Division 3. PLACEMENT OF NEWSRACKS


§ 18-67. Standards.
Effective on Tuesday, February 07, 2017

The following standards shall apply to the placement of newsracks within the city:

(1) No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street, or which rests, in whole or in part, upon or over any portion of a roadway.

(2) No person shall install, use or maintain any newsrack which rests, in whole or in part, upon or over any public right-of-way or any public property when such installation, use or maintenance endangers the safety of persons or property or when such newrack interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle.

(3) No person shall install, use or maintain any newsrack which rests, in whole or in part, upon any parkway, except in the area designated for such use in the location known as the “pavilion site.”

(4) No newsrack shall be placed upon any sidewalk in a location where the placement impedes pedestrian traffic or access to any residence or business.

(5) All newsracks lawfully placed within the city in accordance with these standards are subject to the following limitations:

    a. No single newsrack shall exceed fifty-four (54) inches in height, thrity (30) inches in width or twenty-four (24) inches in depth.

    b. No newsrack shall be chained, bolted or otherwise affixed to any property or to any permanently fixed object owned by the owner of the newsrack, unless the consent of the owner of such property or object is obtained in writing.

    c. Newsracks may be clustered together and chained or otherwise attached to each other; however, no more than four (4) newsracks may be attached or chained together in a cluster. At least eighteen (18) inches must separate clusters.

    d. No newsracks shall be placed, installed, used or maintained within three (3) feet of any marked crosswalk, within fifteen (15) feet of the curb return of an unmarked crosswalk, within three (3) feet of any fire hydrant, within three (3) feet of any driveway, within three (3) feet of any display window of a building abutting a sidewalk, or at any location whereby the passageway of pedestrians is reduced to less than three (3) feet.

    e. Every newsrack shall be constructed, installed and maintained in a safe and secure condition. Each newsrack shall have fixed to it, in a readily visible place, the telephone number or a working telephone service to call to report a malfunction or to secure a refund in the event of a malfunction of the newsrack.

(Ord. No. 2017-01, § 3, 02-07-2017)

§ 18-68. Removal
Effective on Tuesday, February 07, 2017

In the event any newsrack is found not to be in compliance with the standards of the division, the following procedure shall occur:

(1) The city manager or his designee shall give written notice to the owner of the newsrack of the violation. This written notice shall demand that the offending newsrack be removed within ten (10) days from the date of the notice.

(2) Upon failure of the owner, following such notice, to remove the newsrack, the newsrack shall be deemed to be unclaimed property and shall be removed by the city and disposed of pursuant to the laws regulation the disposal of unclaimed property.

(3) If, after receiving the notice of removal, an owner of a newsrack contends that the newsrack is not in violation of the standards of this division, that owner may appeal the notice of violation to the code enforcement board of the city. The requirement to remove the newsrack shall be stayed until the board determines whether or not a violation does exist. In making this determination, the board shall consider only the standards of this division.

(Ord. No. 2017-01, § 3, 02-07-2017)