As used in this chapter, the following terms shall have the meanings
indicated:
NEWSPAPER
Any newspaper of general circulation, any newspaper duly entered
or registered with the United States Postal Service in accordance with federal
statute or regulation and any newspaper filed or recorded with any recording
office as provided by law or any publication containing news, editorial or
advertising content and which is intended to be disseminated to the general
public either with or without charge from a vending box.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind that is the owner or publisher of any newspaper
or who dispenses, distributes or disseminates any newspaper.
PUBLIC PROPERTY
Any street, alley, avenue, boulevard, court, highway or road and
the legal right-of-way thereof, including but not limited to the cartway or
traffic lanes, curb, sidewalks, whether paved or unpaved, and any grass plots
or other grounds found within the legal right-of-way of a street. The term
shall also include any: parking lots, parks, playgrounds, public buildings
and similar areas that are open for the use of the public.
VENDING BOX
Any box, receptacle or machine from which newspapers are intended
to be dispensed, distributed or disseminated to the general public, either
with or without charge or the payment of any contribution or subscription.
[Added 4-7-1993 by Ord. No.
1993-7]
Any newsrack which in whole or in part rests upon or over any public
sidewalk or parkway shall comply with the following standards:
A. No newsrack shall exceed sixty (60) inches in height,
twenty-four (24) inches in width or twenty (20) inches in thickness.
B. No newsrack shall be used for advertising signs or publicity
purposes other than that dealing with the display, sale or purchase of the
newspaper sold therein.
C. Each newsrack shall be equipped with a coin return mechanism
to permit a person using the machine to secure an immediate refund in the
event that he is unable to receive the publication paid for. The coin return
mechanisms shall be maintained in good working order.
D. Each newsrack shall have affixed to it in a readily visible
place so as to be seen by anyone using the newsrack a notice setting forth
the name and address of the distributor and the telephone number of a working
telephone service to call to report a malfunction or to secure a refund in
the event of a malfunction of the coin return mechanism, or to give the notices
provided for in this chapter.
E. Each newsrack shall be maintained in a neat and clean
condition and in good repair at all times. Specifically, but without limiting
the generality of the foregoing, each newsrack shall be serviced and maintained
so that:
(1) It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof;
(2) It is reasonably free of rust and corrosion, in the visible
unpainted metal areas thereon.
(3) The clear plastic or glass parts thereof, if any, through
which the publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discolorations.
(4) The paper or cardboard parts of inserts thereof, if any,
are reasonably free of tears, peeling or fading.
[Added 4-7-1993 by Ord. No.
1993-7]
Any newsrack which rests in whole or in part upon or on any portion
of a public right-of-way or which projects onto, into or over any part of
a public right-of-way shall be located in accordance with the provisions of
this section.
A. No newsrack shall be used or maintained which projects
onto, into or over any part of the roadway of any public street or which rests,
wholly or in part, upon, along or over any portion of the roadway of any public
street.
B. No newsrack shall be permitted to rest upon, in or over
any public sidewalk when such installation, use or maintenance:
(1) Endangers the safety of persons or property;
(2) Unreasonably interferes with or impedes the flow of pedestrians
or vehicular traffic, including any legally parked or stopped vehicle;
(3) Unreasonably interferes with the ingress or egress from
any residence or place of business; or
(4) Unreasonably interferes with the use of traffic signs
or signals, hydrants or mailboxes permitted at or near said location.
C. Newsrack or newsracks shall be chained, bolted or otherwise
secured so as to prevent their being blown down or around the public right-of-way.
D. Newsracks may be placed next to each other, provided
that no group of newsracks shall extend for a distance of more than four (4)
feet along a curb.
E. No newsrack shall be placed, installed, used or maintained:
(1) Within three (3) feet of any marked crosswalk.
(2) Within twelve (12) feet of a curb return of any unmarked
crosswalk.
(3) Within five (5) feet of any fire hydrant, fire call box,
police call box or other emergency facility.
(4) Within five (5) feet of any driveway.
(5) Within three (3) feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping.
[Added 4-7-1993 by Ord. No.
1993-7]
A. If any newspaper distribution box is determined to violate
any of the provisions of this chapter, then a notice of violation shall be
sent to the person designated to receive notices in the registration form.
B. The notice shall state the specific provisions of this
chapter which have not been adhered to and notify the owner that the box must
either be removed or brought into compliance with the specified provisions
of this chapter within fifteen (15) business days. If the owner elects to
cure the specified violation or violations within said time period, then the
owner shall take all necessary curative actions prior to the expiration of
said time period.
C. Upon request, the official issuing a notice of violation
shall meet with the recipient of such notice to discuss the basis for the
determination that a violation exists and any proposed means of eliminating
any violations.
Any person who should violate any provisions of this chapter shall upon
conviction be subject to a fine not to exceed one thousand dollars ($1,000.)
or be imprisoned for a period not exceeding ninety (90) days or serve a period
of community service not exceeding ninety (90) days, or any combination thereof.
Each continuing day of violation of this chapter shall constitute a separate
offense.