[Ord. No. 95-161 §1, 11-1-1995]
A.
The provisions
and prohibitions hereinafter contained and enacted are in pursuance
of and for the purpose of securing and promoting the public health,
morals and general welfare of persons in the County of St. Charles
in their use of public rights-of-way through the regulation of placement,
appearance, number, size, and servicing of newsracks on the public
rights-of-way so as to:
1.
Provide
for pedestrian and driving safety and convenience;
2.
Ensure
no unreasonable interference with the flow of pedestrian or vehicular
traffic, including ingress to, or egress from, any place of business
or from the street to the sidewalk;
3.
Provide
reasonable access for the use and maintenance of sidewalks, poles,
posts, traffic signs and signals, hydrants, mailboxes, and similar
appurtenances, and access to locations used for public transportation
purposes;
4.
Reduce
visual blight on the public rights-of-way, protect the aesthetics
and value of surrounding properties, and protect the quiet of residential
areas;
5.
Reduce
exposure of the County to personal injury or property damage claims
and litigation; and
6.
Protect
the right to distribute information protected by the Constitutions
through the use of newsracks.
[Ord. No. 95-161 §1, 11-1-1995]
For purposes of this Chapter, the following terms shall be defined
as follows:
One (1) side of a street between two (2) consecutive interacting
streets.
The person responsible for placing and maintaining a newsrack
in a public right-of-way.
Depictions or descriptions, whether being performed alone
or between members of the same or opposite sex or between humans and
animals, of:
Sexual intercourse, oral copulation, anal intercourse, oral-anal
contact, bestiality, direct physical stimulation of genitals, flagellation
or torture in the context of a sexual relationship, or any of the
following depicted sexually oriented acts or conduct: anilingus, buggery,
coprolagnia, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty;
Human genitals in a state of sexual stimulation, arousal, or
tumescence;
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation;
Fondling or touching of human genitals, pubic region, buttock
or female breast;
Masochism, erotic or sexually-oriented torture, beating or the
infliction of pain;
Erotic or lewd touching, fondling or other contact with an animal
by a human being;
Human excretion, urination, menstruation, vaginal or anal irrigation;
or
Other acts of sexual arousal involving any physical contact
with a person's genitals, pubic hair, perineum, anus or anal region.
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used, or maintained for the display,
distribution or sale of newspapers or other news periodicals.
Material which depicts or describes sexual conduct that is
objectionable or offensive to accepted standards of decency which
the average person, applying contemporary community standards would
find, taken as a whole, appeals to prurient interests; or material
which depicts or describes, in a patently offensive way, sexual conduct
specifically defined by applicable State law, and taken as a whole,
lacks serious literary, artistic, political, or scientific value.
The area between the sidewalk and the curb of any street,
and where there is no sidewalk, the area between the edge of the roadway
and the property line adjacent thereto. Parkway shall also include
any area within a roadway that is not open to vehicular travel.
Any person or persons, or entity including, but not limited
to, a corporation, partnership, unincorporated association or joint
venture.
Any material suggesting or conveying a visual image, and
includes, but is not limited to, a photograph, painting or drawing.
Any pictorial material is "obscene" if all of the
following apply:
The average person, applying contemporary community standards,
would find that it appeals to prurient interests when the publication
or material is considered as a whole;
It depicts, describes or represents in a patently offensive
manner, sexual behavior as defined in this Chapter; and
It lacks serious literary, artistic, political or scientific
value when the publication or material is considered as a whole.
Any public street, highway, sidewalk, roadway, parkway or
alley.
That portion of a street improved, designed or ordinarily
used for vehicular travel.
The purpose or effect of statements, words, pictures or illustrations
depicting explicit sexual acts, as defined in this Chapter.
The patently offensive representation, depiction or description
of any of the following:
Ultimate sexual acts, actual or simulated, including vaginal
intercourse between a male and a female, and anal intercourse, fellatio
and cunnilingus between persons regardless of gender.
Masturbation, excretory functions and lewd exhibition of the
genitals.
The actual or simulated infliction of pain by one (1) individual
upon another, or by an individual upon himself, for the purpose of
the sexual gratification or release of either individual, as a result
of flagellation, beating, striking or touching of an erogenous zone,
including without limitation the thigh, genitals, buttock, pubic region,
or, if such person is a female, a breast.
Ultimate sexual acts, actual or simulated, between a human being
and an animal.
Any surface provided for the exclusive use of pedestrians.
All the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks.
[Ord. No. 95-161 §1, 11-1-1995]
A.
No person
shall install, use or maintain any newsrack which projects onto, into,
or over, or which rests, wholly or in part, upon the roadway of any
public street.
B.
No person
shall install, use or maintain any newsrack which in whole or in part
rests upon, in, or over any public sidewalk or parkway:
1.
When
such installation, use, or maintenance endangers the safety of persons
or property;
2.
When
such site or location is used for public utility purposes, public
transportation purposes, or other governmental use;
3.
When
such newsrack unreasonably interferes with or impedes the flow of
pedestrian or vehicular traffic, including parked or stopped vehicles;
the ingress in or egress from any residence or place of business;
the use of poles, posts, traffic signs or signals, hydrants, mailboxes,
or other objects permitted at or near said location;
4.
