(A) In recognition of the designation of the Central Business Districts within the city as local historic districts, and that all property within these historic districts are subject to design review, newsracks within these areas shall only be city owned and maintained newsracks. In other areas, permit holders shall be permitted to use their own newsracks, provided they meet all of the requirements of this subchapter.
(B) All newsracks shall be installed in a safe and secure manner by weighting of the newsrack or bolting the newsrack to an independent concrete base. Under no circumstances may they be attached to any public right-of-way or any public improvement or device placed in the public right-of-way.
(C) The newsrack window may display the current edition of the publication. The publication's name may be displayed in lettering of any color in the location and sizes set forth below:
(1) On the front of the newsrack, the lettering size shall not exceed one and three-quarters inches in height. The lettering shall be placed within a band space not exceeding two and one-half inches in height above the door hinge; and
(2) On the sides and back of the newsrack, the lettering size shall not exceed two and one-half inches in height. The lettering shall be placed within a band space not exceeding four and one-half inches in height and beginning one inch from the top of the newsrack.
(D) Publications shall be restocked when depleted, and all superceded publications shall be removed and replaced with the current edition. Each newsrack shall be serviced and maintained so that:
(1) It is free of dirt and grease;
(2) It is free of chipped, faded, peeling and cracked paint in the visible painted areas;
(3) It is free of rust and corrosion;
(4) The clear plastic or glass parts thereof, if any, through which the publications are viewed, are unbroken and free of cracks, dents, blemishes and discoloration;
(5) Any paper or cardboard parts or inserts thereof are free of tears, peeling or fading;
(6) It is free from graffiti, paint or other markings. If the graffiti, paint or other markings cannot be removed or painted over, the newsrack shall be replaced;
(7) It is free from miscellaneous debris and trash. To that end, newsracks shall be inspected by the permit holder no less often than once per week and all miscellaneous debris and trash removed therefrom; and
(8) No structural parts are defective.
(E) No newsrack shall be used for advertising signs or publicity purposes other than identification of the publication sold or distributed therein.
(F) Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the permit holder, and the telephone number to call to report a malfunction, to secure a refund, or to give the notices provided for in this subchapter. The notice must be of sufficient size and durability to be legible at all times. Failure to maintain this information on the newsrack shall be considered a violation of this subchapter.
(Ord. O-3-04, passed 3-1-04) Penalty, see § 97.99