Ordinance 166881,160
Ordinance N~a. 1668
AN ORDINANCE OF THE CITY OF CUPERTINO A11'IENDING CHAPTER 10.21 NEWSRACIGS,
OF THE MUNICIPAL CODE
The City Council of the City of Cupertino does hereby ordain that Title 10 of the Cupertino Municipal
Code is amended to read as follows:
Section 10.21.010 P ~rno,e,
The City Council finds that the unrestricted placement and raintenance of newsracks on the public right of
way and the proliferation of newsracks which display or described explicit sexual conduct and nudity,
unreasonably interferes with and obstructs the public's use of such right of way, constitutes unwarranted
invasions of individual privacy, is unsafe and obscene. The City Council finds, however, that the use of
the public right of way by newsracks to dispense should not be banned. Hence, the City Council finds that
these competing substantial interests can be only be accommodated by this Chapter which sets reasonable
restrictions on the time, place and manner of maintaining newsracks on public property.
Section 10.21.020 Permit reauir~.
No person shall place, maintain or relocate a newsrack in tt~e City on, or which projects onto, a public
right of way unless and until a news rack permit has been obtained from the City Council. Each newsrack
permit shall be for a term of one year, shall remain renewable as long as the newrack complies with this
Chapter, and shall allow the placement and maintenance of patty number of newsracks per each applicant.
Section 1021 040 Icc ~ancP of p tmit
A newsrack permit shall be issued to the applicant if the location of the proposed newsracks) is not within
any of the following locations:
A. Within four feet of any marked crosswallc;
B. Within fifteen feet of the curb return of any unmarked crosswalk;
C. Within four feet of any fire hydrant, fire or police call box or other emergency facility;
D. Within three feet of any driveway;
E. Within three feet ahead of, and fifteen feet to the rear of; any designated bus stop measured parallel
with the flow of traffic;
F. Within three feet of any bus bench;
G. Where the newsrack would create a traffic hazard, including any portion of the public right of way on
which vehicles are permitted;
H. Where the newsrack would obstruct access to sidewalks or abutting property;
I. Where the newsrack would create unsafe conditions for F~ersons or property;
1. Where the newsrack would unreasonably interfere with ar obstruct pedestrian or vehicular traffic on the
public right of way; or -
K. Where the newsrack would reduce passage space for peeiestrians to less than four feet.
Sections 10.21.050 l0 21 080 10 21 090 and 10 21 110 arc: hereby repealed in their entirety.
Chapter 1x0.21 Newsracks
Page Two
Section 10.21,070 Display of certain material prohibited, Publications dispensed from newsracks
permitted on public property shall not display to the public view photographs or pictorial representations of
the commission of any of the following acts: Sodomy, oral copulation, sexual intercourse, masturbation, or
a photograph of a penis in an erect and turgid state.
A. Where the placement of or material in any newsrack is in violation of this Chapter, the City may
immediately remove and impound the newsrack or order the permittee to remove the newsrack within 10
calendaz days from the date of the Order of Removal. Tlie Order of Removal must be in writing and sent
certified mail, return receipt requested, with postage prepaid, addressed to the name and address provided
on the newsrack. If the newsrack is not removed within the 10 day period, the City may remove and
impound the newsrack.
B. Where a newsrack is impounded, a written notice of such action shall be sent to the petmittee within
five working days after impoundment, and a charge of fifty dollars will be required to retrieve the
newsrack. The City shall hold all newsracks up to and ir.~cluding thirty days from the date of
impoundment, and then if not retrieved within that time may destroy or otherwise dispose of the newsracks
Effective Dste
This Ordinance No. Shall take effect and be in full force 30 days after its enactment.
INTRODUCED AN ENACTED at a regulaz meeting of the City Council of the City of Cupertino on this
9th day of September, 1994 and enacted at the regulaz meeting of the City Council of Cupertino on
the 19th day of September, 1994 by the following vote:
YQIst Members of the Cihr Council
Ayes: Bautista, Burnett, T~ean, Sorensen, Koppel
Nces: None
Absent: None
Abstain: None
AST: APPROVER;
/s/ Kim Marie Smith
City Clerk
/s/ Barb Koppel
Mayor, City of Cupertino
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