Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards:
A. No newsrack shall exceed four feet in height, or two feet in thickness.
B. Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.
C. Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, provided that no group of newsracks shall extend more than eight lineal feet along a curb or wall and a space of no less than eighteen inches shall separate each group of three newsracks so attached.
D. No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack, or to any permanently fixed object.
E. No newsrack or group of attached newsracks allowed under subsection C of this section shall weigh, in the aggregate, in excess of one hundred twenty-five pounds when empty.
F. Notwithstanding the provisions of this section, no newsrack shall be placed, installed, used or maintained:
1. Within five feet of any marked crosswalk;
2. Within fifteen feet of the curb return of any unmarked crosswalk;
3. Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
4. Within five feet of any driveway;
5. Within five feet ahead of, or twenty-five feet to the rear of any sign marking a designated bus stop;
6. Within five feet of any bus bench;
7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet;
8. Within three feet of any area improved with lawns, flowers, shrubs or trees or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes;
9. Within one hundred feet of any other such newsrack on the same side of the street within the same block containing the same edition of the same publication.
G. Notwithstanding the provisions of this section, if the Development Services Director, or his/her designee, finds that the location of a newsrack, in accordance with the standards set forth herein, will create or allow a condition prohibited by this section, or will otherwise endanger the public peace, health, safety or welfare, or be contrary to the purposes and intent of this chapter, he or she may prohibit the location of such newsrack in accordance with such standards and/or may allow the location of such a newsrack in a manner deviating from, or at variance with the standards provided herein, subject to such terms, conditions and regulations as he/she deems necessary to protect the public peace, health, safety or welfare, and to carry out the purposes and intent of this chapter.
Such finding may be made by the Development Services Director, or his/her designee, at any time. If such finding is made prior to the issuance of a permit, the finding of the Development Services Director, or his/her designee, shall be made a part of the permit at the time of issuance. If the finding is made subsequent to the issuance of a permit, written notice of the finding of the Development Services Director, or his/her designee, shall be given to the owner of said newsrack with the direction that there shall be compliance with the finding of the Development Services Director, or his/her designee, within ten days from the date of mailing the notice. Failure of the owner to comply with said notice in the time specified shall result in removal of the newsrack pursuant to section 7.38.130. (Ord. 2919 § 1 (part), 1997).