HomeMy WebLinkAbout94-16ORDINANCE NO. 94-16
AN ORDINANCE OF THE TOWN OF DANVILLE REGULATING THE
INSTALLATION, USE AND MAINTENANCE OF
NEWSRACKS IN PUBLIC RIGHT-OF-WAY
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS
FOLLOWS:
SECTION ONE. FINDINGS.
Council Findings. The Town Council finds and declares that the uncontrolled placement and
maintenance of newsracks in the public rights-of-way creates physical danger to the traveling
public and pedestrians that use the public rights-of-way in the Town. The Town Council
finds that in recognition of the unique architectural features and basic heritage of the Town,
the clutter and congestion of numerous types of newsracks in the public rights-of-way is
unsightly and does not conform to the adopted Downtown Beautification plan. The Town
Council also finds that the use of such rights-of-way is so historically associated with the sale
and distribution of newspapers and publications that access to these areas for such purposes
should not be absolutely denied. The Town Council further finds that the public interest
requires that newsrack facilities of uniform and coordinated construction and appearance be
utilized and that a reasonable accommodation of these interests can be achieved through
regulation.
SECTION TWO. ADOPTION. Sections 12-5.1 through 12-5.12 are hereby added to the
Danville Municipal Code to read as follows:
12-5.1 Definitions. In this chapter, unless the context or subject matter otherwise requires:
Ao
B.
C.
D.
E.
F.
G.
"Highway" means all that area dedicated to public use for public street purposes
and includes, but is not limited to, roadways, parkways, alleys and sidewalks.
"Major Arterial" refers to Camino Tassajara, San Ramon Valley Boulevard and
Sycamore Valley Road.
"Newsracks" means any self-service or coin-operated box, container, storage unit
or other dispenser installed, used or maintained for the distribution of
newspapers, periodicals, real estate advertisements or other publications.
"Parkway" means that area between the edge of the roadway and the adjacent
property line, excluding that area occupied by the sidewalks. Parkway shall also
include any area within a roadway which is not open to vehicular travel.
"Public Right-of-way" means all land or interest therein which by deed,
conveyance, agreement, easement, dedication, usage, or process of law is reserved
for or dedicated to the use of the general public.
"Roadway" means that portion of the street improved, designed or ordinarily
used for vehicular travel.
"Sidewalk" shall mean any portion of a street between the curb line and the
adjacent property line, intended for the use of pedestrians, excluding parkways.
12-5.2 Permit - Required. No newsrack may be placed in the public right-of- way by anyone
unless a newsrack encroachment permit is first obtained from the Town of Danville.
12-5.3 Permit - Application.
A.
Applications for encroachment permits for newsracks shall be made to the
Development Services Manager or his/her designee. The application shall be
accompanied by the following:
.
2.
.
The name, address and telephone number of the applicant.
The name, address and telephone number of the person whom the Town
may notify or contact at anytime concerning the applicant's newsrack.
The number of newsracks and the exact proposed location of each,
including a map or site plan with adequate locational information to
verify conformance with Section 12-5.8 of this chapter.
B. A fee for the encroachment permit may be determined by the Town Council.
C.
Upon receipt of an application, the Development Services Manager or his/her
designee shall issue an encroachment permit within twenty (20) working days,
unless, based on the requirements of this chapter, there are grounds for denial
of the permit. If an application is disapproved in whole or in part, the
Development Services Manager shall notify the applicant promptly, explaining
the reasons for the denial. The applicant shall have ten (10) working days
within which to appeal the decision to the Town Manager in accordance with
the appeals provisions of this Code. Upon receipt of a timely appeal, the Town
Manager shall set the matter for hearing within thirty (30) days after the filing
of an appeal.
12-5.4 Permit - Issuance - Renewal.
A.
Permits may be issued for the installation of a newsrack or newsracks without
prior inspection of the location but such newsrack or newsracks and the
installation, use or maintenance thereof shall be conditioned upon observance
of the provisions of this chapter.
