The purpose of this chapter is to establish a comprehensive set of regulations applicable to newsracks on the public streets, sidewalks and other public property. The purpose of this chapter is to advance and improve safety and aesthetics by controlling the number, size, construction, placement and appearance of newsracks without restricting the free dispersal of information guaranteed by the constitutions of the United States and the state of California.
More specifically, the purpose of this chapter is to promote the public peace, morals, health, safety and general welfare by regulating the placement, appearance, servicing and insuring of newsracks so as to protect against the dangers of impairing or distracting the vision of motorists and pedestrians; the hazards of unreasonably interfering with or impeding the flow of pedestrian or vehicular traffic, including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles; unreasonably interfering with the use of public property for its intended purpose; unduly restricting access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes or locations used for transportation purposes; unsightly structures inconsistent with the intent and purpose of the city’s design regulations; neglectful servicing of newsracks resulting in visual blight on public rights-of-way and other public property and detracting from the aesthetics of store window displays, adjacent landscaping and other improvements; reduction in value of surrounding property; unnecessary exposure of the city to personal injury or property damage claims or suits; and public display of harmful or offensive matters. The city council finds and determines that the strong and competing interests of the public and of newspapers and other similar materials require a reasonable accommodation which can only be satisfactorily achieved through the means of this chapter which is designed to accommodate such interests by regulating the time, place and manner of using newsracks. It is not the intent of this chapter to in any way discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of any publications.
(Ord. 789 § 4 (part), 1999)