HomeMy WebLinkAbout1995-11-14; City Council; 13398; 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 REGULATIONSAB# /.-(.J$iS TITLE: MODIFICATIONS TO CARLSBAD MUNICIPAL CODE .. - CHAPTER 11.36 LOCATIONS AND STANDARDS FOR
CHAPTER 5.04 AND 5.08 BUSINESS LICENSE
NEWSRACKS ON PUBLIC RIGHT-OF-WAY AND TO -r c: MTG. li -/'/ P -9
DEPT. CD REGULATIONS
DEPT. HD.
CITY ATTY.
CITY MGR.
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RECOMMENDED ACTION:
Community Development Staff is recommending that the City Council ADOPT C
No. a-- 322 modifying Chapter 1 1.36, and Ordinance No. Ais- s2v modifying Chat
and 5.08 of the Carlsbad Municipal Code.
ITEM EXPLANATION:
At the October IO, 1995 City Council meeting, the Council recommended some adju
staff's recommendations to modify the existing newsrack ordinance. The Council re(
maintain the existing regulation prohibiting newsracks from within 500 feet of schools. Cc
requested that the minimum clear area in front of a newsrack in the right-of-way be five
staff has made the adjustments to the proposed ordinance. Additionally, Subsection 11
is proposed to be repealed. That section was amortization language to address nonc
newsracks in 1989. There is a new amortization date of January 1, 1996 contained in the
in Section 11.36.030(a).
FISCAL IMPACT:
There are no direct costs incurred by the City in adopting this ordinance into the Munic
There are no new fees or costs to the public. Each distributor will be required to sel
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 main
EXHIBITS:
1. Ordinance No. N3 -223-
2. Ordinance No. Ns-2ak
3. Exhibit "A", Redline version of amendment to Chapter
4. Exhibit "B", Redline version of amendment to Chapters 5.04
5. Exhibit "C", Government Code section 36934.
11.36
and 5.08.
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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 d
ordain as follows:
SECTION 1: That Title 11, Chapter 11.36 of the Carlsk
Municipal Code is amended by the repeal of Subsection
11.36.020(d)
alphabetical order.
and the succeeding subsections are relettered
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:
1111.36.020 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,
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:
or inside a newsrack or on a
"11.36.030 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 distributo
obtain a business license as provided in Carlsbad Municipal
Chapters 5.04 and 5.08, and at that time execute a hold hari
agreement in favor of the City of Carlsbad and show proof o
insurance as specified in this chapter, naming the City of
This ordinance shall have a delayed operativc
of January 1, 1996. Newsracks lawfully in existence upon
enactment of the provisions contained herein shall be allowc
Carlsbad as an additional insured.
(a)
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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
(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."
depth.
(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 Carlsb
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:
Newsracks may be located near a curb (or if ther
no curb, the edge of the roadway) or to the rear of a sidew
farthest from the street or roadway. Newsracks located nea
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 an
display window of any commercial building abutting a sidewa
roadway except near the curb without written permission of
"(b)
owner of the business.
(C) Newsrack mounts shall be bolted in place in accox
with specifications provided by the City.
(d) Newsracks may be placed next to each other, provi
that no cluster of newsracks shall extend for a distance of
than ten (10) feet.
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(e) No newsrack shall be placed, installed, used or maintained:
driveway approach.
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. At any location whereby the clear space of t
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."
(1) Within twenty-five (25) feet of a curb returi
In no case shall a newsrack impair the ,
(6)
(7) Within three (3) feet of or on any publicly
SECTION 7: That Title 11, Chapter 11.36 of the Carlsk
Municipal Code is amended by the amendment of Section 11.36
to read as follows:
"11.36.060 Applicability in residential zones.
Newsracks shall not be located on any street identific the Circulation Element of the City General Plan as a local collector street within any area of the City zoned for sins family residential uses.
located within one-half mile of a residential neighborhood,
distributor may petition the City Engineer for a permit."
If no prime or major arterial is
SECTION 8: That Title 11, Chapter 11.36 of the Carlsk
Municipal Code is amended by the addition of Section 11.36
read as follows:
"Section 11.36.061 Hold Harmless Aqreement Each bus:
license issued pursuant to this Chapter shall be subject t(
requirement that the licensee agree to defend, indemnify ai
harmless the City and its officers and employees from any (
damage, or liability arising from the placement or locatio~
the newsrack or its operation."
