Sections:
9.79.010 Purpose - Scope.
9.79.020 Definitions.
9.79.030 Permit required.
9.79.040 Obtaining a permit.
9.79.050 Standards for maintenance and display of newsracks.
9.79.060 Size and design standards.
9.79.070 Standards for placement and location of newsracks.
9.79.080 Special newsrack areas.
9.79.090 Blinder racks required.
9.79.100 Violation - Enforcement.
9.79.110 Nuisance.
9.79.120 Removal and hearing.
9.79.130 Abandoned newsracks.
* Editor's Note: The effective date of Ordinance 4531 was December 1, 1998. However, pursuant to Section 7 of Ordinance 4531, the regulations enacted by Sections 9.79.030, 9.79.040, 9.79.060, 9.79.070, and subsection (a) of Section 9.79.050, shall be effective on April 5, 1999. Also pursuant to said Section 7 of Ordinance 4531, the provisions of subsection (b)(1) of Section 9.79.080 shall not be enforced in the downtown commercial area until the special newsrack containers to be furnished by the city have been installed, which in no event will be earlier than April 5, 1999.
The purpose and scope of the regulations in this chapter are as follows:
(a) The provisions of this chapter shall apply to all newsracks located in public places within the city of Palo Alto; provided, that certain provisions, as specified, shall apply only to newsracks located on public property.
(b) It is in the public interest to establish regulations that balance the right to distribute information through newsracks with the right of persons to reasonably access and use public property.
(c) The public health, safety, welfare and convenience require that: interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of sight distance and views of traffic signs and street-crossing pedestrians be eliminated; damage done to sidewalks or streets be minimized and repaired; the good appearance of public property be maintained; trees and other landscaping be allowed to grow without disturbance; access to emergency and other public facilities be maintained; and ingress and egress from, and the enjoyment of store window displays on, properties adjoining public property be protected.
(d) Newsracks placed and maintained on public property, absent some reasonable regulation, may unreasonably interfere with the use of such property, and may present hazards to persons or property.
(e) The regulations on the time, place and manner of the placement, location and maintenance of newsracks set forth in this chapter are carefully tailored to ensure that the purposes stated in this section are implemented while still providing ample opportunities for the distribution of news to the public.
(Ord. 4531 § 2 (part), 1998)
For the purposes of this chapter, the following words and phrases are defined and shall be given the meaning set out in this section unless it is apparent from the context that a different meaning is intended.
(a) "Abandoned newsrack" means any newsrack which remains empty for ten business days; provided, that a newsrack remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication by the newspaper or other publication sold or distributed from that newsrack shall not be deemed abandoned.
(b) "City engineer" means the director of public works or his or her designee.
(c) "Harmful matter" means and is defined as in California Penal Code Section 313, as may from time to time be amended.
(d) "Minor" means any natural person under eighteen years of age.
(e) "Newsrack" means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display and sale or distribution of newspapers, periodicals or other publications.
(f) "Person" means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity.
(g) "Public place(s)" means and includes any public property owned or controlled by the city of Palo Alto or any other public agency, or any outdoor private property which is open to the public.
(h) "Public property" means any public right-of-way or any property owned or controlled by the city of Palo Alto, including, without limitation, streets, sidewalks, alleys, and rights-of-way.
(i) "Special newsrack area" means any area of the city of Palo Alto so designated by the city council upon findings that the special circumstances of the area require special design, placement and other standards for newsracks.
(j) "Special newsrack container" means a specially designed permanently affixed container provided by or on behalf of the city, within which shall be the exclusive location for the placement of newsracks in a special newsrack area.
(Ord. 4531 § 2 (part), 1998)
It is unlawful to install, place, maintain or cause to be placed, installed or maintained a newsrack on, or projecting on, any public property without first receiving a permit therefor from the city engineer and unless such newsrack is in compliance with the provisions of this chapter; provided that, except for newsracks proposed to be located within a special newsrack area, a newsrack located on public property as of April 5, 1999 may continue to remain in such location, under the following conditions:
(i) The newsrack is in compliance with the requirements for the installation and maintenance of newsracks contained in this chapter; and
(ii) A permit application for such newsrack has been filed as of that date with the city engineer by the duly authorized representative of both the publisher and, if applicable, any independent distributor authorized to service the publisher's newsrack; and
(iii) A permit pursuant to such application has not been denied with respect to any such newsrack.
If no permit application has been filed by that date by the duly authorized representative of both the publisher and, if applicable, any independent distributor authorized to service the publisher's newsrack, or such permit is denied, such newsrack shall be deemed to be in violation of the provisions of this chapter.
(Ord. 4531 § 2 (part), 1998)
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