90.01(A) Purpose and criteria. The purpose of the following is to promote the public health, safety, and welfare through the regulation of placement, type, appearance, servicing, and insuring of
on
and Private
so as to:
90.01(A)(1) Provide for pedestrian and driving safety and convenience.
90.01(A)(2) Restrict unreasonable interference with the flow of pedestrian or vehicular
including ingress into or egress from any residence or place of business, or from the
to the
by
exiting or entering parked or
vehicles.
90.01(A)(3) Provide for public and property safety during hurricane or severe windstorm conditions.
90.01(A)(4) Provide reasonable access for the
and maintenance of poles, posts, traffic signs or signals, hydrants, and mailboxes and access to locations used for public transportation purposes.
90.01(A)(5) Maintain and protect the values of surrounding properties.
90.01(A)(6) Reduce unnecessary exposure of the public to personal injury or property damage.
90.01(A)(7) Treat all newspapers equally regardless of their size, content, circulation, or frequency of publication.
90.01(A)(8) Maintain and preserve freedom of the press.
90.01(A)(9) Cooperate to the maximum extent possible with newspaper distributors.
90.01(A)(10) Relocate and/or replace
and/or
that obstruct drivers’ sight lines, create a visual blight, occupy excessive space on the
, or which unreasonably detract from the aesthetics of store window displays and adjacent
.
90.01(B) Certificate of compliance required. No shall place, affix, erect, construct, or maintain a
without first obtaining a certificate of compliance for each
in accordance with the provisions of this Section.
90.01(C) Application and issuance of certificate of compliance.
90.01(C)(1) Issuing authority. The issuing authority and coordinator shall be the . The is responsible for coordinating and administering the physical placement of
herein specified.
90.01(C)(2) Approving authority. The approving authority shall be the
90.01(C)(3) Applications. The
shall file with the a written application for a certificate of compliance that shall contain the following information:
90.01(C)(3)(a) The name, address, and telephone number of the
who is the
and/or principal in charge of the
.
90.01(C)(3)(b) The name, address, and telephone number of a responsible
whom the
may notify or contact at any time concerning the
’s
.
90.01(C)(3)(c) The number of
and the proposed location of each shown on a drawing.
90.01(C)(3)(d) Names of newspapers or periodicals to be contained in each
.
90.01(C)(3)(e) A certification that the
shall be installed in conformance with the provisions of this Section in their entirety. More than one
location may be included on a certificate of compliance.
90.01(C)(4) Denial of certificate of compliance. If a certificate of compliance for a
location is denied, the
shall be notified within five working days of the ’s receipt of the completed application. The will suggest alternative locations and shall advise the
of the specific cause of such denial. The
may reapply for a substitute alternative location but will not be assessed an additional Publisher’s fee, described in subsection 90.01(D) below.
90.01(C)(5) Additional certificate(s) of compliance. If, at any time after the initial application for an installation certificate of compliance, a publisher wishes to install additional
, then subsection 90.01(C)(3) above is to be repeated in accordance with the provisions of this Section. Additional certificate of compliance fees shall be in accordance with subsection 90.01(D) except that the one-time Publisher’s fee is waived if previously paid.
90.01(D) Fees. The shall charge a one-time only Publisher’s fee for each
making its first application to the for an installation certificate of compliance. The shall also charge a separate, additional one-time only certificate of compliance fee for each
location selected by that
. Both the Publisher’s fee amount and the certificate of compliance fee amount(s) shall be set by Resolution of the . Failed inspections at the time of installation are subject to a re-inspection fee in an amount also to be set by Resolution of the .
90.01(E) Placement generally.
90.01(E)(1) Subject to the prohibitions set forth in subsection
90.01
(H), in areas where
abut a curb,
shall be placed parallel to and not less than 18 inches nor more than 24 inches from the edge of the traveled
or paved parking lane.
90.01(E)(2)
placed near the wall of a
must be placed parallel to and not more than six inches from the wall.
90.01(E)(3) No
shall be chained, bolted or otherwise attached to any fixture or
located in the
.
90.01(E)(4)
may be placed next to each other, provided that no group of
shall extend for a distance of more than 12 feet along a curb. A group of
may consist of no more than 12 pockets or compartments.
