(a) Any newsrack that, in whole or part, rests on any public right-of-way within the city not open to vehicular traffic must:
(1) comply with all applicable city ordinances and state and federal laws; and
(2) not remain continuously empty of publications authorized under the newsrack license for more than 30 consecutive days.
(b) In addition to meeting the requirements of Subsection (a), any freestanding newsrack or multiple newsrack unit that, in whole or part, rests on any public right-of-way within the city not open to vehicular traffic must meet all of the following standards:
(1) Not display advertising, except that a logo or other information identifying the publication and coin operation information may appear on the newsrack. This information must be contained in an area not to exceed six inches high and 20 inches wide on the front, back, and/or sides of the newsrack.
(2) If the newsrack will be located within any special district with an overall design theme that specifies particular colors or materials, then the newsrack material and color must conform to the special district design requirements. If design standards for a special district require that particular materials or colors be used for newsracks, the director shall notify any licensee with a newsrack in that district of the requirements.
(3) Have a notice, not to exceed three inches high and five inches wide, in a readily visible place on the newsrack with the name of the distributor and a working telephone number of whom to call to report a malfunction or to obtain a refund if any coin return mechanism malfunctions. This separate notice is not required if the information required by this paragraph is included with the logo and information allowed under Paragraph (1) of this subsection.
(4) Be maintained in a neat and clean condition and in good repair such that:
(A) the newsrack is reasonably free of dirt and grease;
(B) the newsrack is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas;
(C) the newsrack is reasonably free of rust and corrosion in the visible unpainted metal areas;
(D) any clear plastic or glass parts through which the publications are viewed are unbroken and reasonably free of cracks, dents, blemishes, and discoloration;
(E) any paper or cardboard parts or inserts are reasonably free of tears, peeling, or fading; and
(F) no structural parts are broken or excessively misshapen.
(5) Be of sufficient weight, or be anchored in a manner approved by the director to a heavy metal plate of sufficient weight, to prevent tipping over of the newsrack. A freestanding newsrack may not be anchored to the ground, sidewalk, trees, posts, poles, or streetscape furniture. (Ord. Nos. 26809; 27201)