The purpose is to regulate sales in parks and public grounds, and to permit the placement of newsracks on public sidewalks, while controlling the inconvenience, interference with pedestrian traffic and danger to public that could be caused by unregulated sales in parks and public grounds and unregulated placement of newsracks.
(a) Sales In Parks and On Public Grounds. No person shall sell or distribute on the streets, alleys, parks or other public grounds of the City, any goods, wares or merchandise without registration and permit as required by Euclid Codified Ordinance Section 753.03 et seq., except newsracks as provided for in subsections (b) through (i) hereof.
(b) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(1) “City”. The City of Euclid.
(2) “Newsrack”, Any self-service or coin-operated box, container, storage unit or other dispensing device installed, used, or maintained for the display and sale of newspapers or news periodicals.
(3) “Parkway.” That area between the sidewalks and the curb of any street, and where there is no sidewalk, that is between the edge of the roadway and the property line adjacent thereto. “Parkway” shall also include any area within a roadway, which is not open to vehicular travel.
(4) “Roadway.” That portion of a street improved, designed, or ordinarily used for vehicular travel.
(5) “Sidewalk.” Any surface provided for the primary use of pedestrians, on any public right-of-way under the jurisdiction of the City.
(6) “Street.” All that area dedicated to public use or public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
(c) Registration of Location.
(1) Registration of newsracks may be made on forms approved by the Public Service Director for installation of newsracks on public property along the streets and thoroughfares in the City respecting newspapers circulated throughout the City. The registration must include the following information:
A. The location of each newsrack to be installed or maintained in the City by the registrant; and
B. The name, address, and telephone number of the registrant.
(2) No more than one registration shall be required per registrant, regardless of the number of newsracks the registrant maintains in the City. Any new location(s) shall require additional registration of such new location(s).
(3) From the above information the Director of Public Service shall register newsrack locations and shall notify the registrant if a location is in violation of the standards and criteria set forth in this ordinance.
(4) Such registration shall be required in order to regulate placement and maintenance of newsracks, and to identify the owner of each unit.
(d) Standards for Installation, Maintenance and Operation.
(1) No newsrack shall exceed 50 inches in height, 30 inches in width, or two feet in thickness.
(2) Newsracks shall be placed only near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall.
(3) Newsracks must be secured to City property such as sidewalks by methods approved by the Director of Public Service.
(4) No newsrack shall be placed, installed, used or maintained:
A. Within five feet of any marked crosswalk.
B. Within 15 feet of the curb return of any unmarked crosswalk.
C. Within five feet of any fire hydrant, fire call box, police call box, or other emergency equipment.
D. Within five feet of any driveway.
E. Within five feet ahead of, and 25 feet to the rear of, any sign marking a designated bus stop or a bus bench.
F. At any location where five newsracks are already located. Groups of five newsracks must be at least 25 feet away from the next nearest newsrack.
(5) Each newsrack shall be maintained in a reasonably clean and safe condition and in good repair at all times.
(6) The registrant shall not use a newsrack for advertising signs or publicity purposes other than the publication within the newsrack.
(7) All newsracks shall be white in color.
(e) Registration Revocation.
(1) Registration may be revoked by the Director of Public Service only after notice and hearing and only for either of the following causes:
A. Fraud, misrepresentation or any false statement contained in the registration; and
B, Noncompliance with or violation of any provision of this section or other ordinances regulating such registration. The content of any newspaper sold or any censorship thereof shall not be a good cause or reason for disapproval or revocation of a registration, except that pornographic material which violates other ordinances of the City or the general laws of the State shall not be permitted to be dispensed from dispensing devices.
(2) A person aggrieved by a determination of the Director of Public Service in revoking registration may appeal to the Planning and Zoning Commission. Such appeal shall be made by filing a notice of appeal, including a statement of the grounds for the appeal, with the Zoning Commissioner within ten days after notice of the determination by the Director of Public Service has been given. The Planning and Zoning Commission shall set the time and place for hearing such appeal and notice of such time and place shall be given to the registrant in writing. The Planning and Zoning Commission may reverse, affirm or modify the decision of the Director of Public Service and any such decision made by the Planning and Zoning Commission shall be final. If the Planning and Zoning Commission fails to hear and decide such appeal within 90 days of the date of docketing of such appeal on the Planning and Zoning Commission agenda, which shall be the first Planning and Zoning Commission meeting after the filing of such appeal, the appeal shall be sustained and the relief sought in the appeal shall be granted, except that such relief shall be limited to that provided herein to the Planning and Zoning Commission.
(3) The Director of Public Service and the Planning and Zoning Commission shall have subpoena power to compel attendance of witnesses at the hearing. Included in the subpoena power contained herein is the power and duty to subpoena witnesses and compel the attendance of witnesses. If the Director or Commission must compel the attendance of witnesses on behalf of the appellant, such action shall be at the expense of the appellant.
(4) The filing of an appeal to the Planning and Zoning Commission of the final determination of the Director of Public Service under this section shall stay the decision of the Director of Public Service to revoke a registration until after the registrant has exhausted all rights of appeal provided by these Codified Ordinances and for seven days thereafter.
(f) Removal of Newsrack.
(1) The Director of Public Service may remove any newsrack on any street or sidewalk in a location in violation of this section after giving the owner notice with ten business days to respond. Any newsrack causing a traffic hazard or other hazard shall be removed at once, with notice given to the owner as soon as practical thereafter. A review hearing before the Planning and Zoning Commission may be requested in writing by serving such request upon the Zoning Commissioner within 14 days of removal.
(2) The registrant, upon the removal of a newsrack for any reason, shall restore the property of the City to the same condition as when the device was initially installed, ordinary wear and tear excepted.
(g) Severability. The provisions of this ordinance are severable. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application.
(h) Injunction. Any violation of this section is hereby declared to be a nuisance. In addition to any other relief provided by this section, the Law Director may apply to a court of competent jurisdiction for any injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, preliminary injunction and permanent injunction. The Law Director may also sue for damages on behalf of the City.
(i) Penalty. Any newsrack owner violating any provision of this section shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs of continues.
(Ord. 128-1969. Passed 6-16-69; Ord. 7-2003. Passed 1-6-03; Ord. 151-2006. Passed 9-18-06.)