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Any person owning or maintaining a newsrack on a city street shall maintain liability insurance with an insurer insuring against all liability that the owner or maintainer of the newsrack may incur by virtue of the placement, care, use, operation and existence of the newsrack. Such insurance shall have a limit of no less than two hundred fifty thousand dollars ($250,000.00) for each occurrence or, if the provisions of the Utah governmental immunity act are modified, such other limit as may be required by the city attorney to protect the city from liability. This insurance shall name the city as an additional insured and evidence of such insurance shall be submitted with the original application and each renewal.
(Ord. 2012-41, 7-10-2012)
A. There shall be no more than sixteen (16) single box newsracks on a square block and no more than six (6) single box newsracks on any block face. One multibox newsrack may stand in the place of three (3) single box newsracks, except that there shall be no more than one multibox newsrack on any block face.
B. Each newsrack group shall be separated from another newsrack or newsrack group by a distance of not less than two hundred feet (200') and each single box newsrack within a newsrack group shall be separated by not more than two feet (2') from the nearest other single box newsrack in the group.
C. A newsrack group located within thirty feet (30') of an intersection or street corner, measured from the back of curb, shall be deducted from the total number of newsracks and publication types allowed on both block faces.
D. No more than four (4) newsracks on any block may dispense the same publication. No more than two (2) newsracks on any block face shall dispense the same publication.
E. If the design of any special improvement district or redevelopment district requires a different grouping pattern on any block face, the grouping on that block face shall be as required by the district design.
(Ord. 2012-41, 7-10-2012)
Newsracks shall be located only in the area no closer than two and a half feet (21/2') from the back of curb and no further than five feet (5') from the back of curb; except that with the written permission of the abutting property owner a newsrack or newsrack group may be located on the inside of the sidewalk next to a building. No newsrack shall be connected to or located adjacent to any mailbox, post, pole, bench, bus shelter, bike rack, kiosk, sign, water feature, art, or monument, or next to or connected to or within any raised planter, unless the original design of such items specifically provides for newsracks in an integrated design feature. No newsrack shall be located in a manner which:
A. Impedes or interferes with the reasonable use of a crosswalk;
B. Impedes or interferes with the reasonable use of any kiosk, bench, trash receptacle, drinking fountain, bicycle rack, driveway, alley or bus shelter;
C. Interferes with the reasonable use of any fire hydrant, traffic signal box, fire call box, police call box, or other emergency facility;
D. Impairs or interferes with pedestrian traffic;
E. Interferes with or impairs the vision of operators of vehicles at street intersections or interferes with or impairs any aspect of any sight triangle field of vision as outlined under section 7-3-2 of this title;
F. Reduces the clear, unimpeded sidewalk width to:
1. Seven feet (7') or less on sidewalks over twelve feet (12') in width, or
2. Less than four feet (4') on sidewalks less than twelve feet (12') in width.
In determining an unimpeded sidewalk, features such as fountains, fire hydrants, or similar structures shall be considered.
(Ord. 2012-41, 7-10-2012)
A. Newsracks may be moved from one permitted location to another permitted location, as long as the provisions of this chapter can be met.
B. Additional newsracks may be installed by a permittee during the year of any permit or certification as long as the additional newsracks comply with this chapter. If any newsracks are added after the annual permit or certification filing, the permittee shall pay the full year's fee for such added locations at the time of installation, regardless of proximity of installation date to any future filing deadline.
(Ord. 2012-41, 7-10-2012)
The approval of any location for use as a newsrack shall not be interpreted as granting the user or permittee any right or interest to or in the property owned by the city. The rights granted by this chapter are merely a license to use the property for permitted purposes, subject to the provisions of this chapter.
(Ord. 2012-41, 7-10-2012)
A. Newsracks shall be anchored to the ground or sidewalk at their site by means of bolts attached in the sidewalk or, if in a park strip, anchored to a cement pad in a manner approved by the city traffic engineer. Newsracks may not be anchored to trees, posts or poles with chains, rope, cable or any other tie in or binding agent.
B. The permittee shall be responsible for any damage or repairs to the newsracks or to anything the newsrack is anchored to that is:
1. Caused or necessitated by the removal of any newsrack that is not in compliance with this chapter; or
2. Results from the installation of any newsrack under permit; and
3. Which damages any aspect of the site, where repair is required to bring the site back to its original condition.
C. Upon removal of a newsrack the bolt system shall also be removed and the concrete repaired so there is a flush surface with the existing sidewalk and no visible sign of the bolts or, if in a park strip, so that the park strip is returned to the same condition as the park strip on both sides of the removed newsrack.
(Ord. 2012-41, 7-10-2012)
All permitted newsracks shall comply with the following design standards:
A. Height: As measured from the surface of the ground or sidewalk to the highest point of the newsrack, no newsrack shall exceed:
1. A height of fifty four inches (54") for all single box newsracks; or
2. A height of sixty eight inches (68") for all multibox units.
B. Depth: No single box or multibox newsrack shall exceed a depth of twenty four inches (24").
C. Width: No newsrack shall exceed:
1. A width of twenty four inches (24") for all single box newsracks; or
2. A width of seventy two inches (72") for all multibox newsracks.
D. Color: Newsracks shall be flat black, brown or almond, or the designated fixture color as part of any special improvement district or redevelopment district with an overall street design theme which specifies particular colors. In the event that the design of a district requires that newsracks be enclosed within particular materials or colors, any permittee with newsracks within such district shall be notified of the pending requirements and shall comply with them.
