(A) No party shall place, construct or maintain within the right-of-way of any public way of the city any permanent or immovable object, street furniture, structure, sidewalk, entrance way, driveway or other installation, except as otherwise permitted by applicable city ordinance or law.
(B) Before placing an object, structure, street furniture or other installation, written approval, in the form of a permit or other legal document granting the privilege to occupy the right-of-way, shall be obtained from the City Manager or his or her designee.
(C) All objects, structures, street furniture and installations shall be maintained by the operator, owner and/or permit holder in a reasonably clean condition and shall be free of dirt and grease, rust and corrosion in visible metal areas, graffiti, discolored or bare surfaces, chipped, faded, cracked and peeling paint, cracked, dented or broken components, pasted bills and other debris.
(D) No objects, structures, street furniture and/or installations shall be abandoned.
(E) The operator, owner and/or permit holder of a permanently mounted object, structure, street furniture and/or installation shall repair any damage to the right-of-way caused by the installation or the maintenance of the object, structure, street furniture and/or installation.
(F) On removal of an object, structure, street furniture and/or installation, the operator, owner and/or permit holder of a permanently mounted object, structure, street furniture and/or installation who removes the rack must completely remove or cut off all bolts or fasteners flush with the surface of the right-of-way and restore the right-of-way to its original condition.
(G) Newsracks: newsracks may be placed in public rights-of-way, subject to the following conditions and/or restrictions.
(1) It shall be unlawful for any owner to place, affix, erect, construct or maintain a newsrack upon any public sidewalk or public right-of-way without first having obtained written permission for the placement and location from the City Manager or his or her designee, in accordance with the provisions of this subchapter.
(a) An applicant shall submit a written request for placement of a newsrack to the City Manager or his or her designee with the following information:
1. The name, address, telephone number and email address of the person/entity responsible for the newsrack;
2. The name, address, telephone number and email address of the person who the City Manager should notify or contact at any time concerning the permittee’s newsrack;
3. The number, location, position and installation method of a newsrack shown on a reasonably scaled map/drawing or aerial photograph;
4. Names of publications to be contained in each newsrack, frequency of distribution, and restocking schedule; and
5. A description and dimensions of the newsrack.
(b) The City Manager or his or her designee shall issue a written decision to an applicant within 30 days of the submission of a written request containing required information indicated in division (G)(1)(a) above.
(c) Any denial or decision regarding an applicant’s proposed placement of a newsrack in the right-of-way may be appealed to the Board of Commissioners within 30 days of the denial or decision. A decision of the Board of Commissioners may be appealed to Kenton Circuit Court within 30 days of the Board’s decision.
(2) Newsracks shall have the following dimensions:
(a) The height shall not exceed 60 inches;
(b) The width, measured at the widest point, shall not exceed 25 inches; and
(c) The depth, measured at the widest point, shall not exceed 25 inches.
(3) Newsracks may not be bolted or permanently affixed to any public sidewalk or improved right-of-way unless such installation is approved by the City Manager or his or her designee. If approved, installation will be in a manner that conforms with the requirements herein, and to ensure minimum damage to the right-of-way infrastructure.
(4) Newsracks which are not bolted or permanently attached to any public sidewalk or public right-of-way shall be secured by a weighted base or pedestal to prevent the newsrack from being tipped over, upset by the elements or by contact from pedestrians.
(5) Newsracks shall not be chained or otherwise attached to any tree, bench, signpost or any other fixture.
(6) Each newsrack shall be regularly maintained by its owner in a reasonable, clean, neat and attractive condition, and be in good repair at all times so that:
(a) It is kept free from graffiti;
(b) It is kept free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
(c) It is kept free of rust and corrosion in the visible unpainted metal areas thereof;
(d) The clear glass or plastic parts thereof, if any, through which the printed material being dispensed are not broken and are kept free of tears, peeling or fading; and
(e) The structural parts of the newsrack are not broken or unduly misshapen.
