4008ORDINANCE No. 4008
AN ORDIINA1,10E OF THE CITY OF AivAHEII ± REPEALING
ChAPTLR 4.82 OF TITLE 4 OF THE ANAHEI;�I MU14ICIPAL
CODE AND ADDING NEW CHAPTER 4.82 TO TITLE' 4 OF
THE A14AHEIa-? 1JUNICIPAL CODE RELAI`ING TO iv1_'1J SRACxiS
O" PUBLIC RIGHTS-OF-V°JAY.
CITY COUNCIL OF T�`-?-E CITY OF A �zAl r�II DOr;S ORDAIN
AS FOLLO _VS:
SECT 10 1.
That Chapter 4.82 of Title 4 of the Anaheim �Iunicipal
Code be, and the same is hereby, repealed.
That new Chapter 11.82 be, and the sal-fle is hereby,
added to Title 4 of the Anaheim IPlunicinal Code, to read as
follows:
"Chapter 1.82
Section 4.82.010. Definitions
For the purpose of the provisions of this
chapter concerning newsracks on public ri"hts-of-way
hereinafter set forth, the following words and
phrases small be construed to have the meaninf"s herein
set forth, unless it is apparent from the context that
a. different meaning is intended.
(a) AE111:_S_RAC1 shall mean any self-service or coin-
operated box, container, storage unit, or other
dispenser installed, used or maintained for the display,
sale or distribution of publications.
(b) STREET shall mean all that area dedicated to
Public use :for public street purposes and shall include,
but not be 1i7 -:i ted to, road.irlays, p.r'rwz,ys, alleys and
sideVla1sz_s.
(c) F�OAD1,JAY shall T,,,ean that nortion of a street
imT)roved, de si,( ped or ordinarily used for vehicular
travel.
(c') PARK,�JA shall mean that area between the side-
walks and the curb of any street, and where there is no
sidewalk that area between the ed`;c of the roadway and
the nronerty line adjacent thereto. Parkways shall also
include any area, within a roadway ihich is not open to
vehicular. travel.
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(e) SIDEWALK shall mean any surface provided
for the exclusive use of pedestrians.
(f) PUBLIC RIGHT-OF-WAY shall mean any place of
any nature which is dedicated to use by the public
for pedestrian and vehicular travel, and includes, but
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.
(g) PLANNING DIRECTOR shall mean the City of
Anaheim Planning Director or his designated representative.
Section 4.82.020. Registration of Location.
(a) No person shall install or maintain any news -
rack which in whole or in part rests upon, in or over
any public sidewalk or parkway without first notifying
the Planning Director of the following:
(1) The proposed location of each newsrack
to be installed or maintained in the City by the
applicant; 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.
(c) From the above information the Planning
Director shall designate location and spall be guided
therein solely by the standards and criteria set forth
in Section 4.82.040 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.
(d) A registrant for a location or locations shall
report immediately to the Planning Director any change
of address of such registrant or any sale or transfer of
ownership of newsracks located in the Citv of Anaheim.
Any transferee of such newsracks shall comply with the
provisions of this Section and the provisions of Subsection
(i) of Section 4.82.040 related to identification of
newsracks as of the date of transfer.
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rN
Section 4.82.030. Prohibitions
(a) r,,o person shall install, use or maintain, or
cause to be installed, used or maintained, 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
z)ortion of the roadway of any public street.
(b) -I'o person small install, use or maintain, or
cause to be installed., used or -maintained, any newsrack
w'c.ich in whole or in -oart rests upon, in or over any
~public sidewalk or parkway, when such installation, use
or r,.aintenance:
(1) Enda.n7ers the safety of persons or
property; or
( ) Is on a site or location used for
public utility purposes, public transportation
-ournoses or other governmental use; or
(3) ?nreasonably interferes with or
ir,rine"ies the flow of pedestrian or vehicular
traffic, including: any legally parked or
stopped vehicle; or
(4) Unreasonably interferes with or
impedes the 7_nC ress into or e'7ress from. any
residence or place of business, or the use of
poles, posts, traffic signs or siCna.ls, hydrants,
,-1 1 bo�,es or other objects r�eriIltted. at or near
the location; or
(�) Interferes with the cleaning of any
nT t -he use of mecllanical sidet,,TalkL
Sidewalk alk b;y
cleaning riaci�iner`.-.
Section 11.82.040. Standards
Any newsrac L in whole or in part rests
noon, in or over any public sidewa l', or part w«y shall
cor11ply with tyle following., standards:
(a) No newsrack shall exceed five feet in
'rzei :1 thirt. inches in width, or t. -,To feet in
thick=ness.
