3369N0.' ' 3369 - . .
AN .ORDINANCE. OF THE CITY OF -ANAHEIM AMENDING
TITLE 4 BY ADDING THERETO CHAPTER 4.82,.,
REGULATING NEWSRACKS 'ON 'PUBLIC RIGHTS-OF-WAY.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
"SECTION 1.
That Title'4-of the Anaheim Municipal Code be,' and
the same :is hereby amended by adding thereto a new chapter.,,
Chapter 4..82, ,reading as -follows:`
"CHAPTER 4.82.
NEWSRACKS ON PUBLIC RIGHTS-OF-WAY
SECTION 4.820'010. PURPOSE AND INTENT
that:.
The Council of the City of. Anaheim finds -and declares
(a) Coin vending machines placed upon -public property. in a
location which :unreasonably interferes with, :or impedes, th-e
flow .of pedestrian or vehicular traffic create a nuisance which'.
jeopardizes: the safety of'the citizens of the City of Anaheim by
preventing safe passage to- and from public sidewalks, public
streets, roadways.,- or parkways. -
(b.) The public display of pictorial material depicting
nudity -and sexual conduct in publications -contained in newsracks:
located on public rights-of-way is patently offensive and harmful
to passersby when readily -visible -to them,.and is detrimental to
a healthy moral environment :to which :persons -of the City of
Anaheim are entitled.
(c) Such :public displays are .thrust indiscriminately on
children and unwilling adults and -constitute -assaults- upon
individual privacy.
(d) Every person is entitled to -use the public rights-of-
way in the City of Anaheim without being subjected to such .public
displays.
(e.)' Such public displays constitute a public nuisance.
(f). Th -e provisions -and prohibitions hereinafter. contained
and enacted are 1n pursuance'of and for the purpose of securing
and promoting the public health, .safety., morals- -and general
welfare of the persons -in the City of Anaheim -in their use of
public rights-of-way.
SECTION 4:82.-020 . DEFINITIONS
For the :purpose :of the provisions of this Chapter
concerning newiracks -on public rights-of-way hereinafter set
forth,: 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:
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(a) NEWSRACK 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. -
STREET shall mean all that area dedicated to
public use '.for public street purposes:. -and shall -
include,' but not be limited to, roadways, park-
ways,- 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. side-
walks. -arid the curb of any street, ,and where
there is no sidewalk .that urea between the edge
of the roadway and the property line adjacent
thereto. 'Parkways shall- als-o include :any area
within a roadway which'is not open to: vehicular
travel.
(e) SIDEWALK shall mean any surface provided for
the exclusive .use 'of pedestrians. -
(f.) NUDITY shall' mean. the showing with- less- than a
fully opaque covering -of the genitals,- pubic
Mire buttocks, natal cleft,:perineum, anus -or
anal region of any person, .other than a child
underthe age 'of .puberty, or any portion of the
breast at -or below the areola thereof of any
female person,.other than a child -under the
age- .of puberty.
(g) SEXUAL CONDUCT shall mean an act -of sexual
intercourse,'masturbation, homosexuality,.
sodomy, bestiality, anal intercourse,. oral
copulation, .flaaellation, • ,or other. act of
sexual -arousal involving any physical-contact-
with'a person's clothed or unclothed genitals,
pubic region, pubic hair,. buttocks, natal
cleft,- perineum, anus -or anal region, or, ,if
such 'a person be 'a female,' breast.
(h)' PICTORIAL MATERIAL shall mean any material
suggesting or conveying a visual image, and
includes, but is not :limited to, ,a photograph,
painting or drawing.
(i.) 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 -is not limited to, ,a street,
sidewalk, curb,. gutter:, ,crossing, .intersec-.
tion, ,parkway, highway, alley,.' lane,. mall,,-.
court, -:way, avenue,: boulevard, ,road,- roadway,
viaduct', subway,, tunnel, bridge,'.thoroughfare,
park,.square,. and any other similar public
way.
