CC Ordinance 2071
ORDINANCE NO. 2071
BEING AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL AMENDING CHAPTER 8.32
OF THE CAMPBELL MUNICIPAL CODE ENTITLED
NEWSRACKS
The City Council of the City of Campbell does hereby ordain as follows:
SECTION ONE: That Chapter 8.32 of the Campbell Municipal Code be
amended in its entirety and replaced with exhibit marked Attachment A.
SECTION THREE: This Ordinance shall become effective (30) days following its
passage and adoption and shall be published once within fifteen (15) days upon
passage and adoption in the Campbell Express, a newspaper of general
circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 11th day of September
following roll call vote:
, 2006 by the
AYES : Councilmembers:
Kennedy, Burr, Furtado, Watson
NOES Councilmembers:
None
ABSENT: Councilmembers:
Hernandez
APPROVED:
ATT~
Anne Bybee, City Clerk
Attachment Z\.
Title 8
PUBLIC PEACE, SAFETY, AND MORALS
Chapters 8.32 NEWSRACKS Sections:
8.32.010 Purpose.
8.32.015 Definitions
8.32.020 Prohibition.
8.32.025 Standards for Newsracks Placed on Sidewalks
8.32.030 Location of Newsracks
8.32.035 Display and Sale of Harmful Matter to Minors
8.32.040 C-3 Central Business District Newsrack requirements
8.32.042 Removal of Abandoned or Illegal Newsracks
8.32.045 Notices and Hearings
8.32.050 Insurance
8.32.055 Indemnification
8.32.060 Violations
8.32.065 Severability
Section 8.32.010 Purpose.
A) The unregulated placement of newsracks in public rights-of-way presents an inconvenience
and danger to the safety and welfare of persons using such right-of-way, including pedestrians,
persons entering and leaving vehicles and buildings, and persons performing essential utility,
traffic control, and emergency services.
B) Newsracks located as to cause an inconvenience or danger to persons using public right-of-
way, and unsightly newsracks located therein, constitute public nuisances.
C) The uncontrolled proliferation of newsracks detracts from the appearance of streets,
sidewalks, and adjacent business.
D) The uncontrolled placement of news racks may inhibit safe entry and departure of vehicles,
public and private.
E) The uncontrolled placement of newsracks impairs the vision and distracts the attention of
motorists and pedestrians, particularly small children, and may cause injury to the person or
property of such persons.
F) The uncontrolled placement of newsracks increases the civil exposure of the City to personal
injury and property damages claims.
G) The regulated placement of newsracks provides for and maintains the freedom of speech and
press for newspapers and news periodicals using dispensing devices for distribution purposes.
H) This chapter is enacted in pursuance of and for the purpose of securing and promoting the
public safety and general welfare of persons in the City in their use of public rights-of-way.
Section 8.32.015 Definitions.
Whenever the following words and phrases are used in this chapter, they shall have the meaning
ascribed to them in this section:
A) Abandoned Newsracks - Any newsrack which has been left empty for a period of thirty (30)
days, except a newsrack remaining empty due to labor strike or other extraordinary interruption
of distribution or publication by the newspaper or other publication sold or distributed from that
newsrack.
B) Compartment - A separate part or section of a newsrack or modular newsrack that
accommodates one or more publications.
C) Director - Campbell's Director of Public Works or his/her designee.
D) Distributor or Publisher - A person or entity responsible for placing and maintaining any
newsrack in a public right-of-way.
E) C-3 Central Business District - Any area designated as a C-3 Central Business District on the
zoning map of the City pursuant to Campbell Municipal Code section 21.04.030, and any
amendments thereto, including all public rights-of-way located within the district boundaries.
F) C-3 Modular Newsracks -a newsrack meeting the requirements set forth in section 8.32.040
subsection B.
G) Modular Newsracks - An industry standard news dispenser containing a connected double
row of two (2) or more compartments dispensing a group of individual newspapers or
publications within a single unit, mounted on a pedestal base in a fixed location as defined in this
section.
H) Newsracks - Any self-service or coin-operated box, container, storage unit, fixture or other
dispenser placed, installed, used, or maintained for the display and sale or other distribution of
newspapers, periodicals or other publications.
