HomeMy WebLinkAboutAgenda Packet - BC - 1988.09.01N 0 T I C E
BURLINGAME BEAUTIFICATION COMMISSION
MEETING: SEPTEMBER 1, 1988
* 5:30 P.M. *
A G E N D A
I. ROLL CALL
II. MINUTES OF AUGUST 4, 1988
III. COMMUNICATIONS
IV. REPORTS
A. Park Director
B. Chairman
C. Commissioners
V. OLD BUSINESS
A. Newsrack Committee
B. 1988 Landscape Award Selection
VI. NEW BUSINESS
VII. FROM THE FLOOR
CITY OF BURLINGAME
TO
WIffie 1
SUBJECT:
M
Beautification Commission
City Attorney
Comments on ewsrack Proposal
DATE: 8/24/88
The following are my comments on the general concepts that
were drafted regarding newsracks. I will parallel my comments
to the numbers on the document, but would generally note that
there seems to be some confusion within the proposal; whether
all newsracks will be required to be in modular units or
whether the ordinance will allow individual newsracks. As
some of you know, the existing modular newsracks were installed
several years ago in response to an earlier newsrack concern.
They are managed by the Chronicle Publishing Company and spaces
rented out to those who occupy them. While there may be locat-
ions which could utilize more modular racks, in several places
where they exist there are vacant spaces, indicating that the
other papers do not wish to pay rent to use them. About the
only way we could force newspapers to use modular racks is if
they were purchased by the City and space allowed free. An
exception to this is the case of Carmel where an intensive
traffic study was performed to support the requirement of all
papers going into modular racks and, as we understand it, cost
being split with the city. I doubt that we can prove such
pedestrian congestion as they have in Carmel. Additionally,
we understand there was substantial cooperation from the news-
papers.
With the above introduction, the following are my comments on
the general concepts:
1. See my comments above regarding modular racks.
2. This assumes modular racks are not required and others are
allowed. Since most racks are almost square I do not know
if the safety aspect can be proven. Also, most racks do not
place themselves at a right angle to parked cars so the
provision may unnecessary.
3. "Uniform Appearance" is too vague.
4. The provision regarding empty modular racks is unclear. If
there are only modular racks it is unnecessary; if there are
other kinds of racks, then we aren't forcing people to use
them.
5. Permits should be required before placement of any newsracks,
not ten days afterwards.
6. A, B & F are standard provisions. C, the number and location
of newsracks,appears unnecessary and a lot of red tape.
D requiring a permit fee is probably illegal. E requiring an
Page 2
annual permit seems unnecessary unless we wish to keep
our information current.
7. See my comments above about modular racks. A, most
ordinances keep racks next to walls and next to curbs
rather than as described here. A minimum access of
six feet for pedestrians is usually provided. See
Provision 8(g). B, prohibiting newsracks across from
each other appears unnecessary so long as the six foot
distance is maintained.
8. Most of these provisions are typical. In A I would suggest
a distance of five feet rather than prohibiting attachment.
H appears somewhat vague but probably is not prohibited
as far as commercial windows and such. I wonder about
the prohibition regarding landscaping. M. is probably
not defensible. Other than esthetics there appears to
be no reason for a distance of two hundred feet between
newsracks.
9. This is essentially a Carmel type ordinance and takes
the substantial factual basis as described above. The
provision of B allowing the City to choose between papers
to be shown at a location is prohibited by a recent
Supreme Court decision. C, while a removal provision
is possible, the actual ordinance requires substantial
notice and hearing procedure. Provision C(2) is
`,. unnecessary since we would not be assigning locations.
JFC/b
September 29, 1988
TO: Beautificatio ommission
FROM: City Attorne
SUBJECT: NEWSRACK 0 INANCE
After discussion with your sub -committee I have prepared a
form of Newsrack Ordinance. Several years ago a similar
ordinance was presented to the City Council, was modified
extensively, and was eventually tabled. The current
ordinance does not contain a requirement of modular
newsracks, since the committee decided there were several
legal and financial complications; the ordinance does not,
however, present any complication to encouraging them.
The following is a summary of its provisions.
The ordinance follows the format approved by the courts in
cases involving the City and the County of Los Angeles. A
no -fee permit is required to place any kind of newsrack
upon the public right-of-way. A single permit is issued to
each company and covers all the racks in the City. It is
renewed annually. Each rack is required to have the
owner's identification and permit number upon it. Various
standards are established for the size and placement of
�- newsracks. Unlawful obstructions are separately spelled
out limiting such things as distance from a crosswalk or a
fire hydrant and stating general safety hazard
requirements. Provisions are made for summary removal of
hazardous newsracks and noticed removal of those that
violate other provisions of the ordinance. An appeals
procedure to the Council is established. A provision for
giving notice to those having existing newsracks is
included thereby giving them time to comply with the
ordinance.