SECTION 9: That Title 11, Chapter 11.36 of the Carlsl
Municipal Code is amended by the addition of Section of 11
to read as follows:
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"11.36.062 Insurance Requirement No person, association, firm or corporation shall pla
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
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for each person who suffers injury or death arising out of
location, placement or operation of the licensee's equipmer
separate certificate is not required for each newsrack so 1
the certificate evidences coverage for all newsracks placec
located or maintained by the person, association, firm or corporation involved.'I
SECTION 10: That Title 11, Chapter 11.36 of the Carl:
Municipal Code is amended by the amendment of Section 11.3e
to read as follows:
1111.36,080 Enforcement
Commencing January 1, 1996, any newsrack which has ni
obtained a business license in accordance with this chapte initial application or renewal, shall be deemed nonconform
Upon a determination by the City Engineer that a newsrack :
been installed, used or maintained in violation of any of
provisions of this chapter, he shall cause an order to be
to the distributor to correct the offending condition. Th
shall be telephoned to the distributor and confirmed by m, a copy of the order by certified mail, return receipt requ to the distributor at the address shown on the notice requ Section 11.36.040. The order shall specifically describe offending condition and specify actions necessary to corre If the distributor fails to correct properly the offending
condition within three (3) days (excluding Saturdays, Sund
other legal holidays) after receipt of the order, or file
appeal as permitted under Section 11.36.090, the City Engi
shall cause the offending newsrack to be summarily removed
processed as unclaimed property under applicable provision
law relating thereto. If the distributor of the offending
newsrack cannot be identified, the newsrack shall be remov
immediately and processed as unclaimed property under appl
provision of law. The foregoing provisions are not exclus
and are in addition to any other penalty or remedy provide
law. Is
EFFECTIVE DATE: This ordinance shall be effective th
days after its adoption, and the City Clerk shall certify
adoption of this ordinance and cause it to be published at
once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the
1995, and thereafter
day of
PASSED AND ADOPTED at a regular meeting of the City Co
11 of the City of Carlsbad on the day of
by the following vote, to wit:
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
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ORDINANCE NO. NS-32.4-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.04,
BY TNf!! mENDMENT OF SECTIONS 5.04.020 AND 5.04.060 AND
CHAPTER 5.08, BY THE AMENDMENT OF SECTION 5.08.010 OF
THE CARLSBAD MUNICIPAL CODE REGARDING BUSINESS LICENSE
REGULATIONS FOR COIN OPERATED MACHINES AND NEWSRACKS.
The City Council of the City of Carlsbad, California dc
ordain as follows:
SECTION 1: That Title 5, Chapter 5.04 of the Carlsl
Municipal Code is amended by the amendment of the secc
paragraph of Section 5.04.020 to read as follows:
IIApplications on forms prescribed by the license collector shall be filed annually by each licensee before the issuance of a license. Any person
intending to engage in the business of owning,
renting, leasing, operating, maintaining or servicing
coin operated vending machines or newsracks shall include with the application a list of the number,
type and location of such machines.Il
SECTION 2: That Title 5, Chapter 5.04 of the Carlsbz
Municipal Code is amended by the amendment of the first sentenc
of Section 5.04.060 to read as follows:
"A separate license must be obtained for each branch establishment or separate place of business in
which the business licensed is commenced or conducted within the city, except that in the case of vending machines and newsracks only one license per
owner/operator need be obtained.f8
SECTION 3: That Title 5, Chapter 5.08 of the Carlsbac
Municipal Code is amended by adding IINewsracks" to thl
classification list in subsection 5.08.010 (c) .
