(A) Definition. Employment advertising stands, realty advertising stands and other advertising stands or racks used for the free distribution of material are herein referred to as NEWSSTANDS. Excluded from this definition are newspaper racks, used for the sale of daily newspapers such as the Minneapolis Star Tribune, St. Paul Pioneer Press, or a local city newspaper.
(B) General operation.
(1) The purpose of this section is to regulate the placing and maintenance of newsstands in public rights-of-way. This section was created to promote the public health, safety and welfare through the regulation of placement, type, appearance and servicing of newsstands on public rights-of-way so as to:
(a) Provide for pedestrian and driving safety, convenience, and comply with local, state, or federal handicapped accessibility regulations.
(b) Restrict unreasonable interference with the public use of the public right-of-way and with the flow of pedestrian or vehicular traffic from any residence or business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.
(c) Provide for the safety of people and property during periods of heavy snow, storms, and other adverse weather conditions, and for the proper functioning of the city's safety and sanitation forces.
(d) Provide reasonable access: For the use and maintenance of poles, posts, traffic signs or signals, hydrants, utility openings, delivery chutes, trash receptacles, bus or plaza benches, United States postal services mailboxes, parking meters and other public fixtures; and to locations used for public transportation purposes.
(e) Relocate and/or replace newsstands that result in a visual blight and/or excessive space allocation on the public rights-of-ways of which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, both public and private, as well as to remove abandoned newsstands.
(f) Maintain and protect the values of surrounding properties, and protect and preserve public property.
(g) Reduce unnecessary exposure of the public to personal injury or property damage.
(h) Treat all publications equally regardless of their size, content, circulation, or frequency of publication.
(i) Maintain and preserve freedom of speech and freedom of the press.
(j) Protect and enhance the city's attraction to residents, tourists and visitors, and serve as a support to stimulus to business and industry, by enhancing the visual and aesthetic character and interest of the city.
(2) Newsstands may not be attached in any way to courtesy benches permitted by the City of Columbia Heights. Furthermore, newsstands may only be placed in enclosed spaces, such as private building corridors or bus shelters, provided trash receptacles are available.
(C) Installation and maintenance
(1) Newsstands shall not exceed 60 inches in height, 30 inches in width, or 24 inches in depth.
(2) No advertising signs or materials, other than those advertising the name of the publications contained within the newsstand, shall be displayed on the outside of any stand, rack or corral.
(3) Each newsstand shall have stenciled or otherwise permanently affixed to it, in a readily visible place, a notice setting forth the name, address, and telephone number of the newsstand owner.
(4) Each newsstand shall be maintained in a neat and clean condition and in good repair at all times. Each newsstand shall be serviced and maintained and/or replaced if necessary, so that:
(a) It is reasonably free of dirt and grease;
(b) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted area thereof;
(c) If it is free of graffiti or other writing or pictures added without the permission of the owner;
(d) It is reasonably free of rust and corrosion in the visible metal areas;
(e) The clear plastic or glass parts, if any, through which the publication therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;
(f) The structural and solid parts thereof are not broken, do not contain holes;
(g) The dispensing portion of each box shall be fully enclosed and weatherproof so as to keep publications dry and free of snow and dirt;
(h) All surfaces shall be of sturdy impact resistant materials; and
(i) It shall contain no sharp corners or sharp protrusions.
(5) Newsstands for free publications may omit the coin box and may have a pull bar attached to the door in order to produce an "honor rack."
(D) Enforcement procedures.
(1) Any newsstand installed in violation of the provisions of this section shall be tagged with an administrative tag stating the violation, date of tagging, and notice of intention to remove the newsstand if the violation is not corrected within ten days. The City Manager may remove the newsstand ten days after notifying the newsstand owner by mail. If the permittee fails to remove the newsstand after receiving notice from the City Manager, the newsstand shall become the property of the city, but the permittee will remain liable for the cost of removal, restoration and storage of the newsstand. No permit or renewal shall be granted to the permittee until all such costs are paid in full.
(2) Any newsstand in violation of the provisions of this chapter, which violation creates an immediate and substantial danger to the health, safety, or welfare of the public, which violation cannot be quickly and easily corrected by moving or otherwise repositioning the news rack, may be removed and stored in a secure location so as to eliminate the danger to the health, safety and welfare of the public.
(3) Newsstands placed in the public right-of-way in the city, contrary to the provisions of this section, may be summarily removed by the City Manager, pursuant to M.S. § 160.27, subd. 6, as it may be amended from time to time.
(E) Abandoned newsstands.
(1) A newsstand shall be deemed abandoned when no publications provided by registered newsstand owner is in the newsstand for a period of more than 30 consecutive days, or when the newsstand and location have not been included on a master list as required under this section.
(2) In the event a newsstand is found abandoned on the public right-of-way within the city, the City Manager or designee shall cause the removal of said newsstand.
(F) Registration of permits obtained from other road authorities. When a newsstand is placed in the city within the limits of a street or roadway subject to the control of a road authority other than the city as defined in M.S. § 160.02, as it may be amended from time to time, then the person placing the newsstand shall file proof of permission from the other road authority with the City Manager.
(Ord. 1444, passed 2-11-02)