HomeMy WebLinkAboutOrd 1887ORDINANCE NO, 1887
ORDINANCE OF THE CITY OF BURLINGAME DELETING EXISTING
CHAPTER 12.23 OF THE BURLINGAME MUNICIPAL CODE AND ADDING
A NEW CHAPTER 12.23 TO REGULATE THE PLACEMENT, FORM, AND
MAINTENANCE OF NEWSRACKS IN THE CITY OF BURLINGAME
WHEREAS current Chapter 12.23 of the Burlingame Municipal Code was enacted to regulate
the placement, form, and maintenance of newsracks in the City of Burlingame; and
WHEREAS the current regulations have worked for the City, but City staff responsible for their
administration have identified certain desired updates that would make administration both more
efficient and effective; and
WHEREAS the City has identified two special areas within the City boundaries that, because of
the concentration of commercial, pedestrian, and vehicular activity require additional regulation
of newsracks; and
WHEREAS the City has undertaken a significant renewal project for the Burlingame Avenue
area an
d existing newsrack regulations are not consistent with the objectives of that project; and
WHEREAS the City wishes to ensure that the rights of publications and the interests of the City
are protected in its newsrack regulations;
NOW, THEREFORE, the City Council does hereby ordain as follows:
DIVISION 1:
Burlingame Municipal Code Chapter 12.23 is hereby deleted in its entirety, and new
Chapter 12.23 is added in its place, to read as follows:
12.23.010 Purpose -Scope.
The purpose and scope of the regulations in this chapter are as follows:
(a) The provisions of this chapter shall apply to all newsracks located in public places within
the city of Burlingame; provided, that certain provisions, as specified, shall apply only to
newsracks located on public property.
(b) It is in the public interest to establish regulations that balance the right to distribute
information through newsracks with the right of persons to reasonably access and use public
property.
(c) The public health, safety, welfare and convenience require that: interference with
vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of sight distance and
views of traffic signs and street -crossing pedestrians be eliminated; damage done to sidewalks or
streets be minimized and repaired; the good appearance of public property be maintained; trees
and other landscaping be allowed to grow without disturbance; access to emergency and other
public facilities be maintained; and ingress and egress from, and the enjoyment of store window
displays on, properties adjoining public property be protected.
(d) Newsracks placed and maintained on public property, absent some reasonable regulation,
may unreasonably interfere with the use of such property, and may present hazards to persons or
property.
(e) The regulations on the time, place and manner of the placement, location and maintenance
of newsracks set forth in this chapter are carefully tailored to ensure that the purposes stated in
this section are implemented while still providing ample opportunities for the distribution of
news to the public.
12.23.020 Definitions.
For the purposes of this chapter, the following words and phrases are defined and shall be
given the meaning set out in this section unless it is apparent from the context that a different
meaning is intended.
(a) "Abandoned newsrack" means any newsrack which remains empty for ten business days;
provided, that a newsrack remaining empty due to labor strike or any temporary and
extraordinary interruption of distribution or publication by the newspaper or other publication
sold or distributed from that newsrack shall not be deemed abandoned.
(b) "Director of Public Works" means the director of public works or his or her designee.
(c) "Harmful matter" means and is defined as in California Penal Code Section 313, as may
from time to time be amended.
(d) "Minor" means any natural person under eighteen years of age.
(e) "Newsrack" means any self-service or coin-operated box, container, storage unit, or other
dispenser installed, used or maintained for the display and sale or distribution of newspapers,
periodicals or other publications.
(1) "Person" means any individual, partnership, firm, association, corporation, limited liability
company, or other legal entity.
(g) "Public place(s)" means and includes any public property owned or controlled by the city
of Burlingame or any other public agency, or any outdoor private property which is open to the
public.
(h) "Public property" means any public right-of-way or any property owned or controlled by
the city of Burlingame, including, without limitation, streets, sidewalks, alleys, and rights -of -
Fee a
ights-of-
pecial newsrack area means any area of the city of Burlingame so designated by the
city council upon findings that the special circumstances of the area require special design,
placement and other standards for newsracks.
0) "Special newsrack container", means a specially designed permanently affixed container
provided by the vendor, within which shall be the exclusive location for the placement of
newsracks in a special newsrack area.
