HomeMy WebLinkAbout1995-10-10; City Council; 13350; MODIFICATIONS TO CARLSBAD MUNICIPAL CODE CHAPTER 11.36 LOCATIONS AND STANDARDS FOR NEWSRACKS ON PUBLIC RIGHT-OF-WAY AND TO CHAPTER 5.04 AND 5.08 BUSINESS LICENSE REGULATIONSa 0 a -3 c-4
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NEWSRACKS ON PUBLIC RIGHT-OF-WAY AND TO
CHAPTER 5.04 AND 5.08 BUSINESS LICENSE
REG U LATlO NS
In many cases, the current newsrack standards do not fit the scale of Carlsbad’s sidew
Currently there is also no spacing requirement between groups or clusters of newsracks
The current newsrack size standards do not allow for the more modern newsracks i
when a 50 inch high rack is allowable.
This ordinance will also introduce a new license requirement for distributors. Each disti
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Page 2 of Agenda Bill No. /
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FISCAL IMPACT:
There are no direct costs incurred by the City in adopting this ordinance into the Municii
There are no new fees or costs to the public. Each distributor will be required to sect
business license. The cost of the license will range from approximately $30 to $60.
license is required for each distributor, notwithstanding the number of racks they maintz
EXHIBITS:
1. Ordinance No. .&“5 - -92.3
2. Ordinance No. .dS-- 3-A9
3. Newsrack Business License
4. Business License Application
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ORDINANCE NO. NS-323
AN 0RDINANCE':OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.36, BY THE AMENDMEN7
OF SECTIONS 11.316.020, 11.36.030, 11.36.040, 11.36.050, 11.36.060 ANC 11.36.080 OF THE CARLSBAD MUNICIPAL CODE "LOCATIONS ANC STANDARDS FOR NEWSRACKS ON PUBLIC RIGHTS-OF-WAY".
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1 : That Title 1 1, Chapter 1 1.36 of the Carlsbad Municipal Code is ar
by the repeal of Subsection 11.36.020(d) and the succeeding subsections are relet
alphabetical order.
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SECTION 2: That Title 1 1, Chapter 1 1.36 of the Carlsbad Municipal Code is a
by the addition of Subsections 11.36.0;0(h) and (i) to read as follows:
"1 1.36.020 Definitions. (h) 'Cluster' shall mean a group of n,ewsracks placed side-by-side so as to appc
in a continuous row.
(i) For the purposes of this section;, the terms 'harmful matter', 'matter', ' 'distribute', 'knowingly', 'exhi bit', and 'minor,' shall have the meanings specified in 31 3.1 of the California Penal Code. For the ph,rposes of this Chapter, the term 'blinc shall mean an opaque material placed in front\of, or inside a newsrack or on a ne
which prevents exposure of matter to public vie .I'
SECTION 3: That Title 1 1, Chapter 1 1.36 of the Carlsbad Municipal Code is i
by the repeal of existing Section 11.36.030 to be replaced in its entirety as follows:
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"1 1.36.030 Prohibition. Newsracks are prohibited on property owned by the City or by the public ex
newsracks may be installed, placed and maintained on a public right-of-way subje
issuance of a business license pursuant to this chapter. Each distributor must obtain a
license as provided in Carlsbad Municipal Code Chapters 5.04 and 5.08, and at i execute a hold harmless agreement in favor of the City of Carlsbad and show
insurance as specified in this chapter, naming the City of Carlsbad as an additional
(a) This ordinance shall have a delayed operative date of January Newsracks lawfully in existence upon enactment of the provisions contained herein
allowed to remain at their location in their condition until January 1 I 1996, at which i must be brought into conformance with this chapter and distributors must have a
license."
SECTION 4: That Title 1 1, Chapter 1 1.36 of the Carlsbad Municipal Code is
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 height, twenty-seven (27) width, or twenty-four (24) inches in depth.
(c) Each newsrack shall be equipped with a coin-return mechanism to permii
using the machine to secure an immediate refund in the event he is unable to re
publication paid for, unless the publication is provided free of charge."
