606 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 except with the written permission of the store owner; .010607 Within five (5) feet of a marked "red curb", ,no parking" or "no stopping" zone; .010608 Within five (5) feet of any above -ground or underground utility meter or utility vault, service box, parking meter, street light pole, mail box or any other utility device or access door serving such devices; 5 .0107 No Newsrack shall be used for displaying advertising or other commercial signs other than displays dealing with the advertisement, sale or purchase of the publication sold therein. Except for the name and other trademarks of the publication therein, such permissible advertising materials shall be removable and shall not be painted on or otherwise permanently affixed to the exterior of the Newsrack cabinet. .0108 In determining which Newsracks shall be permitted at a given location, the Director shall utilize the following criteria: .010801 Priority for locations shall be given on a first come, first serve basis for any available Newsrack location. .010802 When more Applications are filed simultaneously than may be accommodated at a specific location, as provided in this Chapter, priority shall be determined by lottery. .020 NEWSRACKS WITHIN THE ANAHEIM RESORT' PUBLIC RIGHT-OF-WAY. Any Newsrack that rests, in whole or in part, upon, in or over any Public Right of Way within the boundaries of The Anaheim Resort as defined in Section 4.82.010 of this Chapter, shall comply with the location, number and design standards set forth in Amendment No. 1 to The Anaheim Resort Identity Program, which document is on file and available for public inspection in the Anaheim Planning Department, and shall be subject to the following provisions: .0201 Newsracks shall be situated at the bus shelter locations identified in Amendment No. 1 to The Anaheim Resort Identity Program. .0202 Newsracks shall be designed, installed and maintained in conformance with the location and design requirements set forth in The Anaheim Resort Identity Program and Planning Department Standard Detail No. 9 entitled, "The Anaheim Resort Newsrack", as adopted by resolution of the Anaheim City Council, on file and available to the public in the Anaheim Planning Department. .0203 In determining which Newsrack shall be eligible for registration, the Director shall utilize the following criteria: .020301 The total number of Newsracks authorized at each bus stop shall be in accordance with Amendment No. 1 to The Anaheim Resort Identity Program. .020302 Priority shall be given on a first come, first serve basis for any available Newsrack location. .020303 When more Applications are filed simultaneously than may be accommodated at a specific location, as provided in this Chapter, priority shall be determined by lottery. .020304 Notwithstanding the foregoing, upon written request by an applicant, additional Newsracks may be authorized at any of The Anaheim Resort bus shelter locations subject to the approval of the Anaheim City Engineer and the Director; provided, however, (i) that the additional Newsracks do not adversely impact 0 any adjacent parcels or impede pedestrian or vehicular traffic or create a public safety hazard as determined by the City Engineer; and (ii) are in conformance with The Anaheim Resort'" Public Rights -of -Way improvement plans on file and available for public inspection in the Anaheim Public Works Department. The decision of the City Engineer and the Director relating to Applications for additional Newsracks shall be delivered, in writing, by first- class mail or personal delivery, to the applicant within thirty (30) days from the date of receipt of the written request and shall be final unless appealed to the City Council within ten (10) days from the date of service of the decision in accordance with the appeal procedures set forth in Section 4.82.120 of this Chapter. Failure to deliver the decision regarding such application within the specified time shall be deemed a rejection of said application. .0204 No Newsrack shall be used for displaying advertising or other commercial signs other than displays dealing with the advertisement, sale or purchase of the publication sold therein. Except for the name and other trademarks of the publication therein, such permissible advertising materials shall be removable and shall not be painted on or otherwise permanently affixed to the exterior of the Newsrack cabinet. .030 IDENTIFICATION OF NEWSRACKS. Every person or entity which installs, vends from, operates or maintains a Newsrack which rests, in whole or in part, upon, in or over any Public Right of Way in the City of Anaheim, including The Anaheim Resort—, shall, in addition to its registration decal, have his or her name, address and telephone number affixed thereto in a place where such information is clearly visible from the front of the Newsrack. 