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ORDINANCE NO. NS-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMl3NDING TITLE 11 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION
OF CHAPTER 11.36 ESTABLISHING LOCATIONS AND STANDARDS FOR NEWSRACKS ON PUBLIC RIGHTS OF WAY.
The City Council of the City of Carlsbad does ordai
follows:
SECTION I: That Title 11 is amended by the additic
Chapter 11.36 to read as follows:
"Chapter 11.36
LOCATIONS AND STANDARDS FOR NEWSRACKS
ON PUBLIC RIGHTS-OF-WAY
Sections:
11.36.010 Purpose and intent.
11.36.020 Definitions.
11.36.030 Prohibition
11.36.040 Standards for newsracks.
11.36.050 Location of newsracks.
11.36.060 Applicability in residential zones.
11.36.070 Enforcement
11.36.080 Appeal.
11.36.090 Other violations.
11.36.100 Public nuisance.
11.36.110 Abandonment.
11.36.120 Violation.
11.36.130 Constitutionality.
11.36.010 PurDose and intent. The City Council of the City of Carlsbad finds and declares that: (a) The uncontrolled placement of newsracks in pub rights of way presents an inconvenience and danger to the saft and welfare of persons using such rights of way, including pedestrians, persons entering and leaving vehicles and buildi: and persons performing essential utility, traffic control and
emergency services. (b) Newsracks located so as to cause an inconvenie: or danger to persons using public rights of way, and unsightl: newsracks located therein, constitute public nuisances.
detracts from the appearance of streets, sidewalks, and adjacl
businesses. (d) The uncontrolled placement of newsracks inhibi,
safe entry and departure of vehicles.
(c) The uncontrolled proliferation of newsracks
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(e) The uncontrolled placement of newsracks impail
the vision and distracts the attention of motorists and
pedestrians, particularly small children and may cause injur] the person or property of such persons.
(f) The placement of newsracks without a permit b;
on detailed findings in public rights of way adjacent to
residential areas, detracts from and reduces neighborhood
aesthetics and increases the exposure of residents to noise, traffic volume and hazards and congestion.
contained and enacted are in pursuance of and for the purpose
securing and promoting the public safety and general welfare
persons in the City of Carlsbad in their use of public rights
way.
(9) The provisions and prohibitions hereinafter
11.36.020 Definitions. Whenever the following words and phrases are used i this division, they shall have the meaning ascribed to them i
this section:
(a) vvDistributerlv shall mean the person responsibl
for placing and maintaining a newsrack in a public right of w
(b) lvNewsracklv shall mean any self-service or coin
operated box, container, storage unit, or other dispenser
installed, used or maintained for the display, sale or
distribution of publications.
(c) vvParkwayvv shall mean the area between the side and curb of a roadway, and where there is no sidewalk, that a
between the edge of the traveled roadway and the edge of a pu: right of way. vvParkwayvv also includes any area within a road
that is not open to vehicular travel. (d) IvPublic Right of Waytv shall mean any place of I
nature which is dedicated to use by the public for pedestrian
vehicular travel, and includes, but is not limited to, a stre'
sidewalk, curb, gutter, crossing, intersection, parkway, high alley, lane, mall, court, way, avenue, boulevard, road, roadw viaduct, subway, tunnel, bridge, thoroughfare, park, square,
any other similar public way.
of way that is designated and used primarily for vehicular
travel.
of way that is designated and ordinarily used for pedestrian
travel.
(e) lvRoadwaylv shall mean that part of a public rig'
(f) vvSidewalk" shall mean that part of a public ric
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11.36.030 Prohibition. No person shall knowingly place, install, use or maintain any newsrack which rests in whole or in part upon, i! 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 except compliance with the provisions of this chapter.