(7) In the event that an owner shall completely remove the newsrack and any mounting attachment, the owner shall be required to restore the location to a safe condition, leaving no defect or projection in the pavement.
(8) Any newsrack that is abandoned or that fails to comply with any of the requirements set forth herein, may be removed by the city after providing a seven-day notice to the owner that the newsrack has been deemed abandoned or is not in compliance. A newsrack will be considered abandoned when any newsrack that does not contain the newspaper specified therefore for more than seven consecutive days for a daily publication, or 14 consecutive days for a weekly publication or any other magazine or informational material.
(9) Newsracks shall be placed in locations that do not obstruct or interfere with ingress to or egress from abutting properties and which do not impede or endanger pedestrians or vehicular traffic.
(10) Newsracks shall not be placed:
(a) Upon a public sidewalk or public right-of-way in a manner that blocks ingress or egress to a building or readily identifiable or marked bus stop loading zone, or other loading zone, or handicapped parking space;
(b) Within 15 feet of a fire hydrant;
(c) Within two feet of a parking meter, mailbox, bench, light post, planter or tree grates;
(d) On any portion of tree grate, manhole cover, meter and/or valve box cover, or vent cover for underground utilities;
(e) At any location whereby the clear, space on the public sidewalk for passageway of pedestrians is reduced to less than four feet;
(f) In such a manner as to obstruct the sight lines at street intersections that creates safety hazards for pedestrians and vehicle operators: or
(g) In such a manner where the door of the newsrack opens beyond the edge of a street curb.
(11) Modular newsracks are prohibited unless provided by the city.
(12) As a condition to receiving the written permission, the newsrack permittee shall release and indemnify, defend and save harmless the city, its officers, elected officials, agents and employees from and against any and all claims, actions, demands, judgment costs expenses, and damages of every kind and nature incurred by or incurring to any person whatsoever predicated upon injury to or death of any person, or loss of or damage to property, public or private, or whatever ownership, or damages to business, provided such injury, death or loss or damage shall arise out of or be connected directly or indirectly to the exercise of any right or privilege granted by any written permission issued under this chapter.
(H) Temporary roll-off containers and construction debris: no person shall place a dumpster, temporary roll-off container or other receptacle for demolition or construction debris in or on any yard, street or sidewalk until he or she submits an application to and obtains a permit (hereinafter “dumpster permit”) from the Code Enforcement Department.
(1) The Code Enforcement Department may issue a dumpster permit for a period not to exceed 90 days, for the purpose of containing demolition or construction debris while the applicant conducts rehabilitation or construction work at the location identified in the application.
(2) Every person desiring a dumpster permit shall make application therefor, in writing, to the Code Enforcement Department, stating the location where the dumpster is to be placed, the name, address and phone number of the owner or agent of the property to be served by the dumpster, the name and phone number of the solid waste company or owner of the dumpster and any other information that the Code Enforcement Department may reasonably require. The permit application must be accompanied with a dumpster permit fee of $20.
(3) Every person responsible for the placement of a dumpster or other receptacle for demolition or construction debris must comply with the requirements listed on the dumpster permit.
(4) The city may cause to have a dumpster or other receptacle for demolition or construction debris removed from its location in the city, at the expense of the person responsible for its placement, if:
(a) The person responsible for the placement of the dumpster has not obtained a dumpster permit from the Code Enforcement Department;
(b) The dumpster permit issued by the Code Enforcement Department, or an extension thereof, has expired;
(c) A person who obtains a dumpster permit places the dumpster at a location different that the location identified in the application for the permit; or
(d) Refuse is placed in the dumpster from location(s) other than the location identified in the application.
(I) Portable storage units.
(1) No person shall place a portable storage unit or similar container on any yard, driveway, street or sidewalk, unless authorized by other applicable laws and regulations, until he or she submitted an application to do so and obtains a permit (hereinafter “portable storage unit permit”) from the city’s Code Enforcement Department.
