No person shall place or maintain on any public right-of-way in the city, any newsrack or drop-boxes that do not comply with the following.
(A) No newsracks or drop-boxes shall exceed 61 inches in height, 30 inches in width or 21 inches in thickness.
(B) 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.
(C) No drop-boxes shall be used for advertising signs or publicity purposes other than that dealing with the deposit of envelopes or packages therein.
(D) 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.
(E) 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.
(F) Every newsrack or dropbox 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:
(1) It is reasonably free of dirt and grease;
(2) It is reasonably free of chipped, faded, peeling and cracked paint in the visible areas thereof;
(3) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;
(4) The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably fee of cracks, dents, blemishes and discolorations;
(5) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading;
(6) Newsracks or drop-boxes shall not be placed in the right-of-way next to a building or property without the permission of the property owner;
(7) No newsracks nor drop-boxes shall be placed or maintained which project 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 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 right-of-way, except to other newsracks;
(10) No drop-boxes shall be chained, bolted or otherwise attached to any fixture located on the public right-of-way, 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 feet along a curb;
(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 feet along a curb;
(13) No newsracks or drop-boxes shall be placed, installed, used or maintained:
(a) Within three feet of any marked crosswalk;
(b) Within 12 feet of the curb return of any unmarked crosswalk;
(c) Within five feet of any fire hydrant or other emergency facility;
(d) Within five feet of any driveway;
(e) At any location whereby the clear space for the passageway of pedestrians is reduced to less than five feet;
(f) Within three feet of or on any public area improved with lawn, flowers, shrubs or trees or other landscaping; and
(g) Within two and one-half feet from the back of street curbs.
(14) No newsracks shall be placed, installed, used or maintained within 300 feet of any other newsrack. No drop-boxes shall be placed, installed, used or maintained within 300 feet of any other drop-box;
(15) In the event a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned, and may be removed immediately and processed as unclaimed property; and
(16) Placement of newsracks and drop boxes in a public right-of-way shall require a zoning permit and hold harmless agreement issued by the Building and Engineering Department.
(Prior Code, App. A, § 2409) (Ord. 1277, passed 4-2-2007)