The City of Royal Oak hereby finds and declares:
A.
The City of Royal Oak has a substantial interest in promoting the
public health, safety, and welfare of its citizens and visitors by
ensuring that public streets, sidewalks and rights-of-way are not
unreasonably obstructed by newsracks, that newsracks are properly
maintained, and that newsracks do not create a visual blight in the
City, especially within downtown Royal Oak.
B.
In recent years, the proliferation of newsracks on downtown streets,
and particularly poorly maintained or abandoned freestanding newsracks,
has contributed to the congestion of City sidewalks, impeded the flow
of pedestrian and vehicular traffic, interfered with the use of streets,
sidewalks and public rights-of-way, presented hazards to persons and
property, resulted in visual blight, and hindered the ability of public
services such as sidewalk and street cleaning. Certain newsracks have
been placed in inappropriate locations, have been abandoned, are poorly
maintained, and have been used as trash receptacles, causing unsightly
and unsanitary clutter and litter.
C.
The City of Royal Oak has a substantial interest in preserving and
protecting its unique visual and aesthetic qualities as identified
in the City of Royal Oak Master Plan. To that end, and consistent
with the Downtown Development Authority's Wayfinding Recommendations
Program Document, and the objectives of the Downtown Development Authority
and Main Street Royal Oak, it is in the best interest of the City
to take steps to solve and reduce the negative effects of this problem.
D.
After conducting an extensive study and inquiry into this problem,
as documented in the Downtown Development Authority's Wayfinding
Recommendations Program Document, it has become clear that an effective
way to remedy this problem is to require that all newspapers and other
publications desiring to be sold or provided in newspaper racks on
downtown sidewalks or other public property or rights-of-way be placed
in and sold from modular units which are provided by the City at locations
commensurate with the locations at which newspapers and other publications
are currently being sold or provided.
E.
The purpose of this article is therefore to accomplish the following:
(1)
Provide for increased pedestrian and vehicular safety and convenience;
(2)
Ensure that there is no unreasonable interference with the free flow
of pedestrian or vehicular traffic, including ingress into, or egress
from, any residence, place of business or public facility, or any
legally parked or stopped vehicles;
(4)
Provide reasonable access for the safe and efficient use and maintenance
of sidewalks, street lamps, traffic signs or signals, hydrants, mailboxes,
police or fire call boxes, sidewalk elevators, delivery areas, loading
zones, transit shelters, benches, waste receptacles, street trees,
planters and plant boxes, curb ramps, parking meters, and locations
used for public transportation services;
(5)
Reduce visual blight, clutter and litter problems associated with
poorly maintained, improperly located or abandoned newsracks;
(6)
Protect the unique aesthetic and historical attributes of the City
and its downtown;
(7)
Advance the economic interests of the City's businesses and
residents, including the interests of those involved in the publication
or distribution of newspapers and news periodicals through newsracks;
and
(8)
Prevent newsracks from unduly interfering with City sidewalk and
street cleaners as well as other public services, especially within
the downtown area.
F.
In adopting this article, the City of Royal Oak is mindful that regulation
of newsracks implicates rights protected by the Constitutions of both
the United States and the State of Michigan. To that end, this article
was drafted and shall be applied and enforced in a manner consistent
with these constitutional rights. The content or viewpoint of the
material to be distributed through modular newsrack units shall not
be considered in administering or enforcing this article.
G.
Given the limited space available and the increasing congestion on
certain public sidewalks, streets and rights-of-way within the downtown
area, the City has a substantial interest in devising a systematic
approach to newsrack placement in those locales to ensure a fair and
equitable distribution of newspapers. This objective may be achieved
by providing modular newsrack units in certain locations in the City
as identified in the Downtown Development Authority's Wayfinding
Recommendations Program Document. Utilizing newsrack units and prohibiting
freestanding newsracks will promote the City's interest in promoting
public safety, reducing visual blight and clutter, protecting the
unique aesthetic and historical attributes of the City and its downtown,
and advancing the economic interests of the City's businesses
and residents by improving the appearance of the area and resulting
in better use of space and reduced congestion.
H.
A reasonable accommodation of these competing interests can be achieved
by adoption of this article, which reasonably regulates the placement
of newsracks in specified areas.
As used in this article, the following words shall be defined
as follows:
Any newsrack box which either remains empty for more than
30 business days or contains only outdated issues based on frequency
of publication as set forth in the registration application. In case
of a labor strike or a temporary and extraordinary interruption of
distribution of publications of the newspaper or other periodical
sold or dispensed from that newsrack box, the publication shall notify
the Director in writing in order to avoid having the newsrack box
deemed abandoned.
