Notwithstanding any other provision of this chapter, no newsrack may be placed, installed, used or maintained as follows:
(A) Within one foot of any area improved with lawn, flowers, shrubs or trees;
(B) Within three feet of:
(1) The entrance or exit to any building;
(2) Any display window in any building abutting a sidewalk or public right-of-way. No newsrack may be located directly in front of any display window of any building abutting a public right- of-way without the written consent of the person or entity legally in occupancy or otherwise in control of the premises on which the display window is located. Proof of such consent must be included in the permit application. If such consent is withdrawn, any newsrack placed in front of a display window must be removed within 14 days of the date of written notice from the city to the owner of such newsrack.
(C) Within five feet of:
(1) Any marked crosswalk;
(2) The curb return of any intersecting public streets;
(3) Any fire hydrant, fire call box, police call box or any other emergency facility;
(4) Any designated bus stop area or any sign marking a designated bus stop;
(5) Bus bench; or
(6) Any curb painted blue, pursuant to the provisions of Cal. Veh. Code § 21458;
(D) Within ten feet of any driveway;
(E) In any location whereby the clear passage on a sidewalk for pedestrian traffic is reduced to less than five feet;
(F) Within any public street;
(G) Within 100 feet of a newsrack containing the same edition of the same publication, except where bulk of a particular edition is such that more than one rack is required, in which case said newsracks must be placed side-by-side;
(H) Within 300 feet of a uniform newsrack location, except for any period, not to exceed 30 days, during which a uniform newsrack permit has been granted at the location but the applicant has been unable to obtain a uniform newsrack;
(I) Chained or otherwise attached to any fixture. All newsracks must be permanently affixed to the pavement or otherwise anchored to a concrete base. Newsracks anchored to concrete bases must have a minimum weight of 100 pounds empty. Uniform newsracks which have been established and permitted pursuant to this chapter may be permanently affixed to the pavement or authorized support structures as established by City Council resolution.
(J) Be used for advertising, selling or storing material other than that dealing with the display, sale or purchase of the publication sold therein.
(K) No newsrack may remain empty for a period of 30 consecutive days.
(Ord. 1101, passed 6-21-04)