This article applies to all areas of the city except downtown.
(Ord. 2248, 12/5/2023)
Prior to installation of any newsrack or similar dispenser on public property, within the public right-of-way of any street, or within any public easement adjacent to any street, the person or persons responsible for such installation, use and/or maintenance shall apply for and secure an encroachment permit as provided in Chapter 13.04 of this code, except, however, no fees or bonds shall be required. No encroachment permit shall be issued except in conformance with this chapter. Any person may establish a single master encroachment permit covering any number or all of his or her newsracks within the city.
(Prior code § 5-9.09(a); Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
The encroachment permit application shall state the name(s)
and address(es) of those responsible for installation, use, and maintenance
of the newsrack(s) subject to the permit, and shall describe with
particularity the location(s) proposed for installation. The application
shall be approved and an encroachment permit issued within 10 calendar
days if the type of newsrack and the location(s) proposed meet the
standards set forth in this chapter. If some, but not all, of the
proposed locations conform to the standards for newsrack placement,
the application shall be approved and an encroachment permit issued
for those locations conforming to the standards.
(Prior code § 5-9.09(b); Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
If an application is disapproved, in whole or in part, the community
development director shall notify the applicant(s) promptly, explaining
fully the reasons for denial of an encroachment permit. The applicant(s)
shall have 15 days following receipt of such notice to appeal the
denial to the city manager.
(Prior code § 5-9.09(c); Ord. 1147 § 1, 1984; Ord.
2000 § 1, 2009; Ord. 2248, 12/5/2023)
A person securing an encroachment permit may install and maintain additional newsracks by an amendment to the permit originally granted to that person. The rules and procedures of Sections 6.28.050 through this section shall also apply to the review and approval of any such amendment.
(Prior code § 5-9.09(d); Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
A.
Multiunit Configurations. Newsracks in a multiunit configuration
standard in trade use permanently affixed to the ground in a manner
conforming to a standard detail for permanent installation of newsracks
as established by the community development director shall be required
or permitted.
B.
Single-Unit Configuration. Any single newsrack of standard design
commonly in trade use may be either movable or permanently affixed
to the ground in the following circumstances:
1.
Single-unit newsracks shall not be chained, bolted or otherwise attached
to any property not owned by the owner of the newsrack without the
consent of the owner of the property. Single-unit newsracks shall
not be chained, bolted or otherwise attached to any tree, shrub or
other plant nor situated upon any landscaped area.
C.
Permissible Height and Arrangement. The height of any newsrack shall
be no greater than five feet measured from the ground to the top surface
of the newsrack. The compartments of multiunit newsracks shall be
placed in such a manner as to utilize no more than two horizontal
rows of six compartments per row.
(Prior code § 5-9.10; Ord. 1147 § 1, 1984; Ord.
2000 § 1, 2009; Ord. 2248, 12/5/2023; Ord. 2248, 12/5/2023)
No newsrack shall be installed, used or maintained in any location upon public property, within rights-of-way, or within public easements adjacent to streets where such installation, use or maintenance endangers the safety of persons or property, or interferes with public utility, public transportation, or other government use, or unreasonably interferes with or impedes the flow of pedestrian, bicyclist, or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of traffic signs or signals, hydrants or mailboxes. Except as allowed pursuant to Section 6.28.110, the following general standards shall apply:
A.
When a sidewalk is contiguous to a street curb, newsracks shall be
placed on the side of the sidewalk away from the curb so that the
back edge of the newsrack is not farther than six inches from the
edge of the sidewalk.
B.
When a sidewalk is separated from a street by a planter strip, newsracks
may be placed on either side of the sidewalk so that the back edge
of the newsrack is no farther than six inches from the edge of the
sidewalk; newsracks may not be placed adjacent to the curb.
C.
When a newsrack is placed adjacent to the wall of any building, the
newsrack shall be placed with its long axis parallel to the building
and with the back edge of the newsrack at least six inches away from
the building.
E.
No newsrack shall be installed, used or maintained within the following
distances, measured parallel to the street unless otherwise indicated,
from the following:
1.
Within three feet of any marked crosswalk;
2.
Within the area adjacent to the curb return of any intersection with
unmarked crosswalks;
3.
Within three feet of any unmarked crosswalk at a "T" intersection;
4.
Within a five-foot radius of any fire hydrant, fire call box, or
other emergency facility;
5.
Within three feet of any driveway, entrance to a building, or sidewalk
leading to the entrance of a building;
6.
In front of, or so situated so as to impede access to, any bus bench
or shelter;
7.
Within three feet of any no-parking or no-stopping zone, unless the
newsrack is located on the side of the sidewalk farthest from the
street.
