(a) The following restrictions shall apply to the location of newspaper boxes or racks on public property, including, but not limited to sidewalks:
(1) No news racks shall exceed five feet in height, thirty inches in width or two feet in depth.
(2) News racks shall only be placed near a curb or adjacent to the wall of a building. News racks placed near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb. News racks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No new racks shall be placed or maintained on a sidewalk or parkway opposite a newsstand or another news rack.
(3) No news racks shall be chained, bolted or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object.
(4) News racks may be chained or otherwise attached to one another; however, no more than three news racks may be joined together in this manner, and a space of no less than eighteen inches shall separate each group of three news racks so attached.
(5) No news rack or group of attached news racks allowed under (a)(4) hereof, shall weigh, in the aggregate, in excess of 125 pounds when empty.
(6) No news rack shall be placed, installed, used or maintained:
A. Within three feet of any marked crosswalk;
B. Within fifteen feet of the curb return of any unmarked crosswalk;
C. Within three feet of any fire hydrant, fire call box, police call box or other emergency facility;
D. Within three feet of any driveway;
E. Within three feet ahead of and fifteen feet to the rear of any sign marking a designated bus stop;
F. Within three feet of any bus bench;
G. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet; or
H. Within three feet of any area improved with lawn, flowers, shrubs or trees or within three feet of any display window of any building abutting the sidewalk or parkway or in such manners as to impede or interfere with the reasonable use of such window for display purposes.
(7) No news rack 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.
(8) Each news rack shall be maintained in a clean, neat and attractive condition and in good repair at all times.
(b) When a newspaper box or rack, in the opinion of the Chief of Police, poses an immediate danger to pedestrians or vehicles, it may be seized by the Police Department and held until disposed of in conformance with subsection (e) hereof.
(c) When the placement of a newspaper box or rack violates any of the above restrictions, but does not constitute an immediate danger to pedestrians or vehicles, the owner of such box or rack shall be notified of such violation by the Chief. Within twenty-four hours, the owner shall either correct the violation or request a hearing on the matter. If a hearing is requested, a Hearing Board, consisting of the Police Chief, Mayor and City Attorney, shall convene, meet with the owner and reach a decision on the existence of the violation. Such hearing shall be held within three days of when requested. The decision of such Board shall be final.
(d) If neither a hearing is requested nor the violation corrected within twenty-four hours, the box or rack shall be seized by the Police Department and held until disposed of in conformance with subsection (e) hereof.
(e) Whenever a newspaper box or rack is seized by the Department, the owner shall be immediately notified of the seizure, and the owner shall be permitted to recover the box or rack upon payment of a ten dollar ($10.00) fine. If such newspaper box or rack is not recovered within seven days of when notice was given, such box or rack shall become the property of the City and shall be disposed of in the manner seen fit by Council.(1970 Code Sec. 28-6.1)