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Home My WebLink About1995-11-21; City Council; NS-323; CMC 11.36 amends - Public ROW newracks locations & standards...e 0 00, I?> 5UU ulug 304s &"g OZ-I? C6%0 F:? 525 SluZ 223 >JZ 2;s: 0OlL zwcn 404 - 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.36, BY THE AMENDMENT OF SECTIONS 11.36.020, 11.36.030, 11.36.040, 11.36.050, 11.36.060 AND 11.36.080 OF THE CARLSBAD MUNICIPAL CODE "LOCATIONS AND STANDARDS FOR NEWSRACKS ON PUBLIC RIGHTS-OF-WAY". The City Council of the City of Carlsbad, California dc ordain as follows: SECTION 1: That Title 11, Chapter 11.36 of the Carl& Municipal Code is amended by the repeal of Subsection 11.36.020(d) and the succeeding subsections are relettered alphabetical order. SECTION 2: That Title 11, Chapter 11.36 of the Carlsb Municipal Code is amended by the addition of Subsections 11.36.020 (h) and (i) to' read as follows: v111.36.020 Definitions. (h) 'Cluster' shall mean a group of newsracks placed by-side so as to appear to be in a continuous row. (i) For the purposes of this section, the terms 'harm matter', 'matter', 'person', 'distribute', 'knowingly', 'exhibit', and 'minor' shall have the meanings specified in Section 313.1 of the California Penal Code. For the purpos this Chapter, the term 'blinder rack' shall mean an opaque material placed in front of, or inside a newsrack or on a newsstand which prevents exposure of matter to public view. SECTION 3: That Title 11, Chapter 11.36 of the Carlsb Municipal Code is amended by the repeal of existing Section 11.36.030 to be replaced in its entirety as follows: 1111.36.030 Prohibition. Newsracks are prohibited on property owned by the City the public except that newsracks may be installed, placed a maintained on a public right-of-way subject to the issuance business license pursuant to this chapter. Each distributc obtain a business license as provided in Carlsbad Municipal Chapters 5.04 and 5.08, and at that time execute a hold har agreement in favor of the City of Carlsbad and show proof c insurance as specified in this chapter, naming the City of Carlsbad as an additional insured. (a) This ordinance shall have a delayed operatix of January 1, 1996. Newsracks lawfully in existence upon enactment of the provisions contained herein shall be allov II 0 0 1 2 3 4 5 6 7 8 9 10 11 12 om y2 KK& 13 jU, ow2 &u$ $055 14 k->g $42 2;sz i=2? 608 "DL 15 ZLUrno oZ1 - 16 "=%a 0 601 p?j - 17 0 18 19 20 21 22 23 24 25 26 27 28 remain at their location in their condition until January 1, 1996, at which time they must be brought into conformance w: this chapter and distributors must have a business license.' SECTION 4: That Title 11, Chapter 11.36 of the Carlsb; Municipal Code is amended by the amendment of Subsections 11.36.040(a), (c), and (f) to read as follows: !!(a) No newsrack shall exceed fifty (50) inches in he twenty-seven (27) inches in width, or twenty-four (24) inch1 depth. (c) Each newsrack shall be equipped with a coin-retur: mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for, unless the publication is provided fr, charge. gray, black, or brown to blend in with the streetscape. Lettering may be black and/or white. However, the bottom s inches of the newsrack door may be of other colors that may identified with the publication." (f) Newsracks shall be of unobtrusive neutral colors SECTION 5: That Title 11, Chapter 11.36 of the Carlsb Municipal Code is amended by the repeal of Subsection 11.36.040(g). SECTION 6: That Title 11, Chapter 11.36 of the Carlsh Municipal Code is amended by the amendment of Subsections 11.36.050 (b) , (c) , (d) , (e) (1) , (e) (6) , (e) (7) , and (e) (8) , by the addition of (e) (11) to read as follows: I! (b) Newsracks may be located near a curb (or if the1 no curb, the edge of the roadway) or to the rear of a sidea farthest from the street or roadway. Newsracks located ne2 curb shall be placed not less than eighteen (18) inches nor than twenty-four (24) inches from the edge of the curb. Newsracks placed adjacent to the rear of the sidewalk shall placed parallel to any wall and at least six (6) inches frc wall. No newsrack shall be located directly in front of ar display window of any commercial building abutting a sidewz roadway except near the curb without written permission of owner of the business. (c) Newsrack mounts shall be bolted in place in ~CCOI with specifications provided by the City. (d) Newsracks may be placed next to each other, prov: that no cluster of newsracks shall extend for a distance oj than ten (10) feet. 2 0 0 om m> &us &E& oug 3U, a06Q 608 zggg F:3 0 9 02" st;$+ OZ-IO mm5o c25 60J i30 1 2 3 4 5 6 7 a 9 10 11 (e) No newsrack shall be placed, installed, used or maintained: driveway approach. In no case shall a newsrack impair the distance of a vehicle or pedestrian proceeding along, or ingressing or egressing the public right-of-way, as may be determined by the City Engineer. passageway of pedestrians is reduced to less than five (5) in the case of sidewalks that are ten (10) feet wide, the placement of the newsrack shall allow for a pedestrian pass of not less than six (6) feet in width. maintained property improved with lawn, flowers, shrubs, tr other landscaping. (8) Within twenty (20) feet of any other cluster newsracks whether or not containing the same publication. (11) Where placement unreasonably obstructs, interferes with, or impedes access to or use of abutting property, including but not limited to, residences, places business, or legally parked or stopped vehicles.I1 (1) Within twenty-five (25) feet of a curb retur (6) At any location whereby the clear space of t (7) Within three (3) feet of or on any publicly 12 SECTION 7: That Title 11, Chapter 11.36 of the Carlsk 13 1111.36.060 Applicability in residential zones. 