(A) Purpose. The purpose of this section and § 96.05 is to protect public property and to provide for the safe erection or placement of newspaper, magazine, vending boxes, mailboxes or other media vending structures within the public way.
(B) Definition. “Media vending boxes” shall include any structure designed for the purpose of the sale, receipt or free distribution of newspapers, magazines or any other type of media.
(C) Regulations in Ring Route, Fischer Market Place, and Central Village area.
(1) Location. Media vending boxes within the public way along both sides of the following routes:
(a) Galaxie Avenue from 147th Street W. to 157th Street W. and Pennock Avenue and Flagstaff Avenue from 147th Street W. to 153rd Street W.;
(b) 147th Street and 153rd Street W. from Pennock Avenue to Flagstaff Avenue;
(c) Cedar Avenue, from 147th Street W. to 153rd Street W.;
(d) County Road 42 (150th Street W.) from 147th Street W. to Flagstaff Avenue;
(e) Foliage Avenue from 147th Street W. to 153rd Street W.;
(f) 152nd Street W. from Fortino Street from Galaxie Avenue to Foliage Avenue;
(g) Founders Lane; and
(h) Fresco Terrace.
(2) Placement.
(a) A media vending box shall be set back 20 feet from any curb.
(b) A media vending box shall be set back at least five feet from any driveway curb cut.
(c) A media vending box shall not be placed within five feet of any fire hydrant.
(d) No media vending box shall be placed closer than five feet to any marked crosswalk or handicapped access lane; and
(e) No box, or any part thereof, shall be placed on, in, or upon any sidewalk or pathway surface area.
(3) Height. A media vending box shall be no more than 60 inches in height above the street grade.
(D) Affixing and securing prohibited. A media vending box shall not be affixed or chained to traffic signs, parking meters, fences, benches, trees, fire alarm boxes or fire hydrants, light, or notice posts installed or maintained by any entity of government or utility. A media vending box shall not be secured by any device that requires drilling into, removal of, or reconstruction of paved surfaces, sidewalks, brick pavers, or other improvements within public ways.
(E) Use and appearance. A media vending box shall be maintained by the applicant in a state of good repair and neat appearance. The name, address, and phone number of the owner of the device or person responsible for maintenance shall be legibly displayed thereon.
(F) Collection and storage of nonconforming boxes. In addition to other penalties or remedies in this code, the city may collect and store media vending boxes which are unlawfully placed, vacated, inoperable, attached to public improvements, or are a physical obstruction on the public way. The Director of Public Works shall give written notice to the owner of the media vending box in noncompliance advising that the box shall be removed by the city within ten days unless the box is brought into compliance or the owner requests a hearing before the City Council. The city, however, may immediately remove a box that unreasonably interferes with vehicular or pedestrian traffic. The owner of the box so removed may seek a subsequent hearing before the City Council.
(G) Violation of this section shall be a misdemeanor. Additionally, any person violating this section shall reimburse the city for any damage done to the city’s property.
(‘81 Code, § 18-8) (Ord. 491, passed 7-26-90; Am. Ord. 781, passed 7-28-05)