When
such newsrack interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery; or
5.
In any
other manner inconsistent with or in violation of the provisions of
this Chapter.
C.
No person
shall install, use or maintain any newsrack without first obtaining
a permit from St. Charles County Division of Planning and Zoning of
the Department of Community Development.
D.
No person
shall install, use or maintain any newsrack which is chained, bolted,
or otherwise attached to any stop light, stop sign or other road sign,
fire hydrant, Fire or Police call box or parking meter. No person
shall install, use or maintain any newsrack which is chained, bolted
or otherwise attached to any other fixture not enumerated above (including
but not limited to lamp posts, utility poles, buildings) located in
the public right-of-way unless written permission is obtained from
both the entity having control of the public right-of-way and the
owner of the fixture. Newsracks may be chained or otherwise attached
to other newsracks.
E.
No person
shall install, use or maintain any newsrack which is otherwise in
violation with the location requirements, placement requirements,
number limitations, or maintenance and installation standards contained
within this Chapter.
[Ord. No. 95-161 §1, 11-1-1995]
A.
Permit Required. It shall be unlawful for any person, firm
or corporation to erect, place, maintain or operate on any public
street or sidewalk, or in any other public way or place, in the County
of St. Charles any newsrack without first having obtained a permit
from the St. Charles County Division of Planning and Zoning of the
Department of Community Development specifying the exact location
of such newsrack. One (1) permit may be issued to include any number
of newsracks, and shall be signed by the applicant.
B.
Application. Application for such permit shall be made,
in writing, to the St. Charles County Division of Planning and Zoning
of the Department of Community Development upon such form as shall
be provided by it, and shall contain the name and address of the applicant,
the proposed specific location(s) of said newsrack(s), and shall be
signed by the applicant. From the application information, the St.
Charles County Division of Planning and Zoning of the Department of
Community Development shall approve the location(s). It shall be guided
therein solely by the standards and criteria set forth in this Chapter.
In any case where the St. Charles County Division of Planning and
Zoning of the Department of Community Development disapproves of a
particular location, the applicant may designate a different location
or locations.
C.
Conditions. Permits shall be issued for the installation
of a newsrack or newsracks conditioned upon observance of the provisions
of this Chapter.
D.
Issuance. Permits shall be issued within five (5) working
days after the application has been filed. A permit fee of five dollars
($5.00) per location shall be required. Such permits shall be valid
for two (2) years and shall be renewable pursuant to the procedure
for original applications referred to in this Section and upon payment
of a three dollar ($3.00) per location permit renewal fee.
[Ord. No. 95-161 §1, 11-1-1995]
Every person who places or maintains a newsrack on any public
right-of-way in St. Charles County shall have his permit number, name,
address, and telephone number affixed to the newsrack in a place where
such information may be easily seen.
[Ord. No. 95-161 §1, 11-1-1995]
A.
No newsrack
shall be placed on any public land except in a right-of-way and shall
in each instance comply with the following standards:
1.
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.
2.
No person
shall install, use or maintain any newsrack which is chained, bolted,
or otherwise attached to any stop light, stop sign or other road sign,
fire hydrant, Fire or Police call box or parking meter. No person
shall install, use or maintain any newsrack which is chained, bolted
or otherwise attached to any other fixture not enumerated above (including
but not limited to lamp posts, utility poles, buildings) located in
the public right-of-way unless written permission is obtained from
both the entity having control of the public right-of-way and the
owner of the fixture. Newsracks may be chained or otherwise attached
to other newsracks.
3.
Newsracks
may be placed next to each other, provided that no group of newsracks
shall extend for a distance of more than eight (8) feet along a curb,
and a space of not less than three (3) feet shall separate each group
of newsracks.
4.
No newsrack
shall be placed, installed, used or maintained:
a.
Within
three (3) feet of any marked crosswalk.
b.
Within
three (3) feet of the curb return of any unmarked crosswalk.
c.
Within
five (5) feet of any fire hydrant, Fire call box, Police call box
or other emergency facility.
d.
Within
three (3) feet of any driveway.
e.
Within
three (3) feet ahead or twenty-five (25) feet to the rear of any sign
marking a designated bus stop.
f.
Within
three (3) feet of the end of any bus bench or park and plaza benches.
g.
At
any location whereby the clear space for the passageway of pedestrians
is reduced to less than three (3) feet.
h.
Within
three (3) feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping.
i.
Within
three (3) feet of any display window of any building abutting the
sidewalk or parkway or in such a manner as to impede or interfere
with the reasonable use of such window for display purposes, unless
the proprietor of the business containing such display window gives
written permission to place the newsrack closer to the display window.
j.
Within
three (3) feet of a building entrance.
k.
Within
one hundred (100) feet of any other newsrack on the side of the street
in the same block containing the same issue or edition of the same
publication.
l.
On
any access ramp for disabled persons.
m.
Within
three (3) feet of any stop sign or stop light and within two (2) feet
of all other signs, parking meters, lamp posts or utility poles.
5.
