10-28-740 Violation – Penalty.

   Any person who violates this article shall be subject to a fine of not more than $100.00 for each offense. Each day that any such violation continues shall be considered a separate and distinct offense.

(Added Coun. J. 12-19-90, p. 28705)

ARTICLE XI-A. NEWSRACKS (10-28-750 et seq.)

10-28-750 Definitions.

   As used in this article, unless the context clearly requires otherwise:

   "Newsrack" means any self-service or coin- operated box, container or other dispenser installed, used, or maintained on the public way for the sale or distribution of newspapers, periodicals or other publications from that dispenser.

   "Distributor" means the person responsible for placing, installing or maintaining a newsrack on the public way.

   "Public way" shall have the meaning ascribed to the term in Section 1-4-090 of this Code.

   "Commissioner" means the commissioner of transportation or his or her designee.

   "Central Business District" has the meaning ascribed to the term in Section 9-4-010.

   "Multiple newsrack" means a newsrack designed to dispense two or more different publications.

   "Intersection" means that portion of the public way which surrounds the intersecting portion of two or more roadways, extended along each roadway to the mid point of each block.

(Added Coun. J. 4-1-98, p. 65351)

10-28-755 Newsracks permitted on public ways.

   Not withstanding Section 10-28-010 or 10-28-040 or any other provision of this Code, newsracks may be placed on the public way as permitted by this article.

(Added Coun. J. 4-1-98, p. 65351; Amend Coun. J. 1-13-10, p. 83228, § 1)

10-28-760 Newsracks – Installation; maintenance.

   No newsrack shall be placed, installed or maintained:

   (a)   Within five feet of any marked or unmarked crosswalk.

   (b)   Within five feet of a fire hydrant.

   (c)   At any location where the clear space for the passageway of pedestrians is reduced to less than six feet in the Central Business District, or less than three feet outside the Central Business District.

   (d)   On any area of lawn, flowers or shrubs or other similar landscaping, or in such a manner where ordinary use of the newsrack will cause damage to such landscaping.

   (e)   Within five feet of any driveway, alley, loading zone, handicapped ramp or curb cut.

   (f)   On any grating or manhole cover.

   (g)   On any surface where the newsrack will cause damage to or interfere with the use of any pipes, vault areas or telephone or electrical cables and wires.

   (h)   In the case of a multiple newsrack, within two feet of a curb face.

   (i)   Within the initial 20 feet of any area used by the Chicago Transit Authority for loading and unloading passengers at a bus stop, measured from the front position of the bus.

   (j)   Within a multiple newsrack area except as permitted by this article.

   (k)   Outside of a multiple newsrack area but within 200 feet of a multiple newsrack lawfully situated within such an area.

   (l)   Within five feet of a bicycle parking rack.

   (m)   Within five feet of a bicycle share station.

(Added Coun. J. 4-1-98, p. 65351; Amend Coun. J. 10-28-15, p. 11951, Art. VII, § 6)

10-28-765 Newsracks weighted for stability and safety.

   (a)   Each newsrack shall be sufficiently weighted to provide stability and safety. Newsracks shall be maintained in orderly rows. Within the central business district, no newsrack shall be chained, tied or otherwise fastened to a tree, signpost, streetlight, telephone pole or other fixture on the public way.

   (b)   Each newsrack shall be maintained undamaged and in good operating order at all times, and shall be kept free of graffiti and of litter and other debris. Newsracks shall be kept reasonably free of chipped, faded, peeling and cracked paint.

   (c)   Each newsrack shall be plainly marked with the name, address and business telephone number of the distributor.

   (d)   Not later than June 1 of each year, every distributor shall submit to the commissioner a list, in a form specified by the commissioner, of the locations of all of the distributor's newsracks that were situated on the public way as of May 1 of that year.

   (e)   A newsrack that remains severely damaged and beyond repair or empty for a period of 30 days or more shall be considered abandoned and in violation of this article.

(Added Coun. J. 4-1-98, p. 65351; Amend Coun. J. 9-1-04, p. 29942, § 1)

10-28-770 Coin slots; height requirements; etc.

   No person shall place, install or maintain a newsrack on the public way if such newsrack exceeds 26 inches in width, 26 inches in depth, or 50 inches in height; provided, however, that a coin slot not exceeding ten inches in width, ten inches in depth, or 25 inches in height, may be attached to the top of the newsrack, as long as the combined height of the newsrack and coin slot does not exceed 65 inches. This prohibition does not apply to multiple newsracks that are placed, installed or maintained within a multiple newsrack area in accordance with this article.

(Prior code § 34-13.1; Added Coun. J. 7-12-90, p. 18399; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 4-1-98, p. 65351)