(A) Certificate of Compliance. No person shall place, affix, erect, construct or maintain a newsrack on or within the public right-of-way without first obtaining a one-time only Certificate of Compliance for each newsrack in accordance with the provisions of this chapter.
(1) Issuing authority. The issuing authority and coordinator of this chapter shall be the City Engineer or his/her designee. The City Engineer or his/her designee shall oversee the various departments responsible for fairly coordinating and administering the physical placement of
newsracks of the type and location herein specified, and upon compliance with the criteria set forth herein, the City Engineer or his/her designee shall be responsible for the issuance of the Certificate of Compliance.
(2) Applications. The applicant shall file with the City Engineer or his/her designee a written application for the installation of a newsrack(s) at each location which shall contain the following information:
(a) The name, address and telephone number of the applicant, who is the owner and/or principal responsible and in charge of the newsrack(s).
(b) The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsrack(s).
(c) The applicant shall identify the location(s) and/or address(es) where the applicant's newsrack compartment(s) will be located. Such information should be in sufficient detail so as to allow the city to precisely locate the newsrack so as to ensure that the intended location of the newsrack containing those newsrack compartments satisfies the criteria and safety standards set forth in this chapter.
(d) Names of newspapers or periodicals to be distributed by the applicant at that location.
(3) Issuance of Certificate of Compliance. Upon a finding by the City Engineer or his/her designee that the applicant is in compliance with the provisions of this chapter, a Certificate of Compliance shall be issued for installation by the newspaper distributor in accordance with the application and provisions of this chapter no later than seven days after receipt of said application. The Certificate of Compliance may contain and be subject to conditions relative to location and duration of time that the newsrack may be permitted.
(4) Denial of Certificate of Compliance. If a Certificate of Compliance for a newsrack location(s) applied for shall be denied, the applicant will be notified of the specific cause of such denial. The notice of denial will suggest alternative location(s). The applicant may reapply for substitute alternative location(s) at no additional Certificate of Compliance fee. For purposes of this chapter, a denial shall be based upon a determination by the City Engineer or his/her designee, that the application has failed to comply with either the standards, criteria and/or requirements of this chapter.
(5) Additional newsrack Certificate(s) of Compliance. If any time after initial application for a Certificate of Compliance, a publisher or distributor wishes to install additional newsracks, then the above application procedures are to be repeated in accordance with provisions of this chapter. Fees for additional compliances shall be in accordance with the resolution establishing such fees.
(6) Fees. All fees including an application fee and reinspection fees shall be established by resolution of the City Commission.
(7) Appeals. Any applicant who has been denied a Certificate of Compliance pursuant to the provisions of this chapter may file an appeal with the city's Special Magistrate by requesting in writing to the City Manager or his/her designee an appearance before the Special Magistrate to review such denial. The appeal shall be heard by the Special Magistrate within 30 days of the filing of the appeal or the next regularly scheduled Special Magistrate's hearing, whichever is sooner. The decision of the Special Magistrate on appeal is subject to judicial review as provided by Florida Statutes.
(B) General placement of newsracks. Subject to the prohibitions set forth in § 120.03(D) below, in areas where sidewalks abut the curb, newsracks shall be placed parallel to and no less than 18 inches nor more than 24 inches from the edge of the traveled Roadway or paved parking lane. If the city determines that such placement is not suitable, the Newsrack may be placed on the part of the Sidewalk furthest from the roadway. Newsracks so placed must be parallel to and not more than six inches from the wall of the building or back of sidewalk. In areas where there is a grassed swale, newsracks shall be placed on the swale six inches from the front of the sidewalk. If such swale is less than five feet in width, the newsrack may be placed on the edge of the sidewalk furthest from the street, if the conditions of § 120.03(D) can be met.
