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:
A.
Stands for newsracks shall be single-pedestal, K-Jack style mounts,
model 100 or equivalent. Newsrack mounts shall be painted black.
B.
No newsrack shall exceed 60 inches in height, 30 inches in width
or 24 inches in depth.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
No newsrack shall be placed, installed, used or maintained:
(1)
Within five feet of any marked crosswalk;
(2)
Within 15 feet of the curb return of any unmarked crosswalk;
(3)
Within five feet of any fire hydrant, fire callbox or other emergency
facility;
(4)
Within five feet ahead of and 15 feet to the rear of any sign marking
a designated bus stop;
(5)
Which is attached to any parking meter, traffic signal, fire hydrant,
streetlight, power pole, sign post, tree or refuse container;
(6)
Within five feet of any bus bench or bus shelter;
(7)
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six feet;
(8)
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;
(9)
So that the front face or display window of the newsrack is within
three feet of any lawn, flowers, shrubs or trees;
(10)
Within five feet of any bicycle rack.
I.
The placement of all newsracks in the Village shall comply with all
local and state handicapped accessibility regulations.
J.
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.
K.
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.
L.
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:
(1)
First priority shall be given to newsracks used for the sale of publications
which have been adjudicated to be newspapers of general circulation.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
M.
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.
N.
Adult material.
(1)
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:
(2)
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.
O.
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:
(1)
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
(2)
Allows an underage person to review or peruse material that is harmful
to such underage person without the consent of a parent or guardian.
