Loading...
HomeMy WebLinkAboutItem 6.3 NewsrackOrdinance CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: June 25, 1990 SUBJECT: Public Hearing: Ordinance Relating to Newsracks (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: 1) Draft Ordinance 2) Draft Registration Form 3) Letter from Blaine Nelson of The Valley Times RECO~L~ENDATION: 1) 2) /7 'f\r6 3) yV 4) _ 5) ,_....... Open public hearing Receive Staff presentation and public testimony Question Staff and the public Close public hearing and deliberate Waive reading and ADOPT ordinance relating to newsracks ¿,,,. FINANCIAL STATEMENT: Minor expense of printing permit forms, as well as staff time to review applications and issue permits. This expense would be paid from the Engineering Operating Budget. The City cannot constitutionally charge a fee for the permit. DESCRIPTION: This proposed ordinance was created in respanse to a complaint from a wheelchair-bound resident that news racks had blocked his path in some locations. The City Council asked Staff to draft an ordinance which would set standards for the safe placement of news racks and also require that the racks be maintained. The draft ordinance also contains an insurance requirement and a procedure for impounding racks that are determined to be hazardous. Comments received during the initial public hearing on May 14th were as follows: 1) The term "permit" implied an ability to allow or not allow placement of the racks, contrary to the news agencies' First Amendment rights. 2) The requirement for modular racks in the City's Central Business District should be eliminated because of the expense involved in purchasing and installing that type of rack. 3) The insurance and indemnification section should be modified in accordance with language provided by counsel for one of the news agencies. A specific dollar amount for liability coverage should be stated. 4) Objections were made to the placement and maintenance requirements. 5) It was felt that news agencies should be able to appeal the City Manager's decision regarding violations to the City Council. At the June 11th meeting, modifications to the draft ordinance were presented which addressed these issues as follows: 1) The "permit" form was been changed to a "registration" form, and the news agency or publication would be allowed up to 24 hours following placement to register a rack. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -- --- - - - - - - - - - - - - - -- - - - - - - - -- - - - - -- ITEM NO. 6 ~ 1 COPIES TO: 2) The requirement for modular racks in the Central Business District was changed to apply to locations with four or more racks only. In cases where multiple racks are involved, the likelihood is greater of the racks straying into the street or blocking the sidewalk. 3) The language provided by counsel for one of the news agencies regarding indemnification was incorporated into the draft ordinance. In addition, the specific amount of $1,000,000 in liability coverage was added. The placement and maintenance requirements were felt to be proper. In response to the comment regarding appeal to the City Manager, the City Attorney stated that a multiple appeal process was cumbersome, and that since the appeal only concerned return of an impounded rack, it should not be necessary to involve the Council in the decision. At the June 11th public hearing, a letter from Mr. Blaine Nelson of the Valley Times (Exhibit 3) was entered as testimony. No additional comments were received from the public. Staff recommends that the City Council conduct a public hearing, deliberate, waive the reading and ADOPT the ordinance relating to newsracks. -2- ORDINANCE NO. - 90 AN ORDINANCE OF THE CITY OF DUBLIN AN ORDINANCE RELATING TO NEWSRACKS THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: section 1. The city Council of the City of Dublin does hereby find and declare: A. There is a substantial governmental interest in promoting the public health, safety,welfare and convenience by ensuring that persons may reasonably use the public streets, sidewalks, rights-of-way, and other public property without interference with such use. B. Public streets, sidewalks and rights-of-way are public forums and their reasonable use in sale, distribution and circulation of newspapers is a constitutionally protected right. C. Newspaper vending within the public rights-of-way and other public property can be accomplished without unreasonably interfering with the normal and reasonable use of these areas by the public. D. 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 -1- EXHIBiT I ~.~.'