The San José city council finds and declares that the uncontrolled placement and maintenance
of newsracks on the public right-of-way and the proliferation of such devices to display
words and pictorial material describing and depicting explicit sexual conduct and
nudity, which is thrust indiscriminately on children and unwilling adults, unreasonably
interferes with and obstructs the public's use of the public rights-of-way, constitutes
unwarranted invasions of individual privacy, is injurious to health, is indecent and
offensive to senses, and such an obstruction of the free use of property so as to
interfere with the comfortable enjoyment of life and property by the entire community.
The San José city council also finds, however, that the use of such rights-of-way
is so historically associated with the sale and distribution of newspapers and publications
that access to these areas for such purposes should not be absolutely denied. The
council further finds that these strong and competing interests require a reasonable
accommodation which can only be satisfactorily achieved through the means of this
chapter designed to accommodate such interests by regulating the time, place and manner
of using such newsracks.
(Ord. 20892.)
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