Ordinance - 1936ORDINANCE NO. 1936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA AMENDING CHAPTER 19 (STREETS, SIDEWALKS AND
PUBLIC PLACES) OF THE WEST COVINA MUNICIPAL CODE TO
ESTABLISH REGULATIONS ON THE PLACEMENT, DESIGN,
• APPEARANCE, AND SERVICING OF PUBLICATION VENDING
MACHINES.
WHEREAS, the City Council is aware of general public concern regarding the
placement, design, appearance and servicing of publication vending machines; and
WHEREAS, the City Council is also aware of specific community concern
regarding the display of "harmful matter" (i.e. matter, taken as a whole, which to the
average person, applying contemporary statewide standards, appeals to the prurient
interest, and as matter which, taken as a whole, depicts or describes in a patently
offensive way sexual conduct; and which, taken as a whole, lacks serious literary,
artistic, political or scientific value) in publication vending machines; and
WHEREAS, on April 20, 1993, the City Council directed the Planning Department
to investigate said concerns and study potential regulations for publication vending
machines; and
WHEREAS, on September 14, 1993, the Planning Commission conducted a
study session to consider regulations for publication vending machines and adopted
Resolution No. 09-93-4186 initiating and directing Planning Staff to prepare the subject
Ordinance; and
WHEREAS, on March 22, 1994, at a duly noticed public hearing, the Planning
Commission adopted Resolution No. 03-94-4220, recommending that the City Council
adopt the subject Ordinance subject to minor revisions; and
WHEREAS, on April 5, 1994, the City Council of the City of West Covina
considered evidence presented by the Planning Commission, Planning Staff, and other
interested parties at a duly noticed public hearing; and
WHEREAS, the oral and documentary evidence considered in connection with
this Ordinance reveal the following facts:
1. The regulation of the placement, design, appearance, and servicing of
publication vending machines within the City of West Covina will promote
the public peace, health, and safety; and
2. The regulation of publication vending machines will protect against
impairing the vision of motorists and pedestrians, particularly small
children; and
3. The regulation of publication vending machines will protect against the
dangers of unreasonably impeding the flow of pedestrian or vehicular
traffic ,including ingress into or egress from any residence or place of
business, or from the street to the sidewalk, by persons exiting or entering
parked or standing vehicles; and
4. The regulation of publication vending machines will protect against poorly
designed and constructed publication vending machines which are
inadequately secured to the underlying foundation, from being knocked
down, thrown, and windblown onto public streets; and
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5. The regulation of publication vending machines will protect against the
neglectful servicing of publication vending machines resulting in a visual
• blight on the City's parkways and sidewalks, and detracting from the
aesthetics of store window displays, adjacent landscaping, and other
improvements; and
6. The regulation of publication vending machines will protect against undue
restriction of access to the use of poles, posts, traffic signs or signals,
hydrants, mail boxes, or locations used for public transportation purposes;
and
7. The regulation of publication vending machines will protect against the
unnecessary exposure of the City to personal injury or property damage
suits.
NOW, THEREFORE, the City Council of the City of West Covina does hereby
ordain as follows:
SECTION 1. The West Covina Municipal Code is hereby amended to read as
follows:
Chapter 19. Streets, Sidewalks and Public Places. Article I amended to delete
Sec. 19-6 (b).
Sec. 19-6. Leaving articles on streets.
{a� It is unlawful for any person to leave or permit to remain on any public
street, alley, sidewalk, crosswalk or other public way open for pedestrian
travel, any merchandise, baggage or any article of personal property.
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Chapter 19. Streets, Sidewalks and Public Places. Article IX Publication
Vending Machines is added to read as follows:
Sec. 19-195. Purpose.
The purpose of this Article is to promote the public peace, health, and safety by
regulating the placement design, appearance and servicing of publication
vending machines so as to protect against:
kg� The dangers of impairing the vision of motorists and pedestrians,
particularly small children;
The dangers of unreasonably impeding the flow of pedestrian or vehicular
• traffic including ingress into or egress from any residence or place of
business, or from the street to the sidewalk, by persons exiting or entering
parked or standing vehicles;
Neglectful servicing of publication vending machines resulting in a visual
blight on the City's parkways and sidewalks, and detracting from the
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aesthetics of store window displays, adjacent landscaping and other
improvements:
• d) Unduly restricting access to the use of poles, posts, traffic signs or
signals hydrants, mail boxes, or locations used for public transportation
purposes:
(e) Unduly restricting handicap access and movement:
ff Unnecessary exposure of the City to personal injury or property damage
suits.
Sec. 19-196. Definitions.
As used in this Article, the following words shall have the meanings set forth
here:
(a) "Blinder rack" means a device attached to a publication vending machine
which shields from view the lower two-thirds of any material contained in
the publication vending machine.
