No person, whether as a principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place or maintain a news rack on or projecting onto a highway unless and until a news rack permit has been obtained from the director of public works or his designate (the “director”). (Ord. 98-0069 § 1, 1998: Ord. 11516 § 2 (part), 1977: Ord. 10816 § 3, 1973: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1201, 1940.)

Upon proper 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. (Ord. 2000-0058 § 1, 2000: Ord. 98-0069 § 2, 1998: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1203, 1940.)

The director may develop and issue guidelines implementing the provisions of this chapter. The director, in acting upon any application for a news rack permit or the renewal thereof, shall either approve, or approve with conditions, or deny the issuance or renewal of a permit based on the following principles and standards:
A. That the proposed use of the highway is in compliance with all applicable provisions of this chapter; and
B. That the proposed use of the highway is consistent, and does not unreasonably interfere, with the use of the highway right-of-way by other users and holders of other permits. (Ord. 98-0069 § 3, 1998: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1202, 1940.)

Each news rack permit shall expire at the end of the calendar year in which it was issued. The holder of multiple news rack permits may renew annually all news rack permits in one permit renewal application. A permit renewal application must be received by the director 30 days before the expiration of the permit or permits, comply with all of the requirements of this chapter and be accompanied by a nonrefundable permit renewal application fee of $28.00 in addition to $12.00 for each news rack permit to be renewed. 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. (Ord. 2000-0058 § 2, 2000: Ord. 98-0069 § 4, 1998: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1204, 1940.)

Every news rack permittee shall permanently affix to each news rack placed or maintained on or projecting onto any highway in a manner clearly visible from the street:
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. (Ord. 2000-0058 § , 2000: Ord. 98-0069 § 5, 1998: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1205, 1940.)

No person shall place or maintain any news rack on or projecting onto any portion of the highway on which vehicles travel. (Ord. 98-0069 § 6, 1998: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1206, 1940.)

News racks placed or 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 H 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. (Ord. 2000-0058 § 4, 2000: Ord. 98-0069 § 7, 1998: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1207, 1940.)

Publications offered for sale from news racks placed or maintained on or projecting onto the highway shall not be displayed or exhibited in a manner which exposes to public view from the highway any of the following:
A. Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront;
B. Any picture or illustration of genitals, pubic hair, perineums, anuses, or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront;
C. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront. (Ord. 98-0069 § 8, 1998: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1208, 1940.)

A. No harmful matter as defined in Section 313 et seq. of the Penal Code shall be displayed on any highway without the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view.
B. This section shall not apply to news racks that are placed or projected upon public highways and which are subject to the provisions of Section 16.24.080. (Ord. 98-0069 § 9, 1998: Ord. 88-0056 § 1, 1988.)

“Explicit sexual acts,” as used in this chapter, means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals; or other acts of sexual arousal involving any physical contact with a person’s genital, pubic region, pubic hair, perineum, anus or anal region. (Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1209, 1940.)

As a condition of the issuance or renewal of a news rack permit, the permit holder shall agree in writing to defend, indemnify and hold harmless the county of Los Angeles from and against any and all liability, expense, including defense costs and legal fees, claims and causes of action for damages of any nature whatsoever, including but not limited to, bodily injury, death and/or property damage, arising from or connected with the issuance and/or renewal of the permit, the placement or maintenance of the news racks on or projecting onto the highway, and/or any act or omission of the permittee or the permittee’s agent(s) with respect to such news racks. In addition, and without limiting the above obligation to defend, indemnify and hold harmless the county of Los Angeles, permittee shall present, along with each application for or renewal of a permit, evidence of liability insurance providing minimum coverage of $1,000,000.00 and naming as additional insured the county of Los Angeles and its officers and employees. Each permittee shall maintain the required insurance at all times during which the permittee places or maintains any news rack on or projecting onto any highway. (Ord. 98-0069 § 10, 1998.)

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 10 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. (Ord. 2000-0058 § 5, 2000: Ord. 98-0069 § 11, 1998: Ord. 12166 § 1, 1980: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1210, 1940.)