Please let me know if you have any questions regarding the
ordinance. I would note that while counsel for the
newspapers probably will raise protests to some provisions,
all are completely legal and tested by the courts.
JFC/b
NEWSRACKS
ORDINANCE NO.
ORDINANCE ADDING 12.23 TO TITLE 12
OF THE BURLINGAME MUNICIPAL CODE RELATING
TO REGULATION OF NEWSRACKS
The CITY COUNCIL of the CITY OF BURLINGAME_does 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 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 Director of Public Works of the
City, or his designee.
"(b) Newsrack - Any self-service or coin -operated box,
container, storage unit or other dispenser
installed, used or maintained for the display and
sale or other distribution of newspapers,
periodicals, or other publications.
"(c) 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.
"(d) 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.
"(e) Roadway - That portion of a public right-of-way
improved, designed, and ordinarily used for
vehicular traffic.
"(f) Sidewalk - Any surface provided for the exclusive
use of pedestrians.
"Section 12.23.030. Permit Required. No person shall
place, install, or maintain, or cause to be placed, installed or
maintained 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 or his designee. The application shall
FOO
be accompanied by the following:
i. The name, address and telephone number of the
applicant.
ii. The name, address and telephone number of a
responsible person whom the City may notify or contact at any
time concerning the applicants newsrack.
iii. The number of newsracks and the exact
proposed location of each.
(b) There shall be no fee required for the issuance
of the permit.
"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 to any person. 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. Term. A permit issued pursuant to
this Chapter shall remain in effect for a period of one (1) year
from the date of issuance thereof, provided, however, that said
permit shall be renewable annually upon application therefore by
the Permittee.
"Section 12.23.070. Newsrack Identification. The
Permittee shall affix to, or permanently display upon, each
newsrack placed, installed, or maintained pursuant to a permit
issued hereunder the following identification:
"(a) The Permittee's name, address, and telephone
number; and;
"(b) The Permittee's permit number.
"Section 12.23.080. 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 four feet (41) in
height, or two feet (21) 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 (1811) nor more than twenty-four
inches (2411) from the edge of such curb.
Newsracks placed adjacent to a wall of a building
shall be placed parallel to such wall and not
more than six inches (611) 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 an encroachment
permit obtained pursuant to Chapter 12.10.
"(e) Newsracks may be chained or otherwise attached to
each other; however, no more than four (4)
newsracks may be joined together in such manner,
and a space of not less than eighteen inches
(1811) 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 12.23.090. 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 12.23.100. Unlawful Obstructions. No
newsrack shall be placed, installed, or maintained:
"(a) Within three feet (31) of any marked crosswalk.
"(b) Within fifteen feet (151) of the curb return of
any unmarked crosswalk.
"(c) Within three feet (31) of any fire hydrant, fire
call box, police call box or other emergency
facility.
"(d) Within three feet (31) of any driveway.
"(e) Within three feet (31) ahead of, and fifteen feet
(151) to the rear of any sign or pavement
markings designating a bus stop measured parallel
to the flow of traffic.
"(f) Within three feet (31) 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 a 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 (61) width.
"(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 12.23.110. Removal. Any newsrack placed,
used or maintained in violation of any of the 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.
Within three (3) days of the date of the posting
aforesaid, the Director shall send written notice of the
violation or violations for which such posting was made to the
Permittee or owner, as the case may be, if the address of said
owner is known to the Director. Said notification shall: (1)
state the nature of the violation or violations; (2) state the
date of posting of the newsrack or newsracks so found in
violation; (3) require the correction of the violations within
seven (7) 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
(7) 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 12.23.120. Impounded funds. All money
contained or placed in any newsrack destroyed or otherwise
disposed of pursuant to the provisions of Section 12.23.111
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 12.23.130. 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 12.23.140. 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 determination. On appeal, the Council may
reverse, affirm, or modify the decision or determination so
appealed.
"1
Section 12.23.150. 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."
Section 2. Existing Newsracks. The Director shall
give written notice to the owners or other persons claiming an
interest in newsracks placed, installed, used or maintained in
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 date of enactment. 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 so existing within the public rights -of -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
OR
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 notice or so posted to
conform to the requirements of this Chapter, shall institute
removal proceedings in accordance with Section 12.23.111.
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 ordinance shall be published as
required by law.
Mayor
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 on the
day of
,1988, and was adopted thereafter at a
regular meeting of the City Council held on the day of
,1988, by the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
City Clerk
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