Two or more modular newsrack units located such that each
unit is within a twenty-five-foot radius of another unit.
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used for, or maintained for the
display and sale or the distribution without charge of newspapers,
news periodicals or other publications, and which is not a modular
newsrack unit authorized under this article.
A newsrack which is provided by the City for the placement
of publications to be sold or distributed in the City on public streets,
sidewalks and rights-of-way.
A newsrack box, a freestanding newsrack, or a modular newsrack
unit.
The individual space within a modular newsrack unit that
dispenses one newspaper or other periodical, including the door, coin
return mechanism and associated hardware, not including any freestanding
newsrack.
Any morning, evening, special or other editions of a publication,
as well as any editions published jointly with another publisher.
A publication which has registered with the City to locate
its publications in one or more modular newsrack units.
The final document prepared and published by the DDA containing
the goals, objectives, maps, plans, implementation strategies, and
proposed location plan of the DDA's Signage and Wayfinding Study.
The requirements of this article shall apply to all newsracks
located on public property or public streets, sidewalks or rights-of-way
within the downtown development area as defined in the DDA's
Downtown Development and Tax Increment Financing Plan. The Director
is authorized to establish guidelines for implementation of this article
in certain areas or locations within the downtown development area
and to establish dates by which modular newsrack units will be in
place and all freestanding newsracks must be removed and in compliance
with this article, in each area or location. The deadlines for compliance
with this article and the Director's guidelines shall be mailed
by first-class mail to each affected publication at least 30 days
prior to the implementation date in each location. These deadlines
shall also be published in a newspaper of general circulation in the
City at least 30 days prior to the implementation date in each location.
A.
The Director shall be responsible for carrying out the provisions
of this article and for performing the duties described herein.
B.
It is the intent of the City Commission that the duties imposed upon
the Director by this article be directory in nature, and that as a
result, the Director's failure to comply with a particular procedural
step shall not invalidate any subsequent action by the Director to
which the procedural requirement relates.
A.
Except as otherwise provided in this article, no newsracks other
than modular newsrack units provided by the City may be placed, operated
or maintained on any public street, sidewalk or public right-of-way
or portion thereof.
B.
No newsrack box or modular newsrack unit shall be used for purposes
of advertising or publicity. However, each publication may attach
a decal, no larger than four inches high and 16 inches wide, to a
specified area on the front of its newsrack boxes for the purpose
of displaying the name of the publication contained in the newsrack
box. The publication shall be responsible for ensuring that any such
decals are maintained in a clean and good condition.
C.
No person or entity shall violate any other section, subsection,
guideline or provision of this article.
A.
Requirement. Registration with the City is necessary to facilitate
the regulation and inspection of newsrack boxes and to allocate space
for the purposes set forth in this article. No person may place any
publication in any modular newsrack unit on a public sidewalk, street,
public right-of-way or portion thereof for the purpose of sale or
distribution without having first registered with the City.
B.
Duty to register. Each publication seeking access to a modular newsrack
unit shall register with the City for each location and for each unit
at which the publication seeks access. The registered publication
shall be responsible for the payment of all fees or penalties due
or imposed under this article with respect to that registered publication's
modular newsrack unit(s) or newsrack box.
C.
Registration. Registration for placement in a modular newsrack unit
shall be made in writing and filed with the Planning Division. The
application package shall inform the applicant of the requirements
of this article and the guidelines provided herein.
D.
Approval. Upon receipt of a properly completed application from a
publication, or from the agent for a publication, accompanied by written
authorization from the publication along with the required fee, the
Director shall register the publication for placement in a modular
newsrack unit within 15 working days of receipt of the application,
unless, based on the requirements of this article or the guidelines
provided herein, there are grounds requiring denial of the application.
If an application is disapproved in whole or in part, the Director
shall notify the applicant promptly in writing within 15 working days
of receipt of application, explaining the reasons for the denial.
E.
Effect of registration. The City Commission specifically determines
that the approval of an application and registration of a publication
by the City pursuant to this section confers a nontransferable, revocable
privilege on the registered publication. In addition, the City Commission
may at any time in its exclusive legislative discretion elect to repeal
or amend this article and thereby render null and void any approval
and/or registration issued pursuant this section.
F.
Fees. There shall be an annual registration fee to be paid by all
publications to the Planning Division for each newsrack box utilized
by the publication for the sale or distribution of its publications.
