Division 1. GENERALLY  


§ 18-55. Short title.
Effective on Tuesday, February 07, 2017

This article may be cited as the "Lake Wales Newsrack Code."

(Ord. No. 2017-01, § 3, 02-07-2017)

§ 18-56. Intent and purpose.
Effective on Tuesday, February 07, 2017

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)

§ 18-57. Definitions.
Effective on Tuesday, February 07, 2017

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Block means one side of a street between two consecutive intersecting streets.

Commercial handbill means any pamphlet, circular, brochure, handbill or other document used solely to express the economic interests of the speaker or publisher or of the audience to whom the material is directed.

Supervisor of code enforcement refers to the supervisor of code enforcement or his or her designee.

Distributor means the person responsible for placing and maintaining publications within the newsrack provided by the City.

Newsrack means any type of unmanned device, whether a self-service or coin- operated box, container, storage unit or other dispenser, installed, used or maintained for the display, sale, or vending of or free distribution of newspapers or news periodicals or commercial handbills.

Newsrack receptacle or receptacle means a cabinet or portion of a cabinet within the newsrack structure provided by the City and placed within the Park and Stuart Avenue corridor by the City.

Park and Stuart Avenue corridor means that area bounded by and including the public rights-of-way of Park and Stuart Avenues lying between Scenic Highway on the east and Wetmore Avenue on the west.

Person means any person or persons, or entity including, but not limited to, a corporation, partnership, unincorporated association or joint venture.

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

Sidewalk means any surface provided for the use of pedestrians.

Street means all the area dedicated to public use for public street purposes and shall include but not be limited to roadways, alleys and sidewalks.

 

Owner. The particular individual who was responsible for installing and/or maintaining a newsrack.

 

Parkway. That area between the sidewalk and the curb of any street in a    residential area. "Parkway" also includes all the area located between Lakeshore Boulevard and Lake Wailes.      

 

Public property. Any property owned by the city.

 

Right-of-way. Land which, by deed, conveyance, agreement, usage or process of law, is reserved for and dedicated to the general public for street, highway, alley, pedestrian walkway, storm drainage, bicycle path or other purposes.

(Ord. No. 2017-01, § 3, 02-07-2017)

§ 18-58. Violations.
Effective on Tuesday, February 07, 2017

(a) Upon determination by the Supervisor of code enforcement that a newsrack receptacle has been installed, used or maintained in violation of this article, a notice to correct the offending condition shall be issued to the distributor utilizing the newsrack. Such notice shall be affixed to the newsrack receptacle and a copy thereof shall be mailed by certified mail, return receipt requested to the distributor at the address noted on the newsrack receptacle. The notice shall specifically describe the offending condition, suggest actions necessary to correct the condition and inform the distributor of the right to appeal.

(b)  Failure to properly correct the offending condition within five days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the notice or to appeal the notice of violation within three days after its receipt shall result in the removal of the contents of the offending newsrack. The contents will then be processed as abandoned property.

(c) If the offending newsrack receptacle is not properly identified as to owner under the provisions of this article, its contents shall be removed immediately and processed as abandoned property.

(d) An impound fee, which shall be measured by the city's cost and expense of impounding, shall be assessed against each newsrack receptacle from which the contents are summarily removed.

(Ord. No. 2017-01, § 3, 02-07-2017)

§ 18-59. Abandonment.
Effective on Tuesday, February 07, 2017

    If a newsrack receptacle remains empty for a period of 30 continuous days, the newsrack receptacle shall be deemed abandoned and may be treated in the manner as provided in section 18-58 for newsracks receptacle(s) in violation of this article.

(Ord. No. 2017-01, § 3, 02-07-2017)

§ 18-60. Interference with public safety, utilities, governmental use or traffic prohibited.
Effective on Tuesday, February 07, 2017

    No person or entity shall install, use, or maintain any newsrack within the Park and Stuart Avenue corridor which projects onto, into, or which rests, wholly or in part, upon the roadway of any public street or on any other public property within the corridor.

(Ord. No. 2017-01, § 3, 02-07-2017)

§ 18-61. Standards.
Effective on Tuesday, February 07, 2017

    Any newsrack receptacle within the Park and Stuart Avenue corridor shall comply with the following standards: 

    (1) No newsrack receptacle shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper, news periodical or commercial handbill sold or distributed therein. 
    (2) Each coin-operated receptacle installed in the newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund if he is unable to receive the paid-for publication. The coin- return mechanism shall be maintained in good working order. 
    (3) Each newsrack receptacle shall have affixed to it, in a readily visible place 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 or to secure a refund if a malfunction of  the coin-return mechanism occurs or to give the notices provided for in this article. 
    (4) Each receptacle within the newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of this subsection, each newsrack receptacle 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 thereof.
        c. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
        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. 

(Ord. No. 2017-01, § 3, 02-07-2017)

§ 18-62. Location.
Effective on Tuesday, February 07, 2017

(1) In determining which newsracks already in place shall be permitted to utilize a newsrack receptacle after the installation of the City’s newsracks, the Supervisor of code enforcement shall be guided solely by the following criteria: 
    a. First priority shall be given to newsracks used for the sale of publications which meet the requirements of F.S. §§ 50.011 and 50.031 as newspapers in which legal notices and process may be published for Polk County. 
    b. Second priority shall be given to newsracks used for the sale or distribution of daily publications (those published on five or more days in a calendar week) which do not meet the requirements of F.S. §§ 50.011 and 50.031 as newspapers in which legal notices and process may be published for Polk County. 
    c. Third priority shall be given to newsracks used for the sale or distribution of weekly publications (those published on at least one but less than five days in a calendar week) which do not meet the requirements of F.S. §§ 50.011 and 50.031 as newspapers in which legal notices and process may be published for Polk County.

(Ord. No. 2017-01, § 3, 02-07-2017)