901.03 OBSTRUCTIONS.
(a) Definitions.
(1) "Street furnishings" shall include street furniture including but not limited to benches, tables, chairs, table umbrellas, planters, waste containers, news racks, mailboxes, and similar personal property used to vend a product or for aesthetic display.
(2) "Bench" A seat or seats located on public sidewalks, along any public way or right-of-way, for accommodation of persons awaiting transportation or other purposes. This definition includes benches that may or may not have advertising located anywhere on their exterior.
(3) "Modular news rack" A news rack which is designated with multiple separate enclosed compartments able to accommodate the display, sale or distribution of multiple distinct and separate newspapers, which exceeds the dimensions of an individual news rack.
(4) "News rack" Any type of self-service device for the vending or free distribution of newspapers, advertisements, or periodicals of any nature.
(5) "Newspaper” A publication of general circulation that is printed and distributed, either daily or weekly, which contains news, current events, features, advertising and/or information of interest to the general public, often distributed through the use of news racks.
(6) "Planter" A container for plants, trees, bushes or other vegetation.
(7) "Public right-of-way" All areas deeded to the public, or dedicated to the public by formal dedication or by operation of law, that are legally open to public use such as public streets, sidewalks, roadways, highways, alleys, parkways, parks as well as areas surrounding and immediately adjacent to public buildings.
(8) "Shelter" An enclosed or semi-enclosed structure, with or without seats, located on any public right-of-way for the accommodation of persons awaiting transportation or for other purposes.
(9) "Vending machine" Any machine that dispenses a product to the general public including, but not limited to soft drink machines, cigar or cigarette vending machines, food vending machines, coffee vending machines, and live bait vending machines, but excluding news rack vending machines.
(b) Obstruction on or in the Public Right-of-Way Prohibited.
(1) No obstruction shall be allowed on or in a public right-of-way including public sidewalks or streets, unless otherwise provided herein or elsewhere in the Codified Ordinances of the City of Hamilton. Prohibited items include, but are not limited to, items such as: shelters, benches and vending machines.
(2) Non-compliance. The Director of Public Works or his/her designee shall inform the offending entity in writing, at its last known business and/or home address, that it has ten (10) days from the date of the notice to remove the obstruction from the right-of-way or public property. If the obstruction is not removed within ten (10) days, the City shall have the right to remove the obstruction at the violator's cost. The reasonable cost associated with removing the obstruction, including any costs paid to a contractor, shall be passed along to the violator in addition to a two hundred dollars ($200.00) administrative fee. Reasonable costs shall include, but not be limited to the time of personnel involved, cost of fuel, cost of machinery, and the size, nature or character of the lot or parcel of land, as well as any and all other expenses for the performance of such labor and services provided, including an administrative fee of two hundred dollars ($200.00).
A. Repeat Violators. For the second or continued violations of the same general character, on property whereby the owner(s) or occupant(s) received notice under subsection (d) hereof, occurring not sooner than fourteen (14) days and not later than two (2) years after the previous violation, the written notice contained in subsection (b)(2) hereof may be omitted and a violation notice, specifying that the violation shall be corrected within seventy-two (72) hours of receipt of said violation notice, shall be personally served upon the offending entity or posted on the premises if the owner(s) or occupant(s) cannot with reasonable diligence be located. If the violation is not corrected by the specified compliance date by the owner, occupant or other person or entity under subsection b hereof, the City shall cause such removal to be undertaken at the expense of the offending party, and may employ the necessary reasonable costs as outlined in subsection (b)(2).
(3) Exceptions. The following exceptions shall be allowed, subject to the condition that the item(s) placed on or in a right-of-way or public property do not create safety hazards by blocking reasonable access to or passage through a right-of-way, or egress and ingress to an adjoining entranceway, or by obstructing vehicular traffic sight lines or distances:
A. Sandwich board advertising abutting a licensed business, if permitted by the City of Hamilton Zoning Code.
B. Planters or landscaping features/items.
C. Set out of trash, rubbish, garbage and recyclables as permitted elsewhere in these Codified Ordinances.
D. Any property placed in the right-of-way by a governmental or quasi- governmental agency or body, including but not limited to traffic control and directional signs and devices, fire hydrants, emergency call boxes, United States Postal Service mail receptacles or boxes, telephones, electrical and light poles, benches and identifying signs as required or permitted by law.
E. Temporary scaffolding or other materials related to exterior building renovation and/or construction, subject to the conditions set forth in these Codified Ordinances.
F. Any obstruction otherwise allowed by the Codified Ordinances of the City of Hamilton, Ohio.
(c) News Racks. News racks may be placed in the public rights-of-way, subject to the following conditions and/or restrictions.
(1) It shall be unlawful for any owner to place, affix, erect, construct or maintain a news rack upon any public sidewalk or public right-of-way without first having obtained written permission for the placement and location from the City's Director of Public Works or his/her designee, in accordance with the provisions of this Section.