The amount of this registration fee shall be determined by resolution
of the City Commission. The fee is not for the purpose of generating
revenues or to reimburse the City for its costs in purchasing the
modular newsrack units. The purpose of the fee is to cover the cost
incurred in maintaining the exterior of the modular newsrack units
and repairing or replacing damaged units. The fee shall be reviewed
annually by the Director, who shall propose to the City Commission,
if necessary, any recommended adjustments, along with written justification
for the adjustment and any necessary amendment. If a publication fails
to pay the required fee within 30 days after it becomes due, the Director
shall provide written notice that registration will be revoked and
the newsrack box removed if the fee is not paid within 10 days of
this notice. If the fee is not paid within 10 days, registration shall
be revoked and the newsrack box removed.
A.
The precise locations of modular newsrack units in the City shall
be recommended by the Director and presented on a detailed map of
the City for approval by the DDA. The following factors shall be taken
into account:
(1)
The "Proposed Sign Location Map" and other goals, objectives, and
implementation strategies of the Wayfinding Recommendations Program
Document;
(2)
The locations being utilized prior to the adoption of this article,
including the publications' desire to maintain these locations
and the number of publications present at each location;
(3)
Pedestrian and vehicular congestion, traffic and safety considerations
at certain locations, including impediments to access by individuals
with disabilities, and interference with public services;
(4)
Demand for and access to publications at the locations, including
the availability of alternative channels of distribution other than
through newsracks;
(5)
Urban blight, litter, aesthetic and historical concerns;
(6)
Access to and use of street furniture and public transit facilities,
including such access and use by individuals with disabilities; and
(7)
Sight lines and access to buildings with first-floor retail space.
B.
Any interested person may petition the Director to request the addition
of one or more additional modular newsrack unit locations. Such petition
shall be in writing and shall include written statements from publications
that are willing to register for each proposed location. Upon receiving
such a petition, the Director will present the request to the DDA
within 45 days of receipt thereof to determine whether the placement
of one or more additional modular newsrack units in the proposed new
location would be authorized under the requirements of this article
and its guidelines. The DDA shall consider a request for the creation
of a new location(s) for the installation of one or more modular newsrack
units if the following conditions are met:
(1)
All other requirements of this article have been met with regard
to the location;
(2)
There are no other modular newsrack units within 50 feet of the proposed
location;
(3)
The location will not unreasonably impede pedestrian traffic, prevent
the performance of essential public services such as sidewalk sweeping,
and will not create a traffic hazard;
(4)
The location is one at which an unsatisfied demand for publications
is not met by existing modular newsrack units;
(5)
A minimum of four publications, all published at least once per week,
are seeking to sell or distribute their publications at this location;
and
(6)
Newsracks will be oriented for pedestrian use and will face the interior
of the sidewalk.
C.
The DDA shall also have the option of requiring the Director to place
a modular newsrack unit at the proposed location on a trial basis
for up to 60 days in order to determine the viability of the location.
If the location is determined not to be in contravention of this article
and the DDA feels its addition would be proper, it shall recommend
to the Director that this new location be created. Otherwise, the
petition should be denied.
A.
With respect to publications' access to specific modular newsrack
units, space shall be allocated based upon frequency of publication
as follows:
(1)
First priority shall be given to publications which are distributed
at least five days per week, inclusive of their Saturday, Sunday or
weekend editions, whether or not published jointly with another newspaper;
(2)
Second priority shall be given to publications published between
one and four times per week;
(3)
Third priority shall be given to publications published between two
and four times per month;
(4)
Fourth priority shall be given to publications published one time
per month or less.
B.
No publication that has selected a space in a modular newsrack unit
or cluster of modular newsrack units may receive a second space in
a unit or cluster of units.
C.
In implementing this allocation scheme as to each modular newsrack
unit or cluster of modular newsrack units, the Director shall conduct
a meeting, at which time each category beginning with Category 1,
daily and weekly publications, will be allowed to select a position
in a given location. When each publication in that category that so
desires has chosen a position in that location, each publication in
Category 2 shall select a position and so forth through Category 4.
The publications in each category may agree among themselves as to
the order they will follow in selecting positions. If they are unable
to agree, the Director shall determine the order within each category
by drawing lots.
D.
If all available modular newsrack units are filled and a publication
decides to vacate a space in a modular newsrack unit, the Director
shall maintain a list of publications that are interested in additional
spaces as they become available and shall provide notice to these
publications when spaces become available. The Director shall assign
a publication to the available space in accordance with the procedures
set forth in this section.
E.
Where a publication not previously distributed seeks access to a
modular newsrack unit in a location, such publication shall first
endeavor to locate in any vacant spaces of an existing modular newsrack
unit before requesting that the Director provide an additional modular
newsrack unit.
F.
In any circumstances where a publication decides to vacate a location
or a newsrack box, the publication shall promptly notify the Director
of the intention to vacate the location.
A.
