This chapter shall be known as the "City of Big Bear Lake Placement and Maintenance of Newsracks on Private Property Ordinance."

(Ord. No. 2009-387, § 1, 3-23-2009)

The city council hereby finds and declares:

A.

The city has significant interests in: (1) promoting vehicular traffic and pedestrian safety and convenience on private property; (2) preventing visual clutter on private property, and (3) protecting the aesthetic character of an area by regulating the placement of newsracks on private property.

B.

The city has a substantial interest in promoting the public health, safety, welfare and convenience of its citizens, businesses and visitors by ensuring that areas on private property are not unreasonably obstructed by newsracks and that newsracks on private property are properly maintained.

C.

The city has a substantial interest in preserving and protecting the unique visual and aesthetic qualities of the city. To that end, and consistent with the city's general plan, the city desires to take steps to reduce the visual blight, pedestrian inconvenience and hazards associated with an unlimited number and design of newsracks on private property, poorly maintained newsracks on private property and the unrestricted and unregulated placement of newsracks on private property.

D.

Thus, the purpose of this chapter is to promote the public health, safety and welfare and the aesthetic qualities of the city by controlling the size, shape, construction and appearance of newsracks on private property, as a reasonable time, manner and place regulation, so as to:

1.

Provide for pedestrian and driving safety and convenience;

2.

Ensure that there is no unreasonable interference with the flow of vehicular and pedestrian traffic, including ingress and egress from any city residence, place of business or public facility, or any legally parked or stopped vehicles;

3.

Ensure compliance with Americans with Disabilities Act and improve passage for persons with disabilities by reducing impediments to passage caused by poorly-located newsracks;

4.

Reduce visual blight and clutter and litter problems associated with poorly maintained or improperly located newsracks;

5.

Advance the economic interests of the city merchants and other information providers, including those involved in the publication and distribution of newspapers and periodicals through newsracks;

6.

Protect the unique architectural, historical and aesthetic attributes of the city;

7.

Reduce exposure of the city, property owners and businesses to personal injury or property damage claims and litigation;

8.

Provide for public and property safety during emergency conditions; and

9.

Maintain and protect the values of surrounding properties.

E.

In adopting this chapter, the city council is mindful that newsrack regulations implicate rights protected by the First Amendment of the United States Constitution and article I, section 2 of the California Constitution. To that end, the city council hereby adopts these regulations and directs that their enforcement be conducted in a manner consistent with the constitutional rights of citizens and regulated parties.

F.

The city council further declares that allowing only newsracks on private property of a consistent design, placement and color in the city directly promotes the city's interests in promoting public safety, reducing visual blight and clutter, protecting the unique aesthetic and historical characteristics of the Village "L", and advancing the economic interests of the city merchants and other information providers.

(Ord. No. 2009-387, § 1, 3-23-2009)

For the purpose of this chapter, certain words and phrases are defined in this section, unless it is apparent from the context that a different meaning is intended:

A.

"Approved newsrack base or pedestal" means a pole-type pedestal constructed of metal material with a single flange at the bottom to be bolted into the ground or sidewalk.

B.

"Business day" shall mean Monday through Friday, inclusive, of every week excepting holidays for which the city is closed to official business.

C.

"Department" means the city planning department.

D.

"Director" shall mean the director of planning, city planner or his or her designee. The director is hereby designated as the administrative enforcement official for this chapter and may issue an order to correct, a notice of relocation, or a notice of removal pursuant to this chapter.

E.

"Harmful matter" has the meaning set forth in section 313 of the California Penal Code, or in any successor provision.

F.

"Hearing officer" means an independent person appointed by the city manager or his or her designee to serve as a hearing officer for appeal hearings.

G.

"Modular boxes" shall mean a kiosk-like structure that simultaneously houses a bank or banks of modular news-boxes. The device is be secured to a firm hard surface such as a concrete sidewalk with the use of anchor bolts or similar means.

H.

"Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, distribution or sale of newspapers or periodicals.

I.

"Off-premises advertisement" means any sign or placard advertising a business located on another parcel or more than 20 feet away from the sign or placard.

J.