A. An applicant shall submit a written request for placement of a news rack to the City's Director of Public Works with the following information:
1. The name, address, telephone number, and email address of the person/entity responsible for the news rack;
2. The name, address, telephone number, and email address of the person who the City's Director of Public Works should notify or contact at any time concerning the permittee's news rack;
3. The number, location, position, and installation method of a news rack shown on a reasonably scaled map/drawing or aerial photograph;
4. Names of publications to be contained in each news rack, frequency of distribution, and restocking schedule; and
5. A description and dimension of the news rack.
B. The City Director of Public Works or his designee shall issue a written decision to an applicant within thirty (30) days of the submission of a written request containing the required information indicated in subsection (c)(1)A.
C. Any denial or decision regarding an applicant's proposed placement of a newsrack in the right-of-way may be appealed to the Office of the City Manager within thirty (30) days of the denial or decision. The decision of the City Manager shall be final.
(2) News racks shall have the following dimensions:
A. The height shall not exceed sixty-two (62) inches;
B. The width, measured at the widest point shall not exceed thirty (30) inches;
C. The depth, measured at the widest point, shall not exceed twenty- four (24) inches.
(3) News racks may not be bolted or permanently affixed to any public sidewalk or improved right-of-way unless such installation is approved by the City Director of Public Works or his/her designee. If approved, installation will be in a manner that conforms with the requirements herein, and to ensure minimum damage to the right-of-way infrastructure.
(4) News racks which are not bolted or permanently attached to any public sidewalk or public right-of-way shall be secured by a weighted base or pedestal to prevent the newsracks from being tipped over, upset by the elements or by contact from pedestrians.
(5) News racks shall not be chained or otherwise attached to any tree, bench, signpost, electric or other utility pole or any other fixture.
(6) Each news rack shall be regularly maintained by its owner in a reasonably clean, neat and attractive condition, and be in good repair at all times to that:
A. It is kept free from graffiti; and
B. It is kept free of chipped, faded, peeling, or cracked paint in the visibly painted areas thereof; and
C. It is kept free of rust and corrosion in the visible unpainted metal areas thereof; and
D. The clear glass or plastic parts thereof, if any, through which the printed material being dispensed are not broken and are kept free of tears, peeling, fading and clouding, cracks, dents and discoloration;
E. The structural parts are not broken or unduly misshapen.
F. If a news rack is equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he/she is unable to receive the publication paid for, the coin return mechanism shall be maintained in good working order.
(7) In the event that an owner shall completely remove the news rack and any mounting attachment, the owner shall be required to restore the location to a safe condition, leaving no defect or projection in the pavement.
(8) Any news rack that is abandoned or that fails to comply with any of the requirements set forth herein, may be removed by the City after providing a ten-day (10) notice to the owner that the news rack has been deemed abandoned or is not in compliance. A news rack will be considered abandoned when any news rack does not contain the newspaper specified therein for more than seven consecutive days for a daily publication, or fourteen (14) consecutive days for a weekly publication or any other magazine or informational material.
(9) News racks shall be placed in locations that do not obstruct or interfere with ingress to or egress from abutting properties and which do not impede or endanger pedestrians or vehicular traffic.
(10) News racks shall not be placed:
A. Upon a public sidewalk or public right-of-way in a manner that blocks ingress or egress to a building, or a readily identifiable or marked loading zone, or a handicapped parking space, or within 150 feet of another news rack; or
B. Within fifteen (15) feet of a fire hydrant; or
C. Within two (2) feet of a parking meter, mailbox, bench, light post, planter or tree grate; or
D. On any portion of a tree grate, manhole cover, meter and/or valve box cover, or cover for underground utilities; or
E. At any location whereby the clear space on the public sidewalks for passageway of pedestrians is reduced to less than four (4) feet; or
F. In such a manner as to obstruct the sight lines at street intersections that creates safety hazards for pedestrians and vehicle occupants; or
G. In such a manner where the door of the news rack opens beyond the edge of a street curb.
(11) As a condition to receiving the written permission, the news rack permittee shall provide a Certificate of Insurance naming the City of Hamilton, Ohio as an additional insured in an amount not less than one million dollars ($1,000,000) sufficient to indemnify the City of Hamilton, and further shall release and indemnify, defend and save harmless the City of Hamilton, Ohio, its officers, elected officials, agents, and employees from and against any and all claims, actions, demands, judgment costs, expenses, and damages of every kind and nature incurred by or incurring to any person whatsoever predicated upon injury or death of any person, or loss of or damage to property, public or private, or whatever ownership, or damages to business, provided such injury, death, or loss or damage shall arise out of or be connected directly or indirectly to the exercise of any right or privilege granted by any written permission issued under this Section.
(Ord. 2022-4-30. Passed 4-27-22.)