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Home My WebLink About1995-11-21; City Council; 13402; MODIFICATIONS TO STANDARDS FOR NEWSRACK LOCATIONS ON PUBLIC RIGHTS-OF-WAY AND REVISION OF BUSINESS LICENSE REGULATIONS FOR COIN OPERATED MACHINES AND NEWSRACKSAB # /~,~o~ DEPT. CLK FOR COIN OPERATED MACHINES AND NEWSRACKS. TITLE: MODIFICATIONS TO STANDARDS FOR NEWSRACK LOCATIONS ON PUBLIC RIGHTS-OF-WAY AND MTG. 11/21/95 REVISION OF BUSINESS LICENSE REGULATIONS i- DEPT. HD CITY ATT CITY MGF * N m I m '0 m w m cn I 2 c (d z ' s a, 2 a d .?I a &4 0 a a u a 0 a (d 4 .ri 3 0 0 2 5 F 0 4 =! 0 2 3 0 0 e-{ Cw OF CARLSBAD - AGEWA BILL RECOMMENDED ACTION: Adopt Ordinance NO. NS-323, amending Title 11, Chapter 11.36 of the Carlsbad Municipal Code by the amendment of Sections 11.36.020, 11.36.030, 11.36.040, 11.36.050, 11.36.060, and 11.36.080 regarding locations and standards for newsracks on public rights-of-way; and Adopt Ordinance No. NS-324, amending Title 5, Chapter 5.04 of the CarlsbadMunicipal Code by the amendment of Sections 5.04.020 and regarding business license regulations for coin operated machines and newsracks. 5.04.060, and Chapter 5.08, by the amendment of Section 5.08.010 ITEM EXPLANATION Ordinance Nos. NS-323 and NS-324 were introduced and first read at the regular City Council meeting of October 10, 1995. At the City Council Meeting of November 11, 1995, Council accepted revisions to the newsrack ordinance proposed by staff since the introduction of the ordinance. The second reading allows Council to adopt both ordinances which would then become effective in thirty days. The City Clerk will have the ordinances published within fifteen days, if adopted. FISCAL IMPAC'P See Agenda Bill Nos. 13,350 and 13,398 on file in the Office of the City Clerk. EXHIBIT 1. Ordinance No. NS-323. 2. Ordinance No. NS-324. I I 1 2 3 4 5 6 7 a 9 10 11 12 9m 13 mu? (?r EEQ <a8 14 -IOU# dUU $045 065" tdZ ?I ,S% O 15 <>rn* zulr/) z$$z 16 E:; 17 78 19 20 21 22 401 z"19 - 0 23 24 25 26 27 20 e 0 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 11t36t089 OF THE CARLSBAD MUNICIPAL CODE "LOCATIONS AND STANDARDS FOR NEWSRACKS ON PUBLIC RIGHTS-OF-WAY". The City Council of the City of Carlsbad, California do ordain as follows: SECTION 1: That Title 11, Chapter 11.36 of the Carlsba Municipal Code is amended by the repeal of Subsection 11.36.020(d) and the succeeding subsections are relettered 5 alphabetical order. SECTION 2: That Title 11, Chapter 11.36 of the Carlsbi 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 ir Section 313.1 of the Cslifornia Penal Code. For the purpo: 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 Carlsl Municipal Code is amended by the repeal of existing Sectio 11.36.030 to be replaced in its entirety as follows: "11.36.030 Prohibition. Newsracks are prohibited on property owned by the Cit the public except that newsracks may be installed, placed maintained on a public right-of-way subject to the issuanc business license pursuant to this chapter. Each distribut obtain a business license as provided in Carlsbad Municip? Chapters 5.04 and 5.08, and at that time execute a hold h; agreement in favor of the City of Carlsbad and show proof insurance as specified in this chapter, naming the City o Carlsbad as an additional insured. (a) This ordinance shall have a delayed operat of January 1, 1996. Newsracks lawfully in existence upon enactment of the provisions contained herein shall be all 2 3 4 5 6 7 t3 9 10 11 12 am 13 a> dz-.j an8 LOW% 14 $055 c4z c->c 2?DQ '5 U>Q "u%n SW? LLO zwo oz20 16 kl C0-l >2% 17 - Lo 18 19 20 21 22 23 24 25 26 27 28 1996, at which time they must be brought into conformance wit this chapter and distributors must have a business license." SECTION 4: That Title 11, Chapter 11.36 of the Carlsbai Municipal Code is amended by the amendment of Subsections 11.36.040 (a), (c) , and (f) to read as follows: I' (a) No newsrack shall exceed fifty (50) inches in hei twenty-seven (27) inches in width, or twenty-four (24) inche depth. (c) Each newsrack shall be equipped with a coin-returr 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 frc charge. (f) Newsracks shall be of unobtrusive neutral colors ( 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." 