A. No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway or alley of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway or alley of any public street.
B. No person shall install, use or maintain any newsrack which, in whole or in part, rests upon, in or over, any public sidewalk, public easement or parkway, except as provided herein.
C. The specific location of newsracks shall comply with the following requirements:
1. Where placement is next to a building, it shall be placed adjacent and parallel to and within six (6") inches of the wall of the building;
2. Where placement is next to a curb it shall be situated parallel to and no less than eighteen (18") nor more than twenty-four (24") inches from the edge of the curb;
3. No more than six (6) newsracks shall be located on any public right-of-way within a space of two hundred (200') feet in any direction within the same block of the same street;
4. No more than sixteen (16) newsracks shall be allowed on any one block;
5. No newsracks shall be placed on a sidewalk or parkway facing another publication vending machine, group of such machines or newsstand, divided by only the width of a sidewalk or pedestrian walk.
D. 1. In determining which newsracks shall be permitted to remain, the Director of Public Works, or his or her designee, shall be guided solely by the following criteria set forth herein. In the event there are six (6) or more newsracks located on the public right-of-way within a space of 200 feet in any direction within the same block of the same street in the aforementioned locations on the effective date of this chapter, no additional newsracks shall be approved until such time when there are fewer than six (6) newsracks within a space of 200 feet in any direction within the same block of the same street at such location. The applicant, upon request, may be placed on a waiting list for such location. The waiting list shall be administered on a first come, first served basis.
2. Priority system. In determining which newsracks shall be permitted to remain, the Director of Public Works, or his or her designee, shall be guided solely by the following criteria.
a. First priority. First priority shall be given to newsracks used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County, pursuant to the procedure set forth in Cal. Gov't Code§§ 6020 et seq.
b. Second priority. Second priority shall be given to newsracks used for the sale of daily publications (those published on five (5) or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation of Los Angeles County.
c. Third priority. Third priority shall be given to newsracks used for weekly publications (those published on at least one but less than five (5) days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County.
d. Conflict within priority categories. As between newspapers included within any single category of priority above, the Director of Public Works, or his or her designee, shall also be guided by the following criteria of priorities whenever more than six (6) newsracks are proposed within 200 feet of one another or more than sixteen (16) newsracks are proposed for any one block:
(1) First priority shall be daily publications (published five (5) or more days per week).
(2) Second priority shall be publications published two (2) to four (4) days per week.
(3) Third priority shall be publications published one day per week.
(4) In the event that there is a conflict between newspapers within the same priority seeking the same location, and there are insufficient newsrack spaces remaining to accommodate the competing newspapers after first filling as many spaces as possible by utilizing the criteria set forth above, then the Director of Public Works, or his or her designee, shall assign the space or spaces at random by placing the names of all applicants for the remaining spaces at a location into a container from which the names shall be drawn, one at a time until the particular spaces remaining of unfilled newsracks have been filled. Such drawing shall be open to the public at a time and date designated by the Director of Public Works, or his or her designee.
E. No newsrack shall be placed, installed, used or maintained:
1. Within five (5') feet of any marked crosswalk;
2. Within fifteen (15') of the curb return of any unmarked crosswalk;
3. Within five (5') feet of any fire hydrant, fire callbox, police callbox, trash container, utility box, traffic signal controller, street light controller, or other emergency facility;
4. Within five (5') feet of any driveway;
5. Within five (5') feet ahead of, and twenty-five (25') to the rear of any sign marking a designated bus stop;
6. Within six feet (6') of any bus bench;
7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6') feet;
8. On or within three (3') feet of any area improved with lawn, groundcover, flowers, shrubs or trees;
9. Within three (3') 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 display purpose;
10. Within two (2) feet of any utility meter or ground level access thereto; and
11. At any location where the newsrack unreasonably obstructs, interferes with access to or the use and enjoyment of the abutting property.
('65 Code, § 22-33) (Ord. No. 96-010 § 1 (part); Ord. No. 99-003, § 1)