As used in this chapter, the following terms
shall have the meanings indicated:
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack
in a public right-of-way.
NEWSRACK
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers or other news periodicals.
NUDITY
The showing with less than a fully opaque covering of the
genitals, pubic hair, buttocks, natal cleft, perineum, anus or anal
region of any person, other than a child under the age of puberty,
or any portion of the breast at or below the areola thereof of any
female person, other than a child under the age of puberty, or the
depiction of covered male genitals in a discernibly turgid state.
OFFENSIVE
The work in which representations appear which, taken as
a whole, appeals to the prurient interest and patently depicts or
portrays the prohibited sexually explicit material in a manner which,
taken as a whole, lacks serious literary, artistic, political or scientific
value.
PARKWAY
That area between the sidewalks and the curb of any street
and, where there is no sidewalk, that area between tide edge of the
roadway and property line adjacent thereto. "Parkway" shall also include
any area with a roadway which is not open to vehicular travel.
PICTORIAL MATERIAL
Any material suggesting or conveying a visual image and includes
but is not limited to a photograph, painting or drawing.
ROADWAY
That portion of a street improved, designed or ordinarily
used for vehicular travel.
SEXUALLY EXPLICIT MATERIAL
Any pictorial material depicting human sexual intercourse,
human or animal masturbation, bestiality, oral intercourse, anal intercourse,
human-animal intercourse, excretory functions, homosexual acts, direct
physical stimulation or touching of unclothed genitals or pubic areas
of the human male or female, flagellation or torture by or upon a
person in the context of a sexual relationship or sexual stimulation.
The material shall be judged without regard to any covering which
may be affixed or printed over the material in order to obscure genital
areas in a depiction otherwise falling within the definitions of this
section. Works of art or of anthropological significance are not included
within these definitions.
SIDEWALK
Any surface provided for the exclusive use of pedestrians.
STREET
All that area dedicated to public use for public street purposes
and shall include but not be limited to roadways, parkways, alleys
and sidewalks.
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 Latrobe any newsrack
without first having obtained a permit from the Code Enforcement Officer
specifying the exact location of such rack(s). One permit may be issued
to include any number of newsracks and shall be signed by the applicant.
Application for such permit shall be made in
writing to the Code Enforcement Officer 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 newsrack and shall be signed
by the applicant.
Any newsrack which, in whole or in part, rests
upon, in or over any public sidewalk or parkway shall comply with
the following standards:
A. No newsrack shall exceed five feet in height, 30 inches
in width or two feet in thickness.
B. No newsrack shall be used for advertising signs or
publicity purposes other than that dealing with the display, sale
or purchase of the newspaper or news periodical sold therein.
C. Each newsrack shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate
refund in the event that he is unable to receive the publication paid
for. The coin-return mechanism shall be maintained in good working
order.
D. Each newsrack shall have affixed to it in a readily
visible place so as to be seen by anyone using the newsrack a notice
setting forth the name and address of the distributor and the telephone
number of a working telephone service to call to report a malfunction
of the coin-return mechanism or to give the notice provided for in
this chapter.
E. Each newsrack shall be maintained in a neat and clean
condition and in good repair at all times. Specifically, but without
limiting the generality of the foregoing, each newsrack shall be serviced
and maintained so that:
(1) It is reasonably free from dirt and grease.
(2) It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof.
(3) It is reasonably free of rust and corrosion in the
visible unpainted metal areas thereon.
(4) The clear plastic or glass parts thereof, if any,
through which the publications therein are viewed are unbroken and
reasonably free of cracks, dents, blemishes and discoloration.
(5) The paper or cardboard parts or inserts thereof are
reasonably free of tears, peeling or fading.
(6) The structural parts thereof are not broken or unduly
misshapen.
F. It shall be unlawful for any person to place or maintain
any publication or material in newsracks which exposes to public view
any pictorial material which depicts or appears to depict nudity or
offensive sexually explicit material.
Any newsrack which rests in whole or in part
upon or on any portion of a public right-of-way shall be located in
accordance with the provisions of this section:
A. No newsrack shall be used or maintained which projects
onto, 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.
B. No newsrack shall be permitted to rest upon, in or
over any public sidewalk or parkway 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 other governmental use or when such newsrack unreasonably
interferes with or impedes the flow of pedestrian or vehicular traffic,
including any legally marked or stopped vehicles, the ingress 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 said location.
C. No newsrack shall be chained, bolted or otherwise
attached to any fixture located in the public right-of-way, except
to other newsracks.
D. Newsracks may be placed next to each other, provided
that no group of newsracks shall extend for a distance of more than
eight feet along a curb, and a space of not less than three feet shall
separate each group of newsracks.
E. No newsrack shall be placed, installed, used or maintained:
(1) Within three feet of any marked crosswalk.
(2) Within 12 feet of the curb return of any unmarked
crosswalk.
(3) Within five feet of any fire hydrant, fire call box,
police call box or other emergency facility.
(4) Within five feet of any driveway.
(5) Within three feet ahead or 15 feet to the rear of
any sign marking a designated bus stop.
(6) Within three feet of the outer end of any bus bench.
(7) At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet.
(8) Within three feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping.
(9) Within 100 feet of any other newsrack on the same
side of the street in the same block containing the same issue or
edition of the same publication.
F. The provisions contained in Subsection
E of this section shall not apply if compliance with the provisions would prohibit the placement of newsracks of a distance of 150 feet on the same side of the street in the same block.
Upon determination by the Code Enforcement Officer that a newsrack has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the offending condition will be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor and confirmed to the distributor by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to properly correct the offending condition within three days, excluding Saturdays, Sundays and legal holidays, after the mailing date of the order shall result in the offending newsrack's being summarily removed. If the offending newsrack is not properly identified as to owner under provisions of §
210-6D hereof, it shall be removed immediately and processed as unclaimed property. The Code Enforcement Officer of Police shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of said newsrack shall be charged an inspection fee as set forth by the Council for each newsrack so inspected, which charge shall be in addition to all other fees and charges required under this chapter.
Any person or entity aggrieved by a finding,
determination, notice or action taken under the provisions of this
chapter may appeal and shall be apprised of his right to appeal to
the Latrobe Council. An appeal must be perfected within three days
after receipt of notice of any protested decision or action by filing
with the office of the Code Enforcement Officer a letter of appeal
briefly stating therein the basis for such appeal. A hearing shall
be held on a date no more than 10 days after receipt of the letter
of appeal. The appellant shall be given at least five days' notice
of the time and place of the hearing. The Mayor 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 Chief of Police
should not be upheld. In all such cases, the burden of proof shall
be upon the appellant to show that there was no substantial evidence
to support the action taken by the Chief of Police. Within five business
days of the conclusion of the hearing, the Mayor shall make a final
and conclusive determination.
In addition to the enforcement procedures provided in §
210-8 of this chapter, it shall be within the power and discretion of the Code Enforcement Officer to suspend or revoke the permit for continued or repeated violation or infractions of any provisions of this chapter or of any rule, direction or regulation of the Code Enforcement Officer. Suspension or revocation shall be mandatory for the third offense against §
210-8 of this chapter.
In the event that a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned and may be treated in the manner as provided in §
210-8 for newsracks in violation of the provisions of this chapter.
In addition to all enforcement procedures provided
herein, any violation of the provisions of this chapter shall be subject
to prosecution as a violation and, upon conviction, shall subject
the violator to a fine of not more than $600 and costs of prosecution
or, in default of such fine and costs, to undergo imprisonment for
not more than 30 days.