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 Carlsk Municipal Code is amended by the amendment of Subsections 11.36.050 (b) , (c) , (dl , (e) (1) I (e) (6) I (e) (7) I and (e) (8) by the addition of (e) (11) to read as follows: Newsracks may be located near a curb (or if the no curb, the edge of the roadway) or to the rear Of a side farthest from the street or roadway. Newsracks located ne curb shall be placed not less than eighteen (18) inches no than twenty-four (24) inches from the edge of the curb. Newsracks placed adjacent to the rear of the sidewalk shal placed parallel to any wall and at least six (6) inches fr wall. No newsrack shall be located directly in front of a display window of any commercial building abutting a sidec roadway except near the curb without written permission oj owner of the business. (c) Newsrack mounts shall be bolted in place in accc with specifications provided by the City. (d) Newsracks may be placed next to each other, pro that no cluster of newsracks shall extend for a distance ( than ten (10) feet. "(b) 2 1 2 3 4 5 6 7 8 9 10 11 12 Y1 CrUA 13 14 oug $054 15 ukS$ o0lL Qtmq zwmo Crccq, E:? aoA zzz 17 0 18 19 20 21 22 23 24 25 26 27 28 Qm Swz 608 iL(3 ti2 9 062 0Z-l ~ 16 - 0 0 (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. (6) At any location whereby the clear space of thc passageway of pedestrians is reduced to less than five (5) fc in the case of sidewalks that are ten (10) feet wide, the placement of the newsrack shall allow for a pedestrian passal of not less than six (6) feet in width. maintained property improved with lawn, flowers, shrubs, tre other landscaping. (1) Within twenty-five (25) feet of a curb return In no case shall a newsrack impair the si (7) Within three (3) feet of or on any publicly (8) Within twenty (20) feet of any other cluster (11) Where placement unreasonably obstructs, newsracks whether or not containing the same publication. interferes with, or impedes access to or use of abutting property, including but not limited to, residences, places c business, or legally parked or stopped vehicles." SECTION 7: That Title 11, Chapter 11.36 of the Carlsbi Municipal Code is amended by the amendment of Section 11.36 to read as follows: 1111.36.060 Applicability in residential zones. Newsracks shall not be located on any street identifie the Circulation Element of the City General Plan as a local collector street within any area of the City zoned for sing 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 Carl& Municipal Code is amended by the addition of Section 11.36 read as follows: "Section 11.36.061 Hold Harmless Asreement Each bus license issued pursuant to this Chapter shall be subject ti requirement that the licensee agree to defend, indemnify a harmless the City and its officers and employees from any damage, or liability arising from the placement or locatic the newsrack or its operation." SECTION 9: That Title 11, Chapter 11.36 of the Carls Municipal Code is amended by the addition of Section of 11 to read as follows: 3 I 1 2 3 4 5 6 7 8 9 10 11 12 om 13 u:og 14 (Jug +LO 3054- >-I2 rrt5K oOa9 15 <;S2 zwm0 ugzq Lo% ao-’ - 00 Suz !22& OZ-’~ 16 cy$ 17 18 19 20 21 22 23 24 25 26 27 28 e 0 **11.36.062 Insurance Reauirement No person, association, firm or corporation shall plac locate or maintain a newsrack on public rights-of-way unless there is on file with the City Finance Department, in full f 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 t location, placement or operation of the licensee‘s equipment separate certificate is not required for each newsrack so 1c the certificate evidences coverage for all newsracks placed, located or maintained by the person, association, firm or corporation involved. 