(A) In addition to requirements set forth in §§120.03 through 120.05 of this code, all modular newsracks and newsracks located within the downtown business district and those other areas designated for revitalization and redevelopment pursuant to resolution of the City Commission shall comply with the regulations set forth in subsection (B) below.
(B) Downtown Business District, Hollywood Beach Redevelopment Area and other areas designated pursuant to § 120.03(C)(1) above.
(1) The purpose of this section is to promote the health, safety, aesthetics and welfare of the citizens, businesses and visitors of Hollywood, as well as support the revitalization and redevelopment of the Downtown Business District and Hollywood Beach Redevelopment Area by establishing specific regulations for the placement, size, appearance, and maintenance of modular newsracks in the Downtown Business District and Hollywood Beach Redevelopment Area.
(2) Requirements, duties, prohibitions and standards.
(a) General placement of modular newsracks. Modular newsracks shall be the only type of newsracks permitted in the Downtown Business District and Hollywood Beach Redevelopment Area and shall only be allowed at locations designated by resolution of the City Commission. Such resolution shall also establish the number of modular newsracks and newspaper vending dispensers within each modular newsrack(s) at each location. All modular newsrack owners shall submit applications to either the Downtown CRA Executive Director or the Hollywood Beach CRA Exective Director, and City Manager or his/her designee, for approval of their locations pursuant to the newsrack application procedures.
(b) Application procedure for permit.
1. Issuing authority. The issuing authority and coordinators shall be the Downtown CRA Executive Director, the Hollywood Beach CRA Exective Director, and the City Manager or his/her designee. The City Manager or his/her designee shall oversee the various departments for fairly coordinating and administering the physical placement of the modular newsracks and the newspaper vending dispensers contained within said modular newsrack, and upon compliance with the requirements set forth in this section, shall ensure that the requisite Owner's Permit is issued.
2. Applications. Upon receiving approval of its locations from either the Downtown CRA Executive Director or the Hollywood Beach CRA Executive Director, and City Manager or his/her designee, the modular newsrack owner(s) shall file with the Building Division, a written application for an Owner's Permit prior to any installation of a modular newsrack. The written application shall contain the following information:
a. The name, address and telephone number of the applicant, who is the owner and/or principal responsible for the modular newsrack(s) and the newspaper vending dispenser(s) contained within said modular newsrack(s).
b. The name, address and telephone number of a responsible person whom the city may notify or contact at an time concerning the modular newsrack(s) and the applicant's newspaper vending dispenser(s).
c. The applicant shall identify the location(s) and/or address(es) where the applicant's newsrack vending dispenser(s) will be located. Such information should be in sufficient detail so as to allow the City Manager or his/her designee to precisely locate the modular newsrack(s) and newsrack vending dispenser(s) to ensure that the intended location and installation of the modular newsrack(s) and newspaper vending dispensers) contained within the modular newsrack(s) satisfy the requirements set forth in this chapter.
d. Names of newspapers or periodicals to be distributed by the applicant at that location.
3. Issuance of Owner Permits. Upon a finding by the Chief Building Official or his/her designee that the applicant is in compliance with the provisions of this chapter, an Owner Permit shall be issued for the installation by the Modular Newsrack Owners or its contractor of all Modular Newsrack(s) and newspaper vending dispensers to be placed within said modular newsrack(s) listed on the Owner's Permit in accordance with the provisions of this chapter. The Owner's Permit may contain and be subject to conditions relative to location, installation standards and duration of time that the modular newsrack(s) and the newspaper vending dispenser(s) contained within said modular newsrack(s) may be permitted.
4. Additional Owner Permits. If at any time after the initial Owner Permit is issued, the Downtown CRA Executive Director or the Hollywood Beach CRA Executive Director, and the City Manager or his/her designee, approve additional locations for a modular newsrack owner, then the modular newsrack owner shall be required to obtain additional Owner Permits for installation of the modular newsrack(s) and newspaper vending dispenser(s) to be contained within said modular newsrack(s).
(c) Installation and maintenance. Modular newsracks shall be placed and maintained in accordance with the following criteria:
1. The exterior dimensions for newsracks, not less than two and more than six publications, shall be as follows: modular newsracks shall utilize rectangular pedestals with dimensions 8 inches x 6½ inches with a height of 19 inches shall have dimensions, excluding the pedestal and concrete pad, which shall have a height of 55 inches and a depth (measured from front to back) of 16 inches. Each newsrack vending dispenser contained in a modular newsrack shall have a width of 24 inches, as measured across the front of the newsrack vending dispenser. Each modular newsrack shall contain no more than six newsrack vending dispenser compartments. The width of each Modular newsrack shall not exceed 72½ inches, as measured across the front of the newsracks.