>"-,-.",.,,,~ 114\ord\ne~srack.ehs\5.25.90 eliminated; damage done to sidewalks or streets be minimized and repaired; the good appearance of the public streets and grounds 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 properties adjoining the public rights-of-way be protected. E. The regulation of the sale or free distribution of newspapers and other publications dispensed in newsracks as set forth in this chapter provides the least intrusive and burdensome means for ensuring the purposes stated in this section are carried out while still providing ample opportunities for the distribution of news to the citizens of the city. ARTICLE 1. GENERAL PROVISIONS section 2. Reqistration Required. Any person placing or maintaining any newspaper vending device which dispenses newspapers and/or other publications (hereinafter "newsrack") on or projecting into any public street which includes but is not limited to, any highway, alley, sidewalk, park, parkway mall, parking lot, plaza or other public property or right-of-way, shall register such newsrack(s) with the city Engineer, or his designee, within 24 hours of such placement. Section 3. provisions Supersede Encroachment Requlations. The provisions of this Chapter shall supersede the provisions of Ordinance No. 15-89 relating to encroachments -2- 114\ord\ne~srack.ehs\5.25.90 except to the extent specifically incorporated or referenced herein. section 4. Reqistration Form. Registration of a newsrack shall be made with the City Engineer on prescribed forms containing the information required by §§ 6 and 7. One registration form may be filed for any number of newsracks placed on the streets in accordance with the provisions of this Ordinance. Section 5. Reqistration - No Fee. No fee or bond shall be required for the registration of a newsrack. section 6. contents of Reqistration Form. The newsrack registration form shall state the name, address and telephone number of those responsible for installation, use and maintenance of the newsrack(s) subject to the registration. Section 7. Insurance and Indemnification. As a part of a registration under this Article, the registering party or news rack owner (hereinafter "owner") shall furnish to the city a certificate showing that such person has then in force public liability and property damage insurance, naming the city as an additional insured, in an amount not less than $1,000,000 (one million). The newsrack owner shall provide and keep in force that policy of public liability insurance during such time as it continues to locate any newsrack under the terms of this Ordinance. The evidence of insurance filed with the city shall include a statement by the insurance carrier that thirty (30) days unconditional notice will be given to the city -3- 114\ord\ne~srack.ehs\5.25.90 before any cancellation. If an owner presents credible evidence demonstrating an inability to comply in good faith with any of the foregoing insurance requirements, the City Manager or his designee shall waive the subject insurance requirement(s). In addition, the application shall contain a provision wherein every person operating or maintaining a newsrack upon the streets of this city shall agree to indemnify and hold harmless the City, its officers and employees, from any loss, liability, damage, or cost sustained by any person or property, to the extent any such loss, liability, damage or cost arises from the installation, operation, or use of such newsrack; provided, however, that such obligation to indemnify and hold harmless the city, its officers and employees shall not extend to any loss, liability, damage or cost resulting from the acts, failure to act, or property of a person other than the owner. section 8. Term of Reqistration. The registration completed pursuant to this Ordinance shall remain in effect until all newsracks are abandoned or impounded. ARTICLE 2. LOCATION AND TYPE OF PERMISSIBLE NEWSRACKS section 9. Identification. Every newsrack owner shall permanently affix to each newsrack the owner's name, address and phone number as required by Business and Professions Code § 17570. section 10. Location and Placement of Newsracks. No newsracks shall be installed, used, or maintained in any location upon public property, within rights-of-way, or within -4- 114\ord\ne~srack.ehs\5.25.90 public easements adjacent to streets where such installation, use, or maintenance endangers the safety of persons or property, or interferes with public utility, public transportation, or other government use, or unreasonably interferes with or impedes the flow of pedestrian, bicycle, wheelchair, or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of traffic signs or signals, hydrants, or mail boxes. without limitation of the foregoing, the following specific standards apply: (a) (b) (c) When a sidewalk is contiguous to a street curb, newsracks shall be placed on the back of the sidewalk away from the curb so that the back edge of the newsrack is no farther than six (6) inches from the back edge of the sidewalk. When a sidewalk is separated from a street by a planter strip, newsracks may be placed on either side of the sidewalk so that the back edge of the newsrack is no farther than six (6) inches from either edge of the sidewalk, or with the permission of the City Engineer, in the planter strip; newsracks may not be placed within twenty-four (24) inches of the face of curb. When a newsrack is placed adjacent to the wall of any building, the newsrack shall be placed with its long axis parallel to the building and with the back edge of the newsrack at least six (6) inches away but no more than twelve (12) inches away from the building. -5- 114\ord\ne~srack.ehs\5.25.90 (d) Clear space for pedestrian/bicycle passage shall be maintained as follows: (1) on bicycle-pedestrian paths, at least eight (8) feet clear space, provided no newsrack shall be placed on the paved portion of such