August 10, 2000
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
Dear Supervisors:
Conduct a public hearing on the proposed ordinance which amends County Code Title 16.24 News Racks to streamline the initial application and renewal permit process and their associated fees and to modify certain aspects of the ordinance to enhance the effectiveness of the ordinance.
1. Find that the establishment of the revised fees are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080 (b) (8).
2. Adopt the enclosed ordinance.
The Honorable Board of Supervisors
August 10, 2000
Page 2
Division 1 of Title 16 of the Los Angeles County Code establishes certain regulations regarding the permitting of activities on public highways. It assigns to the Director of Public Works, acting in his capacity as Road Commissioner, the responsibility of administering
the highway permit system, issuing permits, furnishing engineering, and inspecting permitted activities. This ordinance will streamline the initial and renewal permit process for news racks and their associated fees. It also modifies certain requirements concerning the placement at news racks and correction of violations.
These amendments will streamline the processing of news rack permits and will allow for better control of the placement and maintenance of news racks on public highways. This amended ordinance will better protect the County's interests and enhance public health, welfare, and safety.
The amended fees, when approved, will offset the cost to issue news rack permits and to perform basic inspection and enforcement activities.
Funding for the issuance and renewal of annual news rack permits and for basic inspection and enforcement of the ordinance will come in part from the collection of the fees.
The Honorable Board of Supervisors
August 10, 2000
Page 3
This ordinance amends Chapter 16.24 of the Los Angeles County Code to revise the news rack ordinance to streamline the permitting process and to further clarify the placement, location, and conditions of news racks on public road right of way. Because this ordinance modifies existing fees, a public hearing is required pursuant to Government Code 66018. Notice of the hearing must be published pursuant to Government Code 6062a. These revised fees defray the cost of processing an application and issuing and renewing a permit. County Counsel has reviewed and approved this ordinance change.
Not applicable.
Not applicable.
This function is categorically exempt pursuant to Class 1, Subsection (x)26, of the Environmental Reporting Procedures and Guidelines adopted by your Board of November 17, 1987.
The Honorable Board of Supervisors
August 10, 2000
Page 4
Please return one approved copy of this letter and the ordinance to the Department of Public Works.
Respectfully submitted,
HARRY W. STONE
Director of Public Works
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cc: Chief Administrative Officer
County Counsel
Office of Affirmative Action Compliance
This ordinance amends Title 16.24 - News Racks of the Los Angeles County Code by streamlining the initial application and renewal permit process and their associated fees. This ordinance also modifies certain requirements concerning the placement of news racks and the process to notify permittees of news rack violations.
LLOYD W. PELLMAN
County Counsel
By
DAVID J. MICHAELSON
Principal Deputy County Counsel
Public Works Division
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8/3/00
i:dm\1624 ord analysis
An ordinance amending Title 16 - Highways of the Los Angeles County Code, relating to placement of news racks in public highways.
The Board of Supervisors of the County of Los Angeles ordains as follows:
application on forms provided by the director, which may require any of the information described in sections 16.08.010 and 16.08.020 of this division, the director shall issue the applicant an annual news rack permit for each requested news rack or group of news racks as defined in section 16.24.070 D that meets all of the requirements of this chapter. Notwithstanding any other provision of this Division 1, the director may not refuse to issue a news rack permit properly applied for. Each application must be accompanied by a site map showing the width of the sidewalk and the location of each proposed news rack installation and any and all structures, encroachments or objects of any kind or character located within 25 feet of the proposed installation including, but not limited to, traffic signals, street light poles, fire hydrants, bus benches, utility poles, telephones, building entrances, driveways and parking meters. Each application shall be accompanied by a nonrefundable permit application fee of $40.00 for each proposed news rack or $52.00 for each proposed group of two news racks or $64.00 for each proposed group of three news racks. If the permit for the placement of a new news rack or new group of news racks is issued after the beginning of the calendar year, then the fee shall be reduced by $1.00 per news rack for each month less than the full calendar year. The fee shall offset the costs of administration and inspection services incurred by the director in connection with the review of the application and the costs of monitoring and enforcing the news rack ordinance. Each news rack or group of news racks proposed to be placed or maintained on or projecting onto any highway shall require a separate permit. On July 1st of each year the fee imposed by this section shall be adjusted as follows: Calculate the percentage movement between April of the previous year and April of the current year in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles, Anaheim and Riverside areas, as published by the United States Government Bureau of Labor Statistics, adjust the fee by said percentage amount and round to the nearest dollar. No adjustment shall increase or decrease the fee to an amount more or less than the amount necessary to recover the cost of providing the services. If it is determined that the reasonable amount necessary to recover the cost of providing the services exceeds this adjustment, the director may present fee proposals to the board of supervisors for approval. No permit issuance fee shall be required for the issuance of a permit for a news rack or group of news racks.