4.82.050 MAINTENANCE STANDARDS. .010 Any person or entity that installs, vends from, operates or maintains, or causes to be installed, vended from, operated or maintained, any Newsrack which rests, in whole or in part, upon, in or over any public Right -of Way, Sidewalk or Parkway within the City of Anaheim, including The Anaheim Resort'*', shall regularly maintain and service each such Newsrack to ensure the following: .0101 That each Newsrack registered to any Registrant remains reasonably free of: ,010101 .010102 .010103 ,010104 .010105 .010106 .010107 Dirt and grease; Chipped, faded, peeling and/or cracked paint; Graffiti; Rust or corrosion on any visible part of the Newsrack unit; Cracked, dented, blemished and/or discolored parts, including, but not limited to the clear plastic or glass window through which the publication therein is viewed; Torn, peeling or faded paper or cardboard parts and/or insertions; and, Broken, missing or damaged structural parts. 7 .0102 That each such Newsrack, including the coin -return mechanism, shall remain mechanically operable. .0103 That any unused or "abandoned" Newsrack shall be removed by the Registrant whose name appears on the Newsrack as provided in subsection 4.82.040.030 of this Chapter, and the sidewalk or parkway be restored to its condition prior to installation of the Newsrack, including, but not limited to, the removal of bolts, holes or other hazards and sidewalk reconstruction to the condition before the Newsrack was affixed, within fifteen (15) days from the date of actual removal of the unused or abandoned Newsrack or within fifteen (15) days of service of written notification from the Director to remove such Newsrack. For the purposes of this Section, a Newsrack shall be deemed "abandoned" when no new publication has been placed in such Newsrack for a period of thirty five (35) consecutive calendar days or when maintenance of the Newsrack has not been performed to the standards set forth in this subsection for a period of thirty five (35) consecutive days. 4.82.060 NONCOMPLIANCE WITH STANDARDS AND REQUIREMENTS Whenever any Newsrack is found to be in violation of this Chapter 4.82, the Director shall cause a tag to be attached to said Newsrack specifying the date and nature of the deficiency, the date by which deficiencies must be corrected, and the name and telephone number of the designee of the Director who caused such deficiency notice to be issued. A duplicate of the deficiency notice shall within three working days thereafter be mailed by first class mail by the Director to the Registrant whose name appears on the Application on file in the Anaheim Planning Department. If ownership of the noncomplying Newsrack cannot be determined, the tag attached to the Newsrack shall serve as the written notification of noncompliance. Any Registrant served with such notice of deficiency shall, within fifteen (15) days from the date of service of the written notification of noncompliance, or, if the owner is undeterminable, within fifteen (15) days from the date specified upon the deficiency notice tag attached to the Newsrack, either cause the violation to be corrected or request a hearing pursuant to Section 4.82.110 of this Chapter. 4.82.070 IMPOUNDING OF NEWSRACKS Upon the expiration of the fifteen (15) day period after mailing notification of non-compliance to the Registrant or other notification permitted pursuant to Section 4.82.060 of this Chapter, and subject to the hearing and appeal procedures provided in this Chapter, the Director shall cause any Newsrack to be impounded: .010 When its installation, operation or maintenance endangers the safety of persons or property; or .020 When its installation, use or maintenance violates any of the requirements or standards set forth in this Chapter. .030 When such Newsrack has been abandoned. For purposes of this Section, a Newsrack shall be deemed "abandoned" when no new publication has been placed in such Newsrack for a period of thirty five (35) consecutive days or when maintenance of the Newsrack has not been performed to the required standards set forth in Section 4.82.060 of this Chapter for a period of thirty five (35) consecutive days; .040 When such Newsrack does not have the required registration decal or the name, address and telephone number of the Registrant affixed in a place where such information is clearly visible on the front of the Newsrack as required in subsection 4.82.040.030 of this Chapter, and the Registrant of such Newsrack cannot be otherwise identified; or .050 When a deficiency notice tag has been attached to such Newsrack and the Registrant has been notified, in writing, pursuant to Section 4.82.060 of this Chapter, and the Registrant has neither caused the specified violation to be corrected nor requested a hearing pursuant to Section 4.82.110 of this Chapter within fifteen (15) days