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(a) No newspaper stand may be erected, located or maintained if the site or location of the newspaper stand endangers public safety or property; or when such site or location is used for public utility purposes, public transportation purposes or other governmental uses; or when such newspaper stand unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near such location.
(b) No newspaper stand shall be situated so that the clear space for the passage of pedestrians on the sidewalk is reduced to less than six feet. No newspaper stand shall be placed within three feet of any area improved with a lawn, flowers, shrubs or trees or within three feet of any display window of any building or in such manner as to impede or interfere with the reasonable use of such window for display purposes. The provisions of this subsection (b) shall not apply prior to January 1, 1992 to any newspaper stand operating pursuant to a permit issued pursuant to this article prior to the effective date of this section.
(c) No seat, chair or canopy shall be attached to the exterior of any newspaper stand.
(d) Each newspaper stand shall be kept locked and secured when not in use.
(e) No newspaper stand shall be equipped with electricity from an outside source unless all appropriate permits therefor have been secured.
(Added Coun. J. 6-28-91, p. 2872)
(a) Any permit for a newspaper stand shall be revoked by the commissioner of transportation if:
(1) the newspaper stand is erected, located or maintained in violation of this Code or regulations adopted pursuant thereto;
(2) the newspaper stand has not been occupied and open for business purposes at any time within the previous 60-day period;
(3) the operator of the newspaper stand fails to take reasonable precautions to prevent the stand from being used for illegal activities;
(4) it is determined that the permit holder has submitted false information in or in connection with his application; or
(5) in the case of a permit for a new newspaper stand, the permit holder fails to erect a stand meeting the requirements of this Code within 90 days after the permit is issued.
(b) Before a permit is revoked pursuant to this section, notice of the revocation and the reasons therefor shall be mailed to the permit holder. Within ten days of such notice, the permit holder may request a hearing at which he will be given the opportunity to respond to the allegations in the complaint. If no request for a hearing is made within such ten-day period, the permit shall be revoked. If such a request is made, a hearing shall be scheduled by the commissioner of transportation within 30 days after receiving the request. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, if, after the hearing the commissioner determines that the allegations in the notice of revocation are true, he shall revoke the permit and order the newspaper stand removed. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing, make a final determination and order the revocation of the permit and removal of the newspaper stand, if it determines that the allegations in the revocation notice are true. Within 15 days after the permit for a newspaper stand has been revoked, the former permit holder shall remove the newspaper stand from the public way or other public property and repair any damage to the property caused by the installation or removal of the stand. If such action is not taken by the former permit holder, the city shall cause the removal and repairs to be made and may collect from the former permit holder an amount equal to the amount of the city's expenses for such removal and repair.
(c) In addition to any other authority given to the commissioner pursuant to this section, the commissioner shall cause the removal of any newspaper stand on the public way or on any other unenclosed property owned or controlled by the city for which no valid permit is in effect. Prior to doing so, the city shall post a notice on the stand stating that the stand must be removed and the public property restored to its original condition within 15 days after the date of the notice. If the name and address of the owner or operator of the newspaper stand is known to the commissioner, a copy of the notice shall be mailed to that person. The notice shall also state the owner or operator of the stand may request a hearing to demonstrate compliance with this article by filing such request in writing with the commissioner within the 15-day period. If the stand is not removed and no such request is filed within the 15-day period, the city shall cause the removal and repairs to be made and may collect from the owner or operator an amount equal to the amount of the city's expenses for such removal and repairs. If a timely request for a hearing is filed, a hearing shall be scheduled by the commissioner within 30 days after the request is made. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, if after the hearing the commissioner determines that the newspaper stand is not in compliance with this article, he shall order the stand removed and the public property repaired within 15 days. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c), upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing, make a final determination, and order the stand removed and the public property repaired within 15 days, if it determines that the newspaper stand is not in compliance with this article. If the stand is not removed and the repairs are not made within such 15-day period, the city shall cause the removal and repairs to be made and may collect from the owner or operator an amount equal to the city's expenses for such removal and repairs.
(d) Notwithstanding any provisions to the contrary, the city may remove summarily any newspaper stand that poses an immediate threat to the health or safety of the public. Within 15 days after taking such action, the commissioner shall notify by mail the holder of the permit for the newspaper stand (or, if there is no such permit and the identity and address of such person may be reasonably ascertained, the owner of the newspaper stand) of the action taken and the reasons therefor. Within ten days after such notification is made, the permit holder or newspaper stand owner may request a hearing for the purpose of determining whether the newspaper stand was in violation of this article. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, the commissioner or his designee shall conduct the hearing. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing and make a final determination. If, after such hearing, or if no timely request is made, the commissioner or the administrative law officer determines that such a violation did occur, the permit for the newspaper stand, if any, shall be revoked and the permit holder or newspaper stand owner shall be required to pay the city an amount equal to the amount of the city's expense in removing the newspaper stand and making necessary repairs.
(e) Any salvageable portion of a newspaper stand removed by the city pursuant to this article, and any contents of such stand, shall be stored by the city for a period of 30 days. The owner of the stand may reclaim the property within such 30 day period by paying to the city all amounts payable to the city for its expenses in removing the stand and repairing the public property, plus a $50.00 storage fee. Any property that is not so reclaimed shall be disposed of as unclaimed property.
(Prior code § 34-13; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
The commissioner of transportation shall have the authority to adopt such orders, rules and regulations as he may deem necessary for the proper administration and enforcement of the provisions of this article.
(Added Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
The provisions of Sections 10-28-130 through 10-28-192 are severable. If any section, clause, provision, portion or application of those sections is determined by any court to be invalid for any reason, the validity of the remaining sections, clauses, provisions or portions, and their application to other circumstances, shall not be affected thereby. It is the intention of the city council that those sections would have been enacted by the city council regardless of the invalid sections, clauses, provisions, portions or applications.
(Added Coun. J. 6-28-91, p. 2872)
Editor's note – Coun. J. 4-1-98, p. 65353, renumbered § 10-28-194 as § 10-28-770.
Editor's note – Coun. J. 4-1-98, p. 65353, renumbered § 10-28-196 as § 10-28-775.
ARTICLE IV. CANOPIES AND MARQUEES (10-28-200 et seq.)
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