A. The purpose of this chapter is to establish a comprehensive set of regulations applicable to newsracks on public rights-of-way. 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 Constitution of the United States and the State of California.
B. More specifically, the purpose of this chapter is to promote the public health, safety and general welfare by regulating the placement, appearance, servicing and insuring 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, ports, traffic signs or signs, hydrants, mailboxes and purpose of the city's design regulations; neglectful servicing of newsracks resulting in the aesthetics or store window displays, adjacent landscaping and other improvements; reductions in value or surrounding property; and unnecessary exposure of the city to personal injury or property damage claims or suits.
C. The city council finds and determines that the strong and competing interests of the public and of newspapers 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 newspapers.
(Ord. 307 § 2 (part), 2004)