from the date of service of the notice of deficiency; or .060 When a request for hearing pursuant to Section 4.82.110 of this Chapter has resulted in a final determination that the violation(s) specified in the notice of noncompliance has in fact occurred, and the Registrant has failed to correct such violation(s) within ten (10) days from the date of service of written notification of determination; or, .070 When a request for a hearing after notice of deficiency has been withdrawn. Such request shall be deemed withdrawn either by the actual withdrawal, in writing, by the Registrant requesting the hearing or by the failure of the Registrant to fully comply with Section 4.82.110 or Section 4.82.120 of this Chapter. .080 Notwithstanding any of the foregoing, nothing shall preclude the summary abatement and impoundment of any Newsrack that rests, wholly or in part, upon, in or over any Public Right -of -Way which the Director determines to pose an imminent hazard to public health or safety unless immediately abated. Notification of such summary abatement shall be provided to the Owner or Registrant of such Newsrack as soon as practicable but in no event later than two (2) working days following such abatement action. Following such notification, the owner or Registrant thereof may replace the summarily impounded Newsrack and any damaged infrastructure thereof with one conforming to the standards established in this Chapter. 4.82.080 NOTICE OF IMPOUNDMENT. Whenever any Newsrack is impounded pursuant to Section 4.82.070 of this Chapter, a written notice of impoundment shall be sent to the registrant within three (3) working days from the date of such impoundment unless otherwise provided under this Chapter. The Registrant may, within thirty (30) days from the date of service of such notice of impoundment, either (i) claim the impounded Newsrack upon the payment of an impound fee as specified by resolution of the City Council or, (ii) request a hearing as provided in Section 4.82.110 of this Chapter. 4.82.090 RETURN AND REINSTALLATION OF IMPOUNDED NEWSRACKS. .010 Any Newsrack, together with its contents, which has been impounded pursuant to Section 4.82.070 of this Chapter, shall be reinstalled by the authority which removed it at the location from where it was removed: C .0101 Upon a determination after a hearing pursuant to Section 4.82.110 of this Chapter, that the Newsrack should not have been impounded and should be returned to the designee; or .0102 Upon a decision by the City Council on appeal, pursuant to Section 4.82.120 of this Chapter, that the Newsrack should not have been impounded. .020 In the event a hearing has not been requested pursuant to Section 4.82.110 of this Chapter within the time permitted following notification of impoundment of any Newsrack, an impound fee, in an amount specified by resolution of the City Council, shall be imposed upon the Newsrack, which fee shall be paid, in full, by the Registrant of the Newsrack prior to the return of the impounded Newsrack. 4.82.100 SALE OR DISPOSAL AFTER IMPOUNDMENT. The City may sell or otherwise dispose of any impounded Newsrack, together with its contents, and retain the proceeds, pursuant to Anaheim Municipal Code Section 1.12.070 from any such sale or other disposition, and any monies contained in said Newsrack at the time of its impoundment, provided that: .010 No hearing upon notification of noncompliance has been requested pursuant to Section 4.82.110 of this Chapter within the time permitted and the impounded Newsrack has gone unclaimed by the Registrant for a period of thirty (30) consecutive days following the date of service of the notification of impoundment; or .020 A hearing and/or subsequent appeal has resulted in a final determination that said Newsrack was properly impounded, and fees assessed pursuant to Section 4.82.090 of this Chapter have not been received within thirty days (30) from the date of mailing of the final determination. 4.82.110 HEARING. .010 Request for Hearing. A Registrant of any Newsrack may file a written request with the Director for an administrative hearing before the Director within the time provided under this Chapter for the purpose of demonstrating that a Newsrack should not have been impounded, or that a violation as specified in the notification of deficiency pursuant to Section 4.82.060 of this Chapter has not in fact occurred. .020 Fee. Requests for hearing shall be accompanied by the payment of a fee in an amount specified by resolution of the City Council. .030 Notice of Hearing. Within seven (7) days from the date on which the written request for hearing is received, the Director shall set a hearing date and shall notify the Registrant, by first-class mail, of the date, time and place of said hearing. Said hearing shall be held if at all possible within fifteen (15) days and in no case later than twenty one (21) days