The City Council finds and declares that the uncontrolled placement and maintenance of newsracks in the public right-of-way creates physical danger to the traveling public and the numerous pedestrians that use the public rights-of-way in the City. Moreover, the City Council finds that in recognition of the unique architectural features and basic heritage of the City, the clutter and congestion of numerous disparate types of newsracks in the public rights-of-way is unsightly and not in keeping with the rustic nature of the village. The City Council also finds, however, that the use of such rights-of-way is so historically associated with the sale and distribution of newspapers and publications that access to these areas for such purposes should not be absolutely denied. The City Council further finds that the public interest requires that newsrack facilities of uniform and coordinated construction and appearance be utilized and these strong and competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this chapter, designed to accommodate such interests by regulating the time, place and manner of using such newsracks.
(Ord. 86-1 § 1, 1986)
In this chapter, unless the context or subject matter otherwise requires:
A. 
"Highway"
means all that area dedicated to public use for public street purposes and includes, but it not limited to, roadways, parkways, alleys and sidewalks.
B. 
"Newsracks"
means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the sale of newspapers, news periodicals or other news publications.
C. 
"Parkway"
means that area between the edge of the roadway and the adjacent property line, excluding that area occupied by the sidewalks. Parkway shall also include any area within a roadway which is not open to vehicular travel.
D. 
"Roadway"
means that portion of the street improved, designed or ordinarily used for vehicular travel.
E. 
"Sidewalk"
means any surface provided for the exclusive use of pedestrians.
(Ord. 86-1 § 2, 1986)
An application for a permit for newsracks shall be made within 10 business days of the placement of any newsrack in the public right-of-way.
(Ord. 86-1 § 3, 1986)
A. 
Applications for permits for newsracks shall be made to the City Administrator or her/his duly authorized representative. The application shall be accompanied by the following:
1. 
The name, address and telephone number of the applicant;
2. 
The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the applicant's newsrack; and
3. 
The number of newsracks and the exact proposed location of each.
B. 
There shall be an annual permit application fee of $10.00 per publication.
(Ord. 86-1 § 4, 1986)
A. 
Permits may be issued for the installation of a newsrack or newsracks without prior inspection of the location, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this chapter.
B. 
Such permit shall be valid for one year and shall be renewable annually.
(Ord. 86-1 § 5, 1986)
Each newsrack installed, used or maintained pursuant to this chapter shall be identified with the name, address, telephone number and permit number of the owner in a manner so as to be clearly visible.
(Ord. 86-1 § 6, 1986)
A. 
Liability Insurance. Each person, prior to being granted 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 of not less than $100,000 minimum liability combined single limit (bodily injury and property damage) per person and per occurrence. The permit holder shall provide and keep in force that policy of public liability insurance during such time as it continues to locate any newsrack under the terms of this chapter. The evidence of insurance filed with the City shall include a statement by the insurance carrier that 30 days' notice will be given to the City before any cancellation.
B. 
Indemnification. Every person operating or maintaining a newsrack upon or within the public property, rights-of-way or public easements adjacent to streets of this 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; provided, however, that such obligation to indemnify and hold harmless the City, its officers and employees shall not extend to any loss, liability damage or cost resulting from the acts or property of another.
(Ord. 86-1 § 7, 1986)
A. 
General Placement of Newsracks.
1. 
All newsracks installed, used or maintained on a public sidewalk or parkway, or portion thereof, shall be of the K-49-16 modular type, or its equivalent, or the K-100 double-sized rack. All newsracks at a given location shall be part of a multi-unit configuration subject to the standards set forth in this chapter. The newsrack facility shall be located so as to maximize the public convenience, health, safety and welfare, both as to accessibility to the newsracks and the use of the public right-of-way as a thoroughfare, and the aesthetic appearance of the area.
2. 
No newsrack shall be installed, used or maintained in the public right-of-way in the RC, R-1 or R-4 residential districts.
3. 
Newsracks shall only be placed adjacent to the wall of a building and shall be parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained in the public right-of-way opposite another newsrack.
4. 
This chapter shall not apply to any newsrack placed in its present location prior to November 1, 1985, as set forth in Exhibit "A" of the ordinance codified in this chapter which is on file in the City Clerk's office, except that each newsrack shall relocate into the City-approved newsrack facility.
B. 
Installation and Maintenance.
1. 
Stands for newsracks shall be either a supporting structure, as constructed by the City, or a multi-unit pedestal, the MB-2 or MP-3 types or their equivalent. Such pedestal shall not exceed 19 inches in height.
2. 
For newsracks not in the supporting structures built by the City, the City shall construct protective sheds that conform in general appearance to the aesthetic standards of the existing supporting structures.
3. 
Newsrack mounts shall be painted beige.
4. 