No more
than six (6) newsracks shall be located on any public right-of-way
within a space of two hundred (200) feet in any direction within the
same block of the same street; provided however, that no more than
twelve (12) newsracks shall be allowed on any one (1) block. In determining
which newsracks shall be permitted to be located or to remain if already
in place, the St. Charles County Division of Planning and Zoning of
the Department of Community Development shall be guided solely by
the following criteria:
a.
First
(1st) priority shall be given to newsracks used for the sale of publications
which are newspapers of general circulation for St. Charles County.
b.
Second
(2nd) priority shall be given to newsracks used for the sale of daily
publications (those published on five (5) or more days in a calendar
week) which are not newspapers of general circulation for St. Charles
County.
c.
Third
(3rd) priority shall be given to newsracks used for the sale of weekly
publications (those published on at least one (1) but less than five
(5) days in a calendar week) which are not newspapers of general circulation
for St. Charles County.
d.
As
between newspapers included within any single category of priority
above, the St. Charles County Division of Planning and Zoning of the
Department of Community Development shall also be guided by the following
criteria of priorities whenever more than six (6) newsracks are proposed
for any one (1) location (two hundred (200) foot space) or more than
twelve (12) newsracks are proposed for any one (1) block:
[Ord. No. 95-161 §1, 11-1-1995]
A.
Any newsrack
which in whole or in part rests upon, in or over any public right-of-way
shall comply with the following standards:
1.
No newsrack
shall exceed five (5) feet in height, thirty (30) inches in width,
or two (2) feet in thickness.
2.
Each
newsrack shall be mounted so that it will remain stationary and immobile
either by use of weighted objects inside the newsrack or by bolting
the newsrack through all four (4) corners to a concrete pedestal base
with at least a four (4) inch minimum depth.
3.
No newsrack
shall be used for advertising signs or publicity purposes other than
that dealing with the display, sale, or purchase of the newspaper
or news periodical sold therein.
4.
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 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.
5.
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:
a.
It
is reasonably free of dirt and grease;
b.
It
is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof;
c.
It
is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
d.
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 discoloration;
e.
The
paper or cardboard parts or inserts thereof are reasonably free of
tears, peeling or fading; and
f.
The
structural parts thereof are not broken or unduly misshapen.
[Ord. No. 95-161 §1, 11-1-1995]
A.
Publications
offered for sale or distribution from newsracks placed or maintained
on or projecting over public rights-of-way shall not be displayed
or exhibited in a manner which exposes to public view from the street
or sidewalk any of the following:
1.
Any
publication or material which exposes to public view any pictorial
material that is obscene;
2.
Any
statements or words describing explicit sexual acts, sexual organs,
or excrement where such statements or words have as their purpose
or effect sexual arousal, gratification, or affront;
3.
Any
picture or illustration of a person's genitals, pubic hair, perineum,
anus, or anal region where such picture or illustration has as its
purpose or effect sexual arousal, gratification, or affront; or
4.
Any
picture or illustration depicting explicit sexual acts as defined
in this Chapter where such picture or illustration has as its purpose
or effect sexual arousal, gratification, or affront.
[Ord. No. 95-161 §1, 11-1-1995]
Every owner of a newsrack who places or maintains a newsrack
on a public right-of-way in St. Charles County shall file a written
statement with the St. Charles County Division of Planning and Zoning
of the Department of Community Development whereby such owner agrees
to indemnify and hold harmless the County, its officers, and employees,
from any loss, liability, or damage, including expenses and costs,
for bodily or personal injury, and for property damage sustained by
any person as a result of the installation, use and/or maintenance
of a newsrack within St. Charles County.
[Ord. No. 95-161 §1, 11-1-1995]
In the event that a newsrack remains empty for a period of thirty
(30) continuous days, the same shall be deemed abandoned, and may
be treated in the manner as provided in this Chapter for newsracks
in violation of the provisions of this Chapter.
[Ord. No. 95-161 §1, 11-1-1995]
Upon determination by the St. Charles County Division of Planning
and Zoning of the Department of Community Development that a newsrack
has been installed, used or maintained in violation of the provisions
of this Chapter, an order to correct the offending condition shall
be issued to the distributor of the newsrack. Such order shall be
telephoned to the distributor and confirmed by mailing a copy of the
order by certified mail return receipt requested. The order shall
specifically describe the offending condition and suggest actions
necessary to correct the condition. Failure to properly correct the
offending condition within five (5) working days after the mailing
date of the order shall result in the offending newsrack being summarily
removed and processed as unclaimed property. If the offending newsrack
is not properly identified as to owner under the provisions of this
Chapter, it shall be removed immediately and processed as unclaimed
property. An impound fee, which shall be measured by the County's
cost and expense of impounding, shall be assessed against each newsrack
summarily removed. The St. Charles County Division of Planning and
Zoning of the Department of Community Development shall cause inspection
to be made of the corrected condition or of a newsrack reinstalled
after removal under this Section. The distributor of said newsrack
shall be charged a fifty dollar ($50.00) inspection fee for each newsrack
so inspected. This charge shall be in addition to all other fees and
charges required under this Chapter.