A. Unless the news rack and its contents are being held as evidence in a criminal prosecution, the permittee or, if there is no known permittee, a claimant who provides sufficient proof of ownership, of an impounded news rack may, at any time up to and including the thirtieth day after the impounding, and if a hearing pursuant to this chapter is held concerning the news rack, may, at any time up to and including the thirtieth day after the decision at such hearing becomes final, obtain a return of the news rack and its contents, upon paying an impound fee of $100.00 plus the reasonable additional cost, if any, of impounding the news rack in excess of $100.00.
B. The director may, after a hearing in accordance with this chapter, order the news rack returned without payment of any impound fee; or, if an impound fee has previously been paid, may order return of any such impound fee.
C. A court before whom criminal charges concerning an impounded news rack are pending, may, upon dismissal of the charges or a finding of acquittal, in its discretion order an impounded news rack returned without payment of an impound fee or the return of the impound fee paid.
D. If a hearing on the impounding of a news rack is not timely requested or if the requirements for the return of a news rack are not complied with, the sheriff or the director or their designates may sell or otherwise dispose of the news rack, and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in said news rack, in the county treasury, in the case of impounding by the sheriff, or in the road fund, in the case of impounding by the director. (Ord. 98-0069 § 12, 1998: Ord. 12166 § 2, 1980: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1211, 1940.)

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. (Ord. 2000-0058 § 6, 2000: Ord. 98-0069 § 13, 1998: Ord. 12166 § 3, 1980: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1212, 1940.)

A. Appeal. Any person who requested a hearing may, within five days after notice of the decision therein is given pursuant to this chapter, appeal such decision to the board of supervisors of the county of Los Angeles.
B. Contents of Appeal. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be filed with the director, who shall forthwith forward the appeal, together with a copy of the decision, to the clerk of the board.
C. Stay Pending Appeal. A timely appeal of the decision shall operate to stay any impounding pending action taken on the appeal by the board of supervisors pursuant to this section.
D. Action by Board. Upon receipt of the appeal and decision, and as soon as practical, the board of supervisors may take any one of the following actions:
1. Grant a stay of the decision or any impounding pending further consideration by the board of supervisors;
2. Approve the decision and order;
3. Refer the matter back to the director with or without instructions;
4. Set the matter for public hearing before itself. Such public hearing shall be held de novo as if no hearing previously had been held.
E. Stay Pending Action by Board. Action taken by the board of supervisors pursuant to subsection D3 or D4 of this section shall operate to stay the decision or any impounding pending final resolution of the issue of whether the news rack was in violation of this chapter or whether the news rack should be returned without payment of an impound fee.
F. Effective Date of Board Action. Action taken by the board of supervisors pursuant to subsection D2 of this section shall be effective two working days after said action is taken. (Ord. 98-0069 § 14, 1998: Ord. 12166 § 4, 1980: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1213, 1940.)

A. Notwithstanding any other provision of this Division 1, any person who violates Section 16.24.010, 16.24.050, 16.24.060 or 16.24.070 of this chapter shall be guilty of a misdemeanor and may be punished by fine not exceeding $500.00.
B. Notwithstanding any other provision of this Division 1, any person who violates Section 16.24.080 of this chapter shall be guilty of a misdemeanor and may be punished by imprisonment in the County Jail not to exceed six months, or by fine not exceeding $500.00, or by both such fine and imprisonment.
C. The provisions of this section are in addition to and independent of any other sanctions, penalties, fees, or costs which are or may be imposed pursuant to the provisions of this division. (Ord. 98-0069 § 15, 1998: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1214, 1940.)

The provisions of this chapter shall not limit any other remedies authorized by law. (Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1215, 1940.)

If any section, subsection, subpart or provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the provisions of this chapter and the application of such to other persons or circumstances shall not be affected thereby. (Ord. 98-0069 § 16, 1998: Ord. 11516 § 2 (part), 1977: Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 12 § 1216, 1940.)