90.01(E)(5) Subject to the prohibitions set forth in subsection
90.01
(H), in locations where the
determines there is a potential for vehicular
to become obstructed due to individuals
their vehicles to obtain
publications, an
may seek approval from the
to incorporate “pull off” areas at those locations in order to be allowed to install
at such locations. “Pull off” area means a
improvement consisting of an additional portion of paved
on the side of
travel lanes where vehicles could safely pull off the adjacent travel lanes in order to
at the
. The
will construct and maintain each pull-off area. The cost of initial
and subsequent maintenance for each pull-off area will be borne by the
and defrayed by an annual fee to be set by resolution of the
that will apply to each such area. The fee shall be payable annually on October 1 of each
. Such fee for each area shall be shared proportionally by all
for that area, based upon the number of pockets or compartments of a
that are used by each
at that pull-off area during that
. For any pull-off constructed and completed between October 1 and April 1 of a subsequent
, the full fee shall be imposed and collected by the
; for each pull-off constructed and completed between April 1 and September 30, one-half of the fee shall be imposed and collected by the
.
90.01(F) Installation and maintenance.
90.01(F)(1) All
shall be placed on a pedestal or platform and may not exceed 60 inches in height. The height of the handles and coin slots shall not exceed 48 inches from the base of any
.
90.01(F)(2)
shall carry no card holders or advertising, but may display the name, with lettering and background of any colors, of the newspaper being dispensed, in spaces in the locations and sizes set forth below:
90.01(F)(2)(a) On the front of the
, the lettering size shall not exceed one and three-fourths inches in height. The lettering shall be placed within a colored-band space not exceeding two and one-half inches in height above the door hinge.
90.01(F)(2)(b) On the sides and back of the
, the lettering size shall not exceed two and one-half inches in height. The lettering shall be placed within a colored-band space not exceeding four and one-half inches in height and beginning one inch from the top of the
.
90.01(F)(3)
for free newspapers may omit the coin box and may have the pull bar welded to the door to produce an “honor rack.”
90.01(F)(4)
shall be maintained in good working order at all times. They shall be maintained in a neat, clean condition and must not be rusted; their paint must not be chipped, faded, peeling or cracked. Their clear plastic or glass display windows shall be unbroken and shall be reasonably free of cracks, dents and discoloration. The color of all
shall be forest green.
90.01(F)(5) Mounts shall be bolted in place through four standard holes in the base place in accordance with standards provided in subsection
90.01
(G).
cabinet tops shall be installed and checked for level. A water-soluble, paintable, ten-year caulk of gloss brown color shall be applied and wiped to seal around the base plate and the mounting surface.
90.01(G)
mounting standards. The following standards shall be applicable to the mounting of
in this :
90.01(G)(1) Foundation minimum: four-inch concrete, 2500 psi (- 28 day strength), Class 1, unless such minimum foundation already exists where a
is to be installed.
90.01(G)(2) Six-inch minimum concrete edge distance for bolts.
90.01(G)(3) Three-eighths-inch minimum diameter hot-dipped galvanized hex bolt mounts, three-inch minimum embedment, threads down, through four corners of the pedestal base.
90.01(H) Prohibitions. No stand-alone (s) shall be placed, installed or maintained on any
or Private
in the . The only
that may be placed, installed or maintained on any
or Private
in the shall be
. In addition, the prohibitions common to all businesses within the , as set forth in this Code, shall apply to
. No
shall be placed, installed, used, or maintained:
90.01(H)(1) Within 30 feet of any crosswalk.
90.01(H)(2) Within 30 feet of the intersection of public or private Streets,
, driveways and entryways.
90.01(H)(3) On the
of a divided
or on a similar type landscaped or paved island in the center of a Public or
.
90.01(H)(4) Within 30 feet of any fire hydrant, fire call box, police call box, or other emergency facility.
90.01(H)(5) Within 15 feet of any
marking a designated bus stop.
90.01(H)(6) Within 15 feet of any bus bench, plaza bench or bus shelter.
90.01(H)(7) Where any portion of a
/
is on or within 12 inches of any area improved with
or
, other than a
, or within three feet of flowers or
.
90.01(H)(8) Within three feet of any display window of any
abutting the
or parkway or in such a manner as to impede or interfere with the reasonable
of such window display purpose, or within five feet of a
entrance.
90.01(H)(9) On or within five feet of
and traffic
, parking meters,
lights, or
.
90.01(H)(10) At any location that does not provide clear width of continuous passage of at least 36 inches in accordance with the Americans with Disabilities Act.
90.01(H)(11) At any location where the
determines that placement of a
is likely to cause drivers to
or
in an unsafe, obstructive position blocking either a driver’s sight line or a
.
90.01(H)(12) Within 1,000 feet of any other
or group of
located on a
or
, except as allowed under subsection
90.01
(E)(5) above.