I) Parkway - The area between the sidewalk and the curb of the roadway, and where there is no
sidewalk, that area between the edge of the traveled roadway and the edge of a public right-of-
way. Parkway also includes any area within a roadway that is not open to vehicular travel.
J) Public right-aI-way - Any place of any nature which is dedicated to use by the public for
pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter,
crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road,
roadway, viaduct, subway, tunnel, bridge, thoroughfare, park square, and other similar public
way.
K) Roadway - That part of a public right-of-way that is designated and used primarily for
vehicular travel.
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L) Sidewalk - That part of a public right-of-way that is designated and ordinarily used for
pedestrian travel.
Section 8.32.020 Prohibition.
No person shall place, install, use, or maintain any newsrack which rests in whole or in part
upon, in, or on any portion of a public right-of-way or what projects onto, into, or over any part
of a public right-of-way except in compliance with the provisions of this chapter.
Section 8.32.025 Standards for Newsracks placed on sidewalks.
Any newsrack which rests in whole or in part upon, in or on any portion of a public right-of-way
or which projects onto, into or over any part of a public right-of-way shall comply with the
standards set forth in this section:
A) No news rack shall exceed fifty inches (slanted top, fifty-six inches) in height including
pedestal, twenty-four inches in width, or seventeen inches in depth.
B) No modular news rack shall exceed fifty inches (slanted top, fifty-six inches) in height
including pedestal, twenty-four inches in width, or seventeen inches in depth.
C) No advertising signs or material, other than the name of the publication and promotion of the
publication contained within the newsrack shall be displayed on the outside of the newsrack.
D) Each newsrack shall be equipped with a coin-return mechanism to permit a person using the
machine to secure an immediate refund in the event he or she is unable to receive the publication
for which he or she paid. The coin-return mechanisms shall be maintained in good working
order. Newsracks dispensing free publications are exempt from Subsection D.
E) Each newsrack shall have affixed to it in a readily visible place, the name and address of the
distributor and the telephone number of a working telephone service to call to report a
malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or
to give the notices provided for in this chapter.
F) Each news rack shall be maintained in a neat and clean condition and in good repair at all
times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be
serviced and maintained so that:
I) It is reasonably free of dirt and grease;
2) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas
thereof;
3) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof;
4) The clear plastic or glass parts thereof, if any, through which the publications therein are
viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;
5) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading;
and
6) The structural parts thereof are not broken or unduly misshapen.
G) Except as provided in Section 8.32.040 for the C-3 Zone, news racks lawfully in existence
prior to adoption of this ordinance, shall be allowed to remain at the same location, unless the
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Director makes written findings that the news racks (1) constitute a public nuisance or danger to
public safety, and (2) are inconsistent with the requirements of this chapter. If the Director or
his/her designee determines that the placement of a newsrack or newsracks in a location
conforms to the standards in this section, but nevertheless constitutes a safety hazard or
unreasonably interferes with pedestrian travel or emergency access, the Director may deny the
placement by making written findings specifying what constitutes the hazard or unreasonable
interference. Any determinations made pursuant to this Section shall be subject to the notice
and hearing procedures set forth in Section 8.32.045.
Section 8.32.030 Location of Newsracks.
Any newsrack which rests in whole or in part upon, in, or on any portion of a public right-of-way
or which projects onto, into or over any part of a public right-of-way shall be located in
accordance with the provisions of this Section:
A) Except as otherwise provided in Section 8.32.040, news racks shall be permitted in the public
right-of-way of a public street adjoining land zoned for residential use only if the street is a
major arterial as shown in the transportation element of the general plan.
B) No newsrack shall be located in whole or in part in any roadway.
C) Newsracks shall be located only near the curb (or, ifthere is no curb, the edge of the
roadway) or the wall of a building. Newsracks located near the curb shall be located no less than
eighteen inches, nor more than twenty-four inches, from the roadway edge of the curb.
Newsracks located adjacent to a building shall be located parallel to and not more than six inches
from the wall thereof. No newsrack shall be located directly in front of any display window of
any building abutting a sidewalk.
D) Existing newsracks shall be bolted or safely secured to the sidewalk or concrete slab or other
alternate technique approved by the Director. Newsracks shall not be chained to or otherwise
attached to a bus shelter, bench, street light, utility pole, sign pole, any other sign, or any tree,
shrub, or other plant, nor situated upon any landscaped area, or tree grate.
