A. The uncontrolled placement of newsracks in public right-of-way presents an inconvenience and danger to the safety and welfare of persons using such right-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control, and emergency services.
B. Newsracks so located as to cause an inconvenience or danger to persons using the public right-of-way, and any unsightly newsracks located therein, constitute public nuisances.
C. The uncontrolled proliferation of newsracks detracts from the appearance of streets, sidewalks, and adjacent businesses.
D. The uncontrolled placement of newsracks may inhibit safe entry and departure of vehicles, both public and private.
E. The uncontrolled placement of newsracks impairs the vision and distracts the attention of motorists and pedestrians, particularly small children, and may cause injury to the person or property of such persons.
F. The placement of newsracks without a permit based on the detailed findings in public rights-of-way adjacent to residential areas detracts from and reduces neighborhood aesthetics, and it increases the exposure of residents to noise, traffic volume and hazards, and congestion.
G. The uncontrolled placement of newsracks increases the civil exposure of the city to personal injury and property damages claims.
H. City-controlled placement of newsracks provides for and maintains the freedom of speech and press for newspapers and news periodicals using dispensing devices for distribution purposes.
I. The ordinance codified in this chapter is enacted in pursuance of, and for the purpose of, securing and promoting the public safety and general welfare of persons in the city in their use of public rights-of-way. (Ord. 169 § 1, 1997)