90.01(I) Enforcement.
90.01(I)(1) Nonconforming
. Any or
in violation of any provision of this Section shall be subject to the procedures, remedies and due process under the provisions of this code pertaining to code enforcement, as well as the following rules:
90.01(I)(1)(a) Upon determination by the code enforcement division that a
or
violates this Section, a notice to correct the violation shall be issued to the responsible entity.
90.01(I)(1)(b) The notice to correct a violation shall specifically describe the violation and may suggest actions necessary to cure the violation. The notice shall be mailed by certified mail with return receipt requested to the publishing entity or other responsible party.
90.01(I)(1)(c) The time period within which a violation must be corrected shall be written on the notice to correct the violation, and that time period may vary based on the nature of the violation.
90.01(I)(1)(d) Failure to correct the violation within the time period specified on the notice to correct the violation shall result in the removal of the nonconforming
or
by the
. Upon removal, the
shall store the
or
for 90 days and, if the fixture is not claimed during that time period and the appropriate removal, administrative and storage fees paid, the
may dispose of the
or
in any manner deemed appropriate.
90.01(I)(2) Abandoned
.
90.01(I)(2)(a) If any
installed pursuant to this Section does not contain the publication specified therefor within a period of 48 hours after release of the current issue, Code Enforcement may deem the
abandoned and take appropriate action under this Code. In addition, a
shall be deemed abandoned when no publication is in the
for a period of more than seven consecutive days.
90.01(I)(2)(b) In the event a newspaper publishing company or its distributor desires to voluntarily abandon a
location, the distributor shall notify the
, completely remove the
and mount, and restore the
to a safe condition, leaving no holes or projections in the mounting surface.
90.01(J) Appeal of notice to correct violation. In the event the responsible entity chooses to appeal the notice to correct violation, it must do so within the time period specified for compliance in the notice given by the . The appeal must be requested in writing and sent to the in order to appear before the for review of the notice to correct violation. The appeal shall be heard by the within 30 working days of the filing of the appeal, unless the parties mutually agree to an extension of this time period. The decision of the on appeal is subject to judicial review as provided by the Florida Statutes. The removal of the or
alleged to be in violation shall be stayed pending final disposition of the appeal.
90.01(K) Insurance and Indemnification.
90.01(K)(1) Prior to the issuance of a certificate of compliance by the
, the
shall submit to the
a certificate of insurance naming the
as an additional insured. The certificate of insurance must be kept current and renewed as long as the
maintains a
on
within the
. Such insurance shall be comprehensive general liability or commercial general liability coverage on a form no more restrictive than the latest edition of the comprehensive General Liability Policy or Commercial General liability filed by the Insurance Service Office. Minimum limits of total coverage shall be $1,000,000.00 per occurrence and/or aggregate combined single limit, personal injury liability, bodily injury liability and property damage liability. Coverage shall include the following extensions:
90.01(K)(1)(a) Contractual liability;
90.01(K)(1)(b) Products and completed operations;
90.01(K)(1)(c) Independent contractor’s coverage; and
90.01(K)(1)(d) Broad form general liability extensions or equivalent.
90.01(K)(3) Reasonable evidence of equivalent self-insurance coverage may be substituted by the
for the above certificate of insurance, subject to the approval of the
. Insurance under this Section shall run continuously with the presence of the
’s
in
and any termination of lapse of such insurance shall be a violation of this Section, subject to appropriate remedy by the
as authorized by this Code.
90.01(K)(4) Every
who places or maintains a
on a
, public
,
or
in the
, shall execute a written agreement, prepared by the
, under which it agrees to indemnify, hold harmless and defend the
, its officers, agents and employees from any loss, liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any
as a result of the installation, use and/or maintenance of a
within the
(the “Indemnification Agreement”). The Indemnification Agreement shall read as follows:
(name of applicant) covenants and agrees unconditionally, absolutely and irrevocably, that it will indemnify, defend and hold harmless the and its officials, officers, partners, employees, affiliates, successors and assigns from any and all claims, liabilities, losses, orders, judgements, decrees, damages, response costs, remediation costs, fines, penalties, fees, and expenses of every and any kind whatsoever including attorneys’ fees and costs (at both the trial and appellate levels) arising out of or in any way relating to the installation, use and/or maintenance of within the .
90.01(L) Sovereign immunity. This Section shall not be construed to affect in any way the ’s rights, privileges, and immunities as set forth in F.S. § 768.28.
(Ord. 2010-15, passed 10-4-2010)