(a) Location. No newspaper dispensing device shall be placed, installed, used or maintained:
(1) In such manner as to rest, in whole or in part, on or over any portion of the roadway;
(2) In any residential district or civic and recreational district of the City except in those locations adjacent to public bus shelters in accordance with subsection (a)(8) hereof;
(3) At any location where the width of the paved clear space in any direction for the passageway of pedestrians is reduced to less than five feet;
(4) So as to reduce the clear, continuous combined sidewalk and paved tree lawn width to less than five feet;
(5) Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
(6) Within five feet of any intersecting driveway, alley, access drive or street;
(7) Within three feet of any crosswalk;
(8) Within eight feet of a sign identifying a particular bus company or bus route number and marking a designated bus stop except that a group of newspaper dispensing devices may be located adjacent to a bus shelter in a manner that does not restrict ingress or egress, of bus passengers, or which is installed, placed, used or maintained contrary to any other provision of this section;
(9) Within three feet of any traffic sign;
(10) Within six inches of any public utility pole, provided that placement adjacent to a public utility pole shall be limited to one side of the pole;
(11) Within that portion of the sidewalk parallel to an area designated for handicapped parking, a commercial loading or unloading space, or which serves as a handicap curb or ramp;
(12) Within one foot of any public area improved with lawn, flowers, shrubs or trees;
(13) Within three feet of any display window of a building abutting a sidewalk or in such a manner as to impede or interfere with the reasonable use of such window for display purposes;
(14) Within 250 feet of any other newspaper dispensing device on the same side of the street which contains the same publication, magazine, newspaper, pamphlet, poster or periodical except that the Director of Public Service and Development may permit two such dispensing devices at the same location where such placement would not impede traffic or otherwise create a hazardous condition;
(15) In a manner that blocks, obstructs or restricts the free passage of pedestrians in the lawful use of the sidewalk;
(16) So as to be stacked one on top of another; or
(17) In other than a secure and stationary manner.
Newspaper dispensing devices may be placed or installed adjacent to each other provided that no more than three newspaper dispensing devices are adjacent to each other. No group of newspaper dispensing devices shall be placed within twenty-five feet of any other group of newspaper dispensing devices.
Newspaper dispensing devices shall be placed or installed parallel to a curb or to a wall of a building abutting the sidewalk at such specific locations applied for and determined by the Director as shall not cause an undue health or safety hazard, or cause a nuisance, and which complies with the provisions of this section. Newspaper dispensing devices placed parallel to a curb shall face away from the roadway. Newspaper dispensing devices placed parallel to a wall of a building abutting the sidewalk shall be no more than twelve inches from the wall and no less than three feet from any doorway.
(b) Installation; Removal. Newspaper dispensing devices shall be not cabled, chained or otherwise attached to the sidewalk or to any other object or building except to another newspaper dispensing device. Upon removal of a newspaper dispensing device, the owner of such device shall be responsible for repairing any damage to the sidewalk caused by the installation or placement of such device. The extent of the repairs shall be determined by the Director.
(c) Size. All newspaper dispensing devices shall:
(1) Not exceed fifty inches in height, thirty inches in width or twenty-four inches in depth;
(2) Weigh at least 160 pounds when empty;
(3) Have a functioning coin return mechanism if a fee is charged;
(4) Have affixed in a readily visible place a notice setting forth the title, address and phone number of a responsible officer or agent of the owner to contact to report a malfunction of the coin return mechanism.
(d) Color. All newspaper dispensing devices shall be of the same color or colors as required of other streetscape facilities.
(Ord. 87-37. Passed 12-7-87.)