-2-
SECTION -4.82.030. PROHIBITIONS
(a) No -person shall knowingly place .or maintain,
or cause to be placed or maintained,.in any
newsrack which .rests -in whole 'or in part,
upon, ,in or on any portion of a public right-
of-way, or which .projects: onto, ,into or over
any part of a public right-of-way, any
publication or material which while in said
newsrack exposes to: public view any pictorial
material which 'depicts -or appears. to: depict
nudity or actual -or simulated sexual -conduct.-
(b) No 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 theroadway of
any public street, or which rests:,- wholly or
in part,: upon, along or over any -portion of
the roadway of any' public street.
(d.) No person shall install, use :or maintain, or
cause to be installed, used, or maintained,.
any newsrack which 'in whole :or in part :rests.
upon, in or ovet any public sidewalkor park-
way, when such .installation, use or maintenance:
(1) endangers the safety of persons or property;
or
MY unreasonably interferes with .or impedes the
flow of pedestrian or vehicular traffic,,
including any legally parked or stopped
vehicle;. or
(3.) unreasonably Interferes with 'or impedes.
the ingress into or egress from any
residence .or plac6 '.of business, or the 'use
of poles, ,posts,,- ,traffic signs -or signals,
hydrants.,- mailboxes., or other objects
permitted at -or near the location; or
(4.)- interferes. with :the cleaning of any side-
walk bythe use .of mechanical sidewalk .
cleaning machinery.
SECTION 40'.82..040, STANDARDS
Any newsrack which 'in whole '.or in part rests. upon, ,in
or over any public sidewalkor parkway,.shall comply with the
following standards:-
(a)No newsrack shall exceed five '.feet -in height,-
. thirty inches -in width,' -or two feet in thickness.
(b): Newsracksshall- only be placed 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.'.
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(c) No newsrack shall be. chained, bolted -or otherwise .
attached to. any property not -owned by the owner of
the newsrack' or to any permanently fixed object.
(d.) Newsracks. may be chained or otherwise attached to
one 'another; hdwever, no more'.than three newsracks
may be:joined together in this manner,.and a space
of no less- -than eighteen inches shall separate'.
each. group. of three newsracks so attached.
(e). No newsrack or group of attached newsracks
allowed under. paragraph : (d) hereof shall weigh,
in the aggregate,::in excess -of one hundred
twenty-five pounds when empty.
(f.) Notwithstanding the provisions of subdivision
(c.) of -Section 4.82.030,. no newsrack shall be
placed, ,installed, used or maintained:
(1.) - Within three feet of any marked crosswalk.
(2.). Within fifteen feet mf the .curb return of
any unmarked crosswalk..
(3)' Within three feet -of any fire hydrant, .
fire call box,- ,police: call box or other
emergency facility..
(4.): Within three feet of any driveway.
(5.) Within three feet .ahead of, and fifteen
feet to- the rear of any sign marking a
designated bus -stop.
(6) Within three feet of any bus bench.'
(7.)' At any location whereby the clear space
for the passageway of pedestrians is
reduced to- less than six feet.
(S.) Within three feet .of any area improved
with- lawn,- .flowers, ,shrubs or trees or
within three feet of any display window
of anybuilding e g abutting thsidewalk
or parkway or_ in such manner. as to.
impede 'or interfere with :the reasonable:
use of such. window :for display purposes.
(g) No newsrack shall: be used for advertising signs
or publicity purposes. other. than that :dealing
with. the display, sale 'or purchase 'of the
newspaper or news: periodical sold therein.
MY Each newsrack 'shall: be maintained in a clean,
neat and attractive '.condition and in good repair
at -all times..
SECTION A.M..050 - IDENTIFICATION
Within thirty days -afterthis chapter. becomes effective,
every person or other entity.which :placesor maintains, -or causes
to be placed or maintained, a neiwsrack. on the 'streets: of the City
of Anaheim shall have his mr its name,' and current address and
telephone 'number affixed .thereto: in a place where such .information
may be easily seen.
