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HomeMy WebLinkAboutOrd 1402ORDINANCE NO. 1402 ORDINANCE ADDING 12.23 TO TITLE 12 OF THE BURLINGAME MUNICIPAL CODE RELATING TO REGULATIONS OF NEWSRACKS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ORDAIN as follows: Section 1. Chapter 12.23 is hereby added to Title 12.22 of the Burlingame Municipal Code to read as follows: CHAPTER 12.23 NEWSRACKS "Section 12.23.010. Purpose, The Council hereby finds and declares that the uncontrolled placement and maintenance of newsracks on and within public rights- of -way unreasonably interferes with, and obstructs, the use of such rights-of-way for the safe passage of pedestrians and vehicles, and further obstructs and interferes with the safe and reasonable use of private property adjoining, or in the vicinity, of such rights-of-way. The Council further finds and declares, however, that placement and maintenance of newsracks on and within public rights-of-way is historically associated with the sale and distribution of newspapers, periodicals, and other publications and that such use shall not be denied. The purpose of this Chapter is to encourage the installation of modular newsrack and to 1 balance the foregoing interests through the regulation of the time, place and manner of using newsracks. Section 12.23.020. Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed thereto: (a) Director - The Park Director of the City, or his designee. (b) Newsrack - Any self-service or coin-operated box, container, storage unit, fixture or other dispenser installed, used or maintained for the display and sale or other distribution of one or more newspapers, periodicals, or other publications. (c) Modular newsrack. A newsrack containing two or more publications within a single unit. (d) Permittee - The person to whom a permit for the placement, installation and maintenance and use of a newsrack on or projecting onto a public right-of-way has been issued pursuant to this Chapter. (e) Public right-of-way - That area and those areas dedicated to public use for public street purposes including, but not limited to, roadways, parkways, alleys and sidewalks. (f) Roadway - That portion of a public right-of- way improved, designed, and ordinarily used for vehicular traffic. E (g) Sidewalk - Any area provided for the exclusive use of pedestrians, including planting areas or parking strips, between the public roadway and adjacent property line. Section 12.23.030. Permit Required. No person shall place, install, or maintain, or cause to be placed, installed or maintain a newsrack on, or projecting on, a public right-of-way, without first securing a permit therefore from the Director. Section 12.23.040. Application for Permit. (a) Applications for permits for newsracks shall be made to the Director or his designee. The application shall be accompanied by the following: i. The name, street address and telephone number of the applicant. ii. The name, street address and telephone number of a distributor or other responsible person whom the City may notify or contact at any time concerning the applicant's newsrack. iii. The number of newsracks and the exact proposed location of each; on permit may include all newsracks of the applicant. iv. If the newsrack is modular, a description of its dimensions and the number of publication spaces it will contain. 3 (b) There shall be no fee required for the issuance of a permit. It shall be issued within 30 days of application. Section 12.23.050. Issuance of Permit. Upon proper application the Director shall issue a permit for the placement, installation and maintenance of a newsrack. One such permit shall entitle the permittee to place, install and maintain one or more newsracks on or within the public right-of-way. A permit issued pursuant to this Chapter shall be non -transferable. A permit issued pursuant to this Chapter shall be deemed to incorporate as a condition to the placement, installation, maintenance, and use of a newsrack or newsracks thereunder, the requirement that the Permittee comply with all of the provisions of this Chapter. Section 12.23.060. Newsrack Identification. The Permittee shall affix to, or permanently display upon, each newsrack placed, installed, or maintained pursuant to a permit issued hereunder the Permittee's name, street address and telephone number. Section 12.23.070, Newsrack Standards. Any newsrack which in whole or part rests upon, in, or over any public right-of-way or sidewalk, shall comply with the following standards: (a) No newsrack shall exceed fifty two inches (5211) in height, or two feet (2') in depth. (b) Newsrack shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near a curb shall be placed not less than eighteen inches (18") nor more than twenty-four inches (24") from the edge of such curb. Newsracks placed adjacent to a wall of building shall be placed parallel to such wall and not more than six inches (6") from the wall. (c) No newsrack shall be chained, bolted or otherwise attached to any property not owned by the Permittee, or with respect to which the Permittee has not obtained in writing the permission of the owner thereof. No newsrack shall be chained, bolted, or otherwise attached to any permanently fixed object. (d) No newsrack shall be bolted or otherwise attached to the public sidewalk without specific approval in the permit. 5 (e) Newsracks may be chained or otherwise attached to each other to a maximum of spaces for four publications. A distance of not less than eighteen (18") inches shall separate each group of newsracks so attached. (f) Each newsrack shall be maintained by the Permittee in a clean and neat condition and in good repair at all times. Section 12.23.080. Prohibition in Roadways. No person shall place, install, maintain or use any newsrack which projects onto, or which rests, wholly or in part, upon, along or over any portion of a roadway. Section 12.23.090, Unlawful Obstructions. No newsrack shall be place, installed, or maintained: (a) Within three feet (3') of any marked crosswalk. (b) Within fifteen feet (15') of the curb return of any unmarked crosswalk. (c) Within three feet (3') of any fire hydrant, fire call box, police call box or other emergency facility. (d) Within three feet (3') of any driveway. (e) Within three feet (3') of, and fifteen (15') to the rear of any sign or pavement markings designating a bus stop measured parallel to the flow of traffic. (f) Within three feet (3') of any bench, seat or chair placed, installed or maintained for public use within a public right-of- way. (g) In such place or manner as to cause, create or constitute a traffic hazard. (h) In such place or manner as unreasonably to obstruct or interfere with access to, or the use and environment of abutting property, or the use of any legally parked or stopped vehicle. (i) In such place or manner as to endanger persons or property. (j) In such place or manner as unreasonably to interfere with or obstruct the flow of pedestrian or vehicular traffic on a public right-of-way or sidewalk. (k) In such place or manner as to reduce the clear space for the passage of pedestrians to less than six feet (6') width. 