HomeMy WebLinkAbout83-25 - Newspaper Racks & StandsRESOLUTION NO. 83 -25
• RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING REVISIONS TO THE RULES
& REGULATIONS PROMULGATED BY THE CHIEF OF
POLICE REGARDING NEWSPAPER RACKS & STANDS
WHEREAS, the City Council of the City of Newport Beach
has empowered the Chief of Police to promulgate standards, rules
and regulations relative to the installation, number, location
and type of newspaper racks and stands permitted within the City
of Newport Beach; and
WHEREAS, the Chief of Police has recently revised the
standards, rules and regulations relative to newspaper racks and
stands and a copy of the revised rules and regulations is
attached to this Resolution as Exhibit "A "; and
WHEREAS, the City Council of the City of Newport Beach
has reviewed those standards, rules and regulations and has found
that the revised rules and regulations further the public
interest in that:
1. The requirement that newspaper racks and stands be dark
brown woodgrain and uniform in appearance, eliminates
the hazards to motorists and pedestrians posed by racks
which may be colored or painted in such a manner that
diverts the attention of motorists or pedestrians, which
inattention could result in serious accidents; and
2. The requirement of uniform appearance will enable the
Police Department to more easily enforce rules and
regulations relative to newspaper racks and stands; and
3. The requirement of uniform appearance will promote the
. aesthetics of the public streets and sidewalks
maintained by the City of Newport Beach; and
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WHEREAS, the City Council of the City of Newport Beach
has determined that the revised standards, rules and regulations
promulgated by the Chief of Police do not unduly discriminate
against, regulate, or interfere with the publication,
circulation, distribution or dissemination of any newspapers; and
WHEREAS, the City Council of the City of Newport Beach
has found that the proposed standards, rules and regulations are
fair and equitable and are the most restrictive means available
to accomplish the public purposes sought to be achieved;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that pursuant to the provisions of
Section 5.70.040 of the Newport Beach Municipal Code, the City
Council of the City of Newport Beach hereby approves and adopts
the standards, rules and regulations promulgated by the Chief of
Police for the installation, number, location and type of
newspaper racks and stands permitted within the City of Newport
Beach, all as set forth in Exhibit "A" to this Resolution..
ATTEST:
C -ity. Clerk
RSP /News
ADOPTED this 28th
day of February , 1983.
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CITY OF NEWPORT BEACH
POLICE DEPARTMENT
January 28, 1983
TO: Whom It May Concern
FROM: Chief of Police
SUBJECT: RULES AND REGULATIONS /NEWSPAPER RACKS
Section 5.70.030 of the ordinance adding Chapter 5.70 to the Municipal Code
pertaining to the regulation of newspaper racks provides that rules, regula-
tions, and standards be promulgated by the Chief of Police. Additionally,.
the Chief of Police, upon a finding that the newspaper distributor has com-
plied with these rules and regulations, shall grant authorization as provided
by the ordinance.
This is to establish said rules, regulations, and standards, as well as a
procedure for newspaper distributors to obtain authorization in compliance
with the ordinance.
The type of newspaper rack, stand, container or similar newspaper vending
device to be installed upon any sidewalk, street, parkway, or any other public
property or right -of -way shall be similar in design and appearance, but not
limited to, the K -Jack Model 100 mini -view in wood grain only, with the
permanent style mount, and shall be bolted permanently in place with Hilti
or similar type bolts. Piggy -back type racks which are similar in appearance
to the above mentioned rack may be acceptable under some circumstances.
The type of rack and location of the installation shall be approved by the
Chief of Police prior to any such installation in order to provide adequate
safety for pedestrians and motorists. In order to ensure esthetic value to
the community, racks shall be maintained in good condition at all times.
Advertisement of any type is prohibited with the exception of the name of
the publication being dispensed, which may be displayed on the clear front
door panel only.
Newspaper distributors shall make application to the Police Department on a
form provided by the Police Department for each installation. The application
shall contain such information as may be deemed necessary by the Chief of
Police, including but not limited to, the location and type of newspaper rack
or racks to be installed. Upon a finding by the Chief of Police that the
newspaper distributor has complied with the rules and regulations, he shall
grant authorization for installation of said newspaper racks.
The standards, rules, and regulations promulgated by the Chief of Police will
become effective thirty (30) days after adoption by resolution of the City
Council.
• ; � if l j ,( � �t ��-
Charles R. Gross
Chief of Police
EXHIBIT A