"Parkway" means that area between the sidewalk and the curb of any public street, and where there is no sidewalk, that area between the edge of the public street, and the property line adjacent thereto. Parkway shall also include any area within a public roadway that is not open to vehicular travel.

K.

"Permit" means a permit issued pursuant to this chapter allowing the placement of a newsrack within a specifically designated area.

L.

"Person" means any individual, firm, company, corporation or other organization.

M.

"Public sidewalk" means any surface dedicated to the use of pedestrians by license, easement, operation of law or by grant to the city.

N.

"Public street" means all of that area dedicated to public use for public street and sidewalk purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.

O.

"Roadway" means that portion of a public street improved, designed or ordinarily used for vehicular travel.

P.

"Setback" shall mean the minimum required distance that a building, structure, parking area or other designated item must be located from a lot line.

Q.

"Village L" shall mean Village Drive from east of Paine Road to west of Knickerbocker Road, and Pine Knot Avenue from south of the entrance to Pine Knot Landing to north of Cameron Drive.

(Ord. No. 2009-387, § 1, 3-23-2009)

No person shall install, use or maintain any newsrack or other related structure on private property that projects onto, into or over any part of the roadway of any public street or that rests, wholly or in part, upon, along or over any portion of the roadway of any public street or public property, except in compliance with this Code.

(Ord. No. 2009-387, § 1, 3-23-2009)

No person shall install, use or maintain any newsrack on private property within the city when such installation, use or maintenance endangers the safety of persons or property, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, or the ingress into or egress from any residence or place of business.

(Ord. No. 2009-387, § 1, 3-23-2009)

A.

No person shall install or maintain any newsrack on private property within the city without first obtaining a permit from the department under this chapter.

B.

Applications for permits for newsracks shall be processed and considered for approval by the planning department, and shall contain the following as to each newsrack:

1.

The name, address, telephone number (and facsimile or electronic mail address, if available) of the owner of the newsrack;

2.

The name, address, telephone number (and facsimile or electronic mail address, if available) of the responsible person whom the city may notify or contact at any time concerning the newsrack;

3.

The exact proposed location of the newsrack by specific street address (county assessor's parcel number, if no such address exists), and a scaled map (with distances shown) that clearly identifies the precise location of the proposed newsrack, including all improvements, structures and items that are necessary to determine site distances as set forth in this chapter, and any and all items as determined necessary by the director;

4.

A color photograph and model number of the type of newsrack being used;

5.

The written permission of the property owner on which the newsrack is to be installed;

6.

The name of the publication to be contained in each newsrack;

7.

A hold harmless agreement pursuant to section 17.04.100;

8.

A written agreement to adhere to each provision of this chapter; and

9.

Any required fees, as established by ordinance or resolution of the city council.

C.

The director of planning shall be provided a copy of each completed newsrack application within ten business days following the department's receipt of such application. The director of planning shall review all completed applications for newsrack permits requested under this chapter for consistency with the technical aspects of this chapter. The findings required in subsection 17.12.030 B. shall not apply to an application filed pursuant to this chapter, and the director shall grant a permit if the technical aspects of this chapter are met.

D.

The issuance or granting of a newsrack permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the city shall not be valid.

E.

The issuance of a permit based on plans and other data shall not prevent the director from thereafter requiring the correction of errors in said plans or data or from preventing operations being carried on when in violation of this Code or of any other ordinance of the city.

F.

Any newsrack permit issued on the basis of incorrect information or a fraudulent representation shall be void.

(Ord. No. 2009-387, § 1, 3-23-2009)

A.

A request for a newsrack permit shall be submitted on a form provided for that purpose by the planning department. Approval shall be by administrative review without a public notice.

B.

A newsrack permit shall be granted as an accessory use only, as defined in section 17.02.030 of the city development code.

C.

All individual newsracks shall be registered with the city planning department.

(Ord. No. 2009-387, § 1, 3-23-2009)

A permit is valid for one calendar year from the date of issuance. If a permittee is in compliance with this chapter, a permit may be renewed for each successive calendar year by the filing of a complete city renewal application at any time 60 days prior to the date of expiration, paying any applicable permit renewal fee, and approval by the director.

