Ordinance 961 ~ ~
ORDINANCE N0. 961
AN ORDZNANCE OF THE CITY OF CUPERTINO ADDING
CHAPTER 1Q.21 T0 THE CUPERTINO MUNICIPAL CODE
RELATING TO NEWS RACKS
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, THE CITY CO[JNCIL OF THE CITY OF CUPERTINO, STATE OF CALIFORNIA
DOES ORDAIN AS FOLLOWS:
CHAPTER 10.21, RELATING TO NEWS RACRS, IS
, HEREBY ADDED TO THE CUPERTINO MUNZCIPAL CODE,
TO READ IN FULL, AS FOLLOWS:
Chapter 10.21 .
I NEWS RACKS
Sections:
10.21.010 Purpose and Intent
10.21.020 Perm~.t Required :
10.21.030 No Fee Required _
10.21.040 Issuance of Permitj Only One Pezmit Required °
10.21.050 Renewable Annually
10.21.060 Administrative Authority
10.21.070 News Rack Identification _
10.21.080 Prohibition of News Racks Where Vehicles Permitted
10.21.090 Unlawful Obstructions
10.21.100 Display of Certain Matters Prohibited
10.21.110 Definition of Explicit Sexual Acts
1Q.21.120 Dangerous News Racks
10.21.130 Penalty
10.21.140 Severence Clause
10.21.010 Pu ose and Intent. The City Council of the City
of Cupertino n an e clares at the uncontrolled placement
and maintenance of news racks on the public right-of-way and the
proliferation of such devices to display words and pictorial mat-
erial describing and depicting explicit sexual c~nduct and nudity,
which is thrust indiscriminately on children and unwilling adults, ~
unreasonably interferes with and obstructs the public's use of
such riqhts-of-way, constitutes unwarranted invasions of individual
privacy, is injurious to health, is indecent and offensive to the
senses, and such an obstruction of the free use of property so as to
interfere with the comfortable enjoyment of life and property by
the entire community. The City Council of the City of Cupertino
also finds, however, that the use of such rights-of-way is so his-
torically associated with the sale and distribution of newspapers
and publications that access to these areas for such purposes ahould
not be absolutely denied. The City Council of the City of Cupertino
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further finds that these strona and competing interests require
a reasonable accommodation which can only be satisfactorily
achieved through the means of this Chapter designed to accommo-
date such interests by regulating the time, place and manner of
using such news racks.
10.21.020 Permit Re uired. No person, whether as a prin-
cipal or agent c erk or emp oyee, either for himself or any other
, person, or as an officer of any cozporation, or otherwise, shall '
place or maintain a news rack on or projacting onto a public
right-of-way, including but not limited to, streets, medians, .
_ islands, shoulders, drainaqe swales, bike lanes, gutters, curbs,
park strips, sidewalks, pedestriaa walkways, bike paths, and
(where there are curbs but there are ne3ther sidewalks, walkways
nor bike paths) in the area five feet from the face of the curb
to the continguous private property, unless and until a news rack
permit has been obtained from the City Council of the City of
' Cupertino, or on private property without the written consent
of the property owner.
10.21.030 No Fee Re uired. No fee shall be required for
the issuance o a newsrac permit.
10.21.0~10 Issuance of Permit; Onl ~On~e
Permit Required.
Upon proper app ication on orms prov de~-by the
City of Cupertino,
the City shall issue the applicant a newa rack permit. Notwith-
standing any other provision of this Ordinance, the City may not
refuse to issue a news rack permit properly applied for. One
permit shall permit the placement and maintenance of any number
of news racks on the public riqht-of-way.
10.21.050 Renewabl Annuall . A newsrack permit shall be
renew e annua y.
10.21.060 Administrative Authorit . There is hereby con-
ferre upon e City Manager ose powers and duties necessazy
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 employees of the City, and of other
cooperating public agencies, as may be required to assist him in
carrying out the intent and purpose of this Chapter.
10.21.070 News Rack Identification. Every news rack per-
mittee shall permanently a f x to each news rack placed or main-
tained on or projecting over any portion of the public right-of-
way: {1) the permittee's name, address and telephone number as
required by Business and Pro'~ssions Code Section 17570; and (2)
the permittee's permit number.
