Ordinance 1052Ordinances Alameda City Ordinanc.e No. 1052
New Series
AMENDING ARTICLE 7, CHAPTER 1,
TITLE V, OF THE ALAMEDA
MUNICIPAL CODE BY ADDING
THERETO NEW SECTIONS TO BE
NUMBERED 5- 171.1, 5- 171.2, 5 -171,3
AND 5 -171,4 RELATING TO THE
USE OF SIDEWALKS FOR THE
SALE OF ]MERCHANDISE.
BE IT ORDAINED BY THE COUN-
CIL. OF THE CITY OF ALAMEDA as
follows:
Section 1. The Alameda Municipal
Code is hereby amended by adding to
Article 7, Chapter 1, Title V, new
sections numbered 5- 171.1, 5-- 171.2,
5 -171.3 and 5- 171.4, which shall read
as follows:
Sec. 5 -171.1. Newspaper and Period-
ical Vending Stands — Issuance of Per -
mits. As an additional exception to
the provisions of Section 5 -171, the
City Council may issue permits for the
establishment of newspaper and peri-
odical vending stands upon the side-
walks of the City of Alameda. Such
stands shall be established at loca-
tions designated by the City Council
and shall be at the curb or building
line. In the issuance of such permits
and in prescribing the location of such
stands the City Council shall have
due regard for the convenience and ne-
cessities of pedestrians as well as the
owners, occupants and tenants of of-
fices, stores or shops in the vicinity.
Any newspaper and periodical vend-
ing stands as described herein and now
in operation in the city of Alameda
are hereby authorized and permitted
to continue in operation without the
necessity of filing the application here-
inafter provided for or the obtaining
of a permit for such operation, provided
however, that such future operations
shall be subject to suet rules and regu-
lations as may be adopted for the
operation of such stands and to the
provisions of Section 5- 171.4, excepting
subdivision (a) thereof.
Section 5- 171.2. Application for Per -
mit. Application for a permit to oper-
ate a newspaper and periodical vend-
ing stand upon the sidewalks of the
City of Alameda shall be made by the
applicant therefor in writing and pre-
sented to the City Council. As a preen
requisite to the granting of said per-
mit the City Council shall require that
the applicant therefor shall be a per-
son of good moral character: that he
shall be a citizen of the United States,
and that he shall have been a resident
of the City of Alaineda for a period
of not less than five (5) years imme-
diately preceding the filing of the
application.
Section 5- 171.3. investigation and In-
spection. The City Manager shall make
such investigation of the applicant and
inspection of the requested location
of such stand as the city Council may
require or as may be necessary to the
issuance of permits hereunder, and
following the granting of any such per-
mits the city Manager shall formulate
and enforce such rules and regulations
for the conduct of such stands as shall
be consistent with or in furtherance of
the conditions and restrictions herein
imposed.
Sec. 5 -171.4 Conditions and Restric-
tions. The following conditions and
restrictions are hereby imposed upon
the holders of any permit issued here-
under:
(a) The size, design and construction
of newspaper and periodical vending
stands under the provisions hereof
shall be subject to the approval of the
City Manager.
(b) Within ten (10) days following
the issuance of any permit hereunder
the holder thereof shall obtain, and
at all times during the life thereof
keep in force, a policy of public lia-
bility insurance indemnifying and sav-
ing harmless and agreeing to defend
the City of Alameda, the City Council,
the City Manager and the City Engi-
neer against all suits, claims or actions
of any person or persons for or on
account of any injuries or damages
to persons or property sustained or
arising by reason of the maintenance
of such newspaper and periodical vend-
ing stand in the sidewalk area by the
permittee, and to pay all judgments,
costs and expenses of litigation in con-
nection therewith. Said public liability
insurance shall provide for a limit of
not less than $5 0,040 for all daanages
arising out of bodily injuries to or
death of one person, and $100,000 for
all damages arising out of bodily in-
juries to or death of two or more
persons in any one accident, and a
limit of not less than $25,000 for all
damages arising out of injury to or
destruction of property in any one
accident, and $50,000 for all damages
arising out of injury to or destructions
of property. The policies aforemen-
tioned shall be issued by an insurance
carrier satisfactory to said City and
shall be delivered to the City. In lieu
of actual delivery of such policies, a
certificate issued by the insurance car-
rier showing such policies to be in
force may be delivered to the City.
Such policies and such ecrtificatc shall
be in form approved by the City Attor-
ney of said City. There shall be no
liability on the part of the City of
Alameda, its officers, agents or ern -
ployees, for any damage sustained by
the owner of any newspaper and peri-
odical vending stand from any cause
whatsoever
(c) Sale, assignment or transfer of
any permit issued hereunder without
the written approval of the City Coun-
cil is prohibited and shall be of no
effect.
(d) All permits issued hereunder are
hereby declared to be temporary, re-
vocable permits, and they shall be
subject to revocation at the will and
pleasure of the City council.
Section 2. This ordinance is hereby
declared to be a measure of great erner-
geucy and necessity for the immediate
preservation of the public health and
safety and shall take effect immedi-
ately. The following is a statement of
the facts showing the urgency:
There are now some obstructions
unlawfully in the sidewalk areas of
the Ctiy of Alameda and it is the aim
and purpose of this ordinance to le-
galize such obstructions and to confer
express legislative authority upon the
City Council to permit similar ob-
structions hereafter.
FRANK P. OSBORN,
Presiding Officer of the Council.
Attest:
SHIRLEY H, TENNIER,
City Clerk.
1, the undersigned, hereby certify
that the foregoing Ordinance was duly
and regularly adopted and passed by
the Council of the City of Alameda
in regular meeting assembled on the
5th day of February, 1952, by the fol-
lowing vote, to wit,
AYES. Councilmen Anderson, Bran-
scheid, Jones, Sweeney and President
Osborn, (5).
NOES: None.
ABSENT: None.
IN WITNESS VMEREOF, I have
hereunto set any hand and affixed the
official seal of said City this 6th day
of February, 1952.
(SEAL) SHIRLEY H. TENNIER,
City Clerk of the City of Alameda.
Publish February 7, 1954