.010 Newsracks-Citywide. With the exception of newsracks located within the boundaries of The Anaheim ResortTM which standards are set forth in subsection 4.82.040.020 of this section, any newsrack which is situated or rests, in whole or in part, upon, in or over any public right-of-way shall comply with the following standards:
.0101 No newsrack unit shall exceed forty-eight inches in height, exclusive of the coin mechanism, thirty inches in width or twenty-four inches in depth. The newsrack style for the entire City located outside the boundaries of The Anaheim ResortTM shall be the publisher's/distributor's preferred style modified to be mounted on a single unit pedestal or permanent-mount base in accordance with Planning Standard Detail No. 5 entitled "Newsrack Base", as adopted by resolution of the Anaheim City Council, on file and available to the public in the Anaheim Planning Department, or any equivalent single unit model subject to the approval of the Director.
.0102 Newsracks shall only be placed adjacent to a curb or the wall of a building as hereinafter prescribed. Newsracks placed adjacent to the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the front edge of the curb. newsracks placed adjacent to a building wall shall be placed parallel to and not more than six inches from such wall.
.0103 Each newsrack unit shall be securely bolted to the sidewalk and shall be constructed, installed and maintained in accordance with the standards set forth in this subsection and Section 4.82.050 of this chapter. As used in this subsection, "newsrack unit" shall mean the combined newsrack and the base on which the newsrack is mounted.
.0104 Not more than six newsrack units shall be grouped or otherwise placed immediately adjacent to each other at any designated newsrack location regardless of whether such newsracks are installed, operated and maintained by the same person(s) or entity. If two or more newsrack units are placed adjacent or contiguous to each other at any designated newsrack location, each newsrack unit shall be separated by a space of not less than eight inches nor more than thirty-six inches from adjacent newsrack units.
.0105 Not more than six newsracks shall be located on any public right-of-way within a space of two hundred feet in any direction within the same block of the same street and not more than eighteen newsracks shall be allowed on any one block. As used herein, "block" shall mean one side of a street between the two consecutive intersecting streets.
.0106 In addition to the requirements set forth in Section 4.82.030 entitled "PROHIBITIONS" of this chapter, no newsrack shall be installed, vended from, operated or maintained on a public right-of-way:
.010601 Within fifteen feet of the curb return of any street corner, a marked crosswalk or a handicapped access ramp;
.010602 Within fifteen feet of a fire hydrant, fire call box, police call box or any other emergency facility;
.010603 Within ten feet of a driveway or alley curb cut;
.010604 Within five feet ahead of, and twenty-five feet to the rear of any sign marking a designated bus stop where no bus bench or bus shelter is provided;
.010605 Within six feet of any bus bench or bus shelter except in The Anaheim Resort;
.010606 At any location whereby the unobstructed passageway for pedestrians is reduced by the newsrack to less than five feet;
.010607 Within three feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes except with the written permission of the store owner;
.010608 Within five feet of a marked "red curb", "no parking" or "no stopping" zone;
.010609 Within five feet of any above-ground or underground utility meter or utility vault, service box, parking meter, street light pole, mail box or any other utility device or access door serving such devices;
.0107 No newsrack shall be used for displaying advertising or other commercial signs other than displays dealing with the advertisement, sale or purchase of the publication sold therein. Except for the name and other trademarks of the publication therein, such permissible advertising materials shall be removable and shall not be painted on or otherwise permanently affixed to the exterior of the newsrack cabinet.
.0108 In determining which newsracks shall be permitted at a given location, the Director shall utilize the following criteria:
.010801 Priority for locations shall be given on a first come, first serve basis for any available newsrack location.
.010802 When more Applications are filed simultaneously than may be accommodated at a specific location, as provided in this chapter, priority shall be determined by lottery.
.020 Newsracks within The Anaheim Resort-Public Right-of-Way. Any newsrack that rests, in whole or in part, upon, in or over any public right-of-way within the boundaries of The Anaheim ResortTM as defined in Section 4.82.010 of this chapter, shall comply with the location, number and design standards set forth in Amendment No. 1 to The Anaheim ResortTM Identity Program, which document is on file and available for public inspection in the Anaheim Planning Department, and shall be subject to the following provisions:
.0201 Newsracks shall be situated at the bus shelter locations identified in Amendment No. 1 to The Anaheim Resort Identity Program.
.0202 Newsracks shall be designed, installed and maintained in conformance with the location and design requirements set forth in The Anaheim Resort Identity Program and Planning Department Standard Detail No. 9 entitled, "The Anaheim ResortTM Newsrack", as adopted by resolution of the Anaheim City Council, on file and available to the public in the Anaheim Planning Department.
.0203 In determining which newsrack shall be eligible for registration, the Director shall utilize the following criteria:
.020301 The total number of newsracks authorized at each bus stop shall be in accordance with Amendment No. 1 to The Anaheim Resort Identity Program.
.020302 Priority shall be given on a first come, first serve basis for any available newsrack location.
.020303 When more Applications are filed simultaneously than may be accommodated at a specific location, as provided in this chapter, priority shall be determined by lottery.
.020304 Notwithstanding the foregoing, upon written request by an applicant, additional newsracks may be authorized at any of The Anaheim ResortTM bus shelter locations subject to the approval of the Anaheim City Engineer and the Director; provided, however, (i) that the additional newsracks do not adversely impact any adjacent parcels or impede pedestrian or vehicular traffic or create a public safety hazard as determined by the City Engineer; and (ii) are in conformance with The Anaheim ResortTM Public Rights-of-Way improvement plans on file and available for public inspection in the Anaheim Public Works Department. The decision of the City Engineer and the Director relating to Applications for additional Newsracks shall be delivered, in writing, by first-class mail or personal delivery, to the applicant within thirty days from the date of receipt of the written request and shall be final unless appealed to the City Council within ten days from the date of service of the decision in accordance with the appeal procedures set forth in Section 4.82.120 of this chapter. Failure to deliver the decision regarding such application within the specified time shall be deemed a rejection of said application.
.0204 No newsrack shall be used for displaying advertising or other commercial signs other than displays dealing with the advertisement, sale or purchase of the publication sold therein. Except for the name and other trademarks of the publication therein, such permissible advertising materials shall be removable and shall not be painted on or otherwise permanently affixed to the exterior of the newsrack cabinet.
.030 Identification of newsracks. Every person or entity which installs, vends from, operates or maintains a newsrack which rests, in whole or in part, upon, in or over any public right-of-way in the City of Anaheim, including The Anaheim ResortTM, shall, in addition to its registration decal, have his or her name, address and telephone number affixed thereto in a place where such information is clearly visible from the front of the newsrack.
(Ord. 4008 § 2 (part); May 22, 1979; Ord. 5782 § 1 (part); September 25, 2001.)