§ 18-56. Intent and purpose.

The City Commission finds and declares that:

(1) Findings. 

    a. The uncontrolled placement and maintenance of newsracks in public rights- of-way present an inconvenience and danger to the safety and welfare of persons using such rights-of-way; including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services. 
    b. Newsracks so located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located thereon, constitute public nuisances. 
    c. These factors constitute an unreasonable interference with and obstruction of the use of public rights-of-way, are injurious to health, offensive to the senses, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community. 
    d. The City Commission recognizes, 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 those areas for such purposes should not be absolutely denied. The City Commission further finds that it is in the public interest to provide newsracks within a designated area set forth in this article to accommodate such interests regulating the time, place and manner of using such City supplied newsracks. 
(2) Purpose. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, safety, and general welfare of persons in the City in their use of public rights-of-way within the designated area through the regulation of placement, appearance, number, size, and servicing of newsracks on the public rights-of- way so as to: 
    a. Provide for pedestrian and driving safety and convenience;
    b. Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress to, or egress from, any place of business or from the street to the sidewalk; 
    c. Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes and similar appurtenances, and access to locations used for public transportation purposes; 
    d. Reduce visual blight on the public rights-of-way, protect the aesthetics and value of surrounding properties; 

    e. Reduce exposure of the city to personal injury or property damage claims and litigation; and 
    f. Protect the right to distribute information protected by the federal and state constitutions through use of newsracks. 
(3) Preservation of constitutional rights. It is not the intent of this article to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any printed material that is constitutionally protected.

(Ord. No. 2017-01, § 3, 02-07-2017)