12.23.030 Permit required.
It is unlawful to install, place, maintain or cause to be placed, installed or maintained a
newsrack on, or projecting on, any public property without first receiving a permit therefor from
the Director of Public Works and unless such newsrack is in compliance with the provisions of
this chapter; provided that, except for newsracks proposed to be located within a special
newsrack area, a newsrack located on public property as of November 7, 2013 may continue to
remain in such location, under the following conditions:
(i) The newsrack is in compliance with the requirements for the installation and maintenance
of newsracks contained in this chapter; and
(ii) A permit application for such newsrack has been filed as of that date with the Director of
Public Works by the duly authorized representative of both the publisher an
d, if applicable, any
independent distributor authorized to service the publisher's newsrack; and
(iii) A permit pursuant to such application has not been denied with respect to any such
newsrack.
If no permit application has been filed by that date by the only authorized representative of
both the publisher and, if applicable, any independent distributor authorized to service the
publisher's newsrack, or such permit is denied, such newsrack shall be deemed to be in violation
of the provisions of this chapter. Holders of permits for existing newsracks shall be required to
re -register such newsracks with the City by July 1, 2014, and each year thereafter, on a form
provided by the City.
12.23.040 Obtainingapermit.
(a) Exclusive Requirements. The provisions of this chapter shall be the exclusive
requirements for newsrack encroachments onto public property in the city.
(b) Application. Application for a newsrack permit for each location sought shall be
submitted to the Director of Public Works on a form prescribed by the Director of Public Works,
which shall include, without limitation:
(1) The name, street and mailing address, and telephone number of the applicant, which shall
be the duly authorized representative of both the publisher and, if applicable, any independent
distributor authorized to service the publisher's newsrack for which the permit is sought;
(2) The name, street and mailing address and telephone number of the distributor or other
responsible person whom the city may notify or contact at any time concerning the applicant's
newsrack(s);
(3) A description of the exact proposed location (including a map or site plan, drawn to scale,
with adequate locational information to verify conformance with this chapter) and the proposed
means of affixing the proposed newsrack;
(4) A description of the proposed newsrack, including its dimensions, the number of
publication spaces it will contain, and whether it contains a coin-operated mechanism;
(5) The name and frequency of publication of each publication proposed to be contained in
the newsrack;
(6) A statement signed by the applicant that the applicant agrees to indemnify, defend and
hold harmless, the city and its representatives from all claims, demands, loss, fines or liability to
the extent arising out of or in connection with the installation, use or maintenance of any
newsrack on public property by or on behalf of any such person, except such injury or harm as
may be caused solely and exclusively by the negligence of the city or its authorized
representatives; and
(7) A statement signed by the applicant that the applicant agrees, upon removal of a newsrack,
to repair any damage to the public property caused by the newsrack or its removal.
(c) Issuance of Permit. A permit shall be issued within fifteen working days from the date of
filing the application with the Director of Public Works if the application is properly completed
and the type of newsrack and location proposed for each newsrack meet the standards set forth in
this chapter. A single permit shall be issued for each newsrack location applied for by an
applicant which meet the standards of this chapter. An applicant may submit more than one
application, in order to apply for additional locations. A permit shall not be transferable_
(d) Period of Permit Validity. Permits shall remain valid if re -registered with the City by June
30 of each year, on a form provided by the Director of Public Works. Failure to re -register or
explicit cancellation by a permit holder will void the permit and it will be ineffective thereafter.
Unregistered newsracks may be treated as abandoned under Section 12.23.130 or other
applicable enforcement mechanism.
(e) Issuance of Permit Sticker. Each permittee shall be issued a pre-printed sticker for each
permitted newsrack, which shall be affixed to the lower right corner of the front of each
newsrack.
(f) Denial of Permit. If a newsrack permit is disapproved, in whole or in part, the Director of
Public Works shall notify the applicant within fifteen working days from the date of filing a
complete application with the Director of Public Works, explaining the reasons for the denial of
the permit. The applicant shall have ten calendar days within which to appeal the decision to the
city manager in accordance with the appeal provisions set forth in subsection (g) of this section.
(g) Appeal_ of Permit Denial. After receiving a notice of appeal, the city manager or the
designee of the city manager shall conduct a hearing within thirty days of the receipt of the
applicant's appeal, unless otherwise agreed to by the applicant. Written notice of the time and
place of the hearing shall be given to the applicant, and shall be posted in the official posting
locations of the city. The hearing shall be informal, but oral and written evidence may be given
by both sides. The city manager or designee shall render a written decision within twenty days
after the date of the hearing. The decision of the city manager shall be final.