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(f) Newsracks shall be of unobtrusive neutral colors of gray, black, or brown t
in with the streetscape. Lettering may be black and/or white. However, the botton
inches of the newsrack door may be of other colors that may be identified VI pu bl ication .I'
SECTION 5: That Title 1 1, Chapter 1 1.36 of the Carlsbad Municipal Code is ai
by the repeal of Subsection 1 1.36.040(g).
SECTION 6: That Title 1 1, Chapter 1 1.36 of the Carlsbad Municipal Code is ai
by the amendment of Subsections 11.36.050(b), (c), (d), (e)(l), (e)(6), (e)(7), (e)(8), anc
to read as follows:
"(b) Newsracks may be located near a curb (or if there is no curb, the edg roadway) or to the rear of a sidewalk, farthest from the street or roadway. Newsracks
near a curb shall be placed not less than eighteen (18) inches nor more than twenty-1 inches from the edge of the curb. Newsracks placed adjacent to the rear of the sidew
be placed parallel to any wall and at least six (6) inches from the wall. No newsrack
located directly in front of any display window of any commercial building abutting a!
or roadway except near the curb without written permission of the owner of the bu
(c) Newsrack mounts shall be bolted in place in accordance with spec; provided by the City. (d) Newsracks may be placed next to each other, provided that no cluster of nc
shall extend for a distance of more than ten (10) feet.
(e) No newsrack shall be placed, installed, used or maintained: (1) Within twenty-five (25) feet of a curb return or driveway approact
case shall a newsrack impair the sight distance of a vehicle or pedestrian proceeding
ingressing or egressing the public right-of-way, as may be determined by the City Ei
(e)(6) At any location whereby the clear space of the passageway of pede
reduced to less than three (3) feet six inches; in the case of sidewalks that are ten wide, the placement of the newsrack shall allow for a pedestrian passageway of not
six (6) feet in width.
(e)(7) Within three (3) feet of or on any publicly maintained property impro
lawn, flowers, shrubs, trees or other landscaping.
(e)(8) Within twenty (20) feet of any other cluster of newsracks whethe
containing the same publication. (e)(l 0) Where placement unreasonably obstructs, interferes with, or impedes
or use of abutting property, including but not limited to, residences, places of bu!
legally parked or stopped vehicles."
SECTION 7: That Title 11, Chapter 11.36 of the Carlsbad Municipal Code is (
by the amendment of Section 11.36.060 to read as follows:
!!I 1.36.060 Amlicabilitv in residential zones. Newsracks shall not be located on any street identified in the Circulation Elem City General Plan as a local or collector street within any area of the City zoned f
family residential uses. If no prime or major arterial is located within one-half residential neighborhood, the distributor may petition the city engineer for a permi
SECTION 8: That Title 1 1, Chapter 1 1.36 of the Carlsbad Municipal Code is
by the addition of Section 11.36.061 to be read as follows:
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"Section 11.36.061 Hold Harmless Agreement Each business license issued p
to this Chapter shall be subject to a requirement that the licensee agree to defend, in(
and hold harmless the City and its officers and employees from any claim, damage, or
arising from the placement or location of the newsrack or its operation."
SECTION 9: That Title 1 1, Chapter 1 1.36 of the Carlsbad Municipal Code is ar
by the addition of Section of 11.36.062 to read as follows:
"1 1.36.062 Insurance Requirement No person, association, firm or corporati' place, locate or maintain a newsrack on public rights-of-way unless there is on file \
City Finance Department, in full force and effect at all times, a document issued by
rated insurance company authorized to do business in the State of California evidenc
the licensee is insured under a liability insurance policy providing minimum cow
$500,000 for each person who suffers injury or death arising out of the location, pl,
or operation of the licensee's equipment. A separate certificate is not required 1
newsrack so long as the certificate evidences coverage for all newsracks placed, loa
maintained by the person, association, firm or corporation involved."
