No person shall install, use or maintain any newsrack 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 a roadway.
No person shall install, use or maintain any newsrack which, in whole or in part, rests upon, in or over any public right-of-way or other public property, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other government use, or when such newsrack interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location, when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery, or when such newsrack interferes with the ordinary use of public property.
Any newsrack which, in whole or in part, rests upon, in or over any public right-of-way or other public property, shall comply with the following standards:
Stands for newsracks shall be single-pedestal, K-Jack style mounts, model 100 or equivalent. Newsrack mounts shall be painted black.
No newsrack shall exceed 60 inches in height, 30 inches in width or 24 inches in depth.
Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 12 inches nor more than 36 inches from the edge of the curb. Newsracks adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall.
No newsrack shall be chained, bolted or otherwise attached to any property or to any permanently fixed object not owned by the owner of the newsrack, unless the consent of the owner of such property or object is obtained in writing and presented with the permit application.
Newsracks may be placed, chained or otherwise attached to one another; however, no more than three newsracks may be joined or placed together in this manner, and a space of not less than 18 inches shall separate each group of three newsracks so attached.
No newsrack, or group of attached newsracks, allowed under Subsection E of this section shall weigh, in the aggregate, in excess of 125 pounds, when empty.
Every newsrack shall be installed on a single pedestal or a multiple post which shall be securely anchored to the ground, and shall be constructed, installed and maintained in a safe and secure condition approved by the Village Manager or his designee.
No newsrack shall be placed, installed, used or maintained:
Within five feet of any marked crosswalk;
Within 15 feet of the curb return of any unmarked crosswalk;
Within five feet of any fire hydrant, fire callbox or other emergency facility;
Within five feet ahead of and 15 feet to the rear of any sign marking a designated bus stop;
Which is attached to any parking meter, traffic signal, fire hydrant, streetlight, power pole, sign post, tree or refuse container;
Within five feet of any bus bench or bus shelter;
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet;
Within five feet of any display window of any building abutting the sidewalk or parkway, or in such manner as to impede or interfere with the reasonable use of such window for display purposes;
So that the front face or display window of the newsrack is within three feet of any lawn, flowers, shrubs or trees;
Within five feet of any bicycle rack.
The placement of all newsracks in the Village shall comply with all local and state handicapped accessibility regulations.
No newsrack shall be used for advertising signs or publicity purposes other than to state the name of the newspaper or news periodical sold in such newsrack on the display window only of the newsrack.
Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair, at all times, so as not to become mechanically inoperable or have cracked or broken coverings or casings. If an inspection is required concerning maintenance, the owner of such newsrack shall be charged an inspection fee in the amount established by resolution for each newsrack so inspected.
No more than five newsracks shall be located upon, in or over any public right-of-way or other public property within a space of 200 feet in any direction within the same block of the same street. In determining which newsracks shall be permitted, the Village Manager or his designee shall be guided solely by the following criteria:
First priority shall be given to newsracks used for the sale of publications which have been adjudicated to be newspapers of general circulation.
Second priority shall be given to newsracks used for the sale of daily publications (those published on five or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation for the county.
Third priority shall be given to newsracks used for the sale of weekly publications (at least one publication having been published in a calendar week) which have not been adjudicated to be newspapers of general circulation for the county.
Subject to the priorities listed in this subsection, any publication not deemed to fall under the definitions of the classes listed in this subsection shall constitute a miscellaneous category and shall be eligible on a first-come, first-served basis to secure remaining available newsrack space pursuant to this chapter.
If there is a conflict between newspapers within the same priority seeking the same location, and there are insufficient newsrack spaces remaining to accommodate the competing newspapers, after first filling as many spaces as possible by utilizing the criteria set forth in this section, then the Village Manager or his designated representative shall assign the spaces at random by placing the names of all applicants for the remaining spaces at a location into a container from which the names shall be drawn, one at a time, until the particular locations' remaining number of unfilled newsracks has been filled. Such drawing shall be open to the public at a time and date designated by the Village Engineer or his designated representative.
Every person who places or maintains a newsrack upon, in or over any public right-of-way or other public property shall permanently affix to each newsrack the permittee's name, address, telephone number and permit number in a place where such information may be easily seen.
No person shall knowingly display to public view in any newsrack or other display device, any material which is defined by state penal code as harmful to minors, photographs or pictorial representations of the commission of any of the following acts:
Unless such material is displayed in an area from which underage persons are excluded; or covered by a device, commonly known as a blinder rack, such that the lower two-thirds of the material is not exposed to view.
A person commits the offense of disseminating harmful material to underage persons, as defined under state penal code, if, with or without consideration, and knowing the character or content of the material, he knowingly:
Sells, furnishes, presents or distributes to an underage person material that is harmful to such underage person, without the consent of a parent or guardian; or
Allows an underage person to review or peruse material that is harmful to such underage person without the consent of a parent or guardian.