B. Such permits shall be valid for, and renewable every, five (5) years.
12-5.5 Identification on newsrack required. Each newsrack installed, used or maintained
pursuant to this chapter shall be identified with the encroachment permit number, name,
address, and telephone number of the owner/permit holder in a manner so as to be clearly
visible. The identification may not encompass an area larger than Y'x5" horizontal or vertical.
12-5.6 Liability - Indemnification.
A.
Liability Insurance. Each applicant for a newsrack encroachment permit shall,
prior to the granting of the permit under this chapter, furnish to the Town a
a"N,
12-5.7
B.
A.
B.
certificate showing that such person has then in force public liability and
property damage insurance naming the Town as an additional insured in an
amount not less than one hundred thousand dollars minimum liability combined
single limit (bodily injury and property damage) per person and per occurrence.
The owner/permit holder shall provide and keep in force that policy of public
liability insurance during such time as it continues to locate any newsrack under
the terms of this chapter. The evidence of insurance filed with the Town shall
include a statement by the insurance carrier that thirty days' notice will be
given to the Town before any cancellation.
Indemnification. Every person operating or maintaining a newsrack upon or
within the public property, rights-of-way or public easements adjacent to streets
of this Town shall agree in writing, prior to the granting of an encroachment
permit, to indemnify and hold harmless the Town, its officers and employees,
from any loss, liability, damage or cost sustained by any person or property,
arising from the installation, operation or use of such newsrack; provided,
however, that such obligation to indemnify and hold harmless the Town, its
officers and employees shall not extend to any loss, liability, damage or cost
resulting from the acts or property of another.
Placement requirements.
General Placement of Newsracks.
.
.
All newsracks installed, used or maintained on a public sidewalk or
parkway or portion thereof in Areas 1-9 of the Downtown Business
District Ordinance and other areas with a commercial general plan land
use designation shall be of the SHO-RACK K-49-16 modular type or the
SHO-RACK K-100 double sized rack or their equivalents. All newsracks
at the above designated locations shall be part of a multi-unit
configuration subject to the standards set forth in this chapter. Free
standing or non-modular racks may be placed in other parts of town.
However, where there are more than five non-modular newsracks in any
one location, modular style racks shall be required. In all cases,
newsrack facilities shall be located so as to maximize the public
convenience, health, safety and welfare, both as to accessibility to the
newsracks and the use of the public right-of-way as a thoroughfare, and
the aesthetic appearance of the area.
Any newsrack placed in its present location prior to the effective date of
this ordinance, shall be relocated, by its owner/permit holder, to a
Town-approved location and into a Town-approved newsrack facility
within 90 (ninety) days of adoption of this ordinance.
Temporary Placement of Newsracks.
.
Any free standing or non-modular newsrack of standard design
commonly in trade use may be permitted in any single location for a
C.
.
3.
period of 90 (ninety) days in order to determine the suitability of long
term newsrack locations, provided that the placement of such newsrack
conforms with the standards set forth in this chapter. However, a
temporary newsrack may not be placed in a location where a permanent
rack exists. In addition, temporary newsracks may not be boked or in
any other manner permanently affixed to any part of the public right-of-
way.
An encroachment permit shall be obtained from the Town of Danville
prior to placement of any temporary newsracks.
Prior to expiration of the 90 (ninety) day trial period, the person
maintaining the newsrack shall either cause it to be removed or submit
a written request to the Development Services Manager or his/her
designee for an encroachment permit for a permanent newsrack location.
Installation and Maintenance.
.
2.
.
.
.
.
Stands for newsracks shall be a supporting structure such as a multi-unit
pedestal. Such a pedestal shall not exceed nineteen inches in height.
Newsrack mounts, pedestals and vending machines located in Areas 1-9
of the Downtown Business District Ordinance and other areas with a
commercial general plan land use designation shall be painted SHO-
RACK Black or its equivalent. When modular racks are used in other
parts of town, they shall also be painted SHO-RACK Black.