E) No group of news racks shall exceed a combined distance of more than ten feet in length
without a four (4') foot separation.
F) No newsrack shall be placed, installed, used or maintained:
1) Within one hundred lineal feet of any other group of N ewsracks on the same side of the
street whether or not containing the same issue or edition of the same publication;
2). Where placement unreasonably interferes with the use of utility poles, traffic signs, signals,
mailboxes, or mechanical sidewalk cleaning machinery.
Section 8.32.035 Display and Sale of Harmful Matter to Minors.
Section 313.1 of the California Penal Code shall govern the display, offer for sale or selling of
harmful matter as defined in CPC Section 313( a), to minors in vending machines, selling such
matter, unattended by an adult at the time of such sale, located in and upon public places. No
material which is harmful to minors, as defined in Section 313 of the California Penal Code,
shall be displayed in a public place, other than a public place from which minors are excluded,
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unless blinder racks are placed in front of the material so that the lower two thirds (2/3) of the
material is not exposed to view.
Section 8.32.040 C-3 Central Business District Newsrack requirements.
All Newsracks installed in the public right-of-way in the C-3 Central Business District shall
comply with this Section:
A) Each Distributor or Publisher shall obtain a newsrack permit from the Director or his/her
designee prior to placing any newsracks in the public right-of-way.
1) The C-3 Central Business District newsrack permit application form shall state the name,
address, and direct telephone number of those responsible for the installation and maintenance
of the newsrack(s). The application shall list all of the newsrack locations to be maintained by
the Distributor or Publisher in the C-3 Central Business District and the number of
compartments to be utilized per location.
2) The Director shall approve or deny the permit within ten (10) working days after submission
of the application. If the type of news rack and proposed location(s) meet the standards set forth
in this chapter, the Director shall approve the application. If the Director denies the application,
the Director shall set forth written findings specifying the grounds for denying the application.
If the Director fails to act on the application within ten (10) working days from the date that the
application is submitted, then the application shall be deemed approved.
3) In the event of a change in Distributor or Publisher of a newsrack, the new Distributor or
Publisher shall modify the existing permit within ten (10) days of the change, providing the
new name, address, and the telephone number for the maintenance and operation of the
newsracks.
B) C-3 Modular Newsracks shall be required in the C-3 Central Business District and shall
conform to the specifications in this Section:
1) Gloss Black Sho-Rack Concourse Modular Newsracks or, equivalent model in design and
quality subject to approval by the Director.
2) Style number- Concourse 98 with slanted top and elevator shelf and/or style number
Concourse 97 slanted top compartment unit over a 49-16 style bottom compartment, mounted
on an ADA pedestal. All Modular Newsracks shall be equal in height not exceeding fifty-six
inches from the sidewalk to the top of the unit, twenty-four inches in width and sixteen inches
in depth.
3) A grouping of Modular Newsracks shall not exceed a distance of more than eight (8) feet in
length at each location. If the Director determines that sufficient space exists at a specific
location to accommodate a second group of Modular N ewsracks, with a four (4) foot separation
between both groups, and it does not violate the safety standards set forth in this ordinance, the
Director or its designee shall approve a second group of Modular Newsracks not to exceed (8)
feet in length for the additional group.
4) Each Distributor or Publisher shall permanently affix within plain view on each newsrack,
the name, address and telephone number of the person responsible for the maintenance and
operation of the newsrack.
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5) No advertising signs or material, other than the name of the publication and promotion of the
publication contained within the news rack, shall be displayed on the outside of the newsrack,
and shall only be located on the front of the newsrack.
6) At such time as this Ordinance becomes effective, the Director shall give written notification
to affected Distributors or Publishers of a ninety (90) day period to comply with this section
requiring the conversion of existing newsracks to gloss black, Sho- Rack Concourse Modular
Newsracks in the C-3 Central Business District.
C) C-3 Modular Newsrack placement and distribution in the C-3 Central Business District.
1) All costs associated with the purchase and installation of the Modular Newsracks shall be
borne by the Distributor or Publisher.
2) All Modular Newsracks installed in the C-3 Central Business District in the public right-of-
way shall be permanently affixed to the sidewalk.
