Building and zoning administrator.
Shall include his designated representative.
Distributor.
The person responsible for placing and maintaining a news rack in a public right-of-way, or using a city-owned unit.
News rack.
Any self-service or coin-operated box, container, storage unit or other dispenser, including city-owned units, installed, used or maintained for the display and sale of newspapers or other news periodicals.
Parkway.
That area between the sidewalks and the curb of any street, and where there is no sidewalk that 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.
Public right-of-way.
All that area dedicated to public use for public street purposes, and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
Roadway.
That portion of a street improved, designed, or ordinarily used for vehicular travel.
Sidewalk.
That portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.
(1996 Code, secs. 4.1201, 4.1208)
(a) 
Any news rack which rests in whole or in part upon or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this article.
(1) 
No news rack shall be used or maintained which projects upon, 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 news rack shall be chained, bolted, or otherwise attached to any fixture located in the public right-of-way, except to other news racks.
(3) 
News racks may be placed next to each other, provided that no group of news racks shall extend for a distance of more than eight feet (8') along a curb, and a space of not less than three feet (3') shall separate each group of news racks.
(4) 
No news racks shall be placed, installed, used or maintained:
(A) 
Within three feet (3') of any marked crosswalk.
(B) 
Within twelve feet (12') of the curb return of any unmarked crosswalk.
(C) 
Within five feet (5') of any fire hydrant, fire call box, police call box or other emergency facility.
(D) 
Within five feet (5') of any driveway.
(E) 
Within three feet (3') ahead or fifteen feet (15') to the rear of any sign marking a designated bus stop.
(F) 
Within three feet (3') of the outer end of any bus bench.
(G) 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (6').
(H) 
Within three feet (3') of or on any public area improved with lawn flowers, shrubs, trees or other landscaping.
(I) 
On any handicap access ramp.
(J) 
At any location in Snider Plaza, between Hillcrest, Daniel, Dickens, and Lovers Lane, except city-owned news racks may be located as follows:
(i) 
Ten (10) units on the north side of Westminster, between Snider Plaza and Hillcrest;
(ii) 
Eight (8) units on the west side of Hillcrest, between Rankin and Westminster;
(iii) 
Fourteen (14) units at the southeast corner of Snider Plaza and Rankin;
(iv) 
Six (6) units at the southwest corner of Hillcrest and Milton;
(v) 
Six (6) units at the northwest corner of Snider Plaza and Milton;
(vi) 
Fourteen (14) units at the northwest corner of Snider Plaza and Daniel; and
(vii) 
Ten (10) units at the southwest corner of Snider Plaza and Rosedale.
(K) 
At the intersections of Hillcrest and McFarlin, Hillcrest and Asbury, or Hillcrest and Granada, except city-owned racks may be located as follows:
(i) 
Sixteen (16) units at the northwest corner of Hillcrest and McFarlin;
(ii) 
Sixteen (16) units at the southwest corner of Hillcrest and Asbury;
(iii) 
Ten (10) units at the southwest corner of Hillcrest and Granada.
(L) 
In the Shopping Center District zoning district in Preston Center East.
(M) 
In the 600 block of Preston Road near the Park Cities YMCA, on Normandy Avenue between Preston Road and Connerly Drive, on Connerly Drive between Normandy Avenue and Shenandoah Street, or on the 4000 block of Shenandoah Street, except a city-owned news rack may be placed on the east side of the sidewalk near the southeast corner of Preston Road and Shenandoah Street.
(b) 
The building and zoning administrator shall determine the exact design, location and configuration of the city-owned units in Snider Plaza and an equitable manner of allocation of the units among distributors. The city shall be responsible for the maintenance of such units.
(1996 Code, sec. 4.1205)
Upon determination by the building and zoning administrator that a news rack has been installed, used or maintained in violation of the provisions of this article, an order to correct the offending condition will be issued to the distributor and owner of the news rack. 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 conditions, suggest actions necessary to correct the condition, and inform the news rack distributor of the right to appeal. Failure to properly correct the offending condition within five (5) days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order or to appeal the order within (3) days after its receipt shall result in the offending news rack being summarily removed and processed as unclaimed property. If the offending news rack is not properly identified as to the owner under the provisions of this article, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the city’s cost and expense of impounding, shall be assessed against each news rack summarily removed. The building and zoning administrator shall cause inspection to be made of the corrected condition of a news rack reinstalled after removal under this section. The distributor of said news rack shall be charged an inspection fee, to be established by council resolution, for each news rack so inspected. This charge shall be in addition to all other fees and charges required under this article.
(1996 Code, sec. 4.1206)
Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this article may appeal and shall be advised of his right to appeal to the zoning board of adjustment. Any appeal and notice requirements shall be in the same manner as required for appeals and notice to the board in zoning cases. The zoning board of adjustment shall give the appellant, and any other interested party, a reasonable opportunity to be heard in order to show cause why the determination of the building and zoning administrator should not be upheld.
(1996 Code, sec. 4.1207)
In the event a news rack 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 section 4.10.003 for news racks in violation of the provisions of this article.
(1996 Code, sec. 4.1209)
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 city, any news rack without first having obtained a permit from the building and zoning administrator specifying the exact location of such news rack(s). One permit may be issued to include any number of news racks and shall be signed by the applicant.
(1996 Code, sec. 4.1202)
Application for such permit shall be made, in writing, to the building and zoning administrator upon such form as shall be provided by him and shall contain the name and address of the applicant, and the proposed specific location of said news rack, shall be accompanied by the appropriate fee established by the master fee resolution for each news rack space requested, and shall be signed by the applicant.
(1996 Code, sec. 4.1203)
(a) 
As an express condition of the acceptance of such permit, the permit holder thereby agrees to indemnify and save harmless the city, its officers, directors, and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury and for property damage sustained by any person as the result of the installation, use or maintenance of a news rack within the city.
(b) 
Permits shall be issued for the installation of a news rack or news racks without prior inspection of the location, except as provided herein, but such news rack or news racks and their installation, use or maintenance shall be conditioned upon observance of the provisions of this article. Permits shall be issued within twenty-four (24) hours (excluding Saturday and Sunday and legal holidays) after the application has been filed.
(c) 
Such permits shall be valid for three (3) years and shall be renewable pursuant to the procedure for original application referred to in section 4.10.032 above.
(d) 
Stickers showing the permit number shall be issued with the permit and must be displayed on the front of each news rack at all times.
(1996 Code, sec. 4.1204)