(h) Amendment to Permit. In the event of a change in any of the information contained in the
application, the permitteeshallsubmit such change in writing to the Director of Public Works. A
permittee may install and maintain additional newsracks by an amendment to the permit. The
rules and procedures of this section shall also apply to the review and approval of any such
amendment.
12.23.050 Standards for maintenance and display of newsracks.
(a) Every person placing or maintaining a newsrack on public property shall comply with the
following requirements:
(1) Every newsrack shall be maintained in a neat and clean condition, and in good repair at all
times. For example, without limitation, every newsrack shall be reasonably free of dirt and
grease, be reasonably free of chipped, faded, peeling or cracked paint, be reasonably free of rust
and corrosion, have no broken or cracked plastic or glass parts, and have no broken structural
parts.
(2) Every newsrack shall be constructed, installed and maintained in a safe and secure
condition.
(3} Every newsrack shall be made of solid material on all sides, so as to contain the material
inside the newsrack in a manner as to prevent it from blowing away or otherwise becoming litter.
No wire or other open form of newsrack shall be permitted.
(4) Every newsrack shall be kept free of graffiti.
(5) Every newsrack that sits on legs shall be kept free of dirt and litter under the newsrack.
(6) Every newsrack shall be painted or covered with a protective coating, so as to keep it free
from rust, and shall be cleaned and repainted on a regular basis.
(7) Every coin-operated newsrack shall be equipped with a coin -return device that is
maintained in good repair and working order.
(8) Every coin-operated newsrack shall display information on how to secure a refund in the
event of coin return malfunction. Such information shall be placed in a visible location on the
front or top of the newsrack, and shall be legible.
(9) Other than the display of the publication contained therein, no newsrack shall display or
be affixed with any words or pictures except for the identifying information, and the coin return
information, if applicable, required by subsection (e) of Section 12.23.040 and
subsections(a)(8)and(b), respectfully, of this section; provided that, except as provided in Section
12.23.080 (Special Newsrack Areas), each side of a newsrack may display, in characters no more
than four inches high, the name and/or logo of the publication contained in the newsrack, and the
front of each newsrack may be affixed with a single sign or decal, no larger than three inches by
ten inches, containing only information relating to the display, sale or distribution of the
publication contained in the newsrack. If the newsrack contains a built-in sign holder, the
newsrack may be affixed with a sign that fits within that holder, not to exceed eleven inches by
seventeen inches.
(10) Old or out-of-date material removed fram any newsrack by any person who owns,
maintains, or stocks the newsrack shall be recycled or disposed of in a lawful manner. Such
material shall not be disposed of in any trash receptacle owned or rented by others, without the
express written consent of the owner or renter of such receptacle. Such material shall be disposed
of in a manner that does not cause the material to become litter.
(b) Every newsrack located in a public place shall be affixed with identifying information,
which shall contain the name, address and telephone number of the newsrack owner and of the
distributor of the publication(s) contained therein. Such information shall be placed in a visible
location on the front or top of the newsrack, and shall be legible. The size of the identifying
information shall be no larger than three inches by five inches.
12.23.060 Size and design standards.
Except as provided in Section 12.23.080 (Special Newsrack Areas), no newsrack shall be
placed, installed or maintained on any public property except in compliance with the following
standards:
(a) No newsrack shall be more than fifty inches high (including the pedestal in the case of
modular newsracks) measured from the ground to the top surface of the newsrack, nor more than
two feet deep, nor more than twenty-four inches wide.
(b) The highest operable part of the coin slot, if provided, and all controls, dispensers and
other operable components of a newsrack shall be no higher than forty-eight inches above the
ground, and no lower than fifteen inches above the ground.
(c) The design of a newsrack shall not create a danger to the persons using the newsrack in a
reasonably foreseeable manner. All newsracks shall comply with all applicable federal, state and
local laws and regulations including, without limitation, the Americans with Disabilities Act and
other laws and regulations relating to barrier -free design.