path. (2) on sidewalks of eight (8) feet or less in width, at least three (3) feet clear space. (e) No newsrack shall be installed, used, or maintained within the following distances, measured parallel to the street unless otherwise indicated, from the following: (1) within three (3) feet of any marked crosswalk; (2) within the area adjacent to the curb return of any intersection with unmarked crosswalks; (3) within a five (5) foot radius of any fire hydrant, traffic controller box, or other emergency facility; (4) within three (3) feet of any driveway, entrance to a building, or sidewalk leading to the entrance of a building; (5) ln front of, or so situated so as to impede access to or from, any bus bench or shelter or access to or from public transit; (6) within three (3) feet of any no parking or stopping zone, unless the newsrack is located on the side of the sidewalk farthest from the street; -6- 114\ord\ne~srack.ehs\5.25.90 (7) within the limits of a handicap ramp; and (8) within any area found to be a safety problem by the city Engineer in accordance with the standards established by this section. The city Engineer may require a newsrack owner to move a newsrack if the city Engineer determines that the placement of the newsrack does not meet the criteria of this section. section 11. Permissible Types of Newsracks. a. Multi-Unit Confiqurations. Newsracks in a multi-unit configuration standard in trade use permanently affixed to the ground ln a manner conforming to a standard detail for permanent installation of newsracks as established by the city Engineer shall be permitted as follows: (1) central Business District. In recognition of the business oriented aspects of the area bounded by San Ramon Road, Amador Valley Boulevard, village Parkway and Dublin Boulevard, and along Dublin Boulevard between Hansen Drive and Dougherty Road, which in this Article shall be designated the Central Business District (CBD) , where four or more newsracks are or would be placed immediately adjacent to each other within the CBD, multi-unit configuration shall be used. (2) Areas outside the CBD. Multi-unit configurations shall also be permitted in areas outside the CBD. -7- 114\ord\ne~srack.ehs\5.25.90 b. Sinqle-unit Confiqurations. Any single newsrack of standard design commonly in trade use may be either movable or permanently affixed to the ground in the following circumstances: (1) In any location in the CBD where use of a multi- unit configuration is not practical or is not required by section (a) (1) above. (2) In any location outside the CBD. section 12. Attachinq Newsracks to Other Property. A newsrack shall not be chained, bolted, or otherwise attached to public property or any property not owned by the owner of the newsrack without the consent of the owner of the property. Newsracks shall not be chained, bolted, or otherwise attached to any shrub, tree, tree stake, or other plant nor situated upon any landscaped area, unless approved by the City Engineer. Section 13. Newsrack Maintenance. Each newsrack shall be maintained in a neat, graffiti free clean condition and in good repair at all times and shall be painted on a regular basis. Newsracks that are damaged or defective shall be replaced or repaired as soon as is practical, unless the owner wishes to abandon the location, in which event the owner shall promptly remove its newsrack. When use of any newsrack is permanently discontinued, it shall be removed and the location restored to its previous condition, nOrmal wear and tear excepted. A newsrack which is unused for six months shall be presumed to be permanently discontinued. No newsrack shall be -8- 114\ord\ne~srack.ehs\5.25.90 used for advertising signs or publicity purposes other than the one concerned with the display, sale, or distribution of the newspaper distributed from it. section 14. Correction or Impoundment of Newsracks. (a) The city Engineer may: (1) Immediately correct any violation of section 10 or 13 and shall do so without impounding if such correction can be accomplished simply, easily, quickly and without substantial public expense; (2) Immediately remove and impound any newsrack in violation of this Ordinance if the violation is creating a dangerous or hazardous condition which cannot be corrected under subparagraph (a) (1) above. Notice of such action and the right to request a hearing shall be mailed to the owner within two working days after such action; (3) Notify the owner maintaining a newsrack found in violation of this Ordinance, by mail, that unless the violation is corrected or a hearing requested, within seven working days of the date of the notice, that the newsrack will be impounded; or (4) Impound any newsrack in accordance with the decision of any hearing requested pursuant to this Ordinance. -9- 114\ord\ne~srack.ehs\5.25.90 Section 15. Hearinqs on Impoundment. (a) Any owner aggrieved by a decision under section 14 (a) (2) or (3) may request a hearing before the City Manager at any time within seven working days of the date of notice under section 14 (a) (2) or (3) . (b) A hearing shall be held, within seven working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the newsrack should not be impounded or should be returned without payment of an impound