No permit application shall be approved and no permit shall be issued unless all of the following criteria are met:
(a) Location. Newsracks within the public right of way shall be placed adjacent and parallel to a curb or to a wall of a building. Newsracks placed near a curb shall face away from the street and shall be placed no less than eighteen (18) inches nor more than twenty-four (24) inches from the curb edge adjacent to the street. Newsracks placed adjacent to a wall shall be no more than six (6) inches from the wall nor less than three (3) feet from any doorway.
No newsracks shall be installed, placed or maintained:
(1) Within ten (10) feet of any marked crosswalk or of the curb return of any unmarked crosswalk;
(2) Within ten (10) feet of any fire hydrant, fire call box, police call box, or other emergency facility;
(3) Within five (5) feet of any driveway;
(4) Within five (5) feet ahead of or twenty (20) feet to the rear of any sign marking a designated bus stop;
(5) Within three (3) feet of any traffic sign, signal, device, mailbox or public utility pole;
(6) In or upon 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 in such a manner as to impede or interfere with the reasonable use of such window for display purposes;
(7) Within five (5) feet of any automated bank teller machine; or
(8) At any location where the continuous undivided space for the passageway of pedestrians is reduced to less than six (6) feet.
(b) Design. All newsracks shall:
(1) Not exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in depth;
(2) Weigh at least 200 pounds when empty. Such weight may be achieved by attaching the newsrack to a lead, cement or similar block of material, the length and width of which do not exceed that of the newsrack base; and
(3) Have a functioning coin return mechanism if a fee is charged for the publication contained therein.
(c) Subsections (a) and (b)(1) and (2) hereof shall not be applicable to any newsrack installed, placed or maintained pursuant to Section 731.02(c).
(Ord. 33-1984. Passed 9-17-84.)