(Prior code § 5-9.11; Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
The community development director may waive or modify the standards
for newsrack placement contained in this chapter upon a showing of
good cause and upon his or her determination that placing a newsrack
at the location requiring the modification would not endanger the
public health or safety. Notice of any modification approved by the
community development director shall be given to the city council
who may choose to review his or her decision. No modification or waiver
shall be effective until one day following the city council meeting
after notice of the modification or waiver has been made. Should the
city council wish to review the matter, no modification or waiver
shall be effective until the city council has acted.
(Prior code § 5-9.12; Ord. 1147 § 1, 1984; Ord.
2000 § 1, 2009; Ord. 2248, 12/5/2023)
Each newsrack shall be maintained in a neat and clean condition
and in good repair at all times.
(Prior code § 5-9.13(a); Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
Newsracks that have been damaged or stolen shall be replaced
or repaired as soon as is practical, unless the permit holder wishes
to abandon the location, in which event the permit holder shall promptly
remove its newsrack or compartment, as the case may be. When use of
any newsrack is permanently discontinued, it shall be removed and
the location restored to its previous condition, normal wear and tear
excepted.
(Prior code § 5-9.13(b); Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
No newsrack shall be used for advertising signs or publicity
purposes other than one concerned with the display, sale or distribution
of the newspaper distributed from it.
(Prior code § 5-9.13(c); Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
Every person maintaining a newsrack under the terms of this
chapter shall have his or her name, address, telephone number and
email address affixed to it in a place where such information will
be readily visible.
(Prior code § 5-9.13(d); Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
A.
Removal Sanctioned. A newsrack installed or maintained in violation
of this chapter may be seized and removed by a public officer of the
city or his or her designee if it is impractical for the public officer
to remedy the violation by moving the newsrack to another point on
the sidewalk or public right-of-way.
B.
Notification Prior to Removal. Before any newsrack is seized, the
person responsible for its installation and maintenance shall be notified
and given five days to remedy the violation or request a hearing before
the community development director to contest seizure. Notice shall
be given in writing and sent to the address stated on the newsrack
encroachment permit application or the newsrack and an additional
notice tag shall be affixed to the newsrack on the date of notice.
The latter notice shall be sufficient when no identification is shown
on the newsrack and no permit has been issued. If the person responsible
for the newsrack does not respond to the city's notice within
10 days of such notice, the newsrack will be considered to be abandoned
and will be removed.
C.
Hearing May Be Required. A person notified under subsection B of this section may request a hearing before the community development director by making a written request to the office of the director. 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 director's decision following the hearing.
D.
Seizure and Retention of Newsracks. The time period requiring remedy
of a violation having run, or any appeal having been lost, the city
may seize and remove the newsrack in violation of this chapter. The
responsible party shall be notified of the seizure. Seized newsracks
shall be retained by the city and may be recovered by the responsible
party within 30 days from their seizure upon payment of the costs
incurred by the city for seizure and removal.
E.
Seizure Without Notice if Imminent Danger. Notwithstanding the provisions of subsection B of this section, prior notice of seizure is not required where the newsrack poses an immediate danger to pedestrians or vehicles, provided notice of the seizure and an opportunity to contest is given to the person responsible for the seized newsrack within five days after the seizure.
F.
Removal of Abandoned Newsracks. Abandoned newsracks may be removed
by a public officer or his or her designee and may be disposed of
if it is not claimed by the responsible party within 30 days. Newsracks
remaining empty for 30 days or not claimed within 30 days of seizure
shall be deemed abandoned, except that a newsrack remaining empty
due to labor strike or any temporary interruption of distribution
or publication by the newspaper sold from that newsrack shall not
be deemed abandoned.
(Prior code § 5-9.14; Ord. 1147 § 1, 1984; Ord.
2000 § 1, 2009; Ord. 2248, 12/5/2023)
Each person, prior to the granting of an encroachment permit
under this chapter, shall furnish to the city a certificate showing
that such person has then in force public liability and property damage
insurance, naming the city as an additional insured, in an amount
and in a form approved by the city attorney.
(Prior code § 5-9.15; Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
Every person operating or maintaining a newsrack upon or within
the public property, rights-of-way or public easements adjacent to
streets of the city shall agree, prior to the granting of an encroachment
permit, to indemnify and hold harmless the city, its officers and
employees, from any loss, liability, damage, or cost sustained by
any person or property, arising from the installation, operation or
use of such newsrack.
(Prior code § 5-9.16; Ord. 1147 § 1, 1984; Ord. 2248, 12/5/2023)
