No person shall install, use or maintain any newsrack in violation of or contrary to any of the following:
(a) Where said newsrack projects onto, into or any portion of the street, or which rests, wholly or in part, upon, along, or over any portion of such a street;
(b) Where said newsrack in whole or in part rests upon, in, or over any sidewalk publicly owned and maintained by the city, if such installation, use, or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes, or other governmental use, or when such newsrack unreasonably interferes with, or impedes the flow of pedestrian or vehicular traffic, the ingress into or the egress from any residence, place of business, or any legally parked or stopped vehicles, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery;
(c) Any newsrack which in whole or in part rests upon, in or over any sidewalk publicly owned or maintained by the city shall comply with the following standards:
(1) No newsrack shall exceed fifty-four inches in height, thirty inches in width, or two feet in depth,
(2) Newsracks shall only be placed near a curb or adjacent to a 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 opposite a newsstand or another newsrack,
(3) Each newsrack shall have a stand or base giving the same stability, and allowing the permanent fixation of said newsrack on the sidewalk, and each such newsrack or combination of newsracks bolted together, as provided in the next subsection, shall be bolted or firmly fastened to the sidewalk in the manner and fashion approved by the director,
(4) Newsracks shall be placed as provided in subdivision (2) of this subsection, and side by side, in even parallel lines with eighteen inches open space being provided between each newsrack; provided, however, that newsracks may be attached one to the other, if no more than three newsracks are joined in this fashion, and a space of not less than eighteen inches separates each group of newsracks so joined together. In addition, no more than six newsracks, whether singly installed or joined together, may be installed and maintained at any one location, unless an open space is maintained between each such grouping of six newsracks equal to one hundred eight inches,
(5) No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack, except as previously provided;
(d) No newsrack shall weigh in excess of one hundred twenty-five pounds when empty;
(e) No newsrack shall be placed, installed, used or maintained:
(1) Within three feet of any marked crosswalk,
(2) Within fifteen feet of the curb return of any unmarked crosswalk,
(3) Within fifteen feet of any fire hydrant or other emergency facility,
(4) Within three feet of any driveway,
(5) Within three feet ahead of, and fifteen feet to the rear of any sign marking a designated bus stop,
(6) Within three feet of any bus bench,
(7) At any location whereby the clear space for the passage of pedestrians is reduced to less than six feet,
(8) Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window of any building abutting the sidewalk, or in such manner as to impede or interfere with the reasonable use of such window for display purposes,
(9) At any location where the newsrack causes, creates or constitutes a traffic hazard,
(10) Where the newsrack will endanger persons or property,
(11) Where the newsrack will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the street,
(12) At any location where the newsrack unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property;
(f) No such newsrack shall be used for any purpose other than dealing with the display, sale or purchase of the newspaper or periodical therein contained, and no advertising signs, advertising material, or publicity materials or signs shall be placed thereon, with the exception that the face or entrance to the newsrack may state the name of the newspaper or periodical on display or dispensed therefrom;
(g) Such newsrack shall be maintained in a clean and neat condition, and in good repair at all times;
(h) All newsracks placed or maintained on any sidewalk publicly owned and maintained by the city shall be installed and maintained in accordance with the foregoing and pursuant to inspection and approval by the director. Every person who places or maintains a newsrack on said public sidewalks shall have his name, address, telephone number affixed thereto in a place where such information may be easily seen.
(Ord. 789 § 4 (part), 1999)