2. Modular newsracks shall be arranged so as to provide an overall square or rectangular shape to the entire modular newsrack.
3. Modular newsracks shall be permanently anchored and secured to the existing paved blocks or to a concrete pad in order to prevent the newsrack from becoming a hazard in severe weather. In either event, if the modular newsrack is removed for any reason, the modular newsrack owner(s) shall restore the public right-of-way to its original condition.
4. Modular newsrack(s) shall not be chained to anything, nor shall anything be chained to a modular newsrack.
5. Modular newsracks shall not be placed on a concrete pad in a manner to obstruct other modular newsracks on the same concrete pad nor may they extend beyond the concrete pad.
6. Each modular newsrack shall be maintained pursuant to the requirement set forth in §120.03 (C) (3) of this chapter. In the event that the modular newsracks and newspaper vending dispensers are not maintained properly, the city may remove those modular newsracks and newspaper vending dispensers within the modular newsrack.
(d) When initially installed, modular newsracks shall be brand new and have a powder coated finish.
(e) Color of modular newsracks.
1. The color of the modular newsrack(s) and newspaper vending dispenser(s) located within the Downtown Business District shall be "Hollywood Green" as identified by the City Design Review Board's paint color chart. The color of the modular newsrack(s) and newspaper vending dispenser(s) located within the Hollywood Beach Redevelopment Area shall be black.
2. The newspaper vending dispenser(s) may have a centered logo in white and the lettering of the logo shall exceed 2½ inches in height and shall be placed under the face window of the paper only.
(f) Specific prohibitions. There shall be established the following specific prohibitions:
1. No rack cards are permitted on the modular newsracks.
2. Modular newsracks shall carry no advertising except the name of the publication being distributed may appear on the side of the rack. The lettering may not exceed four inches in height.
3. Face plates can only include the cost of the paper, the type of coins the machine will accept and a statement that taxes are included.
(3) Enforcement procedures.
(a) Nonconforming racks. Within 60 days after the effective date of this ordinance, and at any time thereafter, any modular newsrack in violation of any provision of this chapter shall be subject to the procedures, remedy and due process under chapter 36 of this code.
(b) Abandonment.
1. In the event that a modular newsrack or any of the newsrack vending dispensers contained within the modular newsrack remains empty for period of 30 continuous days, the same shall be deemed abandoned and may be treated as being in violation of the provision of this chapter.
2. In the event the modular newsrack owner(s) desires to voluntarily abandon a modular newsrack location, said modular newsrack owner(s) shall notify the City Manager or his/her designee, completely remove the modular newsrack and all newspaper vending dispensers within the modular newsrack, and restore the public right-of-way to a safe and sound condition.
3. In the event that a the modular newsrack owner(s) does not voluntarily remove a modular newsrack which is determined to be abandoned based upon the above the City shall notes the modular newsrack owner(s), in writing, giving seven days to remove the identified modular newsrack. Should the Modular newsrack owner(s) not remove the modular newsrack within the seven day notice period provided the City shall remove the modular newsrack as well as the newspaper vending dispensers, and temporarily store the hardware. The modular newsrack owner(s) shall be responsible for paying the City its actual costs associated with the removal and storage of the modular newsrack and the newspaper vending dispensers prior to obtaining possession. Should the modular newsrack owner(s) not take possession of the modular newsrack and the newspaper vending dispensers within 90 days, the City shall consider the modular newsrack and the newspaper vending dispensers as surplus material and dispose of it appropriately.
(c) Unauthorized racks. Any newsrack which is not authorized pursuant to a resolution of the City Commission shall be removed by its owner within 24 hours from the date of receipt of the written notice by the city requesting such removal Failure to remove shall result in the City removing the newsrack and temporarily storing the hardware. The owner of the newsrack shall be responsible for paying the City its actual costs associated with the removal and storage of the newsrack prior to obtaining possession. Should the owner of the newsrack not take possession of the newsrack within 90 days the City shall consider the newsrack surplus material and dispose of it appropriately.
(4) Insurance and indemnification. Every modular newsrack owner shall comply with the requirements set forth in § 120.05 of this chapter.
(Ord. O-95-47, passed 9-20-95; Am. Ord. 0-99-20, passed 7-14-99; Am. Ord. O-2000-26, passed 6-21-00; Am. Ord. O-2001-10, passed 2-21-01; Am. Ord. O-2009-13, passed 6-3-09)