Loading...
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. -1- 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 ****** APP liS f-.J..JU. ClmrnNW -6- 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. '''y