2010 JANUARY - Laserfiche WebLink

4. Within a five -foot radius of any fire hydrant, fire call box, or other emergency facility; 5. Within three feet of any driveway, entrance to a building, or sidewalk leading to the entrance of a building; 6. In front of, or so situated so as to impede access to, any bus bench or shelter; 7. Within three feet of any no- parking or no- stopping zone, unless the newsrack is located on the side of the sidewalk farthest from the street. (Ord. 1 147 § 1 (part), 1984: prior code § 5 -9.11) 6.28.080 Modification of placement standards. The community development director may waive or modify the standards for newsrack placement con- tained in this chapter upon a showing of good cause and upon his or her determination that placing a newsrack at the location requiring the modification would not en- danger the public health or safety. Notice of any modifi- cation approved by the community development director shall be given to the city council who may choose to review his or her decision. No modification or waiver shall be effective until one day following the city coun- cil meeting after notice of the modification or waiver has been made. Should the city council wish to review the matter, no modification or waiver shall he effective until the city council has acted. (Ord. 2000 § 1, 2009; Ord. 1 147 § I (part), 1984: prior code § 5 -9.12) 6.28.090 Maintenance required. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. (Ord. 1 147 § I (part), 1984: prior code § 5- 9.13(a)) 6.28.100 Repair of damaged newsracks- - Removal upon discontinuance. Newsracks that have been damaged or stolen shall he replaced or repaired as soon as is practical, unless the permit holder wishes to abandon the location, in which event the permit holder shall promptly remove its news- rack or compartment, as the case may be. When use of any newsrack is permanently discontinued, it shall be removed and the location restored to its previous condi- tion, normal wear and tear excepted. (Ord. 1147 § 1 (part), 1984: prior code § 5- 9.13(6)) 6.28.110 Advertising. No newsrack shall be used for advertising signs or publicity purposes other than one concerned with the display, sale or distribution of the newspaper distributed from it. (Ord. 1147 § I (part), 1984: prior code § 5- 9.13(c)) 139 6.28.080 6.28.120 Identification. Every person maintaining a newsrack under the terms of this chapter shall have his or her name, address and telephone number affixed to it in a place where such information will be readily visible. (Ord. 1147 § I (part), 1984: prior code § 5- 9.13(d)) 6.28.130 Abatement of violation. A. Removal Sanctioned. A newsrack installed or maintained in violation of this chapter may be seized and removed by a public officer of the city or his or her designee if it is impractical for the public officer to rem- edy the violation by moving the newsrack to another point on the sidewalk or public right -of -way. B. Notification Prior to Removal. Before any newsrack is seized, the person responsible for its instal- lation and maintenance shall be notified and given five days to remedy the violation or request a hearing before the community development director to contest seizure. Notice shall be given in writing and sent to the address stated on the newsrack encroachment permit application or the newsrack and an additional notice Lag shall be affixed to the newsrack on the date of notice. The latter notice shall be sufficient when no identification is shown on the newsrack and no permit has been issued. C. Hearing May be Required. A person notified under subsection B of this section may request a hearing before the community development director by making a written request to the office of the director. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the city with respect to the alleged violation shall be stayed pending the di- rector's decision following the hearing. D. Seizure and Retention of Newsracks. The time period requiring remedy of a violation having run, or any appeal having been lost, the city may seize and remove the newsrack in violation of this chapter. The responsible party shall be notified of the seizure. Seized newsracks shall be retained by the city and may be re- covered by the responsible party within 30 days from their seizure upon payment of the costs incurred by the city for seizure and removal. E. Seizure Without Notice if Imminent Danger. Notwithstanding the provisions of subsection 13 of this section, prior notice of seizure is not required where the newsrack poses an immediate danger to pedestrians or vehicles, provided notice of the seizure and an opportu- nity to contest is given to the person responsible for the seized newsrack within five days after the seizure. F. Removal of Abandoned Newsracks. Aban- doned newsracks may be removed by a public officer or his or her designee and may be disposed of if it is not (Pleasanton Supp. No. 3, 1 -10)