A. The permittee’s name, address, and phone number as required by Business and Professions Code section 17570; and
B. The permittee’s permit number and the director’s enforcement telephone number using tags provided by the director.
maintained on or projecting onto any highway shall comply with the following standards and requirements:
A. No news rack shall exceed 48 inches in height, 30 inches in width, or two 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 closer than 18 inches to the face of the curb and no farther than 24 inches from the face of the curb, measured from the curb face to the nearest point on the news rack. News racks placed adjacent to the wall of a
building shall be placed parallel to such wall and not more than six inches from the wall.
C. No news rack shall be chained or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object, unless the permittee shall have first obtained the written permission of the owner of the object to which the news rack is affixed. News racks shall be bolted to the sidewalk, unless otherwise approved by the director. Upon removal of a news rack, the permittee shall fully restore the sidewalk to its original condition. No news rack shall be chained or attached to loose objects including but not limited to, bricks, rocks, cinder blocks, pipes or other such objects.
D. News racks may be chained or otherwise attached to one another; however, no more than three news racks may be joined together in this manner (“group of news racks”), and a space of no less than 42 inches shall separate each group of
news racks so attached, unless the news racks are placed adjacent to the wall of a building.
E. No news rack or group of news racks shall be placed, installed, used or maintained at any location:
1. Within five 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, fire call-box, police call-box, or other emergency facility;
4. Within five feet of any driveway;
5. Within five feet in front of, and within 25 feet to the rear of, any sign or pavement markings designating a bus stop, measured parallel to the flow of traffic;
6. Within six feet of any bus bench;
7. Which causes, creates or constitutes a traffic hazard;
8. Which unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property;
9. Which will endanger persons or property;
10. Which will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the highway;
11. Where the clear space for the passage of pedestrians is reduced to less than 42 inches;
12. Within 42 inches of any sidewalk obstruction which shall include, but not be limited to, traffic signals, street light poles, trees, sign posts, telephones and utility poles;
13. Where a curb is painted blue, yellow or white;
14. Within three feet of any display window of any building abutting the highway or in such manner as to impede
or interfere with the reasonable use or visibility of such window for display purposes;
15. Which obstructs the motoring public’s view of pedestrians or traffic and parking signage;
16. Within 100 feet of any other news rack or group of news racks on the same side of the street containing the same edition of the same publication, unless the permittee can demonstrate to the director that the demand for such publication within such 100 feet requires an additional news rack or racks. The total number of news racks within such 100 feet shall not exceed the maximum number of news racks allowed by subsection I of this section.
F. No news rack shall be used for advertising or publicity
purposes other than for the display, sale or purchase of the publication sold therein.
G. Each news rack shall be maintained in a clean and neat
condition and in good repair at all times. Each news rack shall be serviced and maintained so that:
1. It is free of dirt, grease, and graffiti;
2. It is free of chipped, faded, peeling and cracked paint in the visible areas thereof;
3. It is free of rust and corrosion in the visible areas thereof;
4. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed, are unbroken and free of cracks, dents, blemishes and discoloration;
5. The paper or cardboard parts or inserts thereof are free of tears, peeling or fading;
6. The structural parts thereof are not broken or misshapen.
H. No more than six news racks shall be permitted within a
space of 100 feet on the same side of any highway where vehicles are allowed to park, load, unload or stand for any period of time.
The sheriff or the director or their designates:
A. May immediately correct any violation of section 16.24.070, and shall do so without impounding if such correction can be accomplished simply, easily, quickly and without expense;
B. May, notwithstanding any other provisions of this Division 1, immediately remove and impound any news rack in violation of this chapter if the violation is creating a dangerous or hazardous condition which cannot be corrected simply, easily, quickly and without expense. Notice of such action and the right to request a hearing in accordance with this chapter shall be mailed to the permittee, or person, if known, maintaining such news rack, within five working days after such action;
C. May notify the permittee of a news rack which is in violation of any provision of this chapter or any other applicable law, or notify the person, if known, who maintains such news rack, either in person or by mail, in the sheriff’s or director’s discretion, that unless the violation is corrected or a hearing requested within ten days of the date of the notice the news rack will be impounded;
D. May impound any news rack in accordance with the decision of any hearing requested pursuant to this chapter.
A. Request for Hearing. Any permittee or person maintaining a news rack which is in violation of this chapter may, at any time within 10 days of the date of the notice of violation, request in writing a hearing before the director.
B. Stay Pending Decision. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the decision is rendered, unless further stayed pending any appeal therefrom.
C. Conduct of Hearing. A hearing shall be held, unless continued by agreement, within five working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the news rack was in violation of this chapter or whether the news rack should be returned without payment of an impound fee.
D. Decision. A decision shall be rendered within five working days after the close of the hearing.
E. Notice of Decision. The director may give oral notice of the decision at the close of the hearing or may send notice of the decision by mail.
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