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
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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.
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(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.
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(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.
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(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.
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(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."
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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
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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
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