No newsrack enclosure shall be used for commercial advertising, signs
or publicity purposes. The name of the newspaper or periodical may be
stated on the window or door of the vending machine. An exception
may be made for free standing racks where 11"x17" cards may be placed
on the front to advertise the publication in the rack and related event(s).
However, the cards shall not be used to advertise commercial purposes
other than the sale of the publication in the rack.
Each newsrack shall be maintained in good operating and physical
condition by its owner/permit holder. Newsrack owner/permit holders
shall maintain the exterior surfaces of their newsracks free of all graffiti,
handbills and similar alterations.
The permittee is responsible for the installation of newsracks. All work
undertaken shall be the sole responsibility of the owner/permit holder.
Damage to the surrounding area (hardscape, building or landscaping)
resulting from the installation of the newsrack shall be repaired to the
original condition immediately by, and at the expense of, the permittee.
Failure to make required repairs shall resuk in the Town undertaking to
make such repairs. The cost of repairs shall be chargeable as a civil debt
to the owner/permit holder and may be collected by the Town in the
same manner as it collects any other civil debt or obligation.
All newsracks and newsrack facilities installed within the Town of
Danville shall comply with all applicable federal, state and local laws and
regulations for barrier-free design, including but not limited to
applicable provisions of the Americans With Disabilities Act.
4
12-5.8 Prohibited acts. No person shall install, use or maintain any newsrack pursuant to said
permit which shall:
Ao
mo
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
Project onto, into or over any part of the roadway of any public street or alley
open to vehicular traffic, or rest wholly or in part upon, along or over any
portion of the roadway of any public street or alley open to vehicular traffic,
or be within 6'(six feet) of the roadway of any public street or alley open to
vehicular traffic, or be more than 6" (six inches) from a wall or fence;
Be attached to any fire hydrant, power pole, sign post, tree, refuse container or
any other existing fixtures;
Be placed within 5' (five feet) in a perpendicular direction from any marked
crosswalk;
Be within 15' (fifteen feet) in a perpendicular direction from the curb return of
any unmarked crosswalk;
Rest within 6' (six feet) of any hydrant or other emergency facility;
Rest within 5' (five feet) of any driveway;
Rest within an area described as 5'(five feet) ahead of, 41' (forty-one feet) to the
rear of, and 10' (ten feet) in depth from any sign marking a designated bus stop;
Rest within 5' (five feet) of any bus bench;
Restrict the clear space for the passageway for pedestrians to less than six feet;
Be placed at any location where the newsrack causes, creates or constitutes a
traffic hazard;
Be placed at any location where the newsrack obstructs access to or the use of
abutting property;
Be placed where the newsrack will endanger persons or property;
Be placed where the newsrack will unreasonably interfere or obstruct the flow
of pedestrian or vehicular traffic or access to parked vehicles on a highway;
Be placed within 200' (two hundred feet) of any other newsrack facility in the
public right-of-way on the same side of the street.
The Town Manager, or duly authorized designee, may grant exceptions, through the
issuance of the pertinent encroachment permit, to the limitations set forth above, upon
making findings that the public health, safety and welfare is not adversely affected
thereby and following notification of all other permit holders in existence when the
exception is under consideration. Exceptions may particularly be granted in instances
where newsracks are less than 200' apart on the same side of the street but are separated
by an intervening street. Permit holders shall be given fifteen (15) days to object prior
to the granting of an exception. While objections will be taken into consideration, in
no case shall an objection guarantee that an exception will be denied.
12-5.9 Newsrack location limitation. The number of newsracks at a particular corner,
intersection or other location shall not exceed ten. Any exception to this limitation resulting
in an increase or decrease in the number of authorized newsracks at any particular location
shall be determined by the Town Manager or hls/her desksnee subject to the following
standards:
A.
Sufficient clear space for the safe passage of pedestrians requiring amendment of
the preceding limitation of six (6) feet;
B. The width of the sidewalk prohibits the installation of newsracks;
C.