of the date of mailing of said notice. .040 Conduct of Hearing. The hearing shall be public; however, no notice other than that required in subsection .030 of this Section 10 4.82.110 shall be required. At the time and place set for such hearing, the Director, or his or her authorized representative presiding over the hearing, shall receive evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this Chapter, and any other relevant information. The rules of evidence shall not apply. Oral evidence shall be taken and recorded only on oath or affirmation administered by the City Clerk or his/her authorized representative pursuant to Section 704 of the City Charter. .050 Continuation of Hearing. If, for any reason, testimony cannot be completed on the day set for such hearing, the Director or his designated representative presiding over the hearing may, before adjournment or recess thereof, publicly announce the time and place to which said hearing will be continued, and such announcement shall serve as sufficient notice of such continuance, and no further notice need be given. .060 Decision After Hearing. Within ten (10) days after the conclusion of the hearing, the Director or his or her designated representative presiding over the hearing shall find and determine, from the facts adduced at said hearing, whether the Newsrack should have been tagged and/or impounded, and whether said Newsrack shall be returned. The decision of the Director shall be in writing and shall contain findings of fact, a determination of the issues presented, and the amount of the fee, if any, to be imposed as specified by resolution of the City Council. .070 Notice of Decision and Appeal. Within ten (10) days following the conclusion of the hearing, the Director shall send, by first-class mail, to the Registrant, a copy of the Director's decision and order. The decision of the Director shall be final ten (10) days from the date of mailing of such decision unless a written appeal to the City Council is filed by the Registrant with the City Clerk within such ten day appeal period. 4.82.120 APPEAL. .010 Right of Appeal. Any person aggrieved by the decision of the Director may, within ten (10) days following the date of mailing of the Director's decision and order, appeal such decision and order to the City Council by filing an appeal, in writing, with the City Clerk accompanied by a filing fee in an amount as specified by resolution of the City Council. The contents of the written appeal shall set forth the reasons why the appellant believes the Director's decision was erroneous. Notwithstanding the foregoing, any member of the City Council may, within the ten (10) day appeal period, request a review of the Director's decision by notifying the City Clerk of such request and having the matter placed on the City Council agenda. The City Clerk shall promptly notify all interested parties of such action. .020 Upon receipt of a written appeal, or upon a request for review of the Director's decision by one or more members of the City Council, the City Clerk shall notify the Director who shall, within ten (10) days, transmit a copy of all evidence received in the matter, findings of fact, decision and order to the City Clerk, who shall forward the information to the City Council. 11 .030 Action by City Council. The City Council shall, within thirty (30) days of receipt of the materials specified in paragraph .020 of this subsection: .0301 Uphold, reverse or modify the decision and order of the Director by motion; or .0302 Set the matter for hearing by so notifying the parties. . Such hearing shall be held de novo as if no hearing had previously been held. .0303 Failure of the City Council to act upon an appeal filed pursuant to this Chapter within the time limits set forth herein shall be deemed a denial of said appeal. .040 Appointment of Hearing Officer. Pursuant to Section 1.12.110 of this Code, the City Council may appoint a disinterested hearing officer to conduct appeal hearings on its behalf pursuant to this Chapter, provided, however, that the hearing officer shall not be the same person(s) who rendered the decision from which the appeal is being taken. The costs for the hearing officer shall be paid by the City unless otherwise required by law. .050 Judicial Relief. The provisions of Section 1094.8 of the California Code of Civil Procedure shall govern any application for administrative mandamus based upon decisions rendered hereunder. 4.82.130 AUTHORITY OF DIRECTOR TO PROMULGATE RULES AND REGULATIONS. The Director may promulgate administrative rules and regulations, not inconsistent with the provisions of this Chapter, which he or she deems necessary to properly exercise the authority conferred hereunder. All such rules and regulations shall be kept on file and available for public inspection in the Anaheim Planning Department, and a copy thereof shall be furnished to any applicant, Registrant or member of the public upon request. 