(Ord. No. 2009-387, § 1, 3-23-2009)

A permit issued for the installation of any newsrack on private property shall comply with the following installation standards:

A.

All newsracks shall comply with the American with Disabilities Act, and no newsrack shall exceed 48 inches in height, including the base, 30 inches in width, or two feet in depth.

B.

All newsracks, including the base and tray structure at the same location, must be uniform in dimensions, design, color, construction and made of metal but not wire metal. Base pedestal and/or tray structure shall be a matching color or black.

Exception: Free distribution pedestal boxes measuring a minimum of 36 inches high, ten inches wide, and 12 inches deep shall be allowed if installed adjacent to each other. All other provisions of this chapter shall apply.

C.

Newsracks shall be painted a bronze anodized color including the base and tray structure. Notwithstanding the foregoing sentence, newsracks may have one side of the newsrack that displays the newspaper or periodical made of plexiglass or other transparent, non-shattering material; provided however, that all other standards, including, without limitation, the limit on lettering contained in subsection 17.04.090 D. shall remain applicable.

D.

Newsracks shall only be placed adjacent to a curb or adjacent to the wall of a building. Newsracks placed adjacent to the curb shall be placed no fewer than 18 inches and no more than 24 inches from the back edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.

E.

Except as set forth herein, no newsrack shall be chained, bolted or otherwise attached to any property without the written permission of the owner or person in lawful possession of the property. Each newsrack shall be installed on an approved newsrack base, shall be securely attached to the sidewalk or ground with hardware and in a fashion approved by the building official in the exercise of safe engineering practices.

F.

Newsracks shall be placed immediately adjacent to each other either in groups of individual units or in modular boxes whether placed on a single pedestal or on a multiple pedestal tray mount system. The area dedicated for new racks shall not exceed 12 feet in width and two feet in depth for each location.

G.

Without limiting the provisions of section 17.04.040, and except as explicitly indicated herein, no newsrack shall be placed, installed, used or maintained on private property when such newsrack is:

1.

Within 15 feet of any marked crosswalk;

2.

Within 15 feet of the curb return of any unmarked crosswalk;

3.

Within five feet of any fire hydrant, utility pole, traffic signal controller, traffic signals, or other emergency facility;

4.

Within three feet of any utility meter, traffic control sign post, manhole, service box, parking meter, street light pole or other utility;

5.

Within ten feet of any driveway or alley approach;

6.

Within five feet ahead of, and 15 feet to the rear of any sign marking a designated bus stop;

7.

Within six feet of any bus bench or bus shelter;

8.

At any location where the clear space for the passageway of pedestrians, other than between permitted groups of newsracks, is reduced to fewer than four feet;

9.

Within three feet of any permitted sidewalk dining area or area improved with lawn, flowers, shrubs or trees, or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes;

10.

Within the boundary of a valet parking zone or any loading/unloading zone;

11.

At any location where street or outdoor furniture may not generally be installed because of potential harm to subterranean structures;

12.

Within any zone designated as residential within the city;

13.

More than ten inches from another newsrack occupying the same location or pedestal; or

14.

Adjacent to any area where the director has previously determined that the location would constitute a hazard or would otherwise endanger life or property.

H.

Only one newsrack location shall be approved on any one parcel, or if one parcel contains more than 200 lineal feet of retail storefront one newsrack location will be allowed for each 200 lineal feet of retail storefront in any one direction.

I.

No group of newsracks shall extend more than 12 feet along any curb, building wall or other area.

J.

Newspapers or publications may only be attached or placed for display on one side of any newsrack, including, without limitation, any newsrack permitted to have side containing Plexiglas or other non-shattering transparent material.

K.

Newsracks shall not be permitted in:

1.

Required setbacks;

2.

Open space areas;

3.

Landscaped areas;

4.

Snow storage areas; or

5.

Any area where the placement of the newsrack would cause the allowable building coverage to be exceeded.

(Ord. No. 2009-387, § 1, 3-23-2009; Ord. No. 2021-494, § 4(Exh. 1), 8-16-2021)

Every person issued a permit for a newsrack under this chapter shall observe and comply with the following standards, and any person failing to observe these standards shall be liable for civil, criminal and administrative remedies, and administrative penalty citations as set forth in this Code for each calendar day or portion thereof that such newsrack remains in violation:

A.

