SEC. 7-113.  REGULATIONS FOR NEWSRACKS LOCATED ON PUBLIC PROPERTY.
   (A)   The following regulations shall apply to any newsrack located on public property:
      (1)   No person shall install, use, or maintain any newsrack which rests upon or projects over any part of any roadway.
      (2)   No person shall install, use, or maintain any newsrack if such newsrack exceeds 48 inches in height, 30 inches in width, or 24 inches in depth or weighs in excess of 125 pounds when empty.
      (3)   No person shall install, use, or maintain any newsrack contrary to any of the following regulations:
         (a)   Within six feet of any marked crosswalk;
         (b)   Within six feet of any street or alley curb return without a marked crosswalk;
         (c)   Within six feet of any driveway or curb cut;
         (d)   Within an area 25 feet forward of a driveway, curb cut, or curb return (“forward of a driveway, curb cut, or curb return” shall mean parallel to and in the same direction as the traffic on the side of the roadway in which such driveway, curb cut, or curb return is located) and extending 75 feet to the rear of a driveway, curb cut, or curb return (“to the rear of a driveway, curb cut, or curb return” shall mean parallel to and against the direction of the traffic on the side of the roadway in which such driveway, curb cut, or curb return is located) except if the newsrack is located at the back of a sidewalk and every portion of the newsrack is at least four feet, six inches away from the curb face.
         (e)   Within ten feet of any fire hydrant or fire department connection;
         (f)   Within four feet of any fire call box, police call box or other emergency facility;
         (g)   Within a 264 feet area surrounding any sign marking a designated bus stop, such area described as follows:  extending from the curb face or edge of pavement to a distance eight feet perpendicularly away from the roadway and beginning three feet forward of such sign (“forward of such sign” shall mean parallel to and in the same direction as the traffic on the side of the roadway in which such sign is located) and extending 30 feet to the rear of such sign (“to the rear of such sign” shall mean parallel to and against the direction as the traffic on the side of the roadway in which such sign is located).
         (h)   Within four feet, six inches from the edge of a curb face or, if no curb exists, the edge of pavement where parking is permitted; or, within one foot from the edge of a curb face or, if no curb face exists, the edge of pavement where parking is prohibited;
         (i)   Within four feet of any bus bench or bus shelter;
         (j)   Within five feet of any bicycle rack;
         (k)   Within three feet of any manhole or catch basin access;
         (l)   Within six feet of any lift station;
         (m)   Within three feet of any utility or signal pull box or utility meter;
         (n)   Within five feet of a traffic signal control cabinet, signal standard or signal pole;
         (o)   Within two feet of any pole, post or other device on which a traffic sign is attached or mounted;
         (p)   Within four feet of a pedestrian access ramp;
         (q)   Within five feet of any utility pole;
         (r)   Within one foot of any building, wall or fence;
         (s)   At any location where the installation of the newsrack reduces the width of the pedestrian walkway to less than four feet.
      (4)   No person shall install, use, or maintain any newsrack which endangers the safety of persons or property, or when the installation site is used for public utility purposes, public transportation purposes or other government use, or when such newsrack interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or when the newsrack interferes with the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the installation site, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning.
      (5)   Each newsrack shall be installed on a single pedestal which shall be securely anchored to the sidewalk or a concrete pad through the use of bolts and sleeves.
      (6)   Each newsrack shall be constructed, installed, and maintained in a safe and secure condition and in accordance with standards adopted by the city.
      (7)   Except for the insertion of removable stock located on or inside the newsrack which is used for the purpose of promoting an upcoming civic event or special coverage in an upcoming issue of the newspaper, a newsrack shall not be used for advertising or publicity purposes other than to refer to the name of the newspaper, periodical, or magazine contained in the newsrack.
      (8)   Each newsrack shall be maintained in a clean, neat, and attractive condition and in good repair at all times.
      (9)   (a)   Except as noted in this subsection, each newsrack shall be painted one uniform color from the following list of colors as found in “The PANTONE Book of Color,” International Standard Book Number 0-8109-3711-5:
            (i)   Desert Palm, Pantone #7-0815;
            (ii)   Bracken, Pantone #7-1015; or
            (iii)   Slate Black, Pantone #7-0814.
         (b)   The pedestal of the newsrack may be painted the same color as the newsrack or Slate Black, as noted above.  In addition to any one of the above colors, no more than 20 percent of the newsrack’s metal surface may be painted or lettered with one of the following accent colors to display the vendor’s logo or name:
            (i)   Winter White - Pantone #11-0507;
            (ii)   Sun Kiss - Pantone #12-0807;
            (iii)   Cameo Rose - Pantone #14-1310;
            (iv)   Shell - Pantone #13-1405;
            (v)   Bark - Pantone #16-1506;
            (vi)   Lilac Gray - Pantone #14-3903;
            (vii)   Dapple Gray - Pantone #16-3907;
            (viii)   Ocean Wave - Pantone #14-5711;
            (ix)   Spray - Pantone #13-6007;
            (x)   Gravel - Pantone #14-1014;
            (xi)   Putty - Pantone #13-0711;
            (xii)   Brick Red - Pantone #7-1543;
            (xiii)   Snow White - Pantone #11-0602;
            (xiv)   Pastel Parchment - Pantone #11-0603;
            (xv)   Bone White - Pantone #12-0105; or
            (xvi)   Ice - Pantone #11-4803.
   (B)   The following regulations shall apply to any newsrack located on private property with the written consent of the property owner:
      (1)   No person shall chain, bolt or otherwise attach a newsrack to any privately owned property or to any permanently fixed, privately owned object unless the consent of the owner of such property or object is obtained in writing.
      (2)   No person shall install, use, or maintain any newsrack if such newsrack exceeds 48 inches in height, 30 inches in width, or 24 inches in depth or weighs in excess of 125 pounds when empty.
      (3)   Each newsrack shall be installed on a single pedestal which shall be securely anchored to the sidewalk or a concrete pad through the use of bolts and sleeves.
      (4)   Each newsrack shall be constructed, installed, and maintained in a safe and secure condition and in accordance with standards adopted by the city.
      (5)   Each newsrack shall be maintained in a clean, neat, and attractive condition and in good repair at all times.
      (6)   Each newsrack on private property shall conform to the uniform color requirements established in subsection (A)(9)(a) and (b) for newsracks on public property.
   (C)   These subsections regulating colors shall apply to all newsracks and pedestals located on private property six months after the effective date of this article, any newsrack or pedestal after the effective date of this article, and any newsrack that is removed and repaired after the effective date of this article.
(`64 Code, Sec. 19-61.4)  (Ord. No. 2341, 2747)