Ordinance 2068CITY OF ALADA ORDINANCE NO. 2068
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
CERTAIN SECTIONS OF ARTICLE 7 OF CHAPTER 1, TITLE V,
THEREOF RELATING TO REGULATION OF NEWS RACKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALADA that:
Section 1.The Alameda Municipal Code is hereby amended
by amending Sections 5-171.1, 5-171., 5-171.3 and 5-171.4 of
Article 7, Chapter 1, Title V, thereof to read as follows:
Sec. 5-171.1.Newspaper and Periodical Vendinq
Machines (News RacksJ--Prohibition
(a)No person shall install, use or maintain any
news rack which projects onto, into or over any part of
the roadway of any public street, or which rests, wholly
or in part, upon, along or over any portion of a roadway.
(b)No person shall install, use or maintain any news
rack which in whole or in part rests upon, in or over any
sidewalk or parkway, when such installation, use or main-
tenance endangers the safety of persons or property, or when
such site or location is used for public utility purposes,
public transportation purposes or other government use, or
when such news rack unreasonably interferes with or impedes
the flow of pedestrian or vehicular traffic, the ingress
into or egress from any residence, place of business, or
the use of poles , posts , traffic signs or signals, hydrants,
mailboxes or other objects permitted at or near said
location.
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Revised 11/17/81
Sec. 5-171.2.Newspaper and Periodical Vendinq Machines
(News Racks) --Standards Any news rack which in whole or in
part rests upon, on or over any sidewalk or parkway, shall
comply with the following standards:
(a)No news rack shall exceed five (5) feet in height,
thirty (30) inches in width, or two (2) feet in depth.
(b)News racks shall only be placed near a curb or
adjacent to the wall of a building.News racks placed near
the curb shall be placed no less than eighteen (18) inches nor
more than twenty-four (24) inches from the edge of the curb.
News racks placed adjacent to the wall of a building shall be
placed parallel to such wall and not more than six (6) inches
from the wall.No news rack shall be placed or maintained on
a sidewalk or parkway opposite a news stand or another news rack.
(c)News racks, which otherwise conform to the provi-
sions of this section, may be chained, bolted or otherwise
attached to any pole or standard located within the public r ight-
of way, provided that any such rack shall be removed immediately
upon request of the City Manager, when he finds removal in the
public interest, or the owner of said pole or standard or be
subject to seizure pursuant to Section 5-171.3 (a).Newspaper
vendors may install recessed tie downs or concrete rack holders
subject to the approval of the City Engineer.
(d)News racks may be chained or otherwise attached to
one another provided that there is a three (3) foot space
between each fifteen (15) feet of news racks.
maintained:
(e)No news rack shall be placed, installed, used or
(1)
(2)
Within three (3) feet of any marked crosswalk;
Within fifteen (15) feet of the right angle
curb of any unmarked crosswalk;
(3)within three (3) feet of any fire hydrant, fire
call box, police call box or other emergency
facility;
(4)
(5)
Within three (3) feet of any driveway;
within fifteen (15) feet to the rear of any sign
marking a designated bus stop, or three (3) feet
ahead of such marking or designation where
another pole or standard, which conforms to the
provisions of this Section, is located within
ten (10) feet of each marking or designation.
(6)Within three (3) feet of any bus bench;
At any location whereby the clear space for the
passageway of pedestrians is reduced to less
than six (6)feet;
(8)Within three (3) feet of any area improved with
lawn, flowers, shrubs or trees.
(f)No news rack shall be used for advertising signs
or publicity purposes other than that dealing with the display,
sale or purchase of the newspaper or periodical sold therein.
(g)
Each news rack shall be maintained in a clean and
neat condition and in good repair at all times.
(h)Every person who places or maintains a news rack
on the streets of the City of Alameda shall have his name
affixed thereto in a place where such information may be
easily seen.
Sec. 5-171.Newspaper and Periodical Vendinq
Machines (News Racks) --Abatement of Violat ion
(a)A news rack in violat ion of Sect ions 5-171.1 or
5-171.2 may be seized by a public officer of this City if
it is impractical for the public official to remedy the
violation by moving the news rack to another point on the
sidewalk or pathway.
Before any news rack is seized the owner shall
be notj fied and given ten (10) days to remedy the violation
or to appear at the office of the Public Works Director to
contest seizure in an informal administrative forum.
(c)Notwithstanding the provisions of subsection (a)
above, prior notice of seizure is not required where the
news rack poses a danger to pedestrians or vehic les, pro-
vided notice of the seizure and opportunity to contest is
given the owner within ten (10) days of the se izure .
(d)Seized news racks shall be retained and may be
recovered by their owner within thirty (30) days from
their seizure.OWner shall be notified of the seizure.
(e)Abandoned news racks may be removed by a public
officer and may be disposed of if not claimed by the owner
within thirty (30) days.News racks remaining empty for
thirty (30) days or not claimed within thirty (30) days of
seizure shall be deemed abandoned.
(f)Abatement hereunder is a cumulative remedy and
does not constitute a defense to misdemeanor citation
proceedings which may be employed simultaneously pursuant
to the general provis ions of this Code.
Sec. 5-171.4.Newspaper and Periodical Vendinq
Machines (News Racks) --Liability Coveraqe
(a)Each news rack owner shall, within thirty (30)
days of the effective date of this ordinance, furnish to
the City Clerk a certificate that the owner has then in
force public liability and property damage insurance, naming
the City as an additional insured, in an amount not less
than Three Hundred Thousand and no/IOO Dollars ($300,000.00)
minimum liability combined single limit (bodily injury and
property damage) per person and per occurrence.The owner
shall provide and keep in force said policy of public
liability insurance during such time as it continues to
locate any news rack within the City of Alameda.The evi-
dence of insurance filed with the City Clerk shall include
a statement by the insurance carrier that thirty (30) days
notice shall be given to the City before any cancellation.
Copies of these policies or certificates evidencing the same
shall be filed with the City Clerk after approval of the
City Attorney.
(b)Every person who places, maintains or causes the
placement or maintenance of a news rack in the public rights-
of way covered by this ordinance shall file a written
statement with the City Clerk satisfactory to the City
Attorney whereby he/she/it agrees to indemnify and
hold harmless the City, its officers, directors, and
employees from any loss or liability or damages, including
expenses and costs for bodily or personal injury, and for
property damage sustained by any person as a result of the
installation, use or maintenance of such news rack.Such
statement shall be filed no later than thirty (30) days
after the effective date of this ordinance.
Section 2.This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from the
date of its final passage.
presidi ficer of the Council
Attest:
&",,
,, CJ'/Clty Clerk
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APP liS
f-.J..JU.
ClmrnNW
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I, 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 17th of !Qve:nl1Pr, 19lil,
by the following vote to wit:
AYES: Councilmen Diament , Gorman , Sherratt , Stone , and President Corica - 5.
NOES: None.
ASS ENT :None.
IN WITNESS fIHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 18th day of Novemher, 1921.
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