12.23.070 Standards for placement and location of newsracks.
(a) ,Except as otherwise set forth in Section 12.23.080 (Special Newsrack Areas), no
newsrack shall be placed, installed or maintained on any public property when such installation,
use or maintenan
ce endangers the safety of persons or property. No newsrack shall be placed,
installed or maintained on any public property except incomplian
ce with the following
standards:
(1) Newsracks shall be placed only on a sidewalk, in one of the following locations:
10
(i) Near a curb, in which case, the back of the newsrack shall be placed no less than eighteen
inches (twelve inches along El Camino Real) nor more than twenty-four inches from the face of
the curb; or
(ii) Adjacent to the wall of a building, in which case, the back of the newsrack shall be placed
parallel to such wall and not more than six inches from the wall.
(2) Every newsrack shall be placed so as to open toward the sidewalk.
(3) Every newsrack shall be affixed to the sidewalk or to another newsrack, in a manner
approved by the permit therefor; provided, no newsrack shall be chained to another newsrack.
Newsracks shall not be chained or otherwise attached to any bus shelter, bench, street light,
utility pole or device or sign pole, or to any tree, shrub or other plant, nor situated upon any
landscaped area.
(4) No newsrack shall be placed, installed or maintained:
(i) Within ten feet of any marked or unmarked crosswalk as measured from the curb return;
(ii) Within five feet of any fire hydrant, call box, or other emergency facility; bus bench; or
utility pole or box;
(iii) At any location where the clear space for the passage of pedestrians is reduced to less
than six feet (five feet along El Camino Real);
(iv) Within five feet of any driveway;
(v) Within five feet of any red curb of a bus stop zone;
(vi) Within five feet of the curb return of any wheelchair curb ramp not in a marked
crosswalk;
(vii) In such a manner as to impede or interfere with the reasonable use of any commercial
window display or access to or from any building;
11
(viii) In such a manner as to impede or interfere with the reasonable use of any bicycle rack;
(ix) In such a manner as to block or cover any portion of an underground utility vault,
manhole, or other sidewalk underground access location.
(5) Any newsrack placed on El Camino Real must be approved by CalTrans in addition to the
approvals required under this Section, unless CalTrans waives such approval right.
(b) Newsracks may be placed or joined together; however, no group of newsracks placed
along a curb shall extend for a distance of more than ten feet (i.e., the combined width of five
newsracks); and no group of newsracks shall be closer than four feet to another group of
newsracks along a curb.
(c) The Director of Public Works may allow a permittee to place a newsrack in a location in
variance of the standards otherwise required by this section if the Director of Public Works finds
that such variance will not be detrimental to the public safety and that, due to the existing
physical constraints at that location, imposition of the standards would make placement
impossible and would cause a hardship to the permittee and its patrons. The written findings and
the variance shall be made part of the permit. Prior to considering whether or not to grant a
variance, the Director of Public Works shall provide written notice of the requested variance to
the owner(s) of the real property adjacent to or abutting the proposed newsrack location.
(d) If sufficient space does not exist to accommodate all newsracks sought to be placed at one
location without violating the standards set forth in this chapter, the Director of Public Works
shall give priority as to that location to publications on a historical "first come first served" basis
to permit applicants as follows:
(1) First priority shall be publications that are published two or more times a week;
(2) Second priority shall be given to publications that are published once per week;
12
(3) Third priority shall be given to publications that are published less than once per week but
more than once per month;
(4) Fourth priority shall be given to publications that are published monthly or less frequently
than monthly.
In the event the Director of Public Works is required to utilize the priority system described in
subparagraphs (1) through (4), above, he or she shall permit only one rack per publication or
distributor in a single location.
(e) The provisions of this section 12.23.070 shall apply as of the effective date of the
implementing ordinance to new installations or applications. These provisions shall not require
removal or modification of permitted, existing newsracks in existence prior to November 7,
2013, until June 30, 2015. At such time, any pre-existing newsracks or publication placements
within them must be brought into compliance with this section in order to continue as a valid,
permitted newsrack within the City.
12.23.080 Special newsrack areas.
(a) The city council hereby finds that special circumstances require special design, placement
and other standards for newsracks located in the cert
ain areas of the city and such areas are
r
hereby designated as "special newsrack areas." Newsracks and publication placements therein
existing as of the effective date of this implementing ordinance are allowed to remain in their
current configuration. When a publication or distributor controlling such existing newsracks
seeks to substantially change or modify such newsracks or submit a new application in
connection with them, the existing newsracks must be brought into compliance with this Section.
13
Regardless of the preceeding, all existing newsracks within the designated special newsrack
areas must be brought into compliance with the requirements of this Section by July 1, 2020.
The following areas are hereby designated as "special newsrack areas":
(1) The Burlingame Avenue Downtown Commercial Area and the Broadway Commercial
Area.