(�) lewsracks shall only be placed near a
curb or adjacent to the wall of a buildinlc,. i,lews-
racks placed near the curb shall be placed no less
than ei, lateen inches nor more than twentjT-four
inches from the edge of t=ie curb. I1ewsracks places
adjacent to the wall of a building shall be placed
parallel to such wall and not more than six inches
from t1ae wall. No newsrack shall be placed or
rilaintained on the sidewalk or parkway opposite a
newsstand or another newsrack.
(c) "To newsrack shall be chained, bolted or
otherwise attached to any property without the
express permission of the owner of said property.
(d) 1\Tot more than three newsracks shall be
placed immediately adjacent to each other, whether
chained or otherwise attached, or freestanding.
Any such Sroup of up to three newsracks shall be
separated by a space of not less than thirty-six
inches from any other individual newsrack or group
of newsracks.
(e) Notwithstanding the provisions of Section
4.82.030, no newsrack shall be placed, installed,
used or maintained:
(1) Within five feet of any marked crosswalk;
(2) i-iithin fifteen feet of the curb return of
any unmarked crosswalk;
(3) ylith.in five feet of any fire hydrant,
fire call box, police call box or other emergency
I
(!�) Within ten feet of any driveway;
(5) Within five feet ahead of, and twenty-
five feet to the rear of any siSn marking a
designated bus stop;
(6) Within six feet of any bus bench;
(7) At any location whereby the clear space
for the passageway of pedestrians is reduced to
less than sig: feet; or
(e) G°lithin three feet of any area improved
with lawn, flowers, shrubs or trees or within three
feet of any display window of any building abutting;
the sidewalk or parkway or in such manner as to
irlipede or interfere with the reasonable use of such
window for display purposes.
(f) ilio newsrack shall be used for advertising suns
or publicity purposes other than ti-lat dealing; with the
display, sale or purchase of the newspaper or news period-
ical sold therein.
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( ) Each newsrack shall_ be maintained in a clean,
neat and attractive condition and in good repair at all
times.
(h) io r;7ore than eir-ht newsracks shall be located
on any f�ublic ri -lat-of-wa-,T w:i_t zin a space of two hundred
_feet in any direction within the sa.c11.e block of the sar�ie
street; provided, however, that no more than si::teen
ne;Tsracks shall be allowed on any one block. As used
herein "block" shall mean one side of a street between
the two consecutive intersectinM streets.
In deters -.crinin;-, which newsracks shaJ_1 be permit-
ted to remain, the Planning Director shall be ,_;uided
solely by the fol.lowinEr; criteria:
(1) .First priority shall be given to newsracks
used for the sale of publications which have been
adjudicated to be newsnaners of �,eneral circulation
for Ora.nr-e County, pursuant to the procedure set
for_ th in Division 7, Article 2 of the California
Government Code.
(2) Second priority shall be given to news -
racks used for the sale of daily publications
(those published on five or more c+ays in a calendar
week) which have not been adjucicated to be news-
pa-crs of general circulation for Oran -re County.
( �') �'hJ r-? priority shal _ be ,given to new')
used for tje sale of iieekllr publications (those
�ubl'.shed ole at least one but less than five days
in a calendar 13cer7) whic l ha.vo not been adjudicated
^
uo be 1ersoa;,.ers of r,eleraw circulti on for Oran -e
County.
,s between newspapers included within any
sing>;J_e cate ory of priori
above, t�1^ Plannin;
Director s'zall also be guicaed by the following
criteria of priorities whenever ��ore than eight
newsracks are proposod fo_r an�T one location (two-
newsracks
ed-foot scace) or more t}:Ian sixteen newsracks
are proposed for any one bloc'-_:
i. .i irst priority shall be daily
publications (published five or more days
.per weel ) ;
Secon�,. Priority shall be publi-
cations published two to _four days per week;
ii.
Th-!_rO priority seal_ be publications
c,ublisheO one day per weer;.
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(i) Jvery person or other entity which places
or maintains a newsrack, which in whole or in part
rests upon, in, or over any dedicated sidewalk or
par'_ -way, in the City of Anaheim shall have his or her
name, address and telephone number affixed thereto in
a glace where such information may be easily seen.
Prior to the designation of a location by the Planning
Director under Section 4.82.020 hereof, the applicant
shall present evidence of compliance with this
Subsection.
Section 4.82.050. Noncompliance With This
Chapter.
Except as provided in Section 4.82.060 hereof,
whenever any newsrac'K is found to be in violation of
this Chapter Z!.82, the Planning Department (hereinafter
referred to as "Department"), shall cause a tag to be
attached to said newsrack specifying the date and
nature of the violation. A written notice of said vio-
lation shall thereafter be sent by the Departr,lent to
the person whose name appears on the newsrack as
i�rovided in Subsection (i) of Section 4.82.040, (here-
inafter referred to as "designees') , within tzaree working
days. ''he designee shall, within ten wo-rkincr days from
the date on which the tap; was attached, either cause
the violation to be corrected or request a hearing pursuant
to Section 4.((-)'2.100 hereof .
