HomeMy WebLinkAbout1996-02-20 Ordinance 4329• •
ORDINANCE NO. 4329
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING CHAPTER 9 .. 79 TO THE PALO ALTO MUNICIPAL
CODB TO REQUIRE ALL NEWSRACKS TO DISPLAY
IDENTIFY!l"m INFORMATION AND TO RESTRICT THE
DISPLAY OF MATERIAL THAT IS HARMFUL TO MINORS
The Council of the City of Palo Alto does ORDAIN as
follows:
SBCIION 1. The City Council finds as follows:
(a) Many citizens have expressed concerns about the
increasing blight caused by newsracks in the downtom1 and other
commercial areas of the City, and especially by recent displays of
material that may be harmful to children; and
(b) The Council finds that displays of harmful matter in
indoor locations have been and can be reasonably controlled by the
business owners~ so as not to be a threat to the public health,
safety and welfare. whereas, there is no similar means or
opportunity for control over material displayed or sold outdoors;
and further, that a parent with a child can choose not to patronize
an indoor business selling harmful matter, but cannot always escape
harmful material displayed in a newsrack along a sidewalk or other
outdoor location .. : and
{c) The Council has approved a process whereby
comprehensive Citywide newsrack regulations will be developed in
conjunction with implementation of a capital improvement project
for downtown streetscape improvement, as a f~llow up to approval of
the Urban Design Guide; and
(d) The Council has determined that the public interest
requires the adoption of restrictions on the newsrack display of
material that is harmful to minors, prior to the establishment of
the more comprehensive time, place and manner regulations of
newsracks; and
(e) In order to provide effective enforcement for such
restrictions, and to provide a mechanism for e:aforcement of any
future newsrack regulations as may be adopted, this ordinance
requires that all newsracks be affixed with visible information
identifying the owner of the rack and the distributor of the
displayed contents.
SBGTION ~-Chapter 9.79 is hereby added to Title 9 (Public
Peace, Morals and Safety) of the Palo Alto Municipal Code to read
as follows:
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CIDP'.l'BR 9 • 79
MDSR&CKS
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t.79,010 Def1Dit1~. For the purposes of this chapter,
the followi.D.g words and phrases are defined and shall be given the
meaning ~~·t out in this section unless it is apparent from the
context that different meaning is intended~
(a) •Harmful matter"' means and is defined as in
california Penal Code section 313f as may fi'om time to time be
amended.
(b) •Minor• means any natural person under 18 years of
age.
{c) ·Newsrack" means any self-service or coin-·operated
box, container~ storage unit, or other dispenser installed, used or
maintained for the display and sale or distribution of newspapers,
periodicals or other publications.
(d) "Person"' means any individual, partnership, firm,
association, corporation, limited liability co~'"ly, or other legal
entity.
(e) "Public place {s)"' means and includes any public
right-of-way or property owned or controlled by a public agency, or
any outdoor private property which is open to the public.
9.79.020 Blincer Racks Required.
(a~ Newsracks located in public places, other than public
places from which minors are excluded, and which display to the
public view harmful matter, shall be equipped with devices commonly
known as blinder racks in front of the material so that the lower
two-thirds of the ~aterial is not exposed to public view.
(b) Newsracks located in public places, other than
public places from which minors are excluded, and which display to
the public view material depicting or describing specified sexual
acti.vities, as defined in subdivision (1) of this subsection, or
which contaLn material depicting or describing specified anatomical
areas~ as defined in subdivision (2) of this subsection, where such
picture, or illustration, or statement has as its purpose or effect
sexual arousal, gratification or affront, shall be equipped with
blinder racks in front of the material so that the lower two-thirds
of the nt.ateri.al is not exposed to public view.
(1) "Specified seX"Ja.l activities~ means:
{i) Human genitals in a state of sexual
stimulation or arousal;
(ii) Acts of human masturbation, sexual
intercourse or sodomy; or
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(iii) Fondling of other erotic touching of
human genitals, pubic region, buttock
or female breast.
C 2 l •spec if ied anatomical areas· means:
(i) Less than completely and opaquely
covered human genitals~ pubic hair,
buttocks, perineum, anal region, or
female breast at or below the areola
thereof; or
(ii) Human male genitals in a discernibly
turgid state, even if completely and
opaquely covered.
9. 79.030 Identifying inforaation. Every newsrack located
in a public place shall be affixed with identifying info~ation,
which shall contain the name, address and telephone number of the
newsrack owner and of the distribute:: of the publications contained
therein. Such information shall be placed in a visible location on
the front or top of the newsrack, and shall be leg1ble.
(a) :t shall be illegal to place, install, or maintain
any newsrack or ~Y material in a newsrack in a ~nner contrary to
any provision of chis chapter.
(b} Any person who violates any provision of this
chapter shall be guilty of an infraction and upon conviction
thereof shall be punished as provided in subsection (b) of Section
1. 08.010 of this Code; provided, however, the fourth or each
additional violation of any provision of this chaptar within a year
shall constitute a misdemeanor, punishable as provided in
subsection (a) of Section 1. 08.010. Each separate day or any
portion thereof during which any violation of this chapter occurs
or continues shall be deemed to constitute a separate offense, and
upon conviction thereof shall be punishable as provided in this
section.