E. Advertising:
1. Newsracks shall carry no advertising on the exterior of the newsrack except a logo or other information identifying the newspaper or periodical. This information may be displayed on the newsrack on the upper two-thirds (2/3) of the sides with the wording limited to a height of six inches (6") and width of thirteen inches (13"). This information may also appear on the bottom one-third (1/3) of the front of the box with the wording limited to a height of three inches (3") and width of twenty inches (20").
2. The logo or other information identifying the newspaper or periodical shall be alphanumeric in nature. Trademarked commercial symbols and/or drawings identifying the newspaper or periodical may also be used.
3. A temporary promotional vinyl applique may be placed on up to seventy percent (70%) of the newsrack for a period of up to four (4) weeks in any three (3) month period. The applique shall be a single color which shall contrast from the base color of the rack to which it is applied.
F. Materials: Newsracks shall be constructed out of metal and shall be waterproof. All newsracks shall also be fadeproof, which may occur as a result of extensive exposure to sun or other weather elements. Permittees shall be responsible to ensure all newsracks are repaired in the event of fade, which comes as a result of extensive exposure to sun or other weather elements.
(Ord. 2012-41, 7-10-2012)
A. Each permittee shall maintain the newsrack at all times and keep the newsrack in a continual state of good repair, including repair of exterior damage to the newsrack, and removal of graffiti, noncompliant markings, stickers, etc.
B. Within three (3) days of electronic notice, or within five (5) days if notified by mail, after the city has sent notice to the permittee of any issue of noncompliance regarding the outside appearance of the newsrack, the permittee shall remove or repair said noncompliance. If the last day of the period is a weekend or holiday the period shall be extended to the next business day.
C. If the permittee does not comply with this section after notice has been sent by either first class mail or electronic delivery, city may either: 1) clean up the noncompliant markings on the outside of the newsrack and bill permittee for the work or 2) proceed under section 7-17-20 of this chapter to remove said newsrack under the nonemergency removal process.
(Ord. 2012-41, 7-10-2012)
A. Notice: If at any time it is determined by the city that a newsrack is not in compliance with the requirements of this chapter, a "notice of intent to remove" shall be issued, in writing, to the permittee by mail. Such notice will state the violation constituting the basis of the proposed removal. The notice shall allow the permittee ten (10) days from the date of mailing to request a hearing before removal of the newsrack. If no hearing is requested within the time allowed, the city may proceed with removal and recover the cost from the permittee.
B. Hearing: If a hearing is requested, it shall be held not less than fifteen (15) days from the date a request for hearing is filed. Prior to the hearing the permittee may file a written response specifically setting forth the reason that the newsrack should not be removed. At the hearing the hearing officer shall determine whether the newsrack complies with the provisions of this chapter. In the event that the hearing officer determines that the newsrack is not in compliance with this chapter, the newsrack shall be removed by the permittee within ten (10) days or otherwise brought into compliance with this chapter. If the newsrack is not removed as required, the city may remove the newsrack and recover the expense of removal from the permittee.
C. Appeal: The permittee may appeal any decision or order to the mayor or the mayor's designee. Any appeal shall be filed in writing within ten (10) days of the decision of the hearing officer and shall specify the basis for the appeal. The mayor shall consider the appeal based on the written submissions.
(Ord. 2012-41, 7-10-2012)
A. Removal: In the event that the traffic engineer, the police department or fire department determines that the location or operation of the newsrack constitutes an immediate physical threat to public safety or health, the newsrack may be removed by the city immediately without any prior notice or hearing. This provision shall not allow the removal of a newsrack or a publication based on the content of the material distributed in the newsrack.
B. Undocumented Content Of Newsracks That Is Not Explicit Or Sexual Or Erotic In Nature: In the event that any newsrack contains periodicals, newspapers or other printed material that has not been properly identified on the permit application as pertaining to a particular newsrack, the city may remove the publications or require the permittee to recertify the newsrack to include the periodical or written material content of said newsrack on the permit under section 7-17-9 of this chapter.
C. Undocumented Content Of Newsracks That Is Explicit, Erotic Or Sexual In Nature: In the event that any newsrack contains periodicals, newspapers or other printed material with lewd pictures, photos, drawings or illustrated depictions, such material may be removed immediately by city personnel without notice or hearing. For purposes of this section, lewdness means:
1. An act of sexual intercourse or sodomy;
2. The exposed male or female genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area;
3. An act of masturbation; or
4. Any other act of lewdness.
D. Notice And Hearing: In the event of the immediate removal of a newsrack or printed material under this section, the city shall contact the permittee's designated representative appearing on permittee's permit application as soon as reasonably possible and inform the representative of the removal and the reason(s) therefor. If requested by the representative, the city shall hold a hearing before a hearing officer to determine whether or not the removed newsrack constituted an immediate threat to the public's life, safety and/or health or whether the material was properly removed. If the hearing officer determines that the newsrack did not constitute such an immediate threat, the city shall immediately, at its own expense, replace the newsrack at its location. In the event that no immediate hearing is requested by the permittee's representative, a hearing shall be conducted, within five (5) business days of the emergency removal action, by a hearing officer in order to review ordinance compliance on the subject newsrack. In the event that the city determines that permittee is not in compliance with this chapter, then the city shall retain the newsrack, return it to the permittee, and recover the expense of removal from the owner.
E. Appeal: The permittee may appeal any decision or order to the mayor or the mayor's designee. Any appeal shall be filed in writing within ten (10) days of the decision and shall specify the basis for the appeal. The mayor shall consider the appeal based on the written submissions. The permittee shall not be entitled to replacement of the newsrack or any material removed by the city during the appeals process.
(Ord. 2012-41, 7-10-2012)
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