A. No newsrack shall be installed, used or maintained in any location upon public property, within any right-of-way, or within public easements adjacent to streets within the district where such installation, use or maintenance endangers the safety of persons or property, or interferes with or obstructs the line of sight of pedestrians and drivers, or interferes with public utility, public transportation, or other government use, or unreasonably interferes with or impedes the flow of pedestrian, bicycle, or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of traffic signals, hydrants, mailboxes, or light standards and telephone poles.
B. A temporary single-unit shall not be chained, bolted or otherwise attached to any tree, shrub, or other plant nor attached to any property not owned by the newsrack owner without the consent of the property owner nor situated upon any landscaped area within the district, and provided further that the single-unit is of a design which conforms to the standards promulgated by the director.
C. The following standards for placement of newsracks shall apply:
1. It is unlawful to place or permit any newsrack to stand in any place so that any part of the newsrack obstructs the access widths and clearances for accessible routes established by the Department of Justice, Office of the Attorney General, 28 Code of Federal Regulations, Appendix A to part 36, in particular:
a. At least sixty (60) inches of clearance width on all public sidewalks; clearance may be reduced to thirty-six (36) inches, providing a passing space for wheel chairs is located a reasonable distance away, this distance not to exceed two hundred (200) feet.
b. At least sixty (60) inches of clearance width for landings from the edge of disabled access ramp.
2. It is unlawful to place or maintain any newsrack so that any part of the newsrack is closer than eighteen (18) inches from any portion of the right-of-way that is traveled by vehicles or bicycles or used for the parking of vehicles.
3. Newsracks shall only be placed near a curb or adjacent to the wall of a building. The back of newsracks placed near the curb shall be placed no less than (28) inches nor more than twenty-four (24) inches from the edge of the curb. The back of newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six (6) inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite another newsrack or similar vending device, unless a clear distance of no less than eighty-four (84) inches is provided between newsracks or devices.
4. No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public transportation purposes or other government use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including handicapped access, the ingress or egress of any residence or place of business, or other objects permitted at or near said location.
5. It is unlawful to place or maintain any newsrack so that any part of the newsrack is within sixty (60) inches of traffic signal, traffic controller, fire hydrant, fire call box, police call box, or other emergency facility.
6. It is unlawful to place or maintain any newsrack so that any part of the newsrack is within sixty (60) inches of red curbing or curbing marked for a bus stop zone.
7. It is unlawful to place or maintain any newsrack so that any part of the newsrack is withinsixty (60) inches along a parallel axis from any portion of the blue curbing of a disabled parking zone.
8. No newsrack shall be placed, installed, used or maintained:
a. Within fifteen (15) feet of any marked or unmarked crosswalk;
b. Within ten (10) feet of any driveway;
c. Unless the newsrack is less than thirty-six (36) inches in height in which case the setback shall be sixty (60) inches.
9. It is unlawful to attach any newsrack in the public right-of-way by any means whatsoever to any city planter, light pole, sign, traffic signal, meter pole, or other item.
10. No newsrack shall be placed, installed, used or maintained in such a manner as to impede or interfere with the reasonable use of any commercial window display.
11. Where modular newsrack systems have been installed in approved locations, placement of single newsracks within one hundred (100) feet of such modular newsracks is prohibited. Modular newsracks may be placed next to each other, providing that all public safety and public access requirements of this chapter are met and that a clearance of sixty (60) inches is provided between them.
12. Multi-unit configurations shall be permanently affixed to the ground in a manner approved by the director. Newsracks may not be affixed to the ground without first obtaining an encroachment permit from the community development department of city. (Ord. 2004-14 (part), 2004)