(a) No person shall install or maintain any newsrack which projects onto, into or over any part the roadway of any public street, right-of-way, sidewalk, or which rests, in whole or in part, upon any portion of any street, or other right-of-way on which motor vehicles are lawfully permitted.
(b) No newsrack shall be chained, bolted or otherwise secured to another newsrack, fire hydrants, call boxes, sprinkler inlets, public signs, handrails, planters, benches, trees, light poles or attached to any fixture located in any public right-of-way, or sidewalk.
(c) Unlawful obstructions.
(1) No person shall install, use or maintain any newsrack:
a. Within five feet of any curb return of any unmarked crosswalk;
b. Within five feet of any marked crosswalk;
c. Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
d. Within five feet of any designated handicapped parking or handicapped access ramp;
e. Within five feet of any bus bench;
f. Within five feet ahead and 15 feet to the rear of any sign marking a designated bus stop. No newsrack will be installed within the marked bus zone;
g. In front of an entrance to a business, including the curb area directly across from such entrance where the distance between the entry door, including any recessed area in front of the entry door, and the newsrack is less than ten feet;
h. In any location used, marked or posted for public utility purpose, public transportation purpose or government use;
i. Within or in any location where such newsracks leaves less than five feet of clear space for pedestrian traffic or handicap accessibility;
j. Within two feet of poles, posts, traffic signs or signals, mailboxes or other objects legally permitted;
k. Within five feet of any area improved with lawn, flowers, shrubs, trees, street tree wells, landscape planters or other landscaping. No newsrack shall be located on any tree grate;
l. Within five feet of any driveway or driveway apron;
m. Within five feet of any outdoor dining areas or patio dining areas;
n. Within four feet of any display window of any window abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes;
o. Where placement blocks access to historic markers, benches, trashcans, bike racks, street furniture or other permanent improvements;
p. Where placement impedes the flow of pedestrian traffic by reducing area free of obstructions (the clear space) to less than six feet or, impeded access to or the use of abutting property, including but not limited to, residences and places of business;
q. Within 20 feet for both sides of visual public art work or architectural details of buildings, including, but not limited to, murals, sculptures and fountains;
r. Within four feet to the front and ten feet to the rear of any parking meter and where there are not parking meters on the curb, within 30 inches from any marked parallel parking space;
s. If the newsrack is placed near a curb, the newsrack shall be situated near the curb with the back of the newsrack situated not less than 18 inches from the edge of the curb; and
t. In order to provide for the flow of pedestrian traffic, placement of newsracks must provide for a ten-foot minimum passageway for a 20-foot or greater sidewalk; eight feet minimum passageway for sidewalks measuring between 16 and 20 feet in width; and a five feet minimum passageway in width for sidewalks that are less than 16 feet in width.
(2) Notwithstanding any other subsection of this subdivision, no person shall install, use or maintain any newsrack where placement endangers the safety of persons or property.
(Ord. 17529, § 1, passed 5-1-2007, eff. 9-1-2007)