3) No Newsracks shall project onto, into or over any part of the roadway of any public right-of-
way, street, or which rests, wholly or in part, upon, along or over any portion of a roadway.
4) Modular Newsracks shall replace newsracks currently located on side streets, perpendicular
to Campbell A venue, as approved by the Director in compliance with this section and a valid
permit.
5) No Modular Newsrack shall be installed, placed or located within one hundred fifty lineal
feet (150') of any other grouping of newsracks whether or not containing the same issue or
edition of the same publication.
6) No Modular Newsrack shall be installed where the clear space between the storefront or
patio furniture and the front of the newsrack is less than six (6) feet.
7) Each Modular Newsrack shall be installed in a permanent fashion to the public sidewalk.
Distributors or Publishers shall provide the installation pursuant to the provisions of this
chapter. Should the newsracks be relocated at any time in the future, the then-owner, Publisher,
or Distributor of the newsrack(s) shall bear the costs of repairing and restoring the sidewalk to a
safe and attractive condition immediately upon removal or relocation of the newsrack.
8) Newspapers, magazines, periodicals and other publications shall only be distributed through
approved and permitted Modular Newsracks and shall not be placed directly on sidewalks, in
building entryways, vestibules or other areas which abut the sidewalk or public-right-of-way.
9) At such time as this Ordinance becomes effective and the Director gives written notification
of this ordinance pursuant to section 8.32.040 C, all Distributors who have historically had
newsracks located in the C-3 Central Business District, may present to the Director an agreed
upon distribution plan for the available compartments and locations in the Modular Newsracks
to be installed in compliance Section 8.32.040. When approved by the Director applying the
criteria set forth in Section 8.32.040 C, this agreed upon distribution plan will become the basis
for the initial compartment assignments.
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10) If the Distributors cannot reach agreement for compartment assignments, a lottery system
shall be conducted by the Director to determine compartment assignments. At each existing
Modular Newsrack location in the C-3 Central Business District a random selection from the
distributors having newsracks at that location shall be made until all Distributors have received
a compartment in compliance with Section 8.32.040 C. Other Distributors who have yet to
receive a compartment shall then be offered a compartment if space is available. Trading,
selling, giving or other methods of transferring assigned space to another Distributor, person or
entity shall not be allowed. Any Distributor desiring additional space after the lottery process is
complete shall be placed on a waiting list at the Director's office and shall be assigned as
compartments become available. Ifnew Modular Newsrack locations are requested by a
Distributor in addition to locations which already exist, the Director will work with the
Distributor in identifying the new location that meets the criteria established in this ordinance;
and space will be assigned upon approval and issuance of a Modular Newsrack permit.
11) A Distributor with assigned compartment space may vacate the space by providing written
notice of its intention to the Director, and will be responsible for removal of the Modular
Newsrack, and repairing the sidewalk.
Section 8.32.042 Removal of Abandoned or Illegal N ewsracks
A) The Director may remove any news rack that the Director determines to be abandoned or in
violation of this chapter.
B) Except as provided in Subsection C of this Section, the Director shall not remove any
newsrack without complying with the procedures of Section 8.32.045.
C) Notwithstanding Subsection B, the Director may remove a news rack prior to complying with
the procedures of Section 8.32.045 if the Director makes written findings that the newsrack
constitutes an immediate threat to the safety of the public.
Section 8.32.045 Notices and Hearings
A) Before any newsrack is removed pursuant to Subsection A of Section 8.32.042, the
Distributor shall be notified in writing by First Class United States mail of the proposed removal
and given ten (10) working days from the mailing date of such notice to remedy the violation or
request a hearing before a neutral hearing officer to contest removal. If a newsrack is removed
pursuant to Subsection C of Section 8.32.042, the Director shall within two (2) working days
after the removal send the Distributor written notice of the removal by First Class United States
mail, giving the Distributor ten (10) working days from the mailing date of such notice to request
a hearing before a neutral hearing officer to contest removal.
B) The written notice shall be sent to the Distributor responsible for such newsrack at the address
posted on the newsrack. The notice shall contain the name of the Distributor, location of the
news rack, the Section of the Code in violation, and any findings made by the Director, and
provide the name of the Director or his/her representative, address and phone number to request
a hearing as defined in Subsection C of this Section.
