§ 98.06. News racks in the public right-of-way in community entertainment districts.

A.

Definitions. The following words and phrases, when used in this section, shall have the meanings respectively ascribed to them unless the context otherwise clearly indicates:

(1)

"Corral." An area on the right-of-way enclosed on three sides by a fence or railings for the purpose of controlling the placement of news racks which have been installed by the city.

(2)

"Service Director." The Service Director or his designee.

(3)

" News rack." Any self-service or coin operated box, container, storage unit or other dispenser installed, used or maintained for the display, distribution or sale of newspapers or other periodicals directly from said box, container or dispenser to the public.

(4)

"Vendor." The person responsible for placing and maintaining a news rack in the right-of-way.

(5)

"Person." Any person, persons, or entity including, but not limited to, a corporation, limited liability company, partnership, unincorporated association, or joint venture.

(6)

"Right-of-way." The entire width between the boundary lines of property owned by the City and dedicated by the City for vehicular or pedestrian traffic.

(7)

"Roadway." That portion of a street that is improved, designed, or ordinarily used for vehicular travel.

(8)

"Sidewalk." Any surface provided for the use of pedestrians.

(9)

"Street." All the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, devil strips and sidewalks.

(10)

"Streetscape guidelines." Any adopted or approved standards or guidelines governing the type, quality, design, finish and placement of paving, amenities, landscaping, furnishings, utilities and other elements on or above the public right-of-way between the curb and property line.

(11)

"Devil strip." The area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Devil strip shall also include any area within a roadway that is not open to vehicular travel.

B.

Placement of News Racks. All news racks placed in whole or in part upon any portion of the right-of-way, or which project onto or over any part of the right-of-way in any Community Entertainment District shall be in accordance with the following provisions:

(1)

No news rack shall be placed, installed, used or maintained:

(a)

On the curb or roadway side of any sidewalk adjacent to any handicapped parking space or any loading zone, nor within five feet of either end of a handicapped parking space or loading zone;

(b)

Within three feet of any marked pedestrian crosswalk;

(c)

Within five feet of any fire hydrant, fire call box, police call box, or any other emergency facility;

(d)

On any portion of a pedestrian access ramp for disabled persons, including the area between any two ramps on a given corner, or within three feet of such a ramp;

(e)

Within five feet of any of the following: parking meter posts, traffic control cabinets, bicycle parking racks, the entrance to public transit shelters or stops, public telephone enclosures or stands, kiosks, the entrance to sidewalk cafe enclosures, public works of art, any portion of a driveway, or trees;

(f)

On or within two feet of any portion of a tree grate, manhole cover, meter and/or valve box cover, any utility access box cover, vent cover for underground utilities or on any granite or other decorative sidewalk without special approval of the Service Director;

(g)

Within a bus stop;

(h)

Within one hundred and fifty feet of a news rack corral where corrals are provided and space is available in the news rack corral;

(2)

News racks shall not be chained, bolted, or otherwise attached to any thing except a news rack corral.

(3)

Notwithstanding subsection (B)(1), no person shall install, use, or maintain any news rack that in whole or in part rests upon, in, or over any public right-of-way when:

(a)

Such installation, use, or maintenance endangers the safety of persons or property; or

(b)

Such news rack unreasonably interferes with or impedes any of the following:

(i)

The flow of pedestrian or vehicular traffic, including parked or stopped vehicles;

(ii)

The ingress into or egress from any residence or place of business; or

(iii)

The use or maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.

(4)

It shall be unlawful for any person, other than an employee or contractor of the City who is taking action pursuant to this section, to move a news rack without the authorization of the vendor of the news rack.

(5)

It shall be unlawful for any person to deface or damage news racks.

C.

Number of News Racks Allowed. The number of news racks placed within the right-of-way is limited only by the available space for news racks as defined by the public safety criteria outlined in section 98.06(B).

D.

Maintenance of News Racks. News racks that in whole or in part rest upon, in or over any public sidewalk shall comply with the following standards:

(1)

News racks shall be constructed and finished in such a way as to provide easy and safe access by pedestrians using the public streets and sidewalks. News racks shall conform to industry standards regardless of the material of their construction.

(2)

News racks shall be constructed or painted in a manner that allows them to be maintained free of rust, graffiti, glue, and other signs of outdoor wear and tear and abuse.

(3)

News racks shall not exceed forty-two inches in height within twenty feet of an intersection or alley, which shall be calculated as twenty feet from the curb line, and fifty-seven inches in height at any other location, twenty-four inches in depth, and thirty inches in width. Multi-publication units shall meet the size criteria above, except they may not exceed fifty inches in width. The Service Director may grant an exception to the height requirements on a case by case basis if the vendor demonstrates that there will be no adverse effects to public safety.

(4)

No news racks shall be used for advertising signs or publicity purposes other than that dealing with the display, distribution, sale, or purchase of the newspaper or periodical sold or distributed therein.

(5)

Each news rack shall have affixed to it in a readily visible place on the front of said news rack, so as to be seen by anyone using the news rack, a notice setting forth the name and telephone number of the vendor or the telephone number of a working telephone service to call to report a malfunction, or to give the notices provided for in this division.

(6)

Each news rack shall be maintained in neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each news rack shall be serviced and maintained so that:

(a)

It is reasonably free of dirt and grease;

(b)

It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas;

(c)

It is reasonably free of rust and corrosion;

(d)

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;

(e)

Any paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading;

(f)

It is reasonably free from graffiti, unwanted paint or other unwanted markings. To that end, news racks shall be inspected by the vendor no less often than once per week and all graffiti, unwanted paint, stickers or other unwanted markings removed therefrom. If the graffiti, unwanted paint or other unwanted markings cannot be removed or painted over, the news rack shall be replaced;

(g)

That the news rack is not empty for more than one week;

(h)

It is free from trash. To that end, news racks shall be inspected by the vendor no less often than once per week and all trash removed therefrom; and

(i)

Any structural parts thereof are not broken or unduly misshapen.

E.

Handicapped Requirements. All news racks shall comply with the handicapped requirements of the Americans with Disabilities Act (ADA) and the regulations adopted thereunder and all regulations adopted by the cityregulating handicapped accessibility.

F.

Corrective Action and Abandonment. If in the judgment of the Service Director a news rack is not in compliance with this section, the Service Director shall notify the vendor at the phone number listed on the news rack and describe the noncompliance. If the noncompliance is not remedied within seven business days, the Service Director may remove the news rack and transport it to 850 East Market Street or such other location as may be designated. The Service Director shall notify the vendor of the removal at the phone number listed on the news rack. If the vendor does not claim the news rack within thirty days of the notification, the news rack shall be considered abandoned and forfeited to the city.

Nothing herein shall be construed to prevent the Service Director from temporarily moving or removing a news rack due to emergency or exigent circumstances. In such case, the Service Director shall notify the vendor at the phone number listed on the news rack as soon as practical.

G.

Appeals. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this division may file a written appeal with the Service Director. The Service Director shall rule on the appeal in writing within five business days.

H.

Preservation of Constitutional Rights. Nothing in this section is intended to discriminate against or interfere with the publication, circulation, or distribution of any printed material that is constitutionally protected.

(Ord. No. 323-2009, § 1, 7-20-09)