(i) The City Council hereby designates the "Burlingame Avenue Downtown Commercial
Area," bounded by and including both sides of the following streets: California Drive to El
Camino Real and Howard Avenue to Chapin Avenue between El Camino Real and Primrose
Road and Bellevue Avenue between Primrose Road and California Drive, inclusive of that
portion of Primrose Road rurming between Chapin Avenue and Bellevue Avenue, as a special
newsrack area. The City Council hereby designates the "Broadway Commercial Area,"
including both sides of the following streets: Broadway between California Drive and El Camino
Real and California Drive from Lincoln Avenue to Carmelita Avenue, as a special newsrack
area.
(ii) The Council finds that the Burlingame Avenue Downtown Commercial Area and the
Broadway Commercial Area have become very congested, with street furniture and other
sidewalk encroachments, automobiles and other means of travel competing with pedestrians for
the public space; and that special standards for the design and location of newsracks, in
conjunction with a program for the furnishing and installation of street furniture, and the
enforcement of existing regulations for other encroachments in these commercial areas, will help
to create a sense of order out of chaos and provide a friendly environment for those who come to
the area.
14
(b) Notwithstanding any contrary provisions in this chapter, the following special standards
shall apply to newsracks and the placement of publications in newsracks within any special
newsrack area so designated pursuant to subdivision (a) of this section:
(1) No newsrack shall be located in a special newsrack area except within a special newsrack
container. All newsracks in a special newsrack container shall meet the following specifications:
(i) Every newsrack shall be a modular design, 49-16 or TK-97style (as manufactured by
"Sho-Rack") or the equivalent, as determined by the Director of Public Works.
(ii) All newsracks installed in a designated special newsrack area shall be black in the
Burlingame Avenue Downtown Commercial Area and green in the Broadway
Commercial Area.
(iii) The name and/or logo otherwise permitted pursuant to subparagraph (a)(9) of Section
12.23.050 may be placed only on the front face of the box, inclusive of the window area, and
shall be limited to the dimension of 3 inches vertically by ten inches horizontally.
(iv) Permittees of double high racks maybe required to provide devices commonly known as
"spacers" for the newsracks adjacent to each double high rack, to ensure that all newsracks in a
single location group of racks are the same height. Permittees who use newsracks of a brand
other than Sho-Rack may be required to furnish spacers to achieve height uniformity.
(2) Placement of Newsracks Within a Special Newsrack Area: No newsrack shall be located
in a special newsrack area unless a permit has been obtained in accordance with this Section and
with Sections 12.23.040 and 12.23.070.
12.23.090 Blinder racks required.
iF�
(a) Newsracks located in public places, other than public places from which minors are
excluded, and which display to the public view harmful matter, shall be equipped with devices
commonly known as blinder racks in front of the material so that the lower two-thirds of the
material is not exposed to public view.
(b) Newsracks located in public places, other than public places from which minors are
excluded, and which display to the public view material depicting or describing specified sexual
activities, as defined in subdivision (1) of this subsection, or which contain material depicting or
describing specified anatomical areas, as defined in subdivision (2) of this subsection, where
such picture, or illustration, or statement has as its purpose or effect sexual arousal, gratification
or affront, shall be equipped with blinder racks in front of the material so that the lower two-
thirds of the material is not exposed to public view.
(1) "Specified sexual activities" means:
(i) Human genitals in a state of sexual stimulation or arousal;
(ii) Acts of human masturbation, sexual intercourse or sodomy; or
(iii) . Fondling or other erotic touching of human genitals, pubic region, buttock or female
breast.
(2) "Specified anatomical areas" means:
(i) Less than completely and opaquely covered human genitals, pubic hair, buttocks,
perineum, anal region, or female breast at or below the areola thereof, or
(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
12.23.100 Violation -Enforcement.
fiC7
(a) It shall be illegal to place, install, or maintain any newsrack or any material in a newsrack
iR a manner contrary to any provision of this chapter.
(b) Any person who violates any provision of this chapter shall be guilty of an infraction and
upon conviction thereof shall be punished as provided in Section 1.12.010 of this code.
(c) The provisions contained in this chapter shall be subject to the Code Enforcement
authority of the City as provided in Title 1 of this Code.
