Municipal Code, Complete - City of Santa Barbara

5.66.100 Removal and Storage of Newsracks.
A. GENERAL. Upon determination by the Public Works Director that a newsrack has been installed, used or
maintained in violation of this Chapter, a Notice to Correct shall be issued which shall specify the manner in which
this Chapter is violated and request compliance. The order shall be telephoned to the distributor and confirmed by
mailing a copy of the Notice by certified mail, return receipt requested. A hearing with regard to the Notice to Correct
may be requested. Failure to either properly correct the
offending condition or request a hearing on the Notice within ten (10) days (excluding Saturdays, Sundays
and legal holidays) after the mailing date of the Notice shall result in removal and storage of the newsrack by the
Public Works Director at any time after expiration of the ten (10) day period.
B. HEARING. If a hearing is requested, it shall be provided within ten (10) days of the request and shall be
conducted by the City Administrator or his designee. The appellant shall be given at least five (5) days notice of the
time and place of the hearing and shall be entitled to present evidence showing that the newsrack was not installed,
used or maintained in violation of this Chapter. The hearing shall be conducted in a manner designed to ascertain the
facts without an undue consumption of time or resources. Formal rules of evidence shall not be followed, nor shall
any party have the right to require that witnesses be sworn or subject to cross examination. The City Administrator or
his designee shall either affirm, vacate or modify the Order to Correct upon completion of the hearing. The Order to
Correct shall be stayed pending completion of the hearing and rendering of a decision. If the Order to Correct is not
vacated, the distributor shall comply with the Order within three (3) days of the decisions; failure to comply shall
result in removal and storage of the newsrack by the Public Works Director.
C. STORAGE; COSTS. The costs of removal and storage of any newsrack shall be borne by the owner
thereof and may be collected by the City in the same manner as it collects any other civil debt or obligation. No
newsrack which has been removed and stored by the City shall be released to the owner unless the costs of removal,
storage and any necessary repair to the premises on which the newsrack was placed have been paid. If a newsrack
which has been removed and stored remains unclaimed for a period of sixty (60) days, it shall be deemed to be
unclaimed personal property and disposed of in accordance with law.
D. REMEDY CUMULATIVE. The remedy of removal and storage of a newsrack may be exercised in
additional to the criminal and civil remedies specified in Title 1 of this Code. (Ord. 4536, 1988)
5.66.110 Display of Material Harmful to Minors.
No material which is harmful to minors, as defined in Section 313 of the Penal Code of the State, shall be
displayed in a public place, other than a public place from which minors are excluded, unless blinder racks are placed
in front of the material so that the lower two-thirds (2/3) of the material is not exposed to view. (Ord. 4838, 1993).
158-3 rev. 6/30/94