San Francisco County Municipal Code Art. 5.4 Regulation of Newsracks

Sec. 184. Purpose and Intent. Sec. 184.1. Definitions. Sec. 184.2. Newsrack Certificate. Sec. 184.3. Newsrack Identification. Sec. 184.4. Newsracks Prohibited. Sec. 184.5. Maintenance and Display Standards. Sec. 184.6. Correction of Violations; Hearing. Sec. 184.7. Reserved. Sec. 184.8. Administrative Fines; Other Remedies. Sec. 184.9. Insurance. Sec. 184.10. Indemnification. Sec. 184.11. Severability.

Sec. 184.12. Fixed Pedestal Newsracks.

The Board of Supervisors hereby finds that newsracks placed and maintained on the streets, sidewalks, or other public rights-of-way, absent some reasonable regulation, may unreasonably interfere with the use of such streets, sidewalks, and public rights-of-way, and may present hazards to persons or property. The Board of Supervisors further finds that streets, sidewalks and public rights-of-way are historically associated with the sale and distribution of newspapers and other publications, and that access to and use of these areas for such purposes is not to be denied except where such use unreasonably interferes with the use of these areas by pedestrians or traffic, or where such use presents a hazard to persons or property. The Board of Supervisors therefore has determined that a reasonable accommodation of these competing interests can be achieved by adoption of this Article, which regulates the placement and maintenance of newsracks. (Added by Ord. 359-85, App. 7/24/85)

(a) "Newsrack" is any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale or distribution without charge of newspapers, periodicals or other publications. (b) "City" is the City and County of San Francisco. (c) "Person" is an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, or any political subdivision thereof. (d) "Director of Public Works" is the City's Director of Public Works or his or her designated representative. (e) "General Manager of MUNI" is the General Manager of the City's Municipal Railway or his or her designated representative. (f) "Abandoned newsrack" is any newsrack which remains empty for 10 business days, except that a newsrack remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication by the newspaper or other publication sold or distributed from that newsrack shall not be deemed abandoned. (Added by Ord. 359-85, App. 7/24/85)

Every person, either for himself or herself or any other person, who places or maintains or who causes to be placed or maintained a newsrack on any street, sidewalk or public right-of-way shall have his or her name, address and telephone number permanently affixed to the newsrack in a place where such information will be readily visible. (Added by Ord. 359-85, App. 7/24/85)

(a) Every newsrack shall be maintained in good repair and working order. Newsracks that have been damaged or stolen shall be replaced or repaired as soon as is practical, unless the person responsible for the newsrack wishes to abandon the location, in which event such person shall promptly remove the newsrack and repair any damage to public property caused by the installation or removal of such newsracks. (b) All coin-operated newsracks shall be equipped with a coin-return device maintained in good repair and working order. (c) All newsracks and the newspapers or other publications sold therefrom shall be maintained and displayed in accordance with all applicable law, including (without limitation) Article 10.1 of Part II, Chapter VIII of the San Francisco Municipal Code (Police Code). (Added by Ord. 359-85, App. 7/24/85)

Each person installing or maintaining a newsrack under this Article shall furnish to the City a certificate showing that such person has then in force a policy or policies of public liability and property damage insurance, naming the City as an additional insured, in an amount not less than $100,000 minimum liability combined single limit (bodily injury and property damage) per person and per occurrence. Each such person shall provide and keep in force such policy or policies of public liability insurance during such time as he or she continues to place or maintain any newsrack under the terms of this Article. The evidence of insurance filed with the City shall include a statement by the insurance carrier that such carrier will give the City 30 days' notice before cancelling such insurance. (Added by Ord. 359-85, App. 7/24/85)

Any person installing or maintaining a newsrack under this Article shall further be required to execute an agreement with the City that he or she agrees to indemnify and to hold harmless the City and its representatives from all claims, demands or liability arising out of or encountered in connection with the installation or maintenance of any newsrack on public property by or on behalf of such person, except only such injury or harm as may be caused solely and exclusively by the negligence of the City or its authorized representatives. This indemnification shall extend only to actions filed within the applicable period for filing actions under California law. (Added by Ord. 359-85, App. 7/24/85)

If any provision or clause of this Article or the application thereof to any person or circumstance is held to be unenforceable by a court of competent jurisdiction, such clause or provision and the remainder of this Article shall remain effective and enforceable to the fullest extent allowed by law, and all clauses and provisions of this Article are hereby declared to be severable. (Added by Ord. 359-85, App. 7/24/85)