Section 4.32.060. Impounding of Newsracks
The Department shall cause any newsrack to
be iron ounde d :
(a) (here its installation, use or maintenance
endangers the safety of persons or property, and it
is imnracticeal to move such newsrack to another legally
Permitted location; or
(o) _Vlhere its installation, use or maintenance
unreasonably interferes with or impedes the flow of
vehicular or pedestrian traffic, and it is impractical
to rrove such newsracl, to another legally permitted
location; or
(c) Where its installation, use or Maintenance
interferes with the use of poles, posts, traffic signs
or sinals, hydrants, mailboxes or other objects legally
permitted, and it is a_rinractical to move such newsrack to
another legally perr:!itted location; or.
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(d) iThere its installation, use or maintenance
unreasonably obstructs, interferes with or iw,ipedes
access to or the use of abuttinr prot�erty, includinc,,
but not limited to, residences, olaces of business, or
legally par1red or stopped vehicles, and. it is i�,=acti-
cal to move such newsrack to another le -ally perri-di tted
location; or
(e) When such newsrack has been abandoned. For
purposes of this Section 4.82.060, a newsraci
(1) oDon receipt of an i1nnound fee, the
ar?ount of w',li cn has been set by resolution of
the City Council; or
( 2) upon a determi-nation after hecarinr; by
the Department, pursuant to Sect -Lon 4.82.100 hereof,
that the newsrack shoul;C not have been irrNounc?ed
and. should be returned to tz'le desi'.-;nee; or
(3} upon a decision by the City Council on
ar✓peal, pursuant to Section 4.C")2.110 hereof, tzat
the newsy. ac? -L should not have been izrnounded.
('; ) In the event a hearing; has not been
requested rursuant to Section 4.82.100 within the time
permitted followin,- impoundment of an ;T newsrac'-, an
_mnound fee, the ar.ount of which has been set b�T
resolution of. the City Council, shall be irlposed upon
the deli( -nee.
Section 4.82.090. Sale Or. Disposal After Impoundment
The Department rra.y sell or otherwise dispose
of an,T news ��ack, 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 onies contained in said newsrack at the time of its
impoundment, provided that either:
(^) io hearing has been requested pursuant to
Section 4.82.100 within the time permitted; or
(b) A hearin and an appeal, if filed, have
resulted in a final determination that said newsrack
was properly impounded, and fees assessed pursuant to
Section 4.82.080 have not been received within thirty (30)
days from the date of the final deter7mination.
CI
Section 11.82.100. nearing,
(a) Any newsrack desi[nee may file a written
request with the Department for a hearing for the pur-
pose of demonstratincr that a newsrack should not have
been impounded, or that a violation as specified on the
ta; attached to a newsrack pursuant to Section 4.82.050
hereof has not in fact occurred.
(b) votice of Hearin - ?, ithin five (5) workin ,
days from the date on which the reouest for hearing is
received, the Department shall set a hearing date and
shall notify the designee by first-class mail of the
date, time and place of said hearinc-. Said hearing
shall occur within ten (10) workin,7 days of the date
of mailing; the notice.
(c) Conduct of Hearin-; - At the time set for such
hearing;, or at the date to which such hearing is
continued, the Department shall receive all evidence
relevant to the occurrence or nonoccurrence of the
specified violation(s)3 the compliance or noncolaiplia.nce
-r�Tith any of the provisions of this Chapter, and any
other relevant information. Such hearing need not be
conducted according; to technical rules relatin` to
evidence and witnesses. Oral evidence shall be taken
only on oath or affirmation.
(d) Decision After Hearing, - Within ten (10 )
worlcinr_ days after the conclusion of the hearing, the
Department shall find and determine, from the facts
auuuced at said nearin , whether tie newsrack should
have been tai f ed and/or irfipounded, and whether said
newsrack shall be returned except upon receipt of_ fees
as specified in Section 4.82.080. The decision of the
Department shall be in writing and shall conta-._n
findings of fact, a determination of the issues
presented, and the amount of the fee, if any, to
be imposed.
(e) iotice of :��ecision -h.e Department shall
send to the desimnee, by first-class mail, a cony of'
its decision and order.
erection 4.82.110. Appeal After Hearing
(a) Right to Appeal - Any designee may, within
ten (10) workin: days of the mailing date of the copy
of the Denart-l.ient decision ancI. orcer, appeal such
dec-ision to the City Council by fi.li nr a notice of
appeal, and appeal with the Department.