SECTION 10: That Title 1 1, Chapter 11.36 of the Carlsbad Municipal Code is a
by the amendment of Section 11.36.080 to read as follows:
" 11.36.080 Enforcement
Any newsrack which has not obtained a business license in accordance L
Chapter upon initial application or renewal, shall be deemed nonconforming.
determination by the city engineer that a newsrack has been installed, used or maint
violation of any of the provisions of this chapter, he shall cause an order to be issue
distributor to correct the offending condition. The order shall be telephoned to the di
and confirmed by mailing a copy of the order by certified mail, return receipt request distributor at the address shown on the notice required by Section 11.36.040. The or
specifically describe the offending condition and specify actions necessary to correct
distributor fails to correct properly the offending condition within three days (e
Saturdays, Sundays and other legal holidays) after receipt of the order, or file an a
permitted under Section 11.36.090, the city engineer shall cause the offending newsri
summarily removed and processed as unclaimed property under applicable provisioi
relating thereto. If the distributor of the offending newsrack cannot be identified, the r
shall be removed immediately and processed as unclaimed property under applicable 1
or remedy provided by law."
of law. The foregoing provisions are not exclusive, and are in addition to any othe
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adop.
the City Clerk shall certify to the adoption of this ordinance and cause it to be pub
least once in the Carlsbad Sun within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Coi
on the day of , 1995 and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held on thc
day of , 1995, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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ORDINANCENO. NS - 334
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAC CALIFORNIA, A~ENDINC TITLE 5, CHAPTER 5.04, BY THE AMENDMENT o
MACHINES AND NE~SRACKS.
SECTIONS 5.04,020 AND 5.04.060 AND CHAPTER 5.08, BY TH
AMENDMENT OF 9ECTION 5.08.010 OF THE CARLSBAD MUNICIPAL COD REGARDING BUSINESS LICENSE REGULATIONS FOR COIN OPERATE1
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1 : That Title 5, Chapter 5.04 of the Carlsbad Municipal Code is ame
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the amendment of the second paragpaph of Section 5.04.020 to read as follows:
"Applications on forms pfescribed by the license collector shall be filc
annually by each licensee before t$e issuance of a license. Any person intendir
to engage in the business of ownin'g, renting, leasing, operating, maintaining 4 servicing vending machines or nehsracks shall include with the application
list of the number, type and location'\of such machines."
SECTION 2: That Title 5, Chapter 5.04 of the Carlsbad Municipal Code is am(
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the amendment of the first sentence of Section 5.04.060 to read as follows:
"A separate license must be obtained for each branch establishment 1
separate place of business in which the business licensed is commenced I
conducted within the city, except that in the case of vending machines ar newsracks only one license per ownerloperator need be obtained."
SECTION 3: That Title 5, Chapter 5.08 of the Carlsbad Municipal Code is am
adding "Newsracks" to the classification list in subsection 5.08.01 O(c).
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adop
the City Clerk shall certify to the adoption of this ordinance and cause it to be put
least once in the Carlsbad Sun within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Coun
on the day of , 1995 and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held on thc
day of , 1995, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
2
EXHIBIT 3 0 e
NEWSRACK BUSINESS LICENSE
I. INDEMNIFICATION CMC §11.36.061
Licensee hereby agrees to defend, indemnify and hold harmle
the City and its officers and employees from all claims, loss, damage,
injury and liability of every kind, nature and description, directly o
indirectly arising from or in connection with the placement, location
operation of newsracks.
By acceptance of this business license, the licensee agrees
the City, its agents, officers, and employees, shall not be held liabl
any claims, liabilities, or any damage to any goods, properties, or
effects, or any personal injuries to or death of any person, whether c
by or resulting from any acts or omission of the licensee, or his or h
agents, employees or representatives, or by dangerous or defective
conditions of the personal property of licensee, or in any way caused
the placement, location or operation of a newsrack pursuant to this
business license.
