HomeMy WebLinkAboutORD-16-04 Amend Ch 5.92- News Racks RegulationsORDINANCE NO. 16-
04 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 5.92
OF TITLE 5 OF THE ORANGE MUNICIPAL
CODE RELATING TO REGULATIONS FOR NEWS
RACKS ON PUBLIC
PROPERTY.WHEREAS, Chapter 5,92 of the Orange Municipal Code sets forth the City'
s news rack regulations;
and WHEREAS, the purpose of this ordinance is to clarify existing
regulations governing news rack placement on public property to provide for annual
renewal of news rack permits and to provide for more efficient enforcement of
current
regulations,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:Subsection A of Section 5,92,030 of the Orange Municipal Code is hereby
deleted in its entirety and replaced with the following new Subsection A, to read in full
as
follows:A. No person shall install, relocate, replace, use or maintain any
news rack which in whole or in part rests upon, in or over any public
right-of-way Ullless such news rack is placed upon a facility installed
or approved by the City and unless a permit has been obtained from the
Director of Public Works or his designee, in accordance with
this chapter.
SECTION II:A new Subsection C is hereby added to Section 5,92,030 ofthe
Orange Municipal Code, to read in full
as follows:C, Any permit retained under this section shall expire within one (
1) year of the date of issuance and shall be
renewed annually,
SECTION III:
Section 5,92,060 of the Orange Municipal Code is hereby deleted in its entirety
and replaced with the following new Section 5,92,060, to read in full as follows:
5.92.060 News Rack Specifications,
Any news rack which in whole or in part rests upon, in or over any public
right-of-way shall comply with those specifications contained in the
City's Standard Plans and Specifications, which are on file with the
Director of Public Works, as the same may be amended from time to time.
In addition to the City's Standard Plans and Specifications, no news rack
shall be chained, bolted or otherwise attached to any property not owned
by the owner of the news rack or to any permanently fixed
object; provided,however, that the news rack may be securely anchored to the
ground
or sidewalk,
SECTION IV:Section 5,92,090 of the Orange Municipal Code is hereby deleted in
its entirety and replaced with the following new Section 5,92,090, to read in full
as follows:5.92.090 News Rack
Identification Required,Every person or entity which places, maintains, relocates or
replaces a news rack along any street in the City shall have the permit issued
by the City affixed thereto in a place where such permit may be easily
seen from
the street.
SECTION V:Subsection A of Section 5.92,100 of the Orange Municipal Code is hereby
repealed in its entirety and replaced with the following new Subsection A, to read in full
as follows:A, Except as provided in Section 5,92,100 or Section 5.92.140
of this chapter, whenever the Director of Public Works is advised that
a news rack has been installed or is being maintained in violation of
this Chapter,he shall cause the person in whose name the news rack is permitted
to be notified, Such notice shall state the nature of the violation, the
intention to impound the news rack if the violation is not corrected or a hearing
is not requested before the Director of Public Works or his designee,
within ten 10) days after the giving of such notice, and the procedure
for requesting such a hearing, A timely request for a hearing shall stay
any impounding,provided that if the violation is upheld and not corrected within
five days after the decision at such hearing becomes final, the Director
of Public Works may impound the news rack in accordance with subsection
B of Section 5,92,100 of
this
SECTION VI:
Section 5.92,130 of Chapter 5,92 of the Orange Municipal Code is hereby deleted in
its entirety and replaced with the following new Section 5,92,140, to read in full as follows:
5.92.130 Applicability of Chapter.
The provisions of this Chapter shall apply to all news racks, whether
installed and maintained prior to or after the effective date of any of its
provisions, Those news racks installed prior to the effective date of any
provision enacted hereunder shall be brought into compliance with this
Chapter within one year of the effective date thereof."
SECTION VII:
Section 5,92.140 of Chapter 5,92 of the Orange Municipal Code is hereby deleted in
its entirety and replaced with the following new Section 5,92.140, to read in full as follows:
5,92.140 Removal of News Rack for Which No Permit Exists,
If no permit has been obtained for a news rack that is located in a public
right-of-way or other public property or no permit is affixed to
the news rack or the permit has expired, it may be removed
immediately and processed as set forth in subsection B of Section 5,92,100 of
this chapter.
SECTION VIII:Should any section, subsection, clause, or provision of this Ordinance
for any reason be held to be invalid or unconstitutional, such invalidity
or wlconstitutionality shall not affect the validity or constitutionality of the remaining portions
of this Ordinance; it being hereby expressly declared that this Ordinance, and
each section,subsection, sentence, clause and phrase hereof would have been
prepared, proposed,approved and ratified irrespective of the fact that anyone or more
sections, subsections,sentences, clauses or phrases be declared invalid
or unconstitutional.
SECTION IX:A summary of this Ordinance shall be published and a certified copy of
the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (
5) days prior to the City Council meeting at which this Ordinance is to be adopted,
A summary of this Ordinance shall also be published once within fifteen (15) days
after this Ordinance's passage in a newspaper of general circulation, published, and
circulated in the City of Orange, The City Clerk shall post in the Office of the City Clerk
a certified copy of the full text of such adopted Ordinance along with the names of
those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933, This Ordinance shall take effect thirty (30) days from and
after the date of its
final
passage.3
ADOPTED this 8th day of June, 2004
IN /
of Orange
ATTEST:
Mary E, rp, City Cle ,City ange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E, MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 25th day of May, 2004, and thereafter at the regular meeting of said
City Council duly held on the 8th day of June, 2004, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
14 lLG<.-MaryE~
y, CitYCletK~~ge 4