No person shall place or maintain any news rack on or projecting onto any portion of the right-of-way or highway on which vehicles travel. News racks placed or maintained on or projecting onto any rights-of-way shall comply with the following standards and requirements:
(A) No news rack shall exceed 48 inches in height, 30 inches in width, or 24 inches in depth.
(B) News racks shall only be placed near a curb or adjacent to the wall of a building. News racks placed near the curb shall be placed no closer than 18 inches to the face of the curb, and no farther than 24 inches from the face of the curb, measured from the curb face to the nearest point on the news rack. News racks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall.
(C) No news rack shall be chained or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object, unless the permittee shall have first obtained the written permission of the owner of the object to which the news rack is affixed. News racks shall be bolted to the sidewalk, unless otherwise approved by the Director. Upon removal of a news rack, the permittee shall fully restore the sidewalk to its original condition. No news rack shall be chained or attached to loose objects, including, but not limited to, bricks, rocks, cinder blocks, pipes, or other such objects.
(D) News racks may be chained or otherwise attached to one another. However, no more than three news racks may be joined together in this manner (“group of news racks”), and a space of no less than 42 inches shall separate each group of news racks so attached, unless the news racks are placed adjacent to the wall of a building.
(E) No news rack or group of news racks shall be placed, installed, used or maintained at any location:
(1) Within five feet of any marked crosswalk;
(2) Within 15 feet of the curb return of any unmarked crosswalk;
(3) Within five feet of any fire hydrant, fire call-box, police call-box, or other emergency facility;
(4) Within five feet of any driveway;
(5) Within five feet in front of, and within 25 feet to the rear of, any sign or pavement markings designating a bus stop, measured parallel to the flow of traffic;
(6) Within six feet of any bus bench or shelter;
(7) Which causes, creates or constitutes a traffic hazard;
(8) Which unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property;
(9) Which will endanger persons or property;
(10) Which will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the highway or right-of-way;
(11) Where the clear space for the passage of pedestrians is reduced to less than 42 inches;
(12) Within 42 inches of any sidewalk obstruction, which shall include, but not be limited to, traffic signals, street light poles, trees, sign posts, telephones and utility poles;
(13) Where a curb is painted blue, yellow or white;
(14) Within three feet of any display window of any building abutting the right-of-way, or in such manner as to impede or interfere with the reasonable use or visibility of such window for display purposes;
(15) Which obstructs the motoring public's view of pedestrians or traffic and parking signage;
(16) Within 100 feet of any other news rack or group of news racks on the same side of the street containing the same edition of the same publication, unless the permittee can demonstrate to the Director that the demand for such publication within such 100 feet requires an additional news rack or racks. The total number of news racks within such 100 feet shall not exceed the maximum number of news racks allowed by subsection (H) of this section.
(F) No news rack shall be used for advertising or publicity purposes other than for the display, sale or purchase of the publication sold therein.
(G) Each news rack shall be maintained in a clean and neat condition and in good repair at all times. Each news rack shall be serviced and maintained so that:
(1) It is free of dirt, grease, and graffiti;
(2) It is free of chipped, faded, peeling and cracked paint in the visible areas thereof;
(3) It is free of rust and corrosion in the visible areas thereof;
(4) The clear plastic or glass parts thereof, if any, through which the publications therein are viewed, are unbroken and free of cracks, dents, blemishes and discoloration;
(5) The paper or cardboard parts or inserts thereof are free of tears, peeling or fading;
(6) The structural parts thereof are not broken or misshapen.
(H) No more than six news racks shall be permitted within a space of 100 feet on the same side of any right-of-way where vehicles are allowed to park, load, unload, or stand for any period of time.
(Ord. 3109 § 2 (part), 2012)