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or on any portion of a public right of way or which projects 27
11.36.040 Standards for newsracks. Any newsrack which rests in whole or in part upon, :
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onto, into, or over any part of a public right of way shall ’ comply with the standards set forth in this section:
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dealing with the name of the publication contained within the 3 (b) No advertising signs or material, other than t
inches in width, or 20 inches in thickness. 2 (a) No newsrack shall exceed 40 inches in height,
cncb peeling and cracked paint in the visible painted areas thereo f? ’’ l3
(1) It is reasonably free of dirt and grease: am
newsrack shall be serviced and maintained so that:
clean conditions and in good repair at all times. Specifical (e) Each newsrack shall be maintained in a neat an1 give the notices provided for in this chapter. the event of a malfunction of the coin-return mechanism, or t 9 service to call to report a malfunction, or to secure a refun distributor and the telephone number of a working telephone 8 newsrack a notice setting forth the name and address of the
readily visible place so as to be seen by anyone using the 7 (d) Each newsrack shall have affixed to it in a
maintained in good working order. 6 publication paid for. The coin-return mechanisms shall be
immediate refund in the event he is unable to receive the 5 mechanism to permit a person using the machine to secure an
(c) Each newsrack shall be equipped with a coin-re
newsrack, shall be displayed on the outside of the newsrack.
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but without limiting the generality of the foregoing, each
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(2) It is reasonably free of chipped ,faded,
(3) It is reasonably free of rust and corrosil 0;;g
(4) The clear plastic or glass parts thereof, QI-ga:
in the visible unpainted metal areas thereof; OOQQ l4 Z>*Z : 7 n QJ g l5
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any, through which the publications therein are viewed are
discoloration; g 2054, E E a l6
unbroken and reasonably free of cracks, dents, blemishes and >mu
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5$82 (5) The paper or cardboard parts or inserts
>2% l7 thereof are reasonably free of tears, peeling or fading; and 60 (6) The structural parts thereof are not brokc l8 or unduly misshapen.
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mount shall be painted gloss black and all newsracks on a tral 19- (f) Newsracks shall have wood grain panels and the
shall be the same type. (4) Newsracks lawfully in existence on June 1, 1985 shall be allowed to remain at the same location, provided the1 21 are not determined to be a public nuisance or dangerous to thc public safety or general welfare, for a period of one year 22 following adoption of this ordinance. In order to benefit frc this subsection, a distributor must report the number and 23 location of all newsracks existing on June 1, 1989 to the Engineering Department within 60 days of the effective date of 24 this ordinance which shall compile an inventory of such existi
newsracks. Such inventory list shall be conclusive as to the 25 location and existence of such newsracks. Thereafter, all SUC
newsracks shall be required to comply with all provisions of t 26 chapter.
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11.36.050 Location of newsracks. Any newsrack which rests in whole or in part upon, 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 k located in accordance with the provisions of this section: (a) No newsrack shall be located in whole or in ps in any roadway. (b) Newsracks shall be located at the rear of the
sidewalk farthest from the street or roadway curb (or, if the
be no curb, the edge of the roadway) or the wall of a buildir Newsracks located near the curb shall be located no less thar
inches nor more than 24 inches from the roadway edge of the c Newsracks located adjacent to a building shall be located
parallel to and not more than 6 inches from the wall thereof.
newsrack shall be located directly in front of any display wi
of any building abutting a sidewalk or parkway except near th
curb. No newsrack shall be located on the sidewalk or parkwa directly opposite a newsstand or another newsrack. (c) No newsrack shall be chained, bolted, or other attached to any fixture located in the public right of way, except to other newsracks.
provided that no group of newsracks shall extend for a distan of more than ten feet. (e) No newsrack shall be placed, installed, used o maintained:
(1) Within a 25 foot sight triangle created b measuring along the curb beginning at the curb return to form triangle free of any obstructions in excess of 30" height in accordance with City of Carlsbad Engineering Standard Design Criteria for sight distance for streets.
(2) Within five feet of any fire hydrant, fir call box, police call box or other emergency facility.
(3) Within five feet of the outer end of any I
bench.
(4) Within three feet ahead or fifteen feet tc
the rear of any sign marking a designated bus stop.
(5) Within three feet of the outer end of any
bench.
(6) At any location whereby the clear space 0:
the passageway of pedestrians is reduced to less than six fee-
(7) Within three feet of or on any public are?
improved with lawn, flowers, shrubs, trees or other landscapir
(8) Within 500 feet of any other three newsrac
whether or not containing the same issue or edition of the sar
publication.
pursuant to the provisions of California Vehicle Code Section
21458.
(d) Newsracks may be placed next to each other,
(9) Within five feet of a curb painted blue,
(10) Within 500 feet of a school site.
The provisions contained in subsection (e) of this
section shall not apply if compliance with the provisions woul
prohibit the placement of newsracks for a distance of 1,000 fc on the same side of the street in the same block.