EFFECTIVE DATE: This ordinance shall be effectivc
thirty days after its adoption; and the city clerk shall certify
the adoption of this ordinance and cause it to be published at
least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the
1995, and thereafter
day of
PASSED AND ADOPTED at a regular meeting of the C
Council of the City of Carlsbad on the
1995, by the following vote, to wit:
day of
AYES:
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD Re BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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Subsection 11.36.040(fl
Newsracks shall kwe-weee-Ir?n;l~l.rgii bs
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thc ordixH=iez CCdlflCd fr: thls chetf3tCr w-eizc ;n
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parallel to from the wa
business -
Subsection 11.36.050(d)
s may be placed next to each other, provided that no
of newsracks shall extend for a distance of more than
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EXHI B IT I* B "
Section 5.04.020 to read as follows:
There are imposed upon persons engaged in
specified businesses in this title, within the city limi
license taxes in the amounts hereinafter prescribed.
license tax shall be due and payable before the commencement
any new business and delinquent on and after the thirty-fi
day after commencement of a new business. For all previou licensed businesses the license tax shall be due and paya
annually in advance on the first day of the month in which
business was originally established and delinquent on the te
day of the following month. In the event any person fails
pay license tax before it becomes delinquent, his tax shall t
automatically be increased by a penalty of twenty-five perc
of the license tax and thereafter increased one percent per
for each additional delinquent day; provided however, that amount of such automatic increase over the usual tax shall ir event exceed fifty percent of the amount of the usual lice tax due. Nothing contained in this section shall be constr
as permitting the operation of a business which is intended
be operated for only a limited period of time and or nonpermanent basis, such as athletic events, carnivals, et without having first obtained a business license so to do. E such license shall show the number of such license, the per of time covered thereby, the name of the person to whom issu and the location or place where such business is to be comer
or conducted, and upon a detachable portion of such licer
shall also show the number of such license and the amount of
license collector or nay other person in the determinati stating or collection of the amount of any license tax st
prevent or prejudice the collection by or for the city of h
shall be actually due from anyone commencing or conducting
business subject to a license tax, nor shall the issuance of
license under this title authorize the commencing or conduct
of any business in any zone, district or location within
city, contrary to the provisions of any zoning or ot
ordinance of the city.
Applications on forms prescribed by the licc collector shall be filed annually by each licensee before issuance of a license. Any person intending to engage in
business of owning, renting, leasing, operating, . . . . . . . . . . . . . . . . . maintainin! . . . . . . . . . . . . . . . . . . . . . . . . . . . servicing coin operated vending machines
include with the application a list of t
location of such machines. For the purposes if determining the correct tax tc
collected, the license collector may at any time requir
licensee to furnish his books of account and records
inspection and audit and may require the production of 01
documents and information regarding the business as author:
by law. Refusal by a licensee or applicant to furnish 5
fee paid therefor, No error or mistake on the part of
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books of account and records upon request therefor by t
license collector shall automatically revoke any then existi
business license, and shall require the license collector
refuse to issue any further business licenses to the person
refusing. Any and all books of account and records furnish
pursuant hereto, and any and all statements made by a licens for the purpose of obtaining a business license shall
confidential in character and shall not be subject to pub1 inspection or disclosure, except in the proper proceedin
unlawful for any person to cause to be disclosed, except
provided in this title, any of the information required to furnished hereunder to the license collector for purposes
determining the correct tax to be collected.
Section 5.04.060 to read as follows:
before the city council or a competent court or tribunal. It
"'A separate license must be obtained for each branch establishment or separate place of business in which the business licensed is commenced or conducted ithin the cit
rein to commence or conduct only that business described in such license and only at the location or place indicated therein; provided, however, that where a license is herein
imposed on any business the gross receipts or sales of
license fee of such license, a separate license fee
shall be paid for each branch establishment or
separate place of business in which such business is
commenced or conducted, based upon the gross receipts or sales of such branch establishment or separate
place of business. It
'
which are made the basis for fixing the amount of the
Chapter 5.08 of the Carlsbad Municipal Code is amended by addir
81 I? to the classification Pist in subsectic
5.08.010(c).
(Deletions are lined out and revisions are hiqhliqhted.1
I
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9 36933 GOVERNMENT CODE
hcle 2
EXACT,MENT
0 36933. Publication
Cross References
Municipal initiative petition. posting notice of intention according to this section, see Elections Code 9 9205.