15 to read as follows: 14 Municipal Code is amended by the amendment of Section 11.36 Newsracks shall not be located on any street identifie 16 the Circulation Element of the City General Plan as a local collector street within any area of the City zoned for sins 17 family residential uses. If no prime or major arterial is located within one-half mile of a residential neighborhood, 18 distributor may petition the City Engineer for a permit." 19 SECTION 8: That Title 11, Chapter 11.36 of the Carlsl: 20 Municipal Code is amended by the addition of Section 11.36. 21 I1 read as follows: 22 23 24 25 26 "Section 11.36.061 Hold Harmless Aqreement Each busj license issued pursuant to this Chapter shall be subject tc requirement that the licensee agree to defend, indemnify ar harmless the City and its officers and employees from any c damage, or liability arising from the placement or locatio1 the newsrack or its operation." SECTION 9: That Title 11, Chapter 11.36 of the Carlsl: 27 II Municipal Code is amended by the addition of Section of 11 28 to read as follows: 3 1 2 3 4 5 6 7 8 9 10 11 12 Sm mu? aog 3UO oug d->K 222 J oyaS 15 2::; 16 (I)> &E& 13 $055 14 p-32 002 LOCI3 GO Q0-l 22% 17 18 19 20 21 22 23 24 25 26 27 28 0 0 1t11.36.062 Insurance Requirement No person, association, firm or corporation shall ple locate or maintain a newsrack on public rights-of-way unles there is on file with the City Finance Department, in full and effect at all times, a document issued by an A-:V rated insurance company authorized to do business in the State of California evidencing that the licensee is insured under a liability insurance policy providing minimum coverage of $5 for each person who suffers injury or death arising out of location, placement or operation of the licensee's equipmen separate certificate is not required for each newsrack so 1 the certificate evidences coverage for all newsracks placed located or maintained by the person, association, firm or corporation involved.It SECTION 10: That Title 11, Chapter 11.36 of the Carls Municipal Code is amended by the amendment of Section 11.36 to read as follows: 8911.36.080 Enforcement Commencing January 1, 1996, any newsrack which has no obtained a business license in accordance with this chapter initial application or renewal, shall be deemed nonconformi~ Upon a determination by the City Engineer that a newsrack hi been installed, used or maintained in violation of any of tl provisions of this chapter, he shall cause an order to be ir to the distributor to correct the offending condition. The shall be telephoned to the distributor and confirmed by ma. a copy of the order by certified mail, return receipt reque: to the distributor at the address shown on the notice requil Section 11.36.040. The order shall specifically describe tk offending condition and specify actions necessary to correct If the distributor fails to correct properly the offending condition within three (3) days (excluding Saturdays, Sundal other legal holidays) after receipt of the order, or file ar appeal as permitted under Section 11.36.090, the City Enginc shall cause the offending newsrack to be summarily removed z processed as unclaimed property under applicable provisions Paw relating thereto. If the distributor of the offending newsrack cannot be identified, the newsrack shall be remove0 immediately and processed as unclaimed property under applic provision of law. The foregoing provisions are not exclusiv and are in addition to any other penalty or remedy provided law. l8 EFFECTIVE DATE: This ordinance shall be effective thir days after its adoption, and the City Clerk shall certify tk adoption of this ordinance and cause it to be published at I once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. 4 I1 e a 1 2 3 4 5 6 7 8 9 10 11 n m>- awg $z& Q08 uwg $042 &gE 9 OnF I Q- $:$: iU0 Q>rn;i! zwcn 00s aoA Lam 00 p5 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 10th day of OCTOBER 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the City COI of the City of Carlsbad on the 21st day of NOVEMBER , I! by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT : Council Member Nygaard APPROVED AS TO FORM AND LEGALITY L 0. R’0NAr;b R. BALL, City Attorney //. t 2. ‘i $6 XITEST : .-“-->y!$z&&zF ETEW- UTEN Z, City Clerk KILREN K. KUNDT ssistant City Clerk 5 II