(A) Unless authorized by this chapter, no privately owned structure, sign or vending machine shall be located within a public right of way.
(B) Newspaper vending machines.
(1) Notification to city. No newspaper vending machine may be placed or maintained in a public right-of-way without the approval of the City Manager or his or her designee, in writing, of the location of the vending machine.
(2) Requests for newspaper vending machine placement shall be made to the City Manager or his or her designee in writing by the publisher.
(3) Placement conditions. When considering a request, the City Manager or his or her designee shall take into consideration the following:
(a) Distance from roadway. A newspaper vending machine may be placed no nearer than four feet from the roadway curb or the edge of the roadway where no curb exists and shall not obstruct a pathway.
(b) Maximum size. The maximum size of a newspaper vending machine shall be four feet high, two feet long and two feet deep.
(c) Number of machines. No more than one newspaper vending machine per newspaper publisher may be placed within 800 feet of any other newspaper vending machine of that same newspaper publisher.
(d) Attachment to public facility prohibited. No newspaper vending machine may be attached to a public facility such as a utility pole, roadway sign or fireplug.
(e) Color and identification. A newspaper vending machine shall be of a single color except for lettering on the machine which shall not exceed four inches in height. Such lettering shall identify the newspaper only and shall not be an advertising sign.
(f) Removal. At the request of the City Manager, a newspaper vending machine shall be removed in order to permit right-of-way improvements or maintenance, if its location is a safety hazard or if the vending machine significantly interferes with pedestrian or vehicular traffic on the right-of-way.
(g) Residential areas. No newspaper vending machine may be placed in a public right-of- way adjacent to a property zoned residential and containing four residential units or less.
(4) Abatement of non-conforming newspaper vending machines. Newspaper vending machines deemed by the city to be non-conforming to the considerations of this subchapter shall be removed by the publisher upon request of the city. If after 30 days the city's request to remove has not been fully acted upon by the publisher, the city may remove it and notify the publisher in writing that it may be picked up.
(C) Dumpsters, roll-Offs or similar waste receptacles. No dumpster, roll-off, tub, moving containers such as PODs, or similar receptacle intended to contain waste, construction debris, and the like, may be placed or permitted to stand on any public right-of-way without a permit from the city, pursuant to Chapter 110. Clean up of the placement site and or any damage to public right-of-way shall be the responsibility of the contractor. All receptacles must have a two-inch wide reflective band three feet up from the bottom of receptacle on all four sides (or approved equal). The contractor shall make all necessary efforts to assure the material integrity of streets, alleys and public rights-of-way. This may include the placement of boards or similar product to prevent damage. The city reserves the right to limit placement and or the number of days allowed.
(D) Rain gardens. Rain gardens shall be allowed in the right-of-way to the extent that they are allowed by and comply with the provisions of § 154.010.
(Ord. 754, passed 9-6-2016
; Am. Ord. 780, passed 4-2-19)