§ 36934. Time of passage; reading; urgency ordinances; alterations
Ordinances shall not be passed within five days of their introduction. nor at other than a regular
meeting or at an adjourned regular meeting. However. an urgency ordinance may be passed immediate- ly upon introduction and either at a reguiar or special meeting. Except when. arter reading the title, further reading is waived by regular motion adopted * * * by majoritv vote * * * all ordinances shall be
read in full either at the time of introduction or passage. When ordinances. other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned
regular meeting held at least five days after alteration. Corrections of tj~ographicai or clericai errors are not alterations within the meaning of this section.
(Amended by Stats.1993. c. 1195 (S.B.405). 0 12.)
f
Historical and Statutory Notes
1993 Legislation
Short title, leplative bdinp and deciarations for
Stats.1993. c. 1195 (S.B.405). see Historical and StatutoF Yotes under Government Code $ 4201.
Notes of Decisions
I 2. Urgency ordinances City of West Holi?vood (App. 2 Dist.1991) 283 CaLRptr.
470. 232 CalApp.3d 486.
Ordinance amending rent concrol section to expressly
autnorize council by resolution to deterrmne amount of
registradon fee. if any. which could be charged to tenant was valid urgency ordnance Liar was not impermissibly
retroactive in operation. where or&ance did not retroac-
dvely mcrease mount of repmuon fee. but merely legitimatized earher resoiution denlz,g iandlords their Fsmetion to pass along entire rernstranon fee to tenants;
oecause of the temporary resmug order iandlords had
secured by time of ordinance's passape. oy time old law
wouid have autnorized landlords to pass through mcre- ment in registration fees. new iaw uas in effect and took
away that discreuonq power. rvest Holl.~ood Con- cerned Citizens \-. Ciy of West Holi,vwood (App. 2 Dist.
1991) 283 Cal.Rptr. 470. 232 CalXpp.3d 486.
Ordinance introduced and passed in same session of city council was fatally defective wnere it did not include any ~ency language. west Hollvwood Concerned Citizens
r. city of west Hollywood (A~~, 2 ~k~~99~) 2% tal. Rptr. 470, 232 CalApp.3d 486.
3. Validity of ordinance
Landlords were not entitled to preliminan: relief on their facial challenge to increase in registration fee under rent control ordinance, where it was not reasonably proba- Dle that they would be able ta establish that inmease deprived them of their constibtionai guaranty of c3ust and
reasonabie~~ rate of return: $48 per year increase was so s&ht a "~~entJ~ that, w deprive h&vidud land- iord of consti~ution~g mandated -just and reasonable" return. hdod wodd have had to have entered year charging rents which provided for precise constitutional
minimum return. West Hollywood Concerned Citizens r.
0 36937. Effective date
Notes of Decisions
3. Urgency measures
ordinance ineduced and passed in Sme session of city
cound was fatally defective where it did not hciude any wnn. language, west ~~ll~~~d concerned citizens
v, City of West Hollvwood ,App. 2 Dist,lggl) 2B Cd.
. Rptr. 450. 232 CalApp.3d 486.
Cit?. council, having referred to aesthetics as Justiiica- rion for adopting urgency ordinance prohibiting electronic reader boards until city had tune to develop remiations
for such signs. could base unmedlate effectiveness of ordrnance on public health. Crown Motors v. City or'
Kedding (App. 3 Dist.1991) 283 Cal.Kptr. 3.56. 232 Cd. .4pp.3d 173, rehearing denied.
City council's aeeiarauon that oramance is passed for immemate presenauon of pubhc neam is neither conclu- sive nor sufficient LO establisn emstence of urgency justi- fying immediate efiect oi oramance. Crown Motors v. City of Reddinp (App. 3 Dist.lY9i' 2.53 CaLRptr. 356. 232 CalXpp.3d 173. reneanng demed. City council's detemauon tnat tr.reatened erection of
one more eiectromc reader boxo n:. automobiie dealer created urgency dustiried immebare' effect of ordnance banmg such boards. Crown MotoF v. City of Redding (Xpp. 3 Dist.1991) 2% Cal.Rptr Z56. 232 CalApp.3d 173, reneannp denied.
%Me city councd's swternent or' tacts constitutine ur- gency for adopuon 01 ordinance ma.\: ne renewed ny
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