(c) Employees in the positions designated in this
section are authorized to exercise the authority provided in Penal
Code section 936.5 and are a.uthorized to issue citations for
violations of this chapter. Tile designated employee positions are:
(1) Cede Enforcement Officer; (2) Supervisor, Building Inspection.
Employees exercising the authority provided for in this subsection
(c) are generically referred to in this chapter as "Code
Enforcement Officer,• notwithstanding their official employee
posit::..on ..
9 .. 79 .. 050 lfuisance. Any news rack or any material in a
newsrack placed, installed or maintained in violation of this
chapter shall constitute a public nuisance and may be abated in
accordance with applicable provisions of law.
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9.79.060 a.-oval and hearing. In addition to the
enforcement remedies available ~o the City, which are set forth in
Sections 9.79*040 and 9.79.050, any newsrack placed, installed or
maintained in violation of. this chapter may be removed by the City,
subject to the notice t:int:'l hearing procedures set forth in this
section.
(a) Notice of violation~ Before removal of any
newsrack, the Code Enforcement Officer shall notify the owner or
distributor of the violation. Written notification by first class
mail to the address or addresses shown on the offending nevsrack
shall constitute adequate notice. The Code Enforcement Officer
may, but need not, affix an additional notice tag onto the
offending newsrack. If no identification is shown on the newsrack~
posting of the notice on the newsrack alone shall be sufficient.
The notice shall state the nature of the violation, shall specify
actions necessary to correct the violation, and shall give the
owner or distributor ten (10) business days from the date appearing
on the notice to either remedy the violation or to request a
meeting before the Chief Building Official or designee of the Chief
Building Official, who shall not be the Code Enforcement Officer.
The date on the notice shall be no earlier than the date on which
the n~cice is mailed or affixed to the newsrack, as the case r.ay
be.
(b) Meeting and decision.. Any owner or distributor
notified under subsection (a) may request a meeting by making a.
written request therefore within ten {10} business days from the
date appea.ring on the notice. The meeting shall be informal, bur
oral and written evidence may be given by both sides. The Chief
Building Official or designee shall give his or her decision within
ten {10) business days after the date of the meeting. Any action
by the City to remove the newsrack shall be stayed pending the
written decision of the Chief Building Official or designee
following the meeting.
(c) Removal and impoundment. The City may remove and
impound a newsrack or newsracks in accordance with this section
following the written decision of the Chief Building Official
upholding the determination of a violation, or if the owner or
distributor has neither requested a meeting nor remedied th~
violation within ten (10) business days from the date on the
notice. An impounded newsrack shall be retained by the City for a
period of at least thirty (30) calendar days following the remo~~l,
~~d may be recovered by the permittee upon payment of a fee as set
forth ir.. the Municipal Fee Schedule. An impounded newsrack and its
contents may be disposed of by the City after thirty (30) calendar
days.
SECTION 3. Severability. If any section, subsection,
sentence, clause, phrase, word, or portion of the chapter enarted
by Section 2 of this ordinance is, for any reason, held to be
invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the chapter. The City Council declares that
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9602221ac 0031222
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it would have adopted the chapter and each section, subsection,
sentence, clause, phrasef word, or portion thereof, irrespective of
the fact that any one or more sections, subsections, sentences,
clauses, phrases, words or port ions, be declared invalid or
unconstitutional.
SSC'fiON 4.. The Municipal Fee Schedule is hereby amended to
add the following fee for recovery of a newsrack impounded in
accordance with Section 9.79.050 of the Palo Alto Municipal Code:
Fee for each impounded newsrack: $50.00 for the first day
of impoundment 1 plus $3.00 for each subsequent day of impoundment~
SEGTIQN_l. The City Council finds that this project is
exempt from the provisions of the Environmental Quality Act (•CBQA")
because it can be seen with certainty that there is no rossibility
that this project will have a significant effect on the
environment.
SECTION 4~ This ordinance shall become effective upon the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED: February 5, 1996
PASSED: Februar;7 20, 1996
AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM~ SCHNEIDER, SIMITIAN,
WHEELER
NOES:
ABSENT:
v
APPROVED AS TO FORM:
~ W, c~-4-4--~-
senior Asst .. City Attorney
THI~ D?~~.MENT IS CERTJ;:IfO TO at: AN
ORO,N,.! .· : ..• : I';UtV PASSc:O BY TH:! CO
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DAl'S (.'i-1'i:,;; P~3~SA.-.IIJIE,.) ~..;..:.L.!7:.:::._ (WJTHIN 15
'I certify Cor d~cl~re) under ~~n3!ty
ct ~IJUf"J rtlai the forcgoing.ia true
sti~At&~ Ck
e&Piace J
960222 lac 0031222
Director of Plann~.T.lg and
COmmunit Environment