Each newsrack shall be maintained and serviced so that it is free of:

1.

General dirt and grease;

2.

Chipped, faded, peeling, and cracked paint, or on all visible painted areas;

3.

Rust and corrosion on all visible unpained metal areas;

4.

Cracks, dents, blemishes, and discoloration in the clear Plexiglas or other transparent material, if any, through which publications are viewed;

5.

Tears, peeling, or fading in the paper or cardboard parts and inserts;

6.

Broken and misshapen structural parts; and

7.

Graffiti, stickers, and etchings.

B.

Each newsrack, including any coin-return mechanism, shall be mechanically operable.

C.

Newsracks shall contain current editions of the publication as stated in the application for the permit.

D.

No newsrack shall be used for off premises advertising signs other than the following:

1.

A single, one line, identification of the name of the newspaper or periodical located within the newsrack shall be permitted for each newsrack. Such identification shall be limited to any one side of the newsrack. Identification lettering shall not exceed three inches, shall be printed in white color and shall be centered at four inches from the top of the newsrack.

2.

A single, removable promotional placard shall be permitted for each newsrack so long as the placard does not contain an off-premises advertisement. Permitted placards, if not weather proof, must be changed no less often than once every 14 calendar days. The same placard may not be used more than once in any consecutive three-month period. The name of the newspaper or publication shall be allowed behind the placard space and shall comply with the lettering requirements in subsection 17.04.090 D.1.

E.

No newsrack shall remain empty for a period of 30 consecutive calendar days or longer.

F.

No newsrack may contain a publication other than the one listed on the permit application. The applicant may add or remove publications from a permit or permit renewal by making application to the department and providing the information set forth in subsection 17.04.060 B. No additional application fee shall be required for such publication replacement.

G.

Each newsrack will have and maintain on it the name, address, telephone number (and facsimile or electronic mail address, if available) of the person identified in section 17.04.060 B.2., as well as the permit number affixed to the newsrack in a place and in a manner required by the director. Upon the removal of any newsrack or newsrack base for which a permittee has been issued a permit, that permittee shall notify the director of such removal, in writing, within 15 days of such removal.

H.

Except as set forth herein, permits shall not be sold or transferred other than as a part of the sale of all of the assets of the permittee. Any other attempted sale or transfer shall be unlawful and shall void the permit.

I.

When use of a newsrack is permanently discontinued, the newsrack shall be removed and the location restored to its previous condition, including, but not limited to, repair of any portion of the ground or sidewalk damaged by the newsrack or its removal and removal of any protruding bolts or other fasteners, according to specifications provided by the director, in the exercise of safe engineering practices.

(Ord. No. 2009-387, § 1, 3-23-2009)

A condition for issuance of a permit pursuant to this chapter is that every permittee agrees to defend, indemnify and hold harmless the city, its officials, officers, agents and employees, from any loss or liability or damage, 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 the applicant's newsrack within the city, and the permit application shall include an indemnification provision consistent with this section and approved by the city attorney.

(Ord. No. 2009-387, § 1, 3-23-2009)

Harmful matter shall not be exhibited, displayed, sold or offered for sale in any newsrack located in a public place without adult supervision, other than a public place form which minors are excluded. A newsrack shall be considered to be "supervised by an adult" when either of the following measures are taken to restrict access to harmful matter by persons under 18 years of age: (1) the person receiving the harmful matter is required to use an authorized access or identification card to the newsrack and the owner of the newsrack has taken reasonable measures to assure that the card is issued only to persons 18 years old or older and has established a procedure to immediately cancel the card of any person after receiving notice that the card has been lost, stolen or used by persons under 18 years of age, or that the card is no longer desired; or (2) the owner of the newsrack requires the person using the newsrack to retrieve the harmful matter to use a token and takes reasonable measures to ascertain that only those people who are 18 years of age or older obtain tokens for the newsrack. Persons wishing to use newsracks for the display of harmful matter shall be responsible for paying all administrative and other costs for retrofitting the newsrack and other associated hardware to comply with this section.

