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(a) Newsracks located in public places, other than public places from which minors are excluded, and which display to the public view harmful matter, shall be equipped with devices commonly known as blinder racks in front of the material so that the lower two-thirds of the material is not exposed to public view.
(b) Newsracks located in public places, other than public places from which minors are excluded, and which display to the public view material depicting or describing specified sexual activities, as defined in subdivision (1) of this subsection, or which contain material depicting or describing specified anatomical areas, as defined in subdivision (2) of this subsection, where such picture, or illustration, or statement has as its purpose or effect sexual arousal, gratification or affront, shall be equipped with blinder racks in front of the material so that the lower two-thirds of the material is not exposed to public view.
(1) "Specified sexual activities" means:
(i) Human genitals in a state of sexual stimulation or arousal;
(ii) Acts of human masturbation, sexual intercourse or sodomy; or
(iii) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(2) "Specified anatomical areas" means:
(i) Less than completely and opaquely covered human genitals, pubic hair, buttocks, perineum, anal region, or female breast at or below the areola thereof; or
(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 4531 § 2 (part), 1998)
(a) It shall be illegal to place, install, or maintain any newsrack or any material in a newsrack in a manner contrary to any provision of this chapter.
(b) Any person who violates any provision of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in subsection (b) of Section 1.08.010 of this code.
(c) Employees in the positions designated in this section are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: (1) code enforcement officer; (2) supervisor, building inspection. Employees exercising the authority provided for in this subsection (c) are generically referred to in this chapter as "code enforcement officer," notwithstanding their official employee position.
(Ord. 4531 § 2 (part), 1998)
In addition to the enforcement remedies available to the city, which are set forth in Chapter 1.12 and in Sections 9.79.100 and 9.79.110 of this chapter, any newsrack placed, installed or maintained in violation of this chapter may be removed by the city, subject to the notice and hearing procedures set forth in this section.
(a) Notice of Violation. Before removal of any newsrack, the code enforcement officer shall notify the owner or distributor of the violation. Written notification by first class mail to the address or addresses shown on the offending newsrack shall constitute adequate notice. The code enforcement officer may, but need not, affix an additional notice tag onto the offending newsrack. If no identification is shown on the newsrack, posting of the notice on the newsrack alone shall be sufficient. The notice shall state the nature of the violation, shall specify actions necessary to correct the violation, and shall give the owner or distributor ten business days from the date appearing on the notice to either remedy the violation or to request a meeting before the chief building official or designee of the chief building official, who shall not be the code enforcement officer. The date on the notice shall be no earlier than the date on which the notice is mailed or affixed to the newsrack, as the case may be.
(b) Meeting and Decision. Any owner or distributor notified under subsection (a) may request a meeting with the chief building official or designee by making a written request therefor within ten business days from the date appearing on the notice. The meeting shall be informal, but oral and written evidence may be given by both sides. The chief building official or designee shall give his or her decision within ten business days after the date of the meeting. Any action by the city to remove the newsrack shall be stayed pending the written decision of the chief building official or designee following the meeting.
(c) Removal and Impoundment. The city may remove and impound a newsrack or newsracks in accordance with this section following the written decision of the chief building official or designee upholding the determination of a violation, or if the owner or distributor has neither requested a meeting nor remedied the violation within ten business days from the date on the notice. An impounded newsrack shall be retained by the city for a period of at least thirty calendar days following the removal, and may be recovered by the permittee upon payment of a fee as set forth in the Municipal Fee Schedule. An impounded newsrack and its contents may be disposed of by the city after thirty calendar days.
(d) Summary Abatement. Notwithstanding the provisions of subsections (a) and (b), prior notice and an opportunity to be heard shall not be required prior to removal of any newsrack that is installed or maintained in such a place or manner as to pose an immediate or clear and present danger to persons, vehicles or property or any newsrack that is placed in any location without a permit. In such case, the city shall proceed in the following manner:
(1) Within the next working day following removal, the chief building official or designee shall notify by telephone the permittee or, in the case of an unpermitted newsrack, the owner of the newsrack or a person whose name is shown on the required identification. Within three business days, the chief building official or designee shall send written confirmation of the telephoned notice. The written confirmation shall contain the reasons for the removal and information supporting the removal, and shall inform the recipient of the right to request, in writing or in person, a post-removal meeting within four business days of the date of such written notice.
(2) Upon timely request, the chief building official or designee shall provide a meeting within forty-eight hours of the request, unless the requesting party agrees to a later date. The proceeding shall be informal, but oral and written evidence may be given by both sides. The chief building official or designee shall give his or her decision in writing to the requesting party within forty-eight hours after such meeting. If the chief building official or designee finds that the removal was proper, he or she shall notify the requesting party to pay any applicable penalties and costs and recover the newsrack. If the chief building official or designee finds that the removal was improper and that placement of the newsrack was lawful, the chief building official or designee shall order that the newsrack be released and reinstalled without charge.
(3) If the owner of an unpermitted rack cannot be determined and the rack does not contain the required identification, no notice of the removal shall be required.
(Ord. 4531 § 2 (part), 1998)
An abandoned newsrack may be removed by the city and impounded, pursuant to the notice and hearing procedures set forth in Section 9.79.120. The city may dispose of the newsrack if the permittee does not claim the newsrack and pay any required fees within thirty days of its removal.
(Ord. 4531 § 2 (part), 1998)