The DDA shall be responsible for maintenance of the exterior of all
modular newsrack units, excluding any decal or sign indicating the
name of the publication. A replacement unit shall be provided by the
DDA while it repairs or refurbishes a modular newsrack unit. The DDA
shall provide a replacement unit within a reasonable period of time
after being notified that a unit is damaged and the DDA determines
that the unit needs immediate repair.
B.
The publications shall be responsible for maintenance of the doors
and door mechanisms as well as the interior of the modular newsrack
units or newsrack box, including all mechanical equipment. All coin-operated
newsrack boxes shall be equipped with a coin-return device that is
maintained in good repair and working order to enable persons to secure
full refunds if they are unable to receive the publication paid for.
In the case of coin-operated newsrack boxes, the publication shall
be responsible for maintenance of the coin-operated mechanism, including
the coin return. Any damage to the modular newsrack unit resulting
from maintenance, theft or vandalism to the coin mechanism shall be
repaired by the publication.
A.
Unless otherwise provided herein, any person who is aggrieved by
a determination made by the Director or an applicant whose registration
is denied may file a request for review of the decision by the DDA.
Such a request must be filed at the Planning Division not more than
10 business days following the Director's decision or the denial.
The DDA shall consider the request at its next regularly scheduled
meeting, consistent with public meeting law requirements, and shall
vote either to affirm or reverse the Director's decision or the
denial. The DDA's decision shall be provided to the Director
within two business days, who shall immediately notify the person
of the decision. The Director shall act in accordance with the decision
of the DDA.
B.
If a person is aggrieved by a decision of the DDA with regard to
the denial of a new modular newspaper rack location, the person may
file an appeal to the City Commission.
C.
In the event that a person remains aggrieved after an appeal to the
DDA or the City Commission, the person may provide to the Planning
Director, within 10 days of the decision of the DDA or City Commission,
a notice of intent to institute legal proceedings against the City.
Once the Director has received this notice, the Director shall reasonably
accommodate the person's request until the earlier of the time
that a lawsuit is filed against the City or 60 days from the receipt
of the notice of intent by the Director.
A.
The Director is authorized to remove without prior notice any newsrack
that poses an immediate danger to persons, vehicles or property or
remove any newsrack interfering with construction activity or public
works. Such removal shall be in accordance with the notice and hearing
procedures set forth below.
B.
The Director shall provide advance notice of removal and the reasons
therefor to the publications if possible. Within 48 hours after removal,
the Director shall notify the owner in writing of the removal and
the reasons for removal if no advance notice was provided. The Director
shall attempt to relocate the units to a location as close as possible
to the vacated location considering the guidelines established by
this article.
C.
The Director is authorized to remove and impound any unauthorized
newsracks in accordance with the following procedures:
(1)
Notice of violation and impoundment. The Director shall post a notice
of violation on the unauthorized newsrack and shall use all reasonable
efforts to immediately contact the owner of the newsrack or other
responsible party by facsimile and telephone where this information
is contained on the newsrack or available from the Director's
records. The notice attached to the newsrack, and any written notice
transmitted to the owner, shall also inform the owner of the right
to request, by facsimile, telephone or in person by the close of business
on the first business day following the date of the notice of violation,
a meeting with the Director to determine whether the newsrack is in
violation of this article. If the newsrack has not been removed, and
the owner has not requested a meeting with the Director by the close
of the next business day following the day that the notice of violation
has been affixed, the Director may remove and impound the offending
newsrack. Within 48 hours after the removal, the Director shall notify
the owner in writing of the removal and the reasons for removal. If
the owner did not request a meeting with the Director prior to removal
of the newsrack, the notice shall also inform the owner of the right
to request, either in writing or in person, within five business days
of the date of the postmark of such written notice, a meeting with
the Director to determine whether such removal was proper.
(2)
Meeting and decision. Upon timely request, the Director shall provide
such a meeting by the close of the next business day following receipt
of the request, unless the owner agrees to a later date. The proceeding
shall be informal, but oral and written evidence may be offered. The
Director shall give his or her decision in writing to the owner within
three business days after such meeting. If no meeting has been requested,
and/or the Director finds that the impoundment was proper, the Director
shall notify the owner that the impounded newsrack may be recovered
following payment of a fine as established by resolution of the City
Commission. If the Director finds that the impoundment was improper
and/or that placement of the newsrack was lawful, the Director shall
order the immediate release to the owner and reinstallation by the
City at its expense of the newsrack without charge.
(3)
Disposal of impounded newsracks. Newsracks that are not claimed within
30 calendar days of impoundment shall be disposed of in a manner determined
by the Director in accordance with state law. The owner of an unauthorized
newsrack shall be responsible for restoring the sidewalk to its original
condition if damaged by the unauthorized newsrack.