7 (1) In such place or manner as to interfere with the use of poles, posts, mailboxes or other permanently fixed objects permitted at or near the location of a newsrack. (m) In such a manner as to impede or interfere with the reasonable use of any commercial window display. Section 12.23.100. Removal. Any newsrack placed, used or maintained in violation of any provisions of this Chapter may be posted with a notice of violation by the Director. Said notice shall be attached to the newsrack so found to be in violation and shall direct the Permittee, or, if no permit has been issued, the owner, of the newsrack to contact the Director, and further that failure to correct the violation may result in removal and destruction of the newsrack. Upon posting the notice of violation, the Director shall send written notification of the violation for which such posting was made to the Permittee or owner, as the case may be, if the address of said Permittee or owner is known to the Director. Said notification shall: (1) state the nature of the violation; (2) state the date of posting of the newsrack or newsracks so found in violation; (3) require the correction of the violations within ten (10) days from the date of said notice; and (4) set the date, time and place of a hearing to be held by the Director which date shall not be less than twenty-one (21) days from the date of written notice) on the question of the violation or violations. In the event the Permittee or owner so found in violation has not corrected the violation,or violations within ten (10) days from the date of posting notice on the newsrack aforesaid, and in the further event that said person does not appear at the hearing, and in the further event that said violation or violations are not corrected within thirty (30) days from the date of the hearing, the newsrack or newsracks so found in violation of any of the aforesaid provisions shall be deemed abandoned. In the event of such abandonment, the Director may order the removal and destruction or other disposition thereof in accordance with the provision of law. Section 12.23.110. Impounded Funds. All money contained or placed in any newsrack destroyed or otherwise disposed of pursuant to the provisions of Section 12.23.110 hereof, shall be retained by the City for a period of one (1) year and disposed of pursuant to provisions of law governing found or abandoned property. Section 12.23.120. Summary Corrections. In the case of violations of the provisions of this Chapter relating to: (1) the attachment of newsracks to property other than that owned by the Permittee or pursuant to the permission of the owner of such property, (2) the attachment to fixed objects or to each other, or (3) the location of newsracks; the Director may, as an alternative to posting of a notice of violation, restore the newsrack or newsracks so found to be in violation to a condition in conformance with said provisions. Section 12.23.130, Appeals. Any Permittee, or Applicant for a permit hereunder, or any owner of a newsrack or newsracks for which no permit has been issued or for which no application has been made, may appeal any decision or determination of the Director to the Council by filing written notice of such appeal with the City Clerk within seven (7) days of such decision or de termination. On appeal, the Council may reverse, affirm, or modify the decision or determination so appealed. Section 12.23.140. Nuisance, Cumulative Remedies. The placement, installation, maintenance, or use of any newsrack in violation of the provisions hereof shall be, and the same is declared to be a public nuisance. The provisions of this Chapter shall not be deemed a limitation upon any other remedies of the City authorized by law with respect to the matters herein specified." 10 Section 2. Existing Newsracks. The Director shall give written notice to the owners or other persons claiming an interest in newsracks which have been placed, installed, used or maintained in the public rights-of-way on or before the effective date of this ordinance, or the enactment of said ordinance, stating generally the provisions thereof, and stating the necessity to comply herewith on or before the expiration of ninety (90) days from said notice. In the event the Director is unable to reasonably ascertain the owner or other persons to whom such notice shall be given, the Director shall cause notice of enactment of said ordinance and provisions to be placed upon those newsracks soexisting within the public rights - )f -way, which notice shall also direct the owner to contact the Director within thirty (30) days of the date specified on the notice, and which notice shall further state that failure to comply with the Provisions of this Chapter or any permit issued pursuant hereto may result in the removal and destruction of the newsrack. In the event an owner or other persons having an interest in a newsrack for which such written notice is given or which is posted with the aforesaid notice, does not respond thereto and does not obtain a permit therefor pursuant to the provisions of said ordinance, or otherwise does not cause the newsrack or newsracks specified in said 11 notice or so posted to conform to the requirements of this Chapter, shall institute removal proceedings in accordance with Section 12.23.110. Section 3. If any section, subsection, or provision of this Article or the application thereof to any person or circumstance is held invalid, the remainder of the Chapter and any application thereof to other persons, or such other circumstances shall not be affected thereby. Section 4 This ordinanceshah be published as required by law. I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the Burlingame City Council held on the 3rd day of January 1990, and was adopted thereafter at a regular meeting of the Burlingame City Council held on the 17th of January 1990by the following vote: AYES: COUNCILMEMBERS: BARTON, HARRISON, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK 12