(C) Installation and maintenance. Newsracks shall be placed and maintained in accordance with the following criteria:
(1) Freestanding newsracks shall be permitted to be located within the city except in areas which require modular newsracks. The criteria for freestanding newsracks shall be of a rectangular type both vertically and horizontally with external dimensions of not more than 49 inches in height inclusive of the coin box, 21 inches in width and 21 inches in depth. A coin box may be affixed to the top of the rack that has external dimensions that do not exceed 13 inches in height, nine inches in width, and nine inches in depth. Alternatively, the newsrack may be of a pedestal type that has external dimensions that do not exceed 20 inches in height, 24 inches in width and 21 inches in depth on a pedestal of not more than 28 inches in height. Pedestal mounted newsracks shall be designed to comply with Section 4.4 of the Americans With Disabilities Act, Accessibility Guidelines for Buildings and Facilities. Newsracks will be of substantial construction designed to withstand the stresses associated with the sale and dispensing of the media using the newsrack and the environmental exposures experienced in South Florida. There shall be no more than six freestanding or pedestal newsracks at any one location. Multiple freestanding or pedestal newsracks must abut each other, and between each bank of six newsracks there shall be a separation of no less than 150 feet except where separated by a street corner.
In addition to modular newsracks being required in the Downtown Business District and Hollywood Beach Redevelopment Area pursuant to § 120.06, modular newsracks shall be required in the following locations within the city:
(a) City Hall, 2600 Hollywood Boulevard;
(b) Broward County Courthouse South Satellite, 3550 Hollywood Boulevard; and
(c) Other areas to be designated by resolution, which have been the subject of extensive revitalization and redevelopment efforts by the city.
The city will provide reasonable prior notice to those distributors who have obtained Certificates of Compliance in those areas which are to be considered for designation by resolution to require modular newsracks. Modular newsracks shall conform with the following criteria: The exterior dimensions for newsracks, not less than two nor more than six publications, shall be as follows: Each modular newsrack shall utilize rectangular pedestal(s) with dimensions 8"x 6½" with a height of 19". Each modular newsrack shall have dimensions, inclusive of the pedestal and any slab, as follows: the height shall be 55" inclusive of the pedestal and the depth which is measured from front to back shall be 16". Each newsrack compartment in a newsrack shall have a width of 24 1/8" as measured across the front of the newsrack compartment. Each newsrack shall contain no more than six newsrack compartments. The width of each newsrack shall not exceed 72½" as measured across the front of the newsracks. The newsrack shall be of a "K" style, "TK" style, or free style. Pedestal mounted newsracks shall be designed to comply with §4.4 of the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities. No modular newsrack shall be placed within 150 feet of any other modular newsrack in the above designated areas.
(a) Newsracks shall have gloss pedestals, gloss sides and door, and a gloss coin box, coated per standard specifications. The color of all newsracks being installed pursuant to this chapter shall be Pantone - Dark Aqua 3165 as identified by the city's Design Review Board's paint color chart.
(b) Newsracks may have a color band of a different color which shall have a height of five inches. Distributors may place lettering within the color band not to exceed three inches in height on the front, side, and back of each newsrack provided such lettering is either in black or white.
(c) Newsracks for free newspapers may omit the coin box and may have the pull bar welded to the door to produce an "Honor Rack".
(2) Newsracks shall carry no advertising, except:
(a) The name of the publication being distributed; and
(b) Cardholders kept in neat and untorn condition describing the publication being distributed.
(3) Each newsrack shall be maintained in a neat, clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
(a) It is reasonably free of graffiti;
(b) It is reasonably free of dirt and grease;
(c) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
(d) It is reasonably free of rust and corrosion in the visible metal areas thereon;
(e) The clear plastic or glass parts thereon, if any, through which the publications are viewed are unbroken and reasonably free of cracks, dents, blemishes and discolorations;
(f) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and
(g) The structural parts are not broken or unduly misshapen.
(h) The surrounding area upon which the newsrack is placed will also be maintained in a neat and orderly condition.
(i) Newsracks shall be freshly painted with unbroken hoods.
(4) Name, address and telephone number of a responsible person who may be contacted at any time concerning the newsrack shall be displayed on the hood of the newsrack in such a manner as to be readily visible and readable to a prospective customer.
(D) Prohibitions. There shall be established general and specific prohibitions which include the following:
(1) General. The general prohibitions common to all business as set forth in City's Code of Ordinances shall be applicable.
