As is more specifically stated in the recitals to the ordinance that adopted this chapter, the purpose of this chapter is to allow freedom of speech and of the press while protecting public safety and aesthetics.
(Ord. 1284 § 1, 1998)
As used in this chapter:
means any news rack which remains empty for thirty business days, except that a news rack remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication by the newspaper or other publication sold or distributed from that news rack shall not be deemed abandoned.
means the director of public works of this city or his/her designees.
means any self service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display and sale or distribution, with or without charge, of newspapers or news periodicals.
means any area between a sidewalk and a curb.
means and includes those areas dedicated to public use for public street purposes including, but not limited to, roadways, median strips, parkways, alleys and sidewalks.
means that portion of a public right-of-way improved, designed and ordinarily used for vehicular traffic including drainage gutters and curbs a minimum of six inches in horizontal width.
means that portion of a public right-of-way provided for the exclusive use of pedestrians.
(Ord. 1284 § 1, 1998)
No person shall install, use or maintain any news rack or other structure which projects onto, into or over any part, upon, along or over any portion 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 or the parkway.
No person shall install, use or maintain any news rack which in whole or in part rests upon, in or over any public sidewalk when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public transportation purposes, or other governmental use, or when such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location, or when such news rack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
Any news rack shall be located so as to maximize public convenience, health, safety and welfare, both as to accessibility to the news racks and the use of the public right-of-way as a thoroughfare, and the aesthetic appearance of the area.
Any news rack which, in whole or in part rests upon, in or over any public sidewalk shall comply with the following standards:
(1)
News racks shall only be placed near either edge of a sidewalk. News racks placed near the edge shall be at least eighteen inches from the edge, where parking is not permitted and thirty-six inches where parking is permitted. News racks shall face inward (towards the center of the sidewalk) from the edge of the sidewalk irrespective of which side of the sidewalk is used.
(2)
No news rack shall be chained, bolted or otherwise attached to any property not owned by the owner of the news rack or to any permanently affixed object, except that a news rack shall be bolted to the sidewalk.
(3)
No news rack shall exceed four feet in height, or two feet in thickness.
(4)
No news rack shall be placed, installed, used or maintained:
(A)
Within twenty feet of any marked crosswalk;
(B)
Within twenty feet of the curb return of any unmarked crosswalk;
(C)
Within fifteen feet of any fire hydrant, fire call box or other emergency facility;
(D)
Within twenty feet of any driveway;
(E)
Within five feet ahead of and twenty-five feet to the rear of any sign marking a designated bus stop;
(F)
Within ten feet of any bus bench or shelter;
(G)
Within three 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;
(H)
In a grouping of more than four, with a minimum of three feet between groupings;
(I)
Within one hundred feet of any other such news rack on the same side of the street within the same block containing the same edition of the same publication;
(J)
At any location whereby the clear space for the passage way of pedestrians is reduced to less than four feet;
(K)
Within three feet of any area improved with lawns, flowers, shrubs or trees;
(L)
In any parkway or planted area.
(5)
Notwithstanding the provisions of this section, if the director of public works, finds that the location of a news rack in accordance with the standards set forth herein, will create or allow a condition prohibited by this section, or will otherwise endanger the public peace, health, safety or welfare, or be contrary to the purposes and intent of this chapter, he or she may prohibit the location of such news rack in accordance with such standards and/or may allow the location of such a news rack in a manner deviating from, or at variance with the standards provided herein, subject to such terms, conditions and regulations as he/she deems necessary to protect the public peace, health, safety or welfare, and to carry out the purposes and intent of this chapter.
Such finding may be made by the director of public works, at any time. If such finding is made prior to the issuance of a permit, the finding of the director of public works shall be made a part of the permit at the time of issuance.
(6)
Installation and Maintenance.
(A)
News Rack Enclosures. The city may, at its option, construct enclosures to house news racks, in lieu of or in addition to existing news rack structures.
(B)
Identifying Information. Each news rack installed, used or maintained pursuant to this chapter shall be identified with the name, address, telephone number and facsimile number of the owner or its representative in a manner so as to be clearly visible.
(C)
Use for Advertising Is Prohibited. No news rack shall be used for commercial advertising, signs or publicity purposes, other than to state the name of the newspaper or periodical on the dispensing side of the news rack and an identification of the name, address, telephone number and facsimile number of the owner or its representatives. No other words, writing, pictures or other graphics shall be on the sides, back or top of any news racks and all other signage is prohibited.
