Any newsrack which rests in whole or in part upon, in or on any portion of a public right-of-way or which projects onto, into or over any part of a public right-of-way shall comply with the standards set forth in this Section.
A. No newsrack shall exceed fifty (50) inches in height, twenty-seven (27) inches in width, or twenty (20) inches in thickness.
B. Newsracks shall be painted black, brown, gray, blue or white.
C. No advertising signs or material, other than those dealing with the name of the publication contained within the newsrack, shall be displayed on the outside of the newsrack.
D. 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 he/she is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order. Newsracks dispensing free publications are exempt from this requirement.
E. 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, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this Chapter.
F. 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 services and maintained so that:
1. It is reasonably free of dirt and grease;
2. It is reasonably free of chipped, faded, peeling or cracked paint in the visible painted areas thereof;
3. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof;
4. The clear plastic or glass parts thereof, if any, through which the publication(s) 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; and
6. The structural parts thereof are not broken or unduly misshapen.
G. Newsracks lawfully in existence on April 26, 2006 [the effective date of this regulation] shall be allowed to remain at the same location, provided they are not determined to be a public nuisance or dangerous to the public safety or general welfare, for a period of six (6) months following adoption of the ordinance codified in this Chapter. In order to benefit from this Subsection, a distributor must report the number and location of all newsracks existing within the City as of April 26, 2006, to the Public Works Department within sixty (60) days of the effective date of the ordinance codified in this Chapter which shall compile an inventory of such existing newsracks. Such inventory list shall be conclusive as to the location and existence of such newsracks. The distributor must submit an annual update report to the Public Works Director, including all new locations of its newsracks. Thereafter, all such newsracks shall be required to comply with all provisions of this Chapter.