The unregulated installation or use or maintenance of newsracks in public streets will result in obstruction of sidewalks that will interfere with the public's right to unhampered passage thereon, will create traffic congestion or illegal parking or stopping by motorists in order to purchase newspapers, will damage municipal property because of the chaining of newsracks to poles, traffic standards or other fixtures, will interfere with the performance of required municipal services, will create unsightly conditions and will endanger the safety and welfare of the inhabitants of the city.
(C.O. 83-369 § 1 (part))
A. 
When not inconsistent with the context, words used in the present tense include the future; words in the plural include the singular; and words in the singular include the plural.
B. 
For the purposes of this chapter, the following words and phrases shall have the meanings given in this section:
"Distributor"
means any person responsible for the installation, use or maintenance of a newsrack in a public street.
"Newsrack"
means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display and sale of newspapers, periodicals or other printed matter.
"Roadway"
means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
"Sidewalk"
means that portion of a street between the curblines or lateral lines of a roadway and the adjacent property lines, intended for use by pedestrians.
"Street"
means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and it includes any alley or public grounds in the city.
(C.O. 83-369 § 1 (part))
A. 
No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street without first securing a permit from the city council pursuant to Section 5.56.060.
B. 
No person shall install, use or maintain any news-rack which in whole or in part rests upon, in or over any sidewalk or other public place when such installation, use or maintenance endangers the safety of persons or property or when such site or location is used for public utility purposes, public transportation purposes or government use or when such newsrack unreasonably interferes with or impedes the flow of pedestrian 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 poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near said location.
C. 
Any newsrack which in whole or in part rests upon, in or over any sidewalk or other public place shall comply with the following standards:
1. 
No newsrack shall exceed five feet in height, thirty-six inches in width, or three feet in depth.
2. 
No newsrack shall be chained, bolted or otherwise attached to any property owned or maintained by the city.
3. 
No newsrack shall be placed, installed, used or maintained:
a. 
Within three feet of any crosswalk;
b. 
Within fifteen feet of any fire hydrant;
c. 
Within five feet of any fire or police call box or other emergency facility;
d. 
Within five feet of any driveway, public or private;
e. 
Within three feet ahead or fifteen feet to the rear of any designated bus stop, taxi stand or place marked for handicapped parking or handicapped pedestrian ramp;
f. 
Within three feet of any bus bench or shelter;
g. 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet;
h. 
Within three feet of any display window or any building abutting the sidewalk or other public place in such a manner as to impede or interfere with the reasonable use of such window for display purposes;
i. 
No newsrack shall be used for advertising signs or publicity purposes other than that which is essential to identify on no more than two sides of the newsrack, the newspaper, periodical or other printed matter offered for sale therein. No letter thereon shall exceed two square inches in size. Advertising signs, promotional decorations, banners and moving signs shall not be permitted on the newsrack, except as otherwise provided in this subsection;
j. 
Each newsrack shall be maintained in a clean and neat condition and in good repair at all times, and it shall be of one color that does not unnecessarily contrast with the immediate surroundings, except that the lettering permitted in subdivisions (i) and (k) of this subsection may contrast with such one color. Neither such one color nor any of the permitted lettering shall employ reflectorized paint, day-glo, fluorescent or scotchlite reflective materials or materials of like nature;
k. 
Every person who places or maintains a newsrack on the streets of the city shall have his or her name, address and telephone number affixed thereon in a place where such information may easily be seen.
(C.O. 83-369 § 1 (part))
The provisions of this chapter shall apply to existing newsracks within the city, except that the distributors thereof shall have thirty days within which to comply with the provisions or within such additional time as may be allowed in the discretion of the city council.
(C.O. 83-369 § 1 (part))
A. 