"Custodian" means a person who has the responsibility of placing,
servicing, or maintaining a publication vending machine by depositing
and/or removing material from the machine and/or by collecting moneys
from the machine.
r'c "Harmful matter" or "material harmful to minors" means matter taken as
a whole, the predominant appeal of which to the average person, applying
contemporary statewide standards, is to the prurient interest, meaning a
shameful or morbid interest in nuditv. sex. or excretion. and is offensive
to the prevailing standards in the adult community as a whole with respect
to what is suitable material for minors, and lacks significant literary,
artistic, political, educational, or scientific value for minors.
"Minor" means any natural person under eighteen (18) years of age.
Le I "Parkway" means that area between the sidewalks and the curb of any
street, and, where there is no sidewalk, that area between the edge of the
roadway and the property line adjacent thereto. "Parkway" also includes
anv area within a roadwav which is not a sidewalk and is not open to
vehicular traffic.
Mf "Person" means any individual, firm, partnership or other local entity_
L(:a "Public place" means any place open to the public, but does not include
a place from which minors are excluded.
"Publication vending machine" means any self-service or coin -operated
box, container, storage unit or other dispenser installed used or
• maintained for the display or sale of any written or printed material
including, but not limited to, newspapers, news periodicals magazines
books, pictures, photographs, and records.
"Roadway" means that portion of the street generally used for public
vehicular traffic.
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fjj "Sidewalk" means that portion of the street provided for the exclusive use
of pedestrians.
• Lk "Street" means all that area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways,
alleys, and sidewalks.
Sec. 19-197. Publication Vending Machines prohibited roadways.
La I No person shall install, use, or maintain any publication vending machine
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
the roadway of any public street.
No custodian shall install, use, or maintain any publication vending
machine on public sidewalks or parkways or in a public place in the City
without complying with the standards set forth in this Chapter.
Sec. 19-198. Design and construction standards.
Any publication vending machine which rests in whole or in part upon, in, or over
any public sidewalk or parkway shall comply with the following standards:
La I No machine shall have glass part(s):
Each machine shall be constructed of sturdy, corrosive -resistant materials;
(c) Each machine shall be securely affixed to the sidewalk or parkway in a
manner approved by the City Engineer. As an alternative, a mount may
be used for no more than three machines affixed in a manner approved
by the City Engineer;
kdj The machines shall be mounted so that the area from the around surface
to sixteen and one-half (16 - 1/2) inches above the ground surface
remains open to a significantly unobstructed view.
Lej The height of the top of each machine, above the surface under the
machine, shall not exceed fifty-two (52) inches, unless such machines are
to be placed adjacent to a wall or building. The dimensions of the case
shall not exceed twenty-eight (28) inches in width and eighteen (18)
inches in depth:
�f Such other requirements consistent with the foregoing standards which
the City Engineer may reasonably determine are necessary to protect
public safety_
• Sec. 19-199. Design and construction requirements -- Blinder racks
Any publication vending machine located on public sidewalks or parkways or
public places which contains material harmful to minors shall have a blinder rack
attached in such a manner as to shield from view the lower two-thirds of the
material contained in the machine.
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Sec. 19-200. Placement standards -- Generally.
• Any publication vending machine which rests in whole or in part upon, in, or over
any public sidewalk or parkway shall comply with the standards set out in this
Article.
Sec. 19-201. Placement standards -- Required clearances.
Lal No publication vending machines shall be installed, used or maintained:
M Within four (4) feet of any marked crosswalk;
Q Within fifteen (15) feet of curb returns and driveway approaches;
Within four (4) feet of any fire hydrant, fire call box or other
emergency facility;
Within four (4) feet ahead and twenty-five (25) feet to the rear of
any sign marking designated bus stop;
JQ Within four (4) feet of any bus bench;
n Within four (4) feet of any transit shelter;
In any location used, marked, or posted for public utility purposes,
public transportation purposes, or government use;
Within four U feet of poles, posts, traffic signs or signals,
mailboxes, trees, mechanical sidewalk cleaning machinery, or other
objects legally permitted;
Where placement interferes with the reasonable use or utility for
display purposes of any display window of any building abutting the
sidewalk or parkway, but in no event within four (44) feet of such
window;
Within four (4) feet of any designated loading zones;
Where placement interferes with or impedes the flow of vehicular
or pedestrian traffic, but in no event at any location where the clear
space for the passageway of pedestrians or handicap access is
reduced thereby to less than four (4) feet; or
Where placement obstructs, interferes with, or impedes access to
or the use of abutting property, including but not limited to,
residences, places of business, or legally parked or stopped
vehicles.
Notwithstanding any other paragraph of this section, no person shall
• install, use, or maintain any publication vending machine where placement
endangers the health or safety of persons or property_
Sec. 19-202. Placement standards -- Proximity to curbs and
structures.
Publication vending machines shall only be parallel to the curb and shall
be situated not less than eighteen (18) inches nor more than twenty-four
(24) inches from the face of the curb or placed adjacent to the wall of a
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building shall be placed parallel to such wall and not more than six (6)
inches from the wall.