11 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: 9811.36.080 Enforcement Commencing January 1, 1996, any newsrack which has nc obtained a business license in accordance with this chapter initial application or renewal, shall be deemed nonconformj Upon a determination by the City Engineer that a newsrack 1 been installed, used or maintained in violation of any of t provisions of this chapter, he shall cause an order to be j to the distributor to correct the offending condition. Thc shall be telephoned to the distributor and confirmed by ml a copy of the order by certified mail, return receipt requc 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 provisior law relating thereto. If the distributor of the offending newsrack cannot be identified, the newsrack shall be remok 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 provid6 law. ** EFFECTIVE DATE: This ordinance shall be effective tl days after its adoption, and the City Clerk shall certify adoption of this ordinance and cause it to be published a‘ once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. to the distributor at the address shown on the notice requ 4 I r 4 1 2 3 4 5 6 7 8 9 10 11 n um mu? m>, 2zg l2 13 3:g ju(3 $0325 14 :>sz E9 >2% 17 50 t-lz 15 rrk58 OnL zwmo aa%o oZJ - 16 401 18 19 20 21 22 23 24 25 26 27 28 e e INTRODUCED AND FIRST READ at a regular meeting of the OCTOBER Carlsbad City Council on the 10th day of 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the city cou of the city of Carlsbad on the 21st day of NOVEMBER , 1: by the following vote, to wit: AYES: NOES: None ABSENT : Council Member Nygaard Council Members Lewis, Kulchin, Finnila, Hall APPROVED AS TO FORM AND LEGALITY 2 //. L iL. 9 $7 ATTEST : Z, City Clerk ssistant City Clerk 5 1 6 I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 0 a> 4% mu? ,$Em a08 oug 3055 crz Lr-->g 3'l.u a>$? zwao aa%n 003 LOO, bv iUU ozJ - 16 a02 >2% 17 18 19 20 21 22 23 24 25 26 27 28 e 0 ORDINANCE NO. NS-32.4- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BY THE AMENDMENT 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 COINOPERATEDMACHINES AND NEWSRACKS. CARLSBAD, CALIFORNIA, AMENDING TITLE 5, CHAPTER ;.ea, The City Council of the City of Carlsbad, California do ordain as follows: SECTION 1: That Title 5, Chapter 5.04 of the Carlsk Municipal Code is amended by the amendment of the secc paragraph of Section 5.04.020 to read as follows: @@Applications 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.@@ SECTION 2: That Title 5, Chapter 5.04 of the Carls Municipal Code is amended by the amendment of the first sente 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 ownerloperator need be obtained.@! SECTION 3: That Title 5, Chapter 5.08 of the Carl: Municipal Code is amended by adding !@Newsrackst@ to classification list in subsection 5.08.010(c). EFFECTIVE DATE: This ordinance shall be effec thirty days after its adoption; and the city clerk shall cer the adoption of this ordinance and cause it to be publish€ least once in a newspaper of general circulation in the Cit Carlsbad within fifteen days after its adoption. 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 009 15 002 om an8 2uw2 $045 UkS" oZJ? ""50 16 SU~ !22& :;gs JUO t2Z zuv) 0 rzs - Earn UOJ 18 l7 19 20 21 22 23 24 25 26 27 28 1 m a INTRODUCED AND FIRST READ at a regular meeting of t Carlsbad City Council on the 10th day of OCTOBER 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the C: Council of the City of Carlsbad on the 21st day of NOVEMBE 1995, 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 KTTEST: b&Yy, RT€W- UTE RANZ, City Clerk UREN R, KUNDTZ, Assistant City Clerk 2