(D)
Working Condition. Each news rack shall be maintained in good operating condition by its owner and shall be maintained so as not to become mechanically inoperable or have cracked or broken coverings or casings. Each machine shall be painted or covered with a protective coating so as to keep it free from rust.
(7)
News Rack Location Limitation in Specified Locations.
Number Permitted. No more than eight news racks shall be located on any public right-of-way within a space of two hundred feet in any direction within the same block of the same street. No more than sixteen news racks shall be allowed on any one block. As used herein, "block" means one side of a street between two consecutive intersecting streets.
The number of news racks permitted on any public right-of-way within a space of two hundred feet in any direction within the same block of the same street may be increased to twelve and the number of news racks allowed in any one block may be increased to twenty-four by resolution of the city council upon a finding that the increase is necessary because of the high demand for newspapers at the specified location.
(Ord. 1284 § 1, 1998)
News racks shall be of a traditional box design. News racks shall not be used which are shaped like other objects, including but not limited to cars, trucks or homes.
(Ord. 1284 § 1, 1998)
No person shall place or maintain any news rack on any sidewalk without an encroachment permit issued pursuant to Chapter 11.08. Notwithstanding the requirements of said chapter, such a permit need only be obtained within five days of the placement of such a news rack. Such permits may cover multiple locations and said locations may be changed from time to time on the permit if the locations are in compliance with this chapter and the changes processed in a timely manner with the director of public works or his designee. Permittee may be required to affix display and an encroachment permit decal.
(Ord. 1284 § 1, 1998)
In the event of removal of a news rack, the owner shall be required to restore the site to its original condition, leaving no hole or projection. Sidewalk sections shall be replaced from scoremark to scoremark unless the director of public works determines that a lesser repair may be satisfactorily performed to ensure the public safety and sidewalk maintenance.
(Ord. 1284 § 1, 1998)
In allocating locations, the applicants shall be entitled to the location on a first-placed basis. No rights shall exist to any spot abandoned, and staff may award the right to an abandoned spot by seniority on a waiting list or by lottery or other chance drawing.
(Ord. 1284 § 1, 1998)
(a)
A news rack in violation of this chapter may be removed by a designated public works or code enforcement employee of the city, if it is impossible to remedy the violation and such violation poses a danger to health and safety, pedestrians or vehicular traffic.
(b)
Before any news rack is removed, the owner shall be notified by posting and mailing, where feasible, to the address for such party stated on the encroachment permit and giving ten calendar days to remedy the violation and/or contest removal. If no identification is shown on the news rack and no encroachment permit has been obtained, posting of the notice on the news rack alone shall be sufficient. Both forms of notice shall state the place to request a hearing to contest removal of the news rack.
(c)
Any person notified under subsection (b) of this section may submit a written request for a hearing before the public works director, which hearing shall not be held less than ten business days after the request was made. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the city with respect to the alleged violation shall be stayed pending the public works director's decision following the hearing, which decision shall be rendered no later than ten business days after the hearing. The public works director may give oral notice of the decision at the close of the hearing, but shall also give written notice of all decisions.
(d)
The city may remove a news rack if the person responsible for such news rack has:
(1)
Neither requested a hearing before the public works director nor remedied the violation within ten business days following the date of notice; or
(2)
Failed to remedy the violation within ten business days after receiving a copy of the written decision that the news rack was installed or maintained in violation of this chapter, following a hearing as conducted pursuant to this section.
(e)
Notwithstanding the provisions of subsection (b) of this section, prior notice of removal is not required where the news rack poses a danger to pedestrians or vehicles, provided notice of the removal and opportunity to contest is given the owner within ten calendar days of the removal.
(f)
Removed or impounded news racks shall be retained and may be recovered by their owner within thirty business days of their removal. News racks removed or impounded by the city shall be retained at the city's corporation yard. News racks which are not claimed within thirty business days shall be deemed permanently abandoned and shall be disposed of.
(g)
The person responsible for such news rack shall pay an impound fee covering the actual cost to the city of removal, transporting, storing and disposing of such news rack, and restoration of the site.
(h)
Abatement hereunder is a cumulative remedy and does not constitute a defense to misdemeanor citation proceedings which may be employed simultaneously pursuant to the general provisions of this code.
(Ord. 1284 § 1, 1998)
In addition to the remedies provided for herein, any person, firm or entity violating the provisions of this chapter shall be guilty of a misdemeanor and punishable as provided in Chapter 1.16.
(Ord. 1284 § 1, 1998)