Licensee further agrees that upon written request by the Cit
licensee shall defend any such suit or action brought against the City
officers, agents or employees and pay all costs, expenses, attorney fe
and liability incurred by the City, its officers, agents or employees,
defending against such claims, whether the same proceed to judgment or
11. INSURANCE CMC 511.36.062
Licensee certifies that licensee has obtained a comprehensiv
liability insurance policy issued by an insurance company authorized t
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business in the State of California with a current Best's Key Rating o
less than A-:V, providing minimum coverage of $500,000 for each person
suffers injury or death arising out of the location, placement, condit
or operation of the newsrack equipment, with the City of Carlsbad name
an additional insured. Licensee certifies that the Finance Department
the City of Carlsbad has been provided with a certificate of insurance
with original endorsements, showing proof of said coverage, and that t
policy will be maintained by licensee in full force and effect for the
of the business license.
DATE : LICENSEE(S):
BY:
TITLE:
BY:
TITLE :
1 ) :ss
)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me, , nota public, personally appeared personally known to me or proved t
on the basis of satisfactory evidence to be the person(s) whose name(s is/are subscribed to the within instrument and acknowledged to me tha
he/she/they executed the same in his/her/their authorized capacity( ies and that by his/her/their signature(s) on the instrument the person(s) the entity upon behalf of which the person(s) acted, executed the
instrument.
witness my hand and official seal.
SIGNATURE OF NOTARY
w (TITLE) (TITLE)
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9 (ADDRESS) (ADDRESS)
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(CITYETATE) (ZIP) (CITYKTATE) (ZIP)
t 4 (PHONE) (PHONE)
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(TITLE)
(NAME)
(ADDRESS)
(CITYISTATE)
(PHONE)
(ZI
w t z GROSS RECEIPTS LICENSE
GROSS RECEIPTS
TAX RATE (per each $1 000)
SUB TOTAL
BASE FEE + $25 00
x
SUBTOTAL
PENALTY (25% + 1 Yo per
day not to exceed 50%)
TOTAL
FLAT FEE LICENSE
AMOUNT
ADDITIONAL TRUCKS @ 3/51 EA
PENALTY (25% + 1 Yo per
day not to exceed 50%)
TOTAL
DAY CARUhiURSERY DELICATESSEN
E%T€RTAINMENT/SHOWS - EQVIPMENT/MACHINE LEASE 8 SALES EXERCISWEALT- SFA
FLIGHT INSTRUCTOWSCHOOC .
FLOOR COVERINGS GREETIYG CARDS
UFACTURERS REP
MUSlC STSRWSUDPIIE
Q’WINTENANCE SERV!C
ZI”F~ND:SECURIN
B = 55e PER THOUSAN@
SUPPLIES SWiUMIF.IG POOL SEFVlCE
TELEk’,IPPKETING
TCU STOFLE TC;4V‘L AGENCY \/AR!ETV CONVENIEKCE STOP VdEE3 ABATEMEW
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CHIROPPACTOR COMPLmR CONSULTANT ”NSL‘L7AN’ :,vsc
a Business Namep@!! a
Business Address *
APPLICATION FOR BUSINESS LICENSE
SUPPLEMENTAL FORM
This Business License Application does not authorize you to conduct business. You will be notified by the Fi
Department when your application is approved and you will be furnished a Business License Number at tha
1. If this is a Home-Based Business, please complete a Home-Based Busines Form, which can be ac from the Business License Clerk.
2. Check the Redevelopment Map on the wall. If you intend to operate a business within this area, yoi need a Redevelopment Permit. Please see a Planner at the Development Processing Counter or call Rede
ment at 434-281 1.
If you are planning to change or install a sign for your business, Contact Development Processing Se at 438-1161.
What is the total square footage that your business occupies?
Will this business involve any of the following?
Wood Working? Hazardous Processes?
Warehouse? Flammable Liquids?
Painting?
3.
4.
5.
6. Type of Business: Wholesale Retail Consign men t Service __
7.
8.
9.
Previous Use of site (Please be specific)
Number of Employees (Include Self)
Will there be sale of alcoholic beverages
If Yes: On Sale Off Sale
Beerwine Liquor
10. LandlordlProperty Owner:
(Commercial Locations Only)
Address
OFFICE USE ONLY
Approved Denied Date BY
Comments
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WHITE: Finance GREEN: Planning CANARY: Redevelopment PINK: Building (
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