(a) No person shall place or maintain on any public sidewalk in the City, any newsrack or drop-boxes that do not comply with the following:
(1) No newsracks or drop-boxes shall exceed sixty-one (61) inches in height, thirty (30) inches in width or twenty-one (21) inches in thickness.
(2) No newsracks shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.
(3) No drop-boxes shall be used for advertising signs or publicity purposes other than that dealing with the deposit of envelopes or packages therein.
(4) Each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he or she is unable to receive the publication for which he or she has paid. The coin-return mechanism shall be maintained in good working order.
(5) Each newsrack shall have affixed to it, in a readily visible place, so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction or to secure a refund in the event of a malfunction of the coin-return mechanism or to give the notices provided for in this section.
(6) Every newsrack or drop-box shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack or drop-box shall be serviced and maintained so that:
A. It is reasonably free of dirt and grease;
B. It is reasonably free of chipped, faded, peeling and cracked paint in the visible areas thereof;
C. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;
D. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discolorations;
E. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.
(7) No newsracks nor drop-boxes shall be placed or maintained which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part upon, along or over any portion of the roadway of any public street.
(8) No newsracks or drop-boxes shall be permitted to rest upon, in or over any public sidewalk, when such installation, use or maintenance endangers the safety of persons or property which such site or location is used for public utility purposes, governmental use or when such newsracks or drop-boxes unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location.
(9) No newsracks shall be chained, bolted or otherwise attached to any fixture located on the public sidewalk, except to other newsracks.
(10) No drop-boxes shall be chained, bolted or otherwise attached to any fixture located on the public sidewalk, except to another drop-box.
(11) Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight (8) feet along a curb and a space of not less than eight (8) feet shall separate each group of newsracks.
(12) Drop-boxes may be placed next to each other, provided that no group of drop-boxes shall extend for a distance of more than eight (8) feet along a curb and a space of not less than eight (8) feet shall separate each group of drop-boxes.
(13) No newsracks or drop-boxes shall be placed, installed, used or maintained:
A. Within three (3) feet of any marked crosswalk;
B. Within twelve (12) feet of the curb return of any unmarked crosswalk;
C. Within five (5) feet of any fire hydrant or other emergency facility;
D. Within five (5) feet of any driveway;
E. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6) feet;
F. Within three (3) feet of or on any public area improved with lawn, flowers, shrubs or trees or other landscaping.
(14) No newsracks shall be placed, installed, used or maintained within one hundred (100) feet of any other newsrack on the same side of the street in the same block containing the same issues or edition of the same publication. No drop-boxes shall be placed, installed, used or maintained within one hundred (100) feet of any other drop-box on the same side of the street in the same block.
(15) In the event a newsrack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned, and may be removed immediately and processed as unclaimed property.
(Ord. 26-2006. Passed 3-7-06.)
(16) A sidewalk permit shall be obtained from the City, issued by the Director of Public Safety.
(Ord. 135-2011. Passed 6-21-11.)
(Ord. 135-2011. Passed 6-21-11.)