Any newsrack, which rests in whole or in part upon 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 be located in accordance with the provisions of this section:
(A) No newsrack shall be used or maintained which projects onto, into or over any part of the roadway of any public right-of-way, or which rests wholly or in part upon or over any portion of the roadway of any public right-of-way.
(B) No newsrack shall be chained, bolted or otherwise attached to any fixture located in the public right-of-way, except to other newsracks.
(C) Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight feet along a curb, and a space of not less than three feet shall separate each group of newsracks.
(D) Newsracks may be bolted to the sidewalk or they may be attached to the ground where the public right-of-way is not used as either roadway or sidewalk. However, such attachment shall not be such as to obstruct the public right-of-way except under the newsrack, and the bolt or other attachment must be removed and pavement or ground returned to original condition at such time as the newsrack is removed. The Mayor shall set bolting standards by rule, which shall be available to the public.
(E) No newsrack shall be placed, installed, used or maintained:
(1) Within three feet of any marked crosswalk or within five feet of the curb return of any unmarked crosswalk;
(2) In violation of the city's clear sight triangle regulations, as defined in other city ordinances;
(3) Within five feet of any fire hydrant, fire call box or other emergency facility;
(4) Within 11 feet of where the side of a public sidewalk which is farther from the street meets a driveway or alley, except in the Downtown SU-3 zone the limit is within five feet of any such junction;
(5) Within three feet forward of or 15 feet to the rear of any sign marking a designated bus stop;
(6) Within three feet of the outer end of any bus bench;
(7) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet;
(8) Within 100 feet of any other newsrack on the same side of the street in the same block containing the same issue or edition of the same publication; or
(9) On any handicap access ramp.
(10) Distributors may place newsracks in locations which are not consistent with divisions (5) and (7) of this division (E) if all of the following standards are met:
(a) The clear space for the passage of pedestrians traveling along the sidewalk opposite the newsrack shall be at least four feet in width;
(b) Compliance with the regular provisions would prohibit the placement of a newsrack for a distance of 150 feet on the same side of the street in the same block;
(c) Placement of the newsrack would not cause significant damage to the sidewalk segment's ability to carry the pedestrians and wheelchairs which desire to pass there;
(d) If it is readily achievable, there shall be sidewalk passing sections of at least 60 inches by 60 inches on either side of a newsrack, the two passing areas being not more than 200 feet distant from each other; and
(e) The distributor certifies that it will remove the newsrack to a place consistent with divisions (5) and (7) of this division (E) or to a different, agreed upon place consistent with this division (10). Such removal will be required when the city determines, upon the initiation of the head of the city's Traffic Engineering Division, that the original placement of the newsrack is causing significant damage to the sidewalk segment's ability to carry the pedestrians and wheelchairs which desire to pass there. The Traffic Engineering determination is subject to administrative appeal as provided in § 6-7-8.
(F) Newsracks abutting premises in residential zones shall meet the following additional standards:
(1) They may be located only where they are adjacent to an arterial street or a collector street.
(2) Newsrack signs are restricted to a display of the cover of the publication and either four square feet or 20% of the newsrack's visible sides and top, whichever is greater, as additional sign area. Instructions as to paying shall not be counted when calculating sign area.
('74 Code, § 8-12-4) (Ord. 56-1991; Am. Ord. 8-1992)