Reso 5043 Amendments to Newsrack Ordinance
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5043
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 10.21 (NEWSRACK
ORDINANCE) OF THE CUPERTINO MUNICIPAL CODE, REQUIRING MODULAR NEWSRACKS
Approval is based on Draft City of Cupertino Newsrack Specifications, dated 5/24/99 and Draft
� Newsrack Ordinance, dated 5/24/99. •
PASSED AND ADOPTED this 24`" day of May, 1999, at a Regular Meeting of the Planning Commission
of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairman Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
� ABSENT: COMMISSIONERS:
ATTEST: � APPROVED:
�
� l..(111�J'Olti- .� _ /,Y _ - �a;- r.;
Robert S. Cowan David Doyle, Chairman
Director of Community Development Planning Commission
�
i
g:/pdreport/res/newsrackord52499
`
r �
Draft
Newsrack Ordinance
5/24/99
10.21.010 Intent and Purpose
The purpose of these regulations is to acknowledge and achieve the following:
( (a) There is a substantial governmental interest in promoting the public health, safety,
welfare and convenience by ensuring that public streets, sidewalks, walkways and
all other rights-of-way are not restricted for public use and access.
(b) Newsracks placed and maintained within public rights-of-way, absent some
reasonable regulation, may unreasonably interfere with the use of such rights-of-
way.
(c) Streets and sidewalks within public rights-of-way are historically associated with
� the sale and distribution of newspapers and other publications and access to and
� use of these areas for such purposes would not be denied, except where such use
unreasonably interferes with the use of public rights-of-way by pedestrians or
traffic, or where such use represents a hazard to persons or property.
(d) Unrestricted placement of newsracks within public rights-of-way which display or
describe explicit sexual conduct and nudity may constitute an unwarranted
invasion of individual privacy and is unsafe and obscene.
(e) Reasonable accommodation of these competing interests can be achieved by the
adoption of this ordinance, which regulates the design, placement, maintenance
i and time, place and manner of newsracks on public-rights-of-way.
i (fl 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 avoided;
damage done to sidewalks or streets be minimized or repaired; a positive visual
appearance of public streets and grounds be maintained; trees and other
landscaping be allowed to grow without interference; access to emergency and
( other public facilities be maintained; litter adj acent public rights-of-way be
controlled; and access to and from properties adjoining major roadways be
� protected.
(g) It is intended that the provisions of this article be consistent with the accessibility
standards established by the Department of Justice pursuant to the Americans with
� Disability Act (ADA) of 1990. These provisions affect the general safety and
welfare of all residents and visitors to the City of Cupertino and it is the
responsibility of the owner of each newsrack to comply with these provisions.
� (�i) Improve the aesthetic appearance of streets and roadways in the community by
promoting the placement of modular newsracks rather than stand-alone
� newsracks. -
(i) The regulation of the sale or free distribution of newspapers and other
publications in vending machines as set forth in this article provides the least
� intrusive and burdensome means for ensuring that the purposes stated in this
section are carried out while still providing ample opportunities for the
distribution of news and opinions to the community.
�
10.21.020 Definitions
(a) Abandoned newsrack: Any newsrack which has been left empty for a period
of thirty (30) continuous days, except a newsrack remaining empty due to a
labor strike or other extraordinary interruption or publication by the
newspaper or other publication sold or distributed from that newsrack.
(b) Modular newsrack: An industry standard structure composed of a group of
individual newspaper dispensing cabinets mounted in multiple rows of two or
more cabinets on a rack base that is supported by a maximum of two
pedestals.
(c) Newsrack: Any self-service or coin operated box, container, storage unit or
other dispenser installed, used or maintained for the display and sale or
distribution with or without the charge of newspapers, periodicals or other
publications.
I (d) Public right-of-way: The area and those areas dedicated for public use for
public street purposes, including but not limited to roadways, parkways, alleys
. and sidewalks.
(e) Roadway: As defined in the California Vehicle Code.
(fl Temporary newsrack: Any newsrack maintained within a public right-of-way
' for a trial period of up to ninety (90) days.
�
�
10.21.030 Applicability
This Ordinance shall apply only to newsracks placed within public rights of way or
encroaching over public rights-of way.