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11.36.060 Amlicabilitv in residential zones. Notwithstanding any other provision of this chapter newsracks shall be permitted in the public right-of-way of a public street adjoining land zoned for residential use only i the street is a prime or major arterial as shown in the Circulation Element of the General Plan. If no prime or majo arterial is located within one half mile of a residential neighborhood, distributor may petition the City Engineer for
right-of-way permit.
11.36.070 Enforcement. Upon a determination by the City Engineer that a newsrack has been installed, used or maintained in violation any of the provisions of this Chapter, he shall cause an orde be issued to the distributor to correct the offending conditi The order shall be telephoned to the distributor and confirme mailing a copy of the order by certified mail, return receipt requested to the distributor at the address shown on the noti required by Section 11.36.040. The order shall specifically describe the offending condition and specify actions necessar correct it. If the distributor fails to correct properly the offending condition within three days (excluding Saturdays, Sundays and legal holidays) after receipt of the order, or fi: and appeal as permitted under Section 11.36.090 the City Engii
shall cause the offending newsrack to be summarily removed anc
processed as unclaimed property under applicable provisions 0:
law relating thereto. If the distributor of the offending
newsrack cannot be identified, the newsrack shall be removed
immediately and processed as unclaimed property under applical
provision of law. The foregoing provisions are not exclusive and are in addition to any other penalty or remedy provided b: law.
11.36.080 Appeal.
Any person or entity aggrieved by a finding,
determination, notice, order or action taken under the provisi
of this chapter may appeal and shall be advised of his or her
right to appeal to the City Manager. An appeal must be perfec
within three working days after receipt of the notice of any
decision or action by filing with the City Engineer a letter (
appeal briefly stating therein the basis for such appeal. Tht
hearing shall be held on a date no more than ten days after
receipt of the letter of appeal. Appellant shall be given at
least five days notice of the time and place of the hearing.
City Manager shall give the appellant and any other interestec
party the reasonable opportunity to be heard, in order to shok
cause why the determination of the City Engineer should not bc
upheld. Within five days of the hearing the City Manager shal
make a written decision. His decision may be appealed to the
City Council by filing a written notice of appeal with the Cit
Clerk within ten calendar days of the date of the decision of
City Manager. Fees for filing an appeal shall be set by
resolution of the City Council.
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11.36.090 Other violations. In the case of minor violations of this chapter the can be corrected on the spot, any City employee, as an alternative to removal of the newsrack, is authorized to corr the violation summarily.
11.36.100 Public nuisance. Any newsrack, or any publication offered for sale o
distribution, in violation of this chapter shall constitute a
public nuisance, and may be abated in accordance with applica
provisions of law.
11.36.110 Abandonment. In the event a newsrack remains empty for a period
30 continuous days, the same shall be deemed abandoned, and m
be treated in the manner as provided in Section 11.36.080 for
newsracks in violation of the provisions of this chapter.
11.36.120 Violations. Any person or corporation who violates any of the provisions of this chapter is guilty of an infraction except the fourth or each additional violation of a provision within
year which shall be a misdemeanor. Penalties for a violation
this chapter shall be as designated in Section 1.08.010.
11.36.130 Constitutionality.
If any section, subsection, sentence, clause, phrasc
part of this division is for any reason held to be invalid or
unconstitutional by the final decision of any court of competc jurisdiction, such decision shall not affect the validity of . remaining parts of this chapter. The City Council hereby
declares that it would have adopted this division and each
section subsection, sentence, clause, phrase or part thereof
irrespective of the fact that any one or more sections, subsections, clauses, phrases, or parts be declared invalid 01 unconstitutional. )I
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certi
to the adoption of this ordinance and cause it to be publishec
least once in the Carlsbad Journal within fifteen days after j
adoption.
INTRODUCED AND FIRST READ at a regular meeting of tk
Carlsbad City Council on the 19th day of December
1989, and thereafter
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PASSED AND ADOPTED at a regular meeting of the Cit]
Council of the City of Carlsbad on the 2nd day of January
1990, by the following vote, to wit:
AYES: Council Members Lewis, Larson and Pettine
NOES: Fbne
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ABSENT : None
ABSTAIN: Council Members Kulchin and Mamaux APPROVED AS TO FORM AND LEGALITY
ATTEST:
LibeZkL 4. Qk
ALETHA L. RAUTENKRANZ, City Chrk
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