2010 JANUARY - Laserfiche WebLink

Sections: 6.28.010 6.28.020 6.28.030 6.28.040 6.28.050 6.28.060 6.28.070 6.28.080 6.28.090 6.28.100 6.28.110 6.28.120 6.28.130 6.28.140 6.28.150 Chapter 6.28 NEWSRACKS Findings — Purpose. Encroachment permit— Required. Encroachment permit — Application. Encroachment permit — Appeal. Encroachment permit — Amendment. Permissible types of newsracks. Standards for newsrack placement in historical business district. Modification of placement standards. Maintenance required. Repair of damaged newsracks — Removal upon discontinuance. Advertising. Identification. Abatement of violation. Liability insurance. Indemnification. 6.28.010 Findings — Purpose. The city council finds and declares that: A. There is a substantial governmental interest in promoting the public health, safety, welfare and con- venience by ensuring that persons may reasonably use the public streets, sidewalks, rights -of -way, and other public property without interference with such use. B. Public streets and sidewalks are public fo- rums and their reasonable use in distributing and circu- lating newspapers by means of newsracks is not only a constitutionally protected right but serves a significant purpose in providing access to news for citizens of the city. C. T he reasonable use of newsracks within the public rights -of -way and other public property can be accomplished without interfering with the normal and reasonable use of these areas by the public, all while still providing ample access to the news. D. The public health, safety, welfare and con- venience require that: I. Unreasonable interference with motorist or pedestrian traffic be avoided; 2. Obstruction of views of traffic signs and street - crossing pedestrians be eliminated; 3. Damage done to sidewalks or streets be minimized and repaired; 137 6.28.010 4. The good appearance of the public streets and grounds be maintained; 5. Trees and other landscaping be allowed to grow without disturbance; 6. Access to emergency and other public facili- ties be maintained; and 7. Ingress and egress from properties adjoining the public rights -of -way be maintained. E. The regulation of newsracks as set forth in this chapter provides the least intrusive and burdensome means for ensuring the purposes stated in this section are carried out while still providing ample opportunities for the distribution of news to the citizens of the city via newsracks located within public rights -of -way and pub- lic property. (Ord. 1 147 § 1, 1984; prior code § 5 -9.08) 6.28.020 Encroachment permit— Required. Prior to installation of any newsrack or similar dispenser on public property, within the public right-of- way of any street, or within any public easement adja- cent to any street, the person or persons responsible for such installation, use and /or maintenance shall apply for and secure an encroachment permit as provided in Chap- ter 13.04 of this code, except, however, no fees or bonds shall be required. No encroachment permit shall be is- sued except in conformance with this chapter. Any per- son may establish a single master encroachment permit covering any number or all of his or her newsracks within the city. (Ord. 1 147 § 1 (part), 1984: prior code § 5- 9.09(a)) 6.28.030 Encroachment permit — Application. The encroachment permit application shall state the name(s) and address(es) of those responsible for installation, use and maintenance of the newsrack(s) subject to the permit, and shall describe with particular- ity the location(s) proposed for installation. The applica- tion shall be approved and an encroachment permit is- sued within 10 calendar days if the type of newsrack and the location(s) proposed meet the standards set forth in this chapter. If some, but not all, of the proposed loca- tions conform to the standards for newsrack placement, the application shall be approved and an encroachment permit issued for those locations conforming to the stan- dards. (Ord. 1147 § 1 (part), 1984: prior code § 5- 9.09(b)) 6.28.040 Encroachment permit — Appeal. If an application is disapproved, in whole or in part, the community development director shall notify the applicant(s) promptly, explaining fully the reasons for denial of an encroachment permit. The applicant(s) (Pleasanton Supp. No. 3. 1 -10)