10.21.040 Design Standards
Approval of permits for newsracks shall be based on compliance with the design of
newsracks set forth in the City Newsrack Specifications, adopted separately by the City,
as well as the placement and maintenance provisions established in this ordinance.
Design Specifications are intended to foster a unified, aesthetically pleasing modular
� newsrack configuration.
A publication not previously circulating in a given area which chooses to do so may place
a temporary newrack for a maximum of ninety (90) days as long as:
(1) The newsrack is tagged by the publisher or distributor with the placement
date and date of removal;
� � (2) By the ninety-first day,the publisher or distributor shall either obtain a
newsrack permit or remove the newsrack;
(3) During the ninety (90) day trial period the owner or distributor shall
adhere to all other aspects of this Chapter.
Failure to comply with any of these requirements shall constitute a violation of this
Ordinance and shall be grounds for abatement in accord with Section 10.21.090.
10.21.050 Display of certain material prohibited
Publications dispensed from newsracks placed or maintained on or over the public right-
1 of-way shall not be displayed or exhibited in a manner which exposes to public view
from the public right-of-way the following:
Page 2
Draft 5/24/99
(a) Any statements or words describing explicit sexual acts, sexual organs, or '
excrement, where such statements or words have as their purpose or effect
sexual arousal, gratification or affront;
(b) Any picture or illustration of genitals, pubic hair, anuses, or anal regions of
any person, where such picture or illustration has as its purpose or effect
sexual arousal, gratification or affront;
(c) Any picture or illustration depicting explicit sexual acts, where such picture or
illustration has as its purpose or effect sexual arousal, gratification or affront;
(d) Any pictures, photographs, illustrations or pictorial representations of any of
the following acts: sodomy, oral copulation, sexual intercourse, masturbation,
or a photograph of a penis in an erect and turgid state.
I
10.21.060 Administrative Authority and Newsrack Committee
There is conferred on the City Manager those powers and duties necessary for the
administration of this Chapter. In addition,there is also conferred upon the City Manager
the authority and power to designate such officers and o�cials of the City and of other
� cooperating public agencies, as may be required to assist in the carrying out the intent and
purpose of this Chapter. A Newsrack Committee may also be established by the City
� consisting of representatives of publishers and/or distributors whose publications are
distributed within the community, members of the general public and City staff.
Memnbership of the Newsrack Committee shall be for a term of three years, and until
successor members are appointed by the City Council. The Committee shall be advisory
to the City Manager for the purpose of resolving disputes regazding location of
newsracks, advising the City as to any suggested changes to Design Standards and
resolving disputes regarding allocation space for newspapers and periodicals.
10.21.070 Maintenance
(a) Each newsrack shall be reasonably kept free of dirt and grease, be free of
graffiti, of be reasonably free of chipped, faded, peeling or cracked paint, be
reasonably free of rust and corrosion, have no cracked or broken plastic or
glass parts and have no broken structural parts. Adhesive labels, other than
those required by the City of Cupertino and unrelated to publications, shall not
be displayed on newsracks.
(b) Abandoned newsracks shall be unlawful and may be removed by the City of
Cupertino or its designee pursuant to the provisions of this Article.
10.21.080 Permits and Insurance Required
(a) No person shall place, maintain or relocate a newsrack in the City public _
right-of-way or which projects onto a public right-of-way unless and until an
encroachment permit has been issued by the City of Cupertino Public Works
Department.
Page 3
Draft 5/24/99
I
i
(b) Permits shall not be transferable and shall remain renewable on a yearly
' � basis for as long as the newsrack complies with the provisions of this
Chapter.
(c) Applications for a permit shall include the name, address,telephone number
and facsimile number of those responsible for the installation, use and
maintenance of the newsrack(s).
(d) The proposed permittee shall provide evidence of adequate types and levels
of insurance as may be required by the Public Works Department. Said
insurance shall be in full force and effect during the time newsrack(s) are
maintained in the City. The certificate of insurance filed with the City shall
include a statement by the insurance carrier that thirty (30) days advance
notice shall be given the City prior to cancellation.
(e) A newsrack permit shall be issued within ten (10) working days following
submittal of a complete application if the newsrack complies with the
standards set forth in this Chapter and the supplemental Design Standards.
