(A) No newsrack shall be placed, installed, used or maintained:
(1) Where any portion of the newsrack is less than six inches from the curb face, or if placed near the front of a building, the newsrack shall not be more than six inches from the face of the building and must meet the remaining portions of this subchapter;
(2) Within three feet of any marked pedestrian crosswalk or handicapped ramp;
(3) Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility;
(4) Within five feet of any of the following: traffic control cabinets, bicycle parking racks, the entrance to public transit shelters, public telephone enclosures, kiosks, or the entrance to any portion of a driveway;
(5) On any portion of a tree grate, manhole cover, meter and/or valve box cover or vent cover for underground utilities;
(6) At any location whereby the clear space on the public sidewalk for passageway of pedestrians is reduced to less than four feet;
(7) Within two feet of any bench in the public right-of-way;
(8) Within a designated bus stop;
(9) Where a newsrack location interferes with driver sight distances, as defined by city or state standards;
(10) Where it interferes with the security of any facility;
(11) Within five feet of any building entrance or operable window;
(12) Where there is on-street parking and the newsrack would interfere with entering or exiting a vehicle; or
(13) Where the door of the newsrack would open beyond the face of the curb.
(B) Newsracks shall not be chained, bolted, or otherwise attached to any tree, sign, utility pole, device or any fixture located in the public right-of-way. The applicant shall be responsible for any damages to the public right-of-way or items lawfully within the public right-of-way caused by the placement, servicing or movement of newsracks.
(C) Each publication shall be permitted only one newsrack at any authorized location. For the purposes of this section,
LOCATION
shall mean all newsracks located within a radius of 500 feet.
(D) All newsracks shall comply with the handicap requirements of the Americans with Disabilities Act (ADA) and the regulations adopted thereunder, and all regulations adopted by the city pertaining to handicap accessibility.
(E) Whenever a legally permitted newsrack is temporarily displaced for construction by the city or a public utility or for installation of trees or other public improvements, the Zoning Administrator may allow temporary relocation to a nearby site meeting the requirements of this subchapter. The newsrack shall be returned to the permitted site or relocated to another permanent site immediately following completion of the project that required the temporary relocation.
(F) Within any area of the city identified as the CBD (Central Business District) on the official zoning map, publications shall only be permitted in newsracks provided by the city. As to the location of the CBD, information is available from the Zoning Administrator.
(Ord. O-3-04, passed 3-1-04) Penalty, see § 97.99