As used in this chapter, the following terms shall have the
meanings indicated:
DOUBLE NEWSRACK BOX
Two single newsrack boxes, one above the other, wherein the
double newsrack box functions as one large box with one windowed access
door to gain access to the entire double newsrack box.
MODULAR NEWSRACK BOX ASSEMBLY (HEREAFTER MNBA)
A unit that has assembled together two or more newsrack boxes
in a housing that is supported by one or more pedestals. The modular
newsrack box assembly is then permanently attached to a sidewalk or
concrete pad by bolts or other such fasteners. Newspapers are distributed
by placing such newspapers in the various newsrack boxes by various
newspaper vendors. Two or more newspaper vendors may distribute newspapers
from a modular newsrack box assembly. Attached to this chapter is
an illustration of an MNBA unit for purposes of illustration. The illustration contains four newsrack boxes, however,
the unit may be enlarged to up to 10 newsrack boxes on one MNBA unit.
NEWSRACK BOX
A rectangular cube-type box that has a windowed door on its
front for viewing inside the cube shaped box and gaining access to
the box. Newspapers are placed in the newsrack box for purposes of
distribution. One gains access to the interior of the newsrack box
by opening the front windowed door. The newsrack box may be, but need
not be, accessed by inserting coined money to unlock the access door.
The MNBA units located on public sidewalks, public property,
and on the exterior of any building on private property shall be installed
in accordance with the following criteria:
A. No MNBA unit shall be installed wherein it impedes the flow of pedestrian
or vehicular traffic.
B. No MNBA unit shall be installed wherein it endangers the public safety
of persons or property.
C. No MNBA unit shall be installed where it interferes with the ingress
and egress from any residence or place of business.
D. No MNBA unit shall be located wherein its locations interferes with
the use of traffic signals, fire hydrants, utility poles, mailboxes,
and other such police, fire, and/or traffic control devices.
E. The content of the newspaper publication shall not be considered
in determining the manner of and place of location of the MNBA unit.
F. The newspaper vendor does not need a license, permit or other such
approval to distribute its newspaper.
G. In the Historic District, the MNBA unit shall be placed in a location
in keeping with the historic character and historic zoning so as to
minimize the visual appearance and clutter of newsracks, but not at
the expense of the newspaper vendor's First Amendment right to
distribute its newspaper.
H. No MNBA unit shall be installed above, or within a proximity to interfere
with the use, maintenance, and/or repair of any gas line, water line,
sewer line or other such utility line.
I. No MNBA unit shall be located so as to impede the lawful use of any
buildings.
J. No MNBA unit shall be located so as to interfere with the growth
of any municipally owned shade trees, plants, and shrubs existing
in the right-of-way sidewalk area.
K. No MNBA unit shall be located to interfere with the use of municipality
installed public benches and seating.
The Common Council simultaneously with the adoption of this
chapter has adopted a resolution setting forth locations for the MNBA
units to be installed in accordance with this chapter. The locations
set forth in the resolution are not exhaustive or exclusive. The resolution
may be amended by the Common Council.