(fl A person or distributor who has been issued a newsrack encroachment
� permit may install and maintain additional newsracks and change the
location of an existing permitted newsrack by requesting a new permit. The
rules and procedures of this section shall also apply to the review and
approval of any such amendment.
. (g) Newsrack encroachment permittees shall obtain and display an
identification/permit marker provided by the City or its designee. Such
marker shall be affixed to each permitted newsrack within plain view.
(h) In the event of a change of ownership of a newsrack the new owner(s) shall,
within ten(10) working days,modify the existing permit providing the
name, address,telephone number and facsimile number of the new owner(s)
and obtain and �x a new marker to the newsrack.
10.21.90 Abatement of Violations
(a)Before any newsrack is removed, relocated or corrected by the City, the owner
shall be notified by posting and mailing, where feasible, to the address for
such party as stated on the encroachment permit and given ten(10) days to
remedy the violation and/or contest the removal. If no identification is shown
on the newsrack and no permit has been issued,posting of a notice of
violation on the newsrack itself shall be sufficient. Both forms of notice shall
state the code violation, the length of time within which the violation must be
cured, and the forum within which the owner may contest the removal,
relocation or correction of the newsrack.
(b) The City may immediately correct any violation if such violation is deemed to
be an immediate hazardous or dangerous condition. This may entail
imme iate removal and impoundment of a newsrack by the City. If such
action is taken, written notice of such action shall be sent to the pernuttee or
owner of the newsrack within two (2)working days after impoundment.
Necessary fees shall be charged to the permittee or owner to retrieve the
newsrack.
(c) Any person notified of a correction or violation under this Chapter may
submit a written request for a hearing before the Cupertino City in accord with -
Section 10.21.100 of this Chapter.
(d) The City or its designee may remove a newsrack if the person responsible for
such newsrack has (1) neither requested a hearing by the City pursuant to
subsection"a" nor remedied the violation within thirty (30) calendar days
Page 4
Draft 5/24/99
I
i
�
I
following the date of the notice; or(2), following an appeal hearing has failed
to remedy the violation within the (10) calendar after receiving a copy of the
written decision that the newsrack was installed or maintained in violation of
this Chapter, following a hearing as set forth in this Section.
(e) Removal or impounded newsracks shall be retained by the City or its
designee and may be recovered by their owner within ninety (90) days of their
removal. Newsracks which are not claimed within ninety (90) days shall be
deemed permanently abandoned and shall be disposed according to the
� appropriate sections of California Civil Code.
(� Before release of the newsrack, the person responsible for such newsrack shall
. pay an impound fee to the City covering actual cost of transporting, storing
' and disposing of such newsracks.
(g) Abatement hereunder is a cumulative remedy and does not prohibit the City of
' Cupertino from pursuing other appropriate civil or criminal action with regard
�� to the enforcement of this Chapter.
10.21.100 Appeal of Decision
An applicant or owner/operator of a permitted newsrack may appeal a denial of a permit
or order of the City or its designee to correct an alleged violation of this Chapter by filing
a written appeal in accord with Chapter 1.16 of the Municipal Code.
►
F 10.21.110 Penalty
� Any person who violates any provision of this Chapter shall be guilty of an infraction
and, upon conviction thereof, may be punished as prescribed in Chapter 1.12 of the
Municipal Code.
10.21.120 Amortization
Every newsrack within or enroaching into public rights-of-way shall be removed or
otherwise brought into conformance with this Chapter within six(6) months of the
effective date of this Ordinance, including obtaining necessary permits, payment of any
fees, compliance with design and placement requirements and all other sections of this
, Chapter.
Page 5
Draft 5/24/99
/
Draft
City of Cupertino
Newsrack Specifications
,
5/24/99 �
Overview and Pu ose
T e Newsrac c Speci ications document is intended to supplement the City's Newsrack
I Ordiriance and provides specific standards as to the placement and design of newsracks
within public rights of way.
� Ne�Desi n Standards
s s��e of a pedestal mounted modular type design permanently affixed to the
sidewalk, or otherwise permanently anchored as approved by the Cupertino Public Works
� Department. Design shall be generally consistent with the dimensional requirements as
� shown on Exhibit A and shall also be consistent with the following:
(1) Modular racks shall be stacked a maximum of two units high.
