9.79.080   Special newsrack areas.
   (a)   The city council hereby finds that special circumstances require special design, placement and other standards for newsracks located in the following areas of the city; and such areas are hereby designated as "special newsrack areas":
   (1)   The Downtown Commercial Area.
   (i)   The city council hereby designates the "downtown commercial area," bounded by and including both sides of the following streets: Middlefield, Hamilton, Alma, and Lytton, as a special newsrack area.
   (ii)   The council finds that the downtown commercial area has become very congested, with street furniture and other sidewalk encroachments, automobiles and other means of travel competing with pedestrians for the public space; and that special standards for the design and location of newsracks, in conjunction with a program for the furnishing and installation of street furniture, and the enforcement of existing regulations for other encroachments in the downtown commercial area, will help to create a sense of order out of chaos and provide a friendly environment for those who come to the area.
   (b)   Notwithstanding any contrary provisions in this chapter, the following special standards shall apply to newsracks and the placement of publications in newsracks within any special newsrack area so designated pursuant to subdivision (a) of this section:
   (1)   No newsrack shall be located in a special newsrack area except within a special newsrack container. All newsracks in a special newsrack container shall meet the following specifications:
   (i)   Every newsrack shall be a modular design, 49-16 or K-100 style (as manufactured by "Sho-Rack") or KJ50/KJ55F (as manufactured by "K-Jack") or M-30/M-33 (as manufactured by National Newsvend) or the equivalent, as determined by the city engineer.
   (ii)   Each publication shall use the same color for all of its newsracks located within a special newsrack area.
   (iii)   The name and/or logo otherwise permitted pursuant to subparagraph (a)(9) of Section 9.79.050 may be placed only on the front face of the box.
   (iv)   Permittees of double high racks may be required to provide devices commonly known as "spacers" for the newsracks adjacent to each double high rack, to ensure that all newsracks in a single location group of racks are the same height. Permittees who use newsracks of a brand other than Sho-Rack may be required to furnish spacers to achieve height uniformity.
   (2)   Original Placement of Newsracks Within a Special Newsrack Area.
   (i)   No newsrack shall be located in a special newsrack area unless a permit has been obtained in accordance with this subsection (2) or subsection (3).
   (ii)   Within thirty days after the effective date of the ordinance designating a special newsrack area, or as soon as practicable thereafter, the city engineer shall establish a date (the "cut-off date") by which application shall be made to the city engineer for every newsrack proposed to be located within a special newsrack area. No application shall be considered that is filed later than the cut-off date established for that area. The city engineer shall give notice of the cut-off date by publication once in a newspaper of general circulation in the city. The city engineer shall also endeavor to mail notice of the cut-off date to the owners and/or distributors of newsracks existing as of the effective date of the ordinance designating a special newsrack area; provided, however, that failure to provide mailed notice to any person shall not invalidate any action taken pursuant to this section or this chapter.
   The process for obtaining a permit shall be in accordance with Section 9.79.040, provided, that where the number of newsracks for which application has been made exceed the number of special newsrack containers available in a special newsrack area, or in a particular location within a special newsrack area, the city engineer shall issue newsrack permits in the manner described in regulations established by the city engineer and approved by the city council.
   (3)   After the original placement of newsracks within a special newsrack area, as described in subparagraph (2) of this subsection (b), application may be made for placement of a newsrack in a location within a special newsrack area for which no empty special newsrack container is available. Such applications shall be placed on a waiting list. In the event a special newsrack container becomes available, the city engineer shall issue a permit for that location to the applicant for the location, if there is only one applicant. In the case of multiple applicants for a single location, the city engineer shall determine which applicant shall receive the permit in the manner described in regulations established by the city engineer and approved by the city council.
(Ord. 4531 § 2 (part), 1998)