Machines exceeding fifty-two (52) inches in height may only be placed
adjacent to a wall or building.
f cl No such machine shall be placed or maintained on the sidewalk or
parkway opposite another publication vending machine or group of such
machines, nor in such a manner that prevents pedestrians from passing
freely and without obstruction along any sidewalk or through any marked
or unmarked crosswalk.
Sec. 19-203. Placement standards -- Attachment.
No publication vending machine shall be bolted or otherwise attached to property
not owned by the owner of such machine or to any fixed object, unless the
custodian of such machine has first obtained the written permission of the owner
of the object to which the machine is affixed.
Sec. 19-204. Placement standards -- Joining machines together.
Publication vendina machines may be bolted or welded to one another, provided
no more than three (3) such machines maybe joined together in this manner
and an area of no less than four (4) feet of clear space shall separate each
group of three (3) or less such machines so attached from any other publication
vending machine or group of machines.
Sec. 19-205. Maintenance standards.
Any publication vending machine which rests in whole or in part upon, in, or over
any public sidewalk or parkway shall comply with the following maintenance
standards:
(a) Each machine shall be maintained in a clean and neat condition, and in
good repair, at all times. Any graffiti shall be removed week. The
machines and mounting shall be totally repainted at least once every two
years or up to once every five years depending upon the quality of the
paint as determined by the City Engineer.
No machine shall be abandoned. A machine shall be deemed to be
abandoned when no new publication has been placed in such machine
for a period of sixty (60) consecutive days.
(c) Any person removing or causing the removal of a machine shall be
responsible for the prompt repair of any resulting damage including the
filling in of any holes left in the sidewalk or parkway, such work to be
done to the satisfaction of the City Engineer, at no cost to the City.
• Sec. 19-206. Information to be attached to machine.
Every person or custodian who places or maintains a publication vending
machine which in whole or in part rests upon in or over any public sidewalk or
parkway within the City shall have his/her or its name address and telephone
number affixed thereto in a place where such information may be easily seen by
anyone using the machine and shall comply fully with the provisions of Section
17570 of the Business and Professions Code of the State of California as it
existed on the effective date of this section or as it may be hereafter amended
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April 19, 1994
Sec. 19-207. Noncompliance with this Article.
Any publication vending machine in violation of this Article may be determined
to be a public nuisance as defined in Chapter 15 subject to administrative
procedures maintained therein.
Sec. 19-208. Business permit required.
No person or custodian, whether as a principal or agent, clerk or employee,
either for himself/herself or any other person, or as an officer of any corporation
or otherwise shall place or permit the placement of any publication vending
machine in any location within the City unless either the publisher or the
distributor of the publication or the person placing the machine upon the
sidewalk or parkway has a valid business permit issued pursuant to Chapter 14
of the City Code or otherwise is exempted from such requirement.
Sec. 19-209. Authority of the City Engineer to promulgate rules and regulations.
The Citv Enaineer may promulaate rules and regulations, not inconsistent with
the provisions of this Article, which he/she deems necessary to properly exercise
his/her jurisdiction. All such rules and regulations shall be kept in the office of
said Citv Enaineer. and a copv thereof shall be furnished to anv applicant upon
request.
Sec. 19-210. Authority of City Engineer to delegate duties.
The City Engineer may authorize any person or department in the employ of the
City to assist or take over any of the duties or responsibilities assigned to the
City Engineer by this Article.
Sec. 19-211. Amortization
Publication vending machines in existence prior to the effective date of this
Article shall comply with the requirements set forth herein within 12 months of
said date, except that blinder racks as required under Sec. 19-199 shall be
installed within one month of said date. The City Engineer shall establish rules
and regulations to accomplish amortization. Said rules and regulations shall be
adopted by City Council resolution.
Section No. 2. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jursidiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance and each section, subsection, sentence, clause, phrase,
or portion thereof, irrespective of the fact that any one or more sections, subsections,
phrases, or portions be delcared invalid or unconstitutional.
Section No. 3. This project is a categorical exemption (Class 5 -Minor Alteration
in Land Use Limitations) pursuant to Section 15305 of the California Environmental
• Quality Act (CEQA) of 1970, as amended, in that it consists of changes to land use
regulations that will not result in any changes to the land use or density.
Section 4. This ordinance shall take effect 30 days after the date of its adoption
by the City Council of the City of West Covina.
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April 19, 1994
PASSED AND ADOPTED by the City Council of the City of West Covina at a
regular meeting held on the 191h day of Apri 1 19 94 .
Richard4stQ
n ,Mayor
City of vina
ATTEST:
Janet Berry, City Clerk
City of West Covina
STATE OF CALIFORNIA )
COUNTY- OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
I, JANET BERRY, City Clerk of the City of West Covina, DO HEREBY CERTIFY
that the foregoing Ordinance was adopted at a special regular meeting of the City
Council of the City of West Covina on the 19th day of Apri 1 19 94,
and was carried by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: Herfert, McFadden, Wong, Jennings
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Manners
ABSTAIN: COUNCILMEMBERS: None
C/
Janet Berry
City Clerk 614
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