4.82.140 HOLD HARMLESS. Every person or entity which installs, vends from, operates or maintains a Newsrack on a public Sidewalk or Parkway in the City of Anaheim shall file a written statement with the Director, satisfactory to the City Attorney, agreeing to indemnify, defend and hold harmless the City, its officers, City Council members and employees, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, operation, or maintenance of a Newsrack or Newsracks within the City of Anaheim. 4.82.150 DEPOSIT, INSURANCE OR BOND REQUIRED. A cash deposit, insurance policy, bond, or other security approved by the City Attorney shall be maintained by each Registrant for each 12 registered Newsrack in an amount equivalent to the estimated actual cost of removal of the Newsrack and completing any sidewalk or parkway repairs left unfinished by the Registrant following the removal of any Newsrack. Any such security shall be approved as to form by the City Attorney." 4.82.160 COMPLIANCE WITH THIS CHAPTER. .010 All provisions governing Newsracks in the Anaheim Municipal Code shall be contained in this Chapter 4.82. In the event of a conflict or inconsistency between any provision contained in this Chapter and any other provision contained in any other chapter of this Code, the provisions contained in this Chapter 4.82 shall govern and apply. .020 The provisions of this Chapter shall apply to all Newsracks, whether installed and maintained prior to or after the effective date of the provisions of this Chapter or any amendment thereof. .030 Legal Nonconforming Newsracks. Any Legal Nonconforming Newsrack installed prior to the effective date of this Chapter, which violates or otherwise does not conform to the provisions and standards of this Chapter, shall be removed, altered or replaced so as to conform to the requirements set forth herein (hereinafter the "abatement") within ninety (90) days of the effective date of the ordinance adopting this Chapter 4.82, or on or before June 30, 2002, whichever is later; Any legal nonconforming Newsrack not brought into compliance within the aforementioned abatement period following notification pursuant to this subsection shall be deemed to be in violation of this Chapter. For purposes of this subsection, "Legal Nonconforming Newsrack" shall mean any Newsrack that complied with all applicable ordinances and regulations in effect at the time of its installation, but which does not conform to one or more of the requirements of this Chapter. 4.82.170 VIOLATIONS - PENALTY. .010 Infraction. Except for violations described in subsection .020 of this section, any person violating the provisions of this Chapter 4.82 shall upon conviction thereof be guilty of an infraction. The maximum fine or penalty for any person convicted of any infraction hereunder shall be as set forth by State law. .020 Failure to Comply with Final Decision and Order - Misdemeanor. Notwithstanding the provisions of subsection .010 of this Section, any person failing to comply with any final decision and order issued pursuant to Section 4.82.110 or Section 4.82.120 shall upon conviction thereof be guilty of a misdemeanor. Any person convicted of such misdemeanor shall be punished in the manner provided in Section 1.01.370 of this Code. .030 Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder." SECTION 2. SEVERABILITY 13 The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance or the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of this Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violations thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of an infraction unless specifically made a misdemeanor as provided in this ordinance. THE FOREGOING ORDINANCE Council of the City of Anaheim this ATTEST: CITY CLER OF TH CITY OF ANAHEIM 39946.4 is approved and adopted by the City 25th day of September-, 2001. MAY F THE ITY OF AN EIM 14 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5782 was introduced at a special meeting of the City Council of the City of Anaheim, held on the 18th day of September, 2001, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 25th day of September, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Tait, Kring ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL) -7- CLER OF THE CITY OF ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: October 4. 2001 '`I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: October 4, 2_001 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp �C Proof of Publication of AN ctyOE t�A I OF -WAY This orftww t adds a nsw Chso—w 4.#2 b fba IMS rddt+MGbek #A SPMPM r�MpWana.'" stsrgsl�ds go� nsws►adfsrlpMbiof�vay. A)SS: MeW D*, Counel M$ n M: FeldhoM. ANW: Nom fs?owwfolrlt�Nissrnt. Mv. Telt ��os� isd n tlnfhs!io . � h� .- p�yoe�ts� aRw1s raCWa.isbr.otfn. I ctwptrtwom. Moon �, v 26-1 4'