(b) Contents of :appeal - An appeal shall set
forth in LI soccifically wherein the aellant
believes there aas error or abuse of discretion on
the part of the Dep-CA.rtment . '-Phe Departj-lent shall,
ithin ten (l0) �Tor� in days, transrcit the appeal,
together i,Tith a copy 0:.1:' its file, decision and order,
and response to the appeal, if' any, to the Clerk of
the City Council, who shall forward it to the City
Council.
(c) Action by Council - The City Council shall,
upon receipt of the iLaterial specified in ttae preceding
paragraph from the Department:
(1) Approve the decision and order of
the 'fDepartr,1ent; or
(2) Reverse orrloui �'y the decision and
order, and refer the matter back to the Depart-.ent;
or
(3) Set the matter for public hearing by so
notifying the appellant. Such public hearing shall
be held de novo as if no hearing; had previously
been held; or
(4) Approve the decision and order by taking
no action within thirty (30) days of the receipt
of the appeal.
Section 4.82.120. Authority of the Department
to Promulgate Rules and
Regulations
The Department may promulgate rules and
regulations, not inconsistent with the provisions of
this Chapter, which it deems necessary to properly
exercise its jurisdiction. All such rules and regula-
tions shall be kept posted in the City Clerk's Office,
and a copy thereof shall be furnished to any applicant
upon request.
Section 4.02.130. Hold Harmless
Every person or other entity which places
or maintains a newsrack on a public sidewalk or
parkway in the City of Anaheim shall file a written
statement with the Planning Director satisfactory to
the City Attorney whereby he or it agrees to indemnify,
defend and hold harmless the City, its officers,
Council members and employees, from any loss or liabil-
ity 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, use, or
maintenance of a newsrack or newsracks within the City
of Anaheim.
Section 4.82.140. Newsrack Violations
The provisions of this Chapter 4.82 shall
apply to all newsracks, whether installed and main-
tained 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 within sixty (60) 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.
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Section 14.32.150. newsrack Violations; Misdemeanor
Notwithstanding the provisions of Sections
14.82.050 and 4.82.060, violations of this Chapter 4.82
shall be a misdemeanor, and any person convicted of
such misdemeanor shall be punished by a fine not
exceeding; X500.00. Each day that such violation is
committed or permitted to continue shall constitute a
separate offense and shall be punishable as such
hereunder.
In any prosecution charging a violation of
any provision of this Chapter 4.82, proof by the People
of the State of California that the particular newsrack
described in the complaint was installed, used or
maintained, or caused to be installed, used or main-
tained, in violation of any provision of this Chapter,
together with proof that the defendant named in the
Complaint was at the time of such installation, use, or
maintenance, the Person whose name, address, and phone
number appeared on the newsrack pursuant to the identi-
fication requirements of Subsection (i) of Section
4.82.040 and/or the location registration requirements
of Section 24.82.0201 shall constitute prima facie
evidence that the newsrack was under the supervision and
control of such person at the time of the violation, but
shall not be prima facie evidence that such person
violated the provision alleged in the complaint.''
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The
Council 'hereby declares that it would have passed this
ordinance, and each section, subsection, sentence, clause and
phrase hereof, irrespective of the fact that any one or more
of the sections, subsections, sentences, clauses or phrases
hereof be declared invalid or unconstitutional.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the
repeal hereby 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
hereof, nor be construed as a waiver of any license or penalty
or the penal provisions applicable to any violation thereof.
The provisions of this ordinance, insofar as they are substan-
tially the same as ordinance Provisions previously adopted by
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the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments.
SECTION 5.
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin,
a newspaper of general circulation, printed, published and
circulated in said City, and thirty (30) days from and after
its final passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by
the City Council of the City of Anaheim this 22nd day of
May, 1979.
ATTEST:
LINDA D. ROBERTS, CITY CLERK
BY:
DEPUTY CITY CLERK OF THE C Y OF ANAHEIM
RO F : j h
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I. LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Ordinance No. 4008 was introduced at a regular meeting
of the City Council of the City of Anaheim, held on the 15th day of May,
1979, and that the same was duly passed and adopted at a regular meeting
of said City Council held on the 22nd day of May, 1979, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4008 on the 22nd day of May, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this 22nd day of May, 1979.
LINDA D. ROBERTS, CITY CLERK
BY e4&2jod&_ I &W
DEPUTY CITY CLERK
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 4008 and was published
once in the Anaheim Bulletin on the 1st day of June, 1979.
LINDA D. ROBERTS, CITY CLERK
BY _�eg� P I k
DEPUTY CITY CLERK