(2) For purposes of this division (I), a PORTABLE STORAGE UNIT is defined as a transportable unit designed and used primarily for temporary storage of building material, household goods, personal items and other material for use on a limited basis on residential property.
(3) The Code Enforcement Department may issue a portable storage unit permit to allow the placement of a unit not to exceed 30 days from the date of the issuance of the permit. The Code Enforcement Department may allow an extension of the 30-day period for good cause with written request by the applicant, but in no event shall a placement of the temporary portable storage unit exceed 60 days. Only one permit is allowed in a one-year period (beginning on the day the permit is issued).
(4) Every applicant shall provide the location of the temporary portable storage unit, the name, address, phone number and email address (if applicable) of the owner or agent of the property to be served by the temporary portable storage unit; and the name address, phone number and email address (if applicable) of the service company that provides the temporary portable storage unit and any other information that the Code Enforcement Department may reasonably require.
(5) The permit application must be accompanied with a temporary portable storage unit fee of $20.
(6) The Code Enforcement Department shall issue citation(s) to any person(s) violating this section.
(J) Notwithstanding any other provision of this section, the city may cause to be removed from the public rights-of-way, without prior notice to the operator, owner and/or permit holder an object which:
(1) Presents a clear and present danger to the public, or substantially impedes the use of the public rights-of-way by pedestrians; and
(2) An object, structure, street furniture and/or installation which has not been granted a permit or other written permission to occupy the right-of-way.
(K) Within 48 hours after an object, structure, street furniture and/or installation has been impounded under this section, the city shall give written notice of the impoundment and shall issue a citation for violation of this section to the operator, owner and/or permit holder, using the name and address listed thereon. If there is no name, address or telephone number listed on the object, then the city shall make a reasonable effort to determine the operator, owner and/or permit holder for the purpose of notifying such person of the citation and the impoundment. The notice shall inform the operator, owner and/or permit holder of the procedure to claim the impounded object, structure, street furniture and/or installation, including the administrative cost of impoundment and storage, the procedure for contesting the citation and impoundment, the time within which the object, structure, street furniture and/or installation must be claimed, and the legal consequences of failure to claim the object in a timely manner.
(1) The operator, owner and/or permit holder of an object, structure, street furniture and/or installation that has been cited and impounded pursuant to this section, may challenge the validity of a citation and an impoundment and request in writing a hearing before the Code Enforcement Board. The hearing shall be conducted within seven business days of the date of the request, unless the owner, operator and/or permit holder waives the limitation or the city shows good cause for such delay. The city shall retain possession of the object, structure, street furniture and/or installation pending the hearing, unless the operator, owner and/or permit holder posts a bond in an amount equal to the fines and fees accrued as of the date of the hearing request, or $100, whichever is less. If the operator, owner and/or permit holder is unable to pay the amount of the bond, the hearing shall be held within 48 hours of the date the request for hearing is received, unless such person requests or agrees to a continuance.
(2) No sooner than 30 days after the date of notice of impoundment, or 30 days after the date of impoundment in which the city has made a reasonable effort to determine the operator, owner and/or permit holder for the purpose of notifying such person notice of impoundment, the city may dispose of any impounded and unclaimed objects. The city may not dispose of any impounded and unclaimed objects in which an appeal of the citation and the impoundment is pending pursuant to the administrative procedures outlined in this section.
(3) The operator, owner and/or permit holder of an object, structure, street furniture and/or installation that has been cited and impounded pursuant to this section, shall be assessed an impoundment fee of $50 for each object, structure, street furniture and/or installation that has been impounded. In the event that the operator, owner and/or permit holder has been found not to have violated this section, no impoundment fee shall be assessed.
(L) Any permanent or immovable object, street furniture, structure, sidewalk, entrance way, driveway or other installation that has been designated as public art or an object of art by the city, shall be exempt from any design requirements contained in this section or in any regulations promulgated by applicable city departments.
(1984 Code, § 96.15) (Ord. O-04-20, passed 1-28-2020) Penalty, see § 96.999