(a) Every newsrack shall be maintained in a neat and clean condition and be in good repair at all times. Upon the removal of any newsrack, the applicant shall be responsible for the repair of any resulting condition. Such work will be done to the specification and prior approval of the department of code compliance.
(b) Each newsrack which rests, pursuant to the standards set forth in this division, in whole or in part on any public sidewalk, parkway or right-of-way shall comply with the following standards.
(1) No newsrack shall exceed five feet in height, 30 inches in width, or two feet in thickness.
(2) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the periodical sold.
(3) Unless offering free publications, each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the paid for publication. The coin-return shall be maintained in good working order.
(4) Each newsrack shall weigh a minimum of 75 pounds.
(5) Each newsrack shall be maintained by its distributor and/or the permit holder, in good appearance, in working order with no broken or unduly misshapen structural parts and shall be reasonably free of:
a. Dirt and grease;
b. Chipped, faded, peeling and cracked paint in the visible painted areas;
c. Rust and corrosion in the visible unpainted metal areas; or
d. Unbroken, cracked, dented, blemished or discolored plastic or glass.
(c) The newsrack permittee shall maintain all newsracks and the sidewalk surface immediately under and adjacent (within two feet) to the newsracks in a safe, clean, attractive and sanitary condition and in good order and repair, as determined by the department. The permittee shall make routine inspection and maintenance calls on each newsrack and such inspections and maintenance calls may be incorporated with delivery of newspapers or other publications. The permittee shall clean, wash and remove all graffiti, stickers, posters, litter, dust, dirt and weeds at each newsrack. The newsrack shall be maintained in a continual good and working condition. Permittee shall respond to a request to secure a site or to perform maintenance within 24 hours of notification.
(d) Repair and replacement. The permittee shall commence necessary repairs within one week when any damage or vandalism is found by or reported to the city. If the newsrack damage or vandalism is of an emergency or hazardous nature, the permittee will repair, replace, remove or secure the site within 24 hours of notification. If the newsrack is totally destroyed because of an accident, the permittee will remove the newsrack and appurtenant structures within 24 hours, including repair of any damage to the public right-of-way, returning the site to its former condition prior to the newsrack installation. Permittee will upon notification by the city, or upon inspection, remove graffiti within 24 hours from any newsrack.
(Ord. 17529, § 1, passed 5-1-2007, eff. 9-1-2007)