(2) There shall be a maximum of ten racks per module.
Representative modular newsrack units which are acceptable to the City include pedestals
and trays for Sho-Rack Models 49-16 and 100 styles. Modular units distributed by Civic
Solutions are also acceptable. Equivalent modular styles and models may be approved by
the City Council based upon submittal of technical specifications by the applicant.
Single, freestanding newsracks may be approved on an individual basis by the City on a
temporary trial basis for a maximum of ninety (90) days. Up to one freestanding rack is
allowed within a linear distance of 150 feet. Freestanding racks s�iall be of Sho-Rack TK-
84 design or equivalent, as may be approved by the City. When a minimum of two
newsracks are placed at a single location, as determined by the City Director o�ublic
Works, newsracks shall be converted to a pedestal-mounted design.
The color of modular newsracks shall be reviewed and approved by the City of Cupertino
Public Works Department and Community Development Department.
The City Council may approve enhancements, such as trellises, for newsracks, with the
design and locations to be determined by the Council. The enhancements would be
provided and maintained by the City, although private property owners may provide
enhancements through the discretionary development review process.
Placement Re uirements '
An encroac ent permit for a newsrack shall be issued to the applicant if the location of
the proposed newsrack complies with all of the following placement standards.
� (1) Newsracks shall not proj ect over or onto any street, roadway, or alley;
(2) Newsracks shall be located a minimum of five (5) feet from any mazked
, pedestrian crosswalk;
(3) Newsracks sha11 be located a minimum of ten (10) feet from the curb
return of any unmazked pedestrian crosswalk;
(4) There shall be a minimum of three (3) feet from any fire hydrant, fire or
police call box or other emergency facility and any newsrack;
(5) Newsracks shall be located a minimum of twenty-five (25) feet from any
driveway;
(6) Newsracks shall maintain a minimum of five (5) feet ahead of and fifteen
(15) feet to the rear of any designated bus stop measured parallel with the
� flow of traffic;
(7) There shall be a minimum separation of three (3) feet between any bus
bench or bus shelter and a newsrack;
(8) A minimum separation of five (5) feet shall be maintained between a
' temporary newsrack and modular newsracks. A minimum distance of one
, hundred and fifty (150) feet shall he maintained between modular
, newsracks;
(9) The proposed newsrack would not create a traffic hazard;
(10) The proposed newsrack would not create unsafe conditions for persons or
property;
(11) The proposed newsrack would not unreasonably interfere with or obstruct
pedestrian or vehicular traffic on the public right-of-way; or obstruct the
placement or operation of any utility located within a public right-of-way;
(12) The proposed newsrack would not reduce passage space for pedestrians to
a dimension of less than four(4) feet;
(13) Private property abutting the location of a proposed newsrack shall be
zoned for commercial, office or multi-family residential uses by the City;
(14) The proposed newsrack would not unreasonably obstruct or interfere with
the use and enjoyment of abutting property.
Each newsrack shall be installed in a permanent fashion to a public sidewalk. Newsracks
shall not be chained or otherwise attached to a bus shelter, bench, street light, utility pole,
sign pole or other facility, including tree, shrub,tree grate or landscaped area. Should the
newsrack be relocated or removed, the then-owner or operator of the newsrack shall bear
the cost of repairing the sidewalk to a safe and attractive condition as approved by the
Director of Public Works or designee, including filling of bolt anchor holes in sidewalks.
Advertisin on Newsracks .
Rac cs i enti ication inc uding color logos and rack cards may cover a maximum of up to
25 (twenty-five)percent of each side of the rack. On the door side of the newsrack,the
allowable graphic may either be (1)twenty-five percent of the area; or(2) a standard
placazd (maximum 11 inches by 16 inches)plus the name of the publication in letters -
with a maximum size of 1 and 1/2 inches. Graphics and rack cards shall not promote or
advertise any product, business or service other than the publication being dispensed from
the newsrack except when the product,business or service is being specifically promoted
in the publication dispensed from the newsrack.
Page 2
Draft 5/24/99
I
1
I
Permit and Maintenance Re uirements
T e ity's Newsrac Or inance requires the issuance of encroachment permits by the
Cupertino Public Works Department and also requires that newsracks be permanently
maintained by each owner.
Page 3
Draft 5/24/99