(2) Specific. No newsrack shall be placed, installed, used or maintained:
(a) Within ten feet of any marked crosswalk.
(b) Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
(c) Within the ten feet site visibility triangle of a private driveway as measured from the intersection of a public roadway and the edge of the private driveway.
(d) Within five feet ahead of, and 15 feet of the rear of, any sign marking a designated bus stop, measured along the edge of pavement.
(e) Within two feet of any bus bench, plaza bench, or bus shelter.
(f) At any location that does not provide a clear width of continuous passage (not including curbing) of at least 36 inches in accordance with the Americans With Disabilities Act, except on the Broadwalk where 44 inches shall be required.
(g) In residential areas, where a vertical surface of the newsrack is on or within 12 inches of any area, other than a swale, improved with lawn, hedges, flowers, or trees.
(h) In nonresidential areas, where a vertical surface of the newsrack is on or within six inches of any area, other than a swale, improved with lawn, hedges, flowers, or trees.
(i) No newsracks will be placed in the median of a divided street.
(j) Within three feet of any display window of any building abutting the sidewalk or swale or in such a manner as to impede or interfere with the reasonable use of such window for display purposes, or within five feet of a building entrance.
(k) Within 150 feet of another newsrack containing the same newspaper or news periodical except where separated by a street corner. Where warranted by the quantity of newspaper sales, the City Manager or his/her designee may allow a double newsrack not more than 33 inches wide and otherwise complying with the requirements of § 120.03(C)(1). There shall be no more than two double newsracks per location.
(l) On or within two feet of signs, traffic related signs, parking meters, street lights or utility poles.
(m) Within 25 feet from the unsignalized intersection of public or private streets or within 15 from signalized intersections of public or private streets. A signalized intersection shall be defined as an intersection where traffic is controlled by either a stop sign or traffic light.
(n) Within a median, which is defined as a landscaped or paved island in the center of the public right-of-way.
(o) Facing another newsrack, divided by the width of a pedestrian walk, sidewalk or bikepath.
(p) Within a location where there is no adjacent sidewalk and where there is no appropriate parking within improved, paved right-of-way.
In any situation where more than one standard applies, the more restrictive standard shall govern.
Where a newsrack is located in a residential area, if a publisher receives a request from an owner of property within 150 feet of the newsrack, such newsrack shall be removed and relocated.
(E) Newsrack securing standards. Any newsrack being installed, placed, and maintained on a public right-of-way, street, or sidewalk shall comply with the following securing standards:
(1) Newsracks may be mounted to an existing concrete sidewalk subject to the City Engineer's approval and in compliance with Chapters 104, 120 and 155 of the city's Code of Ordinances.
(2) The newsrack will be installed in a safe and secure manner so as to prevent the newsrack from being stolen or becoming a hazard in severe weather. This can be accomplished by either weighting of the newsrack or bolting the newsrack to an independent concrete base. The total weight of the newsrack and any weighting device shall not be less than 125 pounds.
(3) Newsracks shall not be chained to any tree, traffic control device, sign, bench, bus shelter or pole.
(4) Any newsrack foundation(s) manufactured as a prefabricated reinforced concrete slab shall have a minimum of 3½" thickness, a minimum 28 day compressive strength of 2500 pounds per square inch (p.s.i.) and meet the wind load requirements of the Florida Building Code in effect in Broward County, Florida, as revised from time to time.
(5) Any newsrack foundation(s) cast-in-place concrete slab shall have a minimum 4" thickness, a minimum 28 day compressive strength of 3000 pounds per square inch (p.s.i.) and meet the wind load requirements of the Florida Building Code in effect in Broward County, Florida, as revised from time to time.
(6) Regardless of the weight of the newsrack, in the event of the issuance of a hurricane warning by any entity with jurisdiction to issue such a warning, the newsrack shall be removed or laid down with its smallest dimension perpendicular to the ground.
(Ord. O-95-47, passed 9-20-95; Am. Ord. O-2000-26, passed 6-21-00; Am. Ord. O-2001-10, passed 2-21-01; Am. Ord. O-2005-02, passed 3-2-05)