Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:
A. No newsrack shall exceed forty (40) inches in height, thirty (30) inches in width or twenty-four (24) inches in thickness.
B. Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches nor more than twenty-four (24) inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to the wall and not less than six (6) inches nor more than eighteen (18) inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite a newsstand or another newsrack.
C. No newsrack shall be chained, bolted or otherwise attached to any property without the express written permission of the owner of such property.
D. Notwithstanding the provisions of § 12.24.040, no newsrack shall be placed, installed, used or maintained:
1. Within ten (10) feet of any marked mid-block crosswalk;
2. Within thirty (30) feet of any street or alley curb return;
3. Within eight (8) feet of any fire hydrant, fire call box, curb bordering any fire access lane, police call box or other emergency facility;
4. Within ten (10) feet of any driveway;
5. Within five (5) feet ahead of or twenty-five (25) feet to the rear of any sign marking a designated bus stop;
6. Within six (6) feet of any bus bench or bus shelter;
7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four (4) feet; or
8. Within three (3) feet of any area improved with lawn, flowers, shrubs or trees, or within three (3) feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.
E. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or printed material sold therefrom.
F. Each newsrack shall be maintained in a clean and neat condition and in good repair at all times.
G. Each newsrack shall be constructed and located in compliance with this chapter and in such manner as to comply with all state and federal regulations concerning access by disabled persons.
H. Each newsrack shall have affixed thereto in a place where such information may be easily seen, the correct name, address and telephone number of the owner thereof. Upon acceptance of a newsrack permit, each permittee shall be deemed to have consented to receive any notices given pursuant to this chapter, by mail, at the address affixed to such permitted newsrack(s).
I. No newsrack permit shall be transferable without ten (10) working days' prior notification to the city and continued compliance with the provisions of this chapter.
('61 Code, § 20A.5) (Ord. 944, passed - - )