-4-�
SECTION .4.:82:-060 . REMVAL
(a) Any newsrack :installed, used. or maintained, .or
caused to be.installed, used,.or maintained in
violation of the provisions -of this -subsection
may be summarily -removed and stored in any
convenient place by any public body or officer.
Such body -or officer. shall,, -,prior to- removal,
take reasonable steps -to-notify the owner
thereof. Upon failure :of the :owner., ,following
notice, to.claim such newsrack and pay
th:e expenses. -of removal and .storage
within thirty days after such :removal,
such 'newsrack shall be deemed to -be'
unclaimed property. in possession of the
Police 'Department and may be disposed of
pursuant to' law.
(b) In the case of violation of this subsection
relative to restrictions upon attachments.
of newsracks to property other than that
owned by the owner -of the 'newsrack, ,to
fixed objects. -or each -.other, ,and upon
location of newsracks,- any public body or
officer may, as -an alternative :to removal
under subsection (a) hereof, remove such.
attachment -and/or move :such 'rack or racks. -
in orderto restore :them to a legal condition.
SECTION 4.-82..07.0 - ABANDONMENT
In the event :any newsrack :installed pursuant -to this
chapter, .is not 'serviced with.:th-e publication it -is designed
to- disseminate .for a period of over .seven (7.) days,- City reserves.
the right to remove .same :pursuant .to: the :procedure set out -in
Section 4.82..06.0.. For purposes -of this section, abandonment
shall -include, but is not :limited to:, ,circumstances. where no
publication is in the 'rack -'for a period of over seven (7.) days.
SECTION 4.82.:080. VIOLATION -PENALTY
Any person violating any of the provisions of this
chapter shall be'deemed guilty. of a misdemeanor and upon conviction
thereof, ,shall 'be :punished as provided in Section 1.01.370.. Each
day that such violation iscommitted. -or permitted to. continue :shall
constitute .a separate offense and shall- be :punish -able 'as -such
hereunder.. "
.SECTION 2.:
If any section, ,subsection, ,sentence, .clause,. phrase or
portion of this ordinance :is for any reason held to be invalid or
unconstitutional by the decision of any court -of competent -jurisdic-
tion, such decision shall- not affect :the validity of the remaining
portions -of this ordinance. The City Council of the City of Anaheim
hereby. declares. that -it would have :adopted this ordinance 'and each
section, subsection, sentence',' clause, phrase .or portion thereof
irrespective 'of the: fact that -any one or more -sections, subsections, -
clauses:, phrases or portions be declared invalid or unconstitutional.
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SECTION 3.
TheCityCity 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, ,publishedand circulated
in said City.,. and thirty. -(3.0). days from and after its final passage
it .shall take .effect and be in full- force..
THE FOREGOING ORDINANCE is approved and signed by me this
... 12th- day of ... ' ' Nov mber : -.1974.
MAYOW OF THE CITY -OF ANAHEIM
ATTEST:
MY CLERK HE. Tv OF ANAHEIM
RAF;jh. -6-
STATE OF'CALIFORNIA. )
COUNTY OF ORANGE ) ss:
CITY OF ANAHEIM )
I, ALONA.M. HOUGARD, City Clerk.of:the City -.of -Anaheim, do
heteby.cettify that the foregoing Ordinance:No:'3369 was introduced
at a regular meeting of-.the'.City.Council of'the'City of'Anaheim,
held-on'the 5th day of-Novembet; 1974;:and that the'same was passed'
and adopted'at a regular meeting- 'Of �said, City-. Council held on'the
12th -day of'November;.1974y.by the' -following vote-bU the members
thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom
NOES: COUNCIL MMERS:' None.
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor'of'the'City-of'Anaheim
approved and signed -said Ordinance.No.'3369-on'the'12th-.day of
November; 1974.:
IN WITNESS -WHEREOF, I have hereunto set'my hand and affixed
the official seal of the City-of'Anaheim this 12th -day of November,.
1974•.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Ordinance No.
3269 and was published once in the Anaheim Bulletin on the 22nd
day of November, 1974.
City Clerk