No newsrack shall be used for commercial advertising, signs or publicity purposes, other than to state the name of the newspaper or periodical.
5. 
Each newsrack shall be maintained in good operating condition by its owner.
6. 
The permittee is responsible for the installation of newsracks. All work undertaken shall be the sole responsibility of the permit holder. Damage resulting from the installation of the newsrack shall be repaired immediately by and at the expense of the permittee. Failure to make required repairs shall result in City forces undertaking to make such repairs. The cost of repairs shall be chargeable as a civil debt to the permit holder and may be collected by the City in the same manner as it collects any other civil debt or obligation.
(Ord. 86-1 § 8, 1986)
No person shall install, use or maintain any newsrack pursuant to said permit which shall:
A. 
Project onto, into or over any part of the roadway of any public street or alley open to vehicular traffic, or rest wholly or in part upon, along, or over any portion of the roadway of any public street or alley open to vehicular traffic;
B. 
Be attached to any fire hydrant, power pole, sign, post, tree, refuse container or any other existing fixtures;
C. 
Be placed within five feet of any marked crosswalk;
D. 
Be within 15 feet of the curb return of any unmarked crosswalk;
E. 
Rest within five feet of any hydrant or other emergency facility;
F. 
Rest within five feet of any driveway;
G. 
Rest within five feet ahead and 41 feet to the rear of any sign marking a designated bus stop;
H. 
Rest within five feet of any bus bench;
I. 
Restrict, when open, the clear space for the passageway for pedestrians to less than six feet;
J. 
Be placed within three feet of any area improved with lawn, flowers, shrubs or trees; or 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 display purpose;
K. 
Be placed at any location where the newsrack causes, creates or constitutes a traffic hazard;
L. 
Be placed at any location where the newsrack unreasonably obstructs or interferes with access to or the use and enjoyment of abutting property;
M. 
Be placed where the newsrack will endanger persons or property;
N. 
Be placed where the newsrack will unreasonably interfere or obstruct the flow of pedestrian or vehicular traffic or access to parked vehicles on a highway;
O. 
Be placed within 200 feet of any other newsrack facility in the public right-of-way.
(Ord. 86-1 § 9, 1986)
The number of newsracks at a particular corner, intersection or other location shall not exceed eight. Any exception to this limitation resulting in an increase or decrease in the number of authorized newsracks at any particular location shall be determined by the City Administrator or her/his duly authorized representative subject to the following standards:
A. 
Sufficient clear space for the safe passage of pedestrians requiring amendment of the preceding limitation of six feet;
B. 
The width of the sidewalk prohibits the installation of newsracks;
C. 
Density of pedestrian traffic necessitates fewer newsracks than the authorized number indicated. It is the purpose of this section to provide maximum public access to all publications of general interest and circulation. Since available space is limited and recognizing that there is considerable public demand for publications of current concern, in determining which publication vending machines shall be issued a permit to remain in a particular location the City Administrator or her/his duly authorized representative shall be guided by this chapter.
(Ord. 86-1 § 10, 1986)
No person who places or maintains a newsrack on the sidewalks of the City shall permit such newsrack to remain unused for a period of 30 days or more.
(Ord. 86-1 § 11, 1986)
A. 
Any newsrack installed, used or maintained in violation of the provisions of this chapter may be subject to the removal and storage by the City Administrator or her/his duly authorized representative. Such officer shall take steps to notify the owner thereof and request compliance within 30 calendar days prior to removal. At any time within the 30-day period, an administrative hearing to challenge the existence of a violation may be requested by the owner. Failure to request the hearing shall result in removal and storage of the newsrack by the City Administrator or her/his duly authorized representative at any time after the expiration of the 30-day period.
B. 
If the owner requests a hearing as provided in subsection (A) of this section, the hearing shall be scheduled within five days of the request and shall be administered by the City Administrator or her/his duly authorized representative. The owner shall have 30 days from the date of any adverse ruling which may result from the hearing to comply with the provisions specified in the ruling. If after 30 days from the date of decision the owner has failed to comply with the provisions of this chapter cited in the decision, the subject newsracks shall be removed and stored by the City Administrator or her/his duly authorized representative.
C. 
The cost of removal and/or storage by the City Administrator or her/his duly authorized representative of any newsrack subject to this chapter shall be chargeable as a civil debt to the owner thereof and may be collected by the City in the same manner as it collects any other civil debt or obligation. In addition, the newsracks in question shall be deemed to be unclaimed property and may be disposed of accordingly.
(Ord. 86-1 § 12, 1986)
Permit holders of newsracks located within the City on the effective date of the ordinance codified in this chapter shall have 30 days from said date to comply with the provisions of this chapter; thereafter, any newsracks not in compliance shall be subject to removal by the City Administrator or her/his duly authorized representative as provided in this chapter.
(Ord. 86-1 § 13, 1986)