[Adopted 8-7-2000 by FMC-367 (Ch. 11, Art. VIII, of the 1964 Code)]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DOWNTOWN AREA
The following public rights-of-way:
Name of Street
Location
Central Drive
From the west side of the Village parking lot to its intersection with Sterling Avenue
Flossmoor Road
From Brassie Avenue through its intersection with Leavitt Avenue
Park Avenue
From its north intersection with Argyle through its intersection with Sterling Avenue
Sterling Avenue
From the south side of Hawthorne to the north end of the Public Library parking lot
EQUIVALENT NEWSRACK
Any newsrack which is of the same size, dimensions, color and style of the specified newsrack.
MODULAR UNIT
The shell housing or cabinet into which a newsrack is installed. The modular unit is provided by the Village and the newsrack is provided by the applicant.
[Added 7-7-2014 by Ord. No. 2014-1783]
NEWSRACK
Any type of unmanned device for the vending or free distribution of newspapers, news periodicals, or other publications.
PUBLIC RIGHT-OF-WAY
Any public street, highway, sidewalk, parkway or alley within the Central Business Area.
[Amended 7-7-2014 by Ord. No. 2014-1783]
The purpose of the following is to promote the public health, safety and welfare through the regulation of placement, type and appearance of newsracks on public rights-of-way so as to:
A. 
Provide for pedestrian and driving safety and convenience.
B. 
Restrict unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress to or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.
C. 
Provide for public and property safety during flooding, snowy and windy conditions.
D. 
Provide reasonable access for the use and maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes.
E. 
Relocate and/or replace newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newsracks removed.
F. 
Maintain and protect the values of surrounding properties.
G. 
Reduce unnecessary exposure of the public to personal injury or property damage.
H. 
Treat all publications equally regardless of their size, content, circulation, or frequency of publication.
I. 
Maintain and preserve freedom of the press.
J. 
Reasonably cooperate with newspaper distributors.
No person shall place, affix, erect, construct or maintain a newsrack or other unstaffed publication distribution device within the downtown area except as provided in this article.
A. 
The Village shall provide, install and make available for use modular units from Sho-Rack of sufficient capacity to accommodate the current number of newsracks currently in existence in the downtown area at the following locations:
(1) 
On the sidewalk east of the commuter train station's south accessway and within the viaduct; and
(2) 
On the north side of Central Drive approximately 50 feet west of its intersection with Park and Sterling.
B. 
The modular units to be acquired by the Village are the Boulevard-type in a large enclosure into which modular units are placed, one holds five across and two high and the other holds four across and two high [will be provided at location in Subsection A(2) above]. The units are to be a color chosen by the Village. The units shall include pedestal mounts and will be secured to the sidewalk or other Village-provided surface.
[Amended 7-7-2014 by Ord. No. 2014-1783]
[Amended 7-7-2014 by Ord. No. 2014-1783]
An applicant for newsrack installation shall file with the Village Manager a written application for an installation certificate of compliance which shall contain the following information:
A. 
The name, address and telephone number of the applicant who is the owner and/or principal in responsible charge of the newsrack.
B. 
The name, address and telephone number of a responsible person whom the Village may notify or contact at any time concerning the applicant's newsracks.
C. 
The number of newsracks proposed for installation.
D. 
Names of newspapers or publications contained in each newsrack.
E. 
Type or brand of newsracks, including an illustration and description of the newsrack and mount if other than a Sho-Rack 49-16, or a newsrack manufactured with modifications to the door, window and cabinetry of the above-described newsrack to accommodate vertically formatted (tabloid-type) newspaper display and distribution.
[Amended 7-7-2014 by Ord. No. 2014-1783]
Upon a finding by the Village Manager that the applicant has submitted a complete application and if space is available in the Village provided units, the Village Manager shall cause to be issued a certificate of compliance for installation by the applicant.
A. 
Newsracks shall be Sho-Rack 49-16 model or equivalent. Manufactured modifications to the door, window and cabinetry for the above-described newsrack to accommodate vertical formatted, tabloid-type newspaper display and distribution are acceptable.
B. 
Newsracks shall be a color chosen by the Village.
[Amended 7-7-2014 by Ord. No. 2014-1783]
C. 
Newsracks shall carry no card holders or advertising except the name of the newspaper being dispensed, such lettering not exceeding 1 3/4 inches in height.
D. 
Newsracks for free newspapers may omit the coin box and may have the pull bar welded to the door to produce an honor rack.
E. 
Newsracks shall be maintained in good working order at all times and freshly painted.
A. 
A newsrack shall be deemed abandoned when no publication is in the newsrack for a period of more than seven consecutive days and shall be removed by its applicant within seven days.
B. 
In the event a newspaper publishing company or its distributor desires to voluntarily abandon a newsrack location, the distributor shall notify the Village Manager and completely remove the newsrack without damage to the modular unit.[1]
[Amended 7-7-2014 by Ord. No. 2014-1783]
[1]
Editor's Note: Original § 11.809, Enforcement procedures-nonconforming newsracks, as amended, of the 1964 Code, which immediately followed this section, was repealed 7-7-2014 by Ord. No. 2014-1783.