Except when the newsrack has been removed pursuant to Subsection C of Section 8.32.042, an
additional notice tag shall be affixed to the news rack with a copy of the notice. The latter notice
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shall be sufficient if no identification is shown on the newsrack or the responsible person's
address is unknown.
C) The Distributor notified under Subsection A of this Section may request a hearing before a
neutral hearing officer by making a written request to the Director within ten (10) days of the
date of mailing the notice or affixing it to the newsrack. The hearing shall be informal, but oral
and written evidence may be given and the hearing shall occur within fourteen (14) days of the
date of request for the hearing, unless the Distributor and the Director agree to a later date. If the
newsrack has not been removed pursuant to Subsection C of Section 8.32.042, any action by the
City with respect to the alleged violation shall be stayed pending the hearing officer's decision, if
a hearing is requested. The hearing officer shall render a decision as to whether or not the
newsrack was abandoned or in violation of the provisions of this chapter in writing and mailed
by First Class United States mail to the Distributor within seven (7) days from the conclusion of
the hearing.. The written decision shall include findings of fact in support of the decision, based
on substantial evidence presented at the hearing.
D) When the time period for requesting a hearing or remedying of a violation has expired or any
hearing results in a decision sustaining the removal, the Director may remove the newsrack and
the Distributor shall be notified of the removal in the same manner as provided for notices under
Subsections A and B of this section. Newsracks removed by the City and may be recovered by
the responsible party within thirty (30) days from their removal upon payment of the costs
incurred by the City for removal.
E) N ewsracks may be disposed of if they are not claimed by the responsible party within thirty
(30) days. The city shall attempt in good faith to obtain reasonable compensation for any
news racks of which it disposes. Any compensation received from a third party by the City for an
unclaimed newsrack shall be applied to the costs of removal, storage and disposal of the
newsracks.
F) The cost of removal of a newsrack incurred by the City shall be repaid by the news rack
Distributor or other responsible party within sixty (60) days of notification and any such amounts
remaining unpaid shall constitute a debt to the City. If the City receives compensation for
disposal of the newsracks that exceeds the costs of removal, storage and disposal, the excess
shall be paid over to the Distributor.
Section 8.32.050 Insurance.
Each publisher or distributor using news racks regulated by this article shall furnish to the City
evidence of insurance showing that such person has then in force general liability and property
damage insurance, naming the City, its officers, and employees as additional insureds, in an
amount not less than Two Hundred Fifty Thousand ($250,000) minimum liability combined
single limit (bodily injury and property damage) per person and per occurrence. The Distributor
shall provide and keep in force that policy of general liability insurance during such time as it
continues to locate any newsrack under the terms of this article. The evidence of insurance filed
with the Director shall include a statement by the insurance carrier that at least thirty (30) days'
notice will be given to the Director before any cancellation of or material change in the policy.
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Section 8.32.055 Indemnification.
Every person operating or maintaining a newsrack upon or within the public property, rights-of-
way, or public easements adjacent to streets of the City shall enter into an agreement to
indemnify, defend, and hold the City of Campbell, City of Campbell Redevelopment Agency,
and their agents, officers, attorneys, employees, officials and volunteers harmless from any and
all claims, causes of action, injuries, losses, liabilities, cost (including reasonable defense costs
and attorneys' fees) or damages arising out of or related to, or alleged to arise out of or relate to
the installation, location, operation, maintenance or use of such newsrack(s), except for any
claims, causes of action, injuries, losses, liabilities or damages proximately caused by the sole
negligence or willful misconduct of City.
Section 8.32.060 Violations.
A) It is unlawful for any person, firm or corporation to violate any provision, or fail to comply
with any mandatory requirement of this chapter.
B) Any person, firm or corporation committing any act made unlawful pursuant to Subsection A
of this section shall be guilty of a misdemeanor pursuant to Campbell Municipal Code Section
1.04.010.
Section 8.32.065 Severability.
If any section, subsection, subdivision, sentence, clause, phrase or part of this chapter or any part
thereof is for any reason held to be invalid or unconstitutional by the final decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this chapter or any part thereof. The City Council declares that it would have adopted this
chapter and each section, subsection, subdivision, sentence, clause, phrase or part thereof
irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences,
clauses, phrases or parts be declared invalid or unconstitutional.
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