20.21.080 Prohibition of News Racks Where Vehicles Permitted.
No person shall place or maintain any news racks on any port on
of, or projecting onto, into or over any portion of the public
right-of-way on which vehicles are lawfully permitted.
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10.21.090 Unlawful Obstructions. No news rack shall be
olaced, installed, used or maintained in khe following locations:
(a) Within three feet of any marked crosswalk.
(b) Within fifteen feet of the curb return of any unmarked
crosswalk.
tc) Wi thin tliree feet of any fire hydrant, fire call box,
police call box or other emergency facility.
(d) Within three feet of any driveway.
t (e) Within three feet ahead of, and fifteen feet to the
' rear of, any sign of pavement markings marking a disignated bus
stop measured parallel to the flow of traffic.
, (f) tJithin three feet of any bus bench.
(q) At any locations where the news rack causes, createa,
or constitutes a traffic hazard.
(h) At any location where the news rack unreasonably ob-
structs or interferes with access to, or the uae and enjoyment
of abutting property.
i (i) Where the news rack will endanqer persons or property.
' (j? Where the news rack will unreasonably i.nterfere with
or obstruct the flow of pedestrian or vehicular traffic on the
public right-of-way.
(k) At any location whereby the clear space for the passage
of pedestrians is reduced to less than three feet.
10.21.100 Dis la of Certain Matter Prohibited. Publications
offere or sa e from news rac s place or maintained on or pro-
jecting over the public right-of-way shall not be displayed or
exhibited in a manner which exposes to public view from the public
right-of-way the following:
{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.
tb) Any picture or illustration of genitals, pu~ic hair,
perineums, anuses, or anal regions of any person, where such picture
or illustration has as its purpoae of effect sexual arousal, qrat-
ification, 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.
10.21.110 Definition of Ex licit Sexual Acts. "Explicit
sexua acts , as use in s C apter, means epictions of sexual
intercourse, oral copulation, anal intercourse, oral anal copula-
tion, bestiality, sadism, masochism, or excretory functions in
conjunction with sexual activity, masturbation, or lewd exhibition
of the genitals, whether any of the above conduct is depicted or
described as being performed alone or between members of the same
or opposite sex or between humans and animals, or other act of
sexual arousal involving any physical contact with a person's
genital, pubic hair, perineum, anus or anal reqion.
10.21.120 Dangezous News Racks. The City may immediately
correct any violation of Section 10.21.090, and, if such viola-
tion is creating a dangerous or hazardous condition, may immed-
iately remove and impaund any such news rack. If the news rack is
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impounded pursuant to this Section, a written notice of such zction
shall be sent to the permittee, or person i: known, maintaining the
news rack within two working days after the impoundment, and a
charge of Five Dollars ($5.00) will be required to retrieve the
news rack. All such news racks will be held up to thirty days, and
then, if not retrieved will be destroyed or othezwise disposed of.
10.21.130 Penalt . Section 17572 of the Husiness and ~
Professions Code prov des that any person who violates Article
5, entitled Vending Machines (including Section 17570) is guilty
of a misdemeanor puniahable by imprisonment in the County Jail
not to exceed six months, or a fine not to exceed Five Hundred
~ Dollars (5500.00), or by both, for each violation. Any person
who violates any provision of this Chapter shnll be guilty of an
in£raction and, upon conviction thereof, may be punished as
prescribed in Chapter 1.12.
10.21.140 Severence Clause. If any aection, subsection,
subpart, or provision of th s Chapter or the application thereof
to any person or circumstances is held invalid, the remainder
of the Chapter and the application of such to other persons or
circumstances shall not be affected thereby.
INTRODUCED at a regular meetinq of the City Council of the
City of Cupertino this Sch day of November, 19 79, and ENACTED
at a regular meeting of the City Counc~f the City of Cupertino
this 20th day of November , 19 79.
Vote Members of the City Council
AYES: Jackaon, 0'Keefe, Rogere, Sparks, Heqere
NOES: None.
ABSENT : None ~
ABSTAIN: None . ; . . _
APPROVED:
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_ Mayor, City of Cuper o
ATTEST:
O-S,.~P~Gir-o , , _ ,
City Clerk .
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