Density of pedestrian traffic necessitates fewer newsracks than the authorized
number indicated. It is the purpose of this section to provide maximum public
access to all publications of general interest and circulation. Since available
space is limited and recognizing that there is considerable public demand for
publications of current concern, in determining which publication vending
machines shall be issued a permit to remain in a particular location the Town
Manager or his/her designee shall be guided by this chapter consistent with
considerations of public safety.
D.
In the Old Town area along Hartz Ave. and Front St. newsracks shall generally
be permitted in the areas shown on the attached map. Other placements may
be approved by the Town Manager or his/her designee on a case by case basis.
All requirements provided for in this ordinance shall remain in effect except
that the 200 (two hundred) foot minimum distance between newspaper racks
may be adjusted in the Old Town area only particularly in instances where
newsracks are less than 200' apart on the same side of the street but are
separated by an intervening street.
12-5.10 Abandoned newsracks. No person who places or maintains a newsrack on the
sidewalk of the Town shall permit such newsrack to remain unused for a period of 30 (thirty)
days or more. A newsrack or newsrack facility shall not be deemed "abandoned" if the empty
newsrack is attributable to a labor strike or a temporary or extraordinary interruption of
distribution or publication by the publication sold or dispensed from that newsrack.
12-5.11
Removal - Hearing.
A.
Any newsrack installed, used or maintained in violation of the provisions of this
chapter may be subject to the removal and storage by the Town Manager or
his/her designee. Such officer shall take steps to notify the owner/permit
holder thereof and request compliance within 30 (thirty) calendar days prior to
removal. At any time within the 30 (thirty) day period, an administrative
hearing to challenge the existence of a violation may be requested by the
owner/permit holder. Failure to request the hearing shall result in removal and
storage of the newsracks by the Town Manager or his/her designee at any time
after the expiration of the 30 (thirty) day period.
B.
If the owner/permit holder requests a hearing as provided in subsection A of
this section, the hearing shall be administered by the Town Manager or his/her
designee. The owner/permit holder shall have thirty days from the date of any
adverse ruling which may result from the hearing to comply with the provisions
specified in the ruling. If after the thirty days from the date of decision the
owner/permit holder has failed to comply with the provisions of this chapter
6
cited in the decision, the subject newsracks shall be removed and stored by the
Town Manager or his/her designee.
C.
The cost of removal and or storage by the Town Manager or his/her designee
of any newsrack subject to this chapter shall be chargeable as a civil debt to the
owner/permit holder thereof and may be collected by the Town in the same
manner as it collects any other civil debt or obligation. In addition, the
newsracks in question shall be deemed to be unclaimed property and may be
disposed of accordingly.
12-5.12 Compliance by existing owner/permit holders. Owner/permit holders of
newsracks located within the Town on the effective date of the ordinance codified in this
chapter shall have 90 (ninety) days from said date to comply with the provisions of this
chapter; thereafter, any newsracks not in compliance shall be subject to removal by the Town
Manager or his/her designee as provided in this chapter.
SECTION THREE. PUBLICATION
The City Clerk shall either a) have this Ordinance published once within 15 (fifteen) days after
adoption in a newspaper of general circulation or, b) have a summary of this ordinance
published twice in a newspaper of general circulation once five days before its adoption and
again within 15 (fifteen) days after adoption.
SECTION FOUR. CODIFICATION
Section Two hereof shall be codified in the Danville Municipal Code. Sections One, Three
and Four shall NOT be codified in the Danville Municipal Code.
The foregoing ordinance was first read and introduced on July 5, 1994 and approved and
adopted by the Danville Town Council at a Regular Meeting held on Tuesday, July 19, 1994
by the following vote:
AYES: Ritchey,
NOES: None
ABSTAIN: None
ABSENT: None
Greenberg, Doyle, Shimansky, Waldo
APPROVED AS TO FORM:
ATTEST:
CITY CLERK
7