12.23.110 Nuisance.
Any newsrack or any material in a newsrack placed, installed or maintained hi violation of this
chapter shall constitute a public nuisance and maybe abated in accordance with applicable
provisions of law.
12.23.120 Removal and hearing.
In addition to the enforcement remedies available to the city, which are set forth in Title 1 and
in Sections 12.23.100 and 12.23.110 of this chapter, any newsrack placed, installed or
maintained in violation of this chapter may be removed by the city, subject to the notice and
hearing procedures set forth in this section.
(a) Notice of Violation. Before removal of any newsrack, the City shall notify the owner or
distributor of the violation. Written notification by first class mail to the address or addresses
shown on the offending newsrack shall constitute adequate notice. The City may, but need not,
affix an additional notice tag onto the offending newsrack. If no identification is shown on the
newsrack, posting of the notice on the newsrack alone shall be sufficient. The notice shall state
the nature of the violation, shall specify actions necessary to correct the violation, and shall give
17
the owner or distributor ten business days from the date appearing on the notice to either remedy
the violation or to request a meeting before the Community Development Director or designee of
the Community Development Director. The date on the notice shall be no earlier than the date on
which the notice is mailed or affixed to the newsrack, as the case may be.
(b) Meeting and Decision. Any owner or distributor notified under subsection (a) may request
a meeting with the Community Development Director or designee by making a written request
therefor within ten business days from the date appearing on the notice. The meeting shall be
informal, but oral and written evidence may be given by both sides. The Community
Development Director or designee shall give his or her decision within ten business days after
the date of the meeting. Any action by the city to remove the newsrack shall be stayed pending
the written decision of the Community Development Director or designee following the meeting.
(c) Removal and Impoundment. The city may remove and impound a newsrack or newsracks
in accordance with this section following the written decision of the Community Development
Director or designee upholding the determination of a violation, or if the owner or distributor has
neither requested a meeting nor remedied the violation within ten business days from the date on
the notice. An impounded newsrack shall be retained by the city for a period of at least ninety
calendar days following the removal, and may be recovered by the permittee upon payment of a
fee as set forth in the Municipal Fee Schedule. An impounded newsrack and its contents may be
disposed of by the city after ninety calendar days.
(d) Summary Abatement. Notwithstanding the provisions of subsections (a) and (b), prior
notice and an opportunity to be heard shall not be required prior to removal of any newsrack that
is installed or maintained in such a place or manner as to pose an immediate or clear and present
danger to persons, vehicles or property or any newsrack that is placed in any location without a
permit. In such case, the city shall proceed in the following manner:
(1) Within the next working day following removal, the City shall notify by telephone the
permittee or, in the case of an unpermitted newsrack, the owner of the newsrack or a person
whose name is shown on the required identification. Within three business days, the City shall
send written confirmation of the telephoned notice. The written confirmation shall contain the
reasons for the removal and information supporting the removal, and shall inform the recipient of
the right to request, in writing or in person, a post-removal meeting within four business days of
the date of such written notice and the person to whom such request shall be made.
(2) Upon timely request, the City shall provide a meeting within forty-eight hours of the
request, unless the requesting party agrees to a later date. The proceeding shall be informal, but
oral and written evidence may be given by both sides. The City designee hearing the matter shall
give his or her decision in writing to the requesting party within forty-eight hours after such
meeting. If the City hearing officer finds that the removal was proper, he or she shall notify the
requesting party to pay any applicable penalties and costs and recover the newsrack. If the City
hearing officer finds that the removal was improper and that placement of the newsrack was
lawful, he or she shall order that the newsrack be released and reinstalled without charge.
(3) If the owner of an unpermitted rack cannot be determined and the rack does not contain
the required identification, no notice of the removal shall be required.
(Ord. 4531 § 2 (part), 1998)
12.23.130 Abandoned newsracks.
19
An abandoned newsrack may be removed by the city and impounded, pursuant to the notice
and hearing procedures set forth in Section 12.23.120. The city may dispose of the newsrack if
the permittee does not claim the newsrack and pay any required fees within ninety days of its
removal.
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 3
This Ordinance shall be published once in full before its fmal passage in a newspaper of
general circulation, published, and circulated in the City of Burlingame, and shall be in full force
and effect thirty (30) days after its final passage.
AYES: GOUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL,KEIGHRAN, NAGEL
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
20
ATTEST:
MARY ELLEN KEARNEY, City Clerk
21
-o
0
m
_U
�_
D
Mz
m
f]