fee. (c) The City Manager shall. render a written decision within five working days after the close of the hearing. The decision of the city Manager shall be final. Section 16. Return of Impounded Newsracks. (a) The owner may, at any time up to and including the 30th day after the impounding, and if a hearing is held concerning the newsrack at any time up to and including the 30th day after the written decision, obtain a return of the newsrack and its contents, upon paying an impound fee of $25.00 plus the reasonable additional cost, if any, of impounding the newsrack in excess of $25.00, unless such fee is waived. section 17. Disposal of Impounded Newsracks. -10- 114\ord\ne~srack.ehs\5.25.90 If a hearing on the impounding of the newsrack is not timely requested or if the newsrack is not returned in accordance with the provisions of this Ordinance, the city Engineer may sell or otherwise dispose of the newsrack, and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in said newsrack, in the city's general fund. Section 18. postinq and Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the city of Dublin shall cause this Ordinance to be posted in at least three ( 3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of , 1990, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: city Clerk -11- 114\ord\ne~srack.ehs\5.25.90 (........LTï Ur' UUDL..L.it 100 Civic Plaza Dublin, CA 94568 (415) 833-6630 NEWSRACK REGISTRATION FORM REGISTRATION NO. NAME: (Person responsible for installation, use & maintenance of newsrackJ ADDRESS: DATE OF REGIS. COMPLETION PHONE: INSURANCE CAFL~IER(S): (Public Liability & Property Damage J POLICY NO. A..'OUNT OF COVERAGE $ CERTIFICATE RECEIVED: EXPIRl\.TION DATE: [Certificate naming the City as additional insured must be on file for registration to be ~alid.] LOCATION(S) PROPOSED: TYPE OF RACK (MODULAR, BOLTED TO SIDEWALK, FREESTANDING, ETC.) BY SIGNATURE BELO>-l, THE RESPONSIBLE PARTY/OWNER AGREES TO COMPLY WITH TEE CONDITIONS OF CITY OF DUBLIN ORDINANCE -90 AND INSTALL NEWSRACK(S) Þ.CCORDING TO THE DETAIL Þ.TTACHED TO THIS FORM. THE RESPONSIBLE PARTY/OWNER FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF DUBLIN, ITS OFFICERS AND EMPLOYEES, FROM ANY LOSS, LIABILITY, DAMAGE OR COST SUSTAINED BY ANY PERSON OR PROPERTY ARISING FROM THE INSTALLATION, OPERATION OR USE OF THE NEWSRACK(S) SUBJECT TO THIS REGISTRATION; PROVIDED, HOWEVER, THAT SUCH OBLIGATION TO DEFEND AND HOLD HAfu'1LESS SHALL NOT EXTEND TO ANY LOSS, LH\.BILITY, DA.'1AGE OR COST RESULTING FROM THE ACTS, FAILURE TO ACT, OR PROPERTY OF A PERSON OTHER THAN THE NEHSRACK OWNER. DATE: SIGNATURE: Responsible Party/Owner APPROVED BY : DATE: ~u~rr . .~. . ': ;->.;,;:~'j. :f'.:J z 114\misc\ne\\'Srack.ehs -".-.-'-~-"",.'-'" -,.~.."".~....... ~ Valley ).I~I- A Publication of Lesher Communications. Inc. 127 Spring St, P.O. Box 607 Pleasanton. California 94566-0861 (415) 462-4160 June 11, 1990 Lee S. Thompson City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Hr. Thompson: We have received the latest draft of Dublin's proposed newsstand ordinance. The revisions are certainly a step in the right direction, and we feel they acceptably address three very important issues. However, in our opinion, there are two additional issues that you have failed to deal with. Should these sections be enforced, it could lead to litigation. , 1. Section 10, regarding the placement of newsracks and some of the restrictive guidelines from (a) to (e) of that section. There are other objects placed on sidewalks that don't appear to be under the same measurement guidelines or restrictions, such as mail boxes and waste receptacles. Are there alternatives if the sidewalk is too narrow? Can alternatives be written into the ordiance so that we would not be restricted to distributing our newspaper in only certain areas of the city? 2. We also believe there'is a constitutional issue that arises when an ordiance makes the peaceful enjoyment of freedoms guaranteed by the Constitution, including freedom of press . . . conditioned upon the uncontrolled will of an official. As section, 15 (c) states "the decision of the City Manager shall be final." This is surely a statement, if, enforced, we would find actionable. In conclusion, we are still not sure you need a restrictive set of guidelines and rules to accomplish your desire to make the streets of Dublin safe and aesthetically acceptable. Your consideration of these issues would be in the best interest of any newspapers serving Dublin. \~ ~~., Blaine e so Circulation Manager ~. :~~ '!2 .,\, j' ~'" ~;: i( :3 .....~ ~~--"'''''''''~ Weeklies: Bremwood News. Concord Transcript. Contra Costa Sun (Lafayette. ~Ioraga. Orlnda) Folsom Te'egraph . News Heraid (Santa Rosa) .Orangevale News Affiliated Weeklies: Bodega Bay Signal. Healdsburg Tnbune . Sebastopol Times & News Windsor Times Shoppers: Buyers Guide In Contra Costa. Alameda. Solano. Napa and Sonoma Counlies Direct Mail: Ad-Mad Dailies: Contra Costa Times ¡Walnut Creek) . West County Times ¡Richmond.Pinole) Valley Times (P!easanton) . San Ramon Valley Times (Danvlile) Affiliated Dailies: Daily ledger (A.nlioc1). Pitts burg PoSt Dispatch RosE"liìJe Press-T"bune Magazine: Sonoma Bus<fless Commercial Printing: H.alcsburg P"ntlng Company