(Ord. No. 2009-387, § 1, 3-23-2009)

Upon determination by the director that a newsrack for which a person has been issued a permit has been installed, used or maintained in violation of the provisions of this chapter, including, without limitation, failure to observe any term or condition of the permit or not meeting any condition related to priority for the location of any permit, the director may issue an order to correct, identifying the violation(s) and directing their correction or the removal of the offending newsrack. If, within ten business days following the service of the order to correct, all of the violations listed in the order to correct are not corrected or the newsrack is not removed in accordance with this chapter, the city may cause the correction, removal and disposal of the violating newsrack. The city shall not enforce an order to correct while any administrative appeal of that order to correct or a judicial action challenging the order to correct is pending.

(Ord. No. 2009-387, § 1, 3-23-2009)

A permit issued under this chapter shall not substitute for any land use permit otherwise required under this Code.

(Ord. No. 2009-387, § 1, 3-23-2009)

A.

Except in compliance with chapter 12.60, newsracks outside of a building shall not be permitted within the "Village L."

B.

Any exterior newsrack proposed on a side street of Village Drive and Pine Knot Avenue shall be located a minimum of 50 feet from the intersection of those streets as measured from the edge of the public right-of-way. All other provisions of this chapter shall also apply to any such newsrack.

(Ord. No. 2009-387, § 1, 3-23-2009)

A.

Any person or entity aggrieved by a finding, determination, notice, action or failure to act taken under the provisions of this chapter may appeal such finding, determination, notice, action or failure. An appeal must be perfected within three business days after receipt of notice of any protested finding, determination, notice, action or failure to act by filing with the director a letter of appeal briefly stating therein the basis for such appeal.

B.

A hearing before the hearing officer shall be held on a date no more than 15 business days after receipt of the letter of appeal, unless appellant requests a longer time period. Appellant shall be given at least five business days notice of the time and place of the hearing. The hearing officer shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the finding, determination, notice, action or failure to act should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the matter appealed. At the conclusion of the hearing, the hearing officer shall make a final and conclusive determination, setting forth, in detail, the hearing officer's findings and conclusions.

C.

Notwithstanding any provision in this Code to the contrary, the hearing officer's decision shall be appealable to the planning commission pursuant to the procedures set forth in section 12.60.200.

D.

Pursuant to California Code of Civil Procedure section 1094.8, subdivision (c), the city hereby designates actions relating to newsrack permits provided for in this chapter as eligible for expedited judicial review pursuant to Code of Civil Procedure section 1094.8.

E.

All notices required by this chapter to be given by the city to persons with an interest in any newsrack or publication located therein shall be given by first class mail, return receipt requested to the person and at the address provided in subsection 17.04.060 B.1. Service of notices pursuant to this chapter shall be deemed effective upon the earlier of the following: (1) deposit of written notice, properly stamped and addressed into the custody of the United States postal service, or (2) actual receipt by the recipient.

(Ord. No. 2009-387, § 1, 3-23-2009)

Every person required to obtain a permit under the provisions of this chapter shall obtain that permit within 180 days following the effective date of this chapter, meeting all requirements of this chapter except for the uniformity requirement of subsection 17.04.080 B. and the requirements of subsection 17.04.080 C. All newsracks shall meet all requirements of this chapter within three years following the effective date of this chapter. Newsracks made of plastic, wood or wire metal shall be removed within 180 days following the effective date of this chapter. Any newsrack not brought into conformance within such time periods shall be removed by the newsrack owner, the property owner or person in lawful possession of the subject property. New or replaced newsracks shall comply with all requirements of this chapter.

(Ord. No. 2009-387, § 1, 3-23-2009)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter is guilty of a misdemeanor.

(Ord. No. 2009-387, § 1, 3-23-2009)

A.

Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise herein made, shall be punishable by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months or by both such fine and imprisonment.

B.

Any person found liable for a civil penalty for any violation of this chapter shall be required to pay a civil penalty provided on the schedule of penalties, late payment penalties, administrative fees and other related fees, costs and charges as shall be established by ordinance or resolution of the city council.

(Ord. No. 2009-387, § 1, 3-23-2009)

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 2009-387, § 1, 3-23-2009)