Loading...
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 .'*N