(A) It shall be unlawful for any person to place, affix, erect, construct, or maintain a newsrack upon any right-of-way without having obtained written permission for the placement and location from the Clerk/Treasurer in accordance with this section.
(1) An applicant shall submit a written request for placement of a newsrack to the Clerk/Treasurer with the following information:
(a) The name, address, telephone number, and email address of the person or entity responsible for the newsrack;
(b) The name, address, telephone number, and email address of the person who the Clerk/Treasurer should notify or contact at any time concerning the permittee’s newsrack;
(c) The number, location, position, and installation method of the newsrack shown on a reasonably-scaled map, drawing, or aerial photograph;
(d) The names of the publications to be contained within each newsrack, frequency of distribution, and re-stocking schedule; and
(e) A description and the dimensions of the newsrack.
(2) The Clerk/Treasurer shall issue a written decision to an applicant within 14 days of the submission of the written request containing the information set forth in division (A)(1) above.
(3) Any denial or adverse decision regarding an applicant’s proposed placement of a newsrack in the right-of-way may be reviewed de novo to the City Code Enforcement Board within 30 days of the denial or adverse decision. An adverse decision of the Code Enforcement Board may be reviewed de novo to the County District Court within 30 days of the issuance of the Board’s final order.
(B) Newsracks shall have the following dimensions.
(1) The height shall not exceed 6o inches off the ground.
(2) The width, measured at the widest point, shall not exceed 25 inches.
(3) The depth, measured at the widest point, shall not exceed 25 inches.
(C) Newsracks may not be bolted or permanently affixed to any public sidewalk or improved right-of-way unless such installation is approved by the Clerk/Treasurer or his or her designee. If approved, installation shall be in a manner that conforms with the requirements of this section, and to ensure minimal damage to the right-of-way infrastructure.
(D) Newsracks that are not bolted or permanently attached to any public sidewalk or right-of-way shall be secured by a weighted base or pedestal to prevent the newsrack from being tipped over or upset by the elements or contact with pedestrians.
(E) Newsracks shall not be chained or otherwise attached to any tree, bench, signpost, shelter, or any other fixture.
(F) Each newsrack shall be regularly maintained by its owner in a reasonable, clean, neat, and attractive condition, and be in good repair and operation at all times so that:
(1) It is kept free from graffiti;
(2) It is kept free of chipped, faded, peeling, or cracked paint in its visible painted areas;
(3) It is kept free of rust and corrosion in the visible unpainted metal areas thereof;
(4) The clear glass or plastic parts thereof, if any, through which the printed material being dispensed are not broken and are kept free of tears, peeling, or fading; and
(5) The structural parts of the newsrack operate, and are not broken or unduly misshapen.
(G) In the event that an owner shall remove the newsrack and any mounting attachment, the owner shall restore the location to a safe condition, leaving no defect or projection in the pavement. The owner shall notify the Clerk/Treasurer in writing of the newsrack’s removal within seven days after completing the removal.
(H) Any newsrack that is abandoned or fails to comply with any of the requirements set forth in this section may be removed by the city after sending a seven-day written notice to the owner by ordinary mail at the address specified by division (A)(1) above that the newsrack is deemed abandoned or not in compliance with this section. A newsrack will be deemed abandoned when it does not provide the newspaper specified therefor for more than seven consecutive days for a daily publication, or 14 consecutive days for a weekly publication or other magazine or informational material.
(I) Newsracks shall be placed in locations that do not obstruct or interfere with ingress or egress bv abutting properties and that do not impede or endanger pedestrians or vehicular traffic.
(J) Newsracks shall not be placed:
(1) Upon a public right-of-way in a manner that blocks ingress or egress to a building or readily identifiable or marked bus stop loading zone or other loading zone, or handicapped parking space;
(2) Within 15 feet of a fire hydrant;
(3) Within two feet of a parking meter, mail box, bench, light post, planter, or tree grates;
(4) On any portion of a tree grate, manhole cover, meter or valve box cover, or vent cover for underground utilities;
(5) At any location whereby the clear space on the public sidewalk for passageway of pedestrians is reduced to less than four feet; or
(6) In such a manner where the door of the newsrack opens beyond the edge of a street curb.
(K) Modular newsracks are prohibited.
(L) As a condition to receiving the written permission described in division (A) above, the newsrack permittee shall release and indemnify, defend, and save harmless the city, its officers, elected officers, agents, contractors, and employees from and against all claims, actions, demands, judgments, costs, expenses, and damages of every kind and nature incurred by or incurring to any person whatsoever predicated upon injury to or death of any person, or loss of or damage to property, public or private, or whatever ownership or damages to business, arising out of or connected directly or indirectly with the exercise of any right or privilege granted by any written permission issued under this section.
(Ord. 4, 2012, passed 3-12-2012) Penalty, see § 95.99