If any distributor violates any provision of this chapter it shall be the duty of the chief of police or his or her designee to determine whether or not such a violation has occurred and thereafter to notify the distributor to correct the violation within three days thereafter. Such notification and direction shall be in writing. It shall specify the nature of the violation and whether or not it warrants removal of the newsrack if not corrected within three days, and it shall direct correction. It shall be served upon the distributor in the same manner as a summons, or it shall be telephoned to the distributor at the telephone number designated by the distributor as provided in Section 5.56.030(C)(3)(k) and confirmed in a written notice, mailed by certified mail with return receipt requested to the address designated by the distributor as provided in Section 5.56.030(C) (3)(k). During such three-day period, the distributor shall have a right to a hearing before the chief of police or his or her duly designated representative to determine whether or not such violation has occurred and whether or not the nature of such claimed violation warrants removal prior to final determination. At such hearing the distributor shall have the right to examine the evidence upon which the chief of police acted, to cross-examine any witnesses who may have appeared before him and to offer any evidence which may tend to show that the subject newsrack does not violate any provisions of this chapter and that the claimed violation is not of a nature which warrants removal prior to final determination. The hearing officer shall promptly review such evidence, notify the distributor of his or her decision with respect thereto, and if necessary, afford the distributor a reasonable opportunity to comply with such determination. If the violation is not corrected within such three-day period or such further reasonable period as may be contained in a superseding notice by the chief of police, the department of public works shall be directed by the chief of police to remove such newsrack and place it in storage in a secure place. The cost of removal and storage shall be billed to the distributor, and in the event of nonpayment, a civil suit for money damages may be brought by the city council. If such newsrack is not claimed within thirty days, it shall be treated as abandoned property and disposed of as provided by law.
B. 
Any distributor who, having been notified and directed as provided in this section to correct a violation of the provisions of this chapter, fails to correct such violation as provided in such notice, shall be subject to punishment as provided in this revision.
C. 
Any distributor or other person aggrieved by a finding, determination, notice or action taken under the provisions of this subsection may appeal to the city council. An appeal shall be made in writing, and it must be filed within three days after the receipt of written notice of any protested decision or action with the office of the city clerk by a letter of appeal briefly stating therein the basis for such letter. The appellant shall be given at least five days' notice of the time and place of the hearing. The city council shall give the appellant or any other interested person a reasonable opportunity to be heard in order to show cause why the determination or action appealed from should not be upheld. The city council shall make a final determination at the conclusion of the hearing or as soon thereafter as is practicable. In the event that a distributor is successful in reversing a determination that the claimed violation was of a nature which warranted removal pending a final determination, no fee shall be imposed for the removal and storage of the newsrack which was the subject of the appeal, and failure to comply with such determination shall not serve as a basis for prosecution under subsection B of this section.
D. 
Nothing contained in this chapter shall be interpreted to limit or impair the exercise by the city of its police power in the event of any emergency to remove any newsrack which presents a clear and present danger of imminent personal injury or property damage to users of the public streets of this city.
(C.O. 83-369 § 1 (part))
A. 
Issuing Authority. The issuing authority is the city clerk.
B. 
Approving Authority. The approving authority is the city council.
C. 
Applications. The distributor shall file with the city clerk a written application for a permit which shall contain the following information:
1. 
The name, address and telephone number of the distributor;
2. 
The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the distributor's newsracks;
3. 
The number of newsracks and the exact proposed location of each;
4. 
The names of the newspapers or periodicals to be contained in each newsrack;
5. 
The type or brand of newsrack, including the description of the newsrack and the mount.
D. 
Issuance of permits. Upon a finding by the city clerk that the distributor is in compliance with the provisions of this chapter, and having received the required approvals from the city council, the city clerk shall cause to be issued a permit in accordance with the application and the provisions of this chapter.
E. 
Denial of permits. If a permit is denied, the distributor shall be immediately notified of the specific cause of such denial by the city clerk.
(C.O. 83-369 § 1 (part))
Prior to the issuance of a permit by the city clerk, the distributor shall furnish to the city clerk a certificate that the distributor has then in force public liability and property damage insurance, naming the city as an additional insured, in an amount not less than one million dollars minimum liability combined single limit (bodily injury and property damage) per person and per occurrence. The evidence of insurance filed with the city clerk shall include a statement by the insurance carrier that thirty days' notice will be given to the city before any cancellation of coverage. The distributor shall further agree to hold the city harmless in any suit brought against the city and arising out of the use, operation or maintenance of the newsracks.
(C.O. 83-369 § 1 (part))
There is established an annual permit fee for each permittee as set out in Table I of this revision.
(C.O. 85-4 § 11 (part))