A. Each newsrack shall comply with the following:
1. The newsrack shall not exceed 60 inches in height, 30 inches in width, and 24 inches in depth.
2. Each newsrack which requires the deposit of money to obtain the publication shall be equipped with a coin return mechanism to permit persons using the machine to secure an immediate refund in the event they are unable to receive the publication paid for. The coin return mechanism shall be maintained in good working order.
3. Each newsrack shall have affixed to it in a place readily visible to anyone using the newsrack a notice setting forth the telephone number of a working telephone service to be used to report a malfunction or obtain a refund.
4. (Reserved).
5. The design shall not create a danger to the persons using the newsrack in a reasonably foreseeable manner.
6. No written communication shall be placed on any newsrack except that which identifies the publication contained within the newsrack.
B. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. For example, without limitation, the newsrack shall be reasonably free of dirt and grease, be reasonably free of chipped, faded, peeling or cracked paint, be reasonably free of rust and corrosion, have no broken or cracked plastic or glass parts, and have no broken structural parts.
C. Allowing a newsrack to remain empty for a period of 30 continuous days establishes a rebuttable presumption of abandonment and provides a basis for terminating the permit in accordance with this title.
D. Newsracks shall be located so as to protect the public convenience and safety, both as to accessibility to the newsrack and the use of the public right-of-way.
E. No newsrack shall be placed such that:
1. It is in whole or in part in any roadway.
2. When placed near a curb, the portion facing the curb is closer than 18 inches or more than 24 inches from such curb.
3. When placed near the edge of a roadway, the portion facing the roadway is closer than 18 inches or more than 24 inches from such roadway.
4. When placed adjacent to the building, the portion facing the building is more than six inches from such building.
5. It is directly in front of any display window abutting a sidewalk, except near the curb.
6. It is within five feet of any driveway or marked crosswalk.
7. It is within 10 feet of the curb return of any unmarked crosswalk.
8. It is within five feet of fire hydrant, fire alarm box, or other emergency facility.
9. It is less than five feet ahead or 15 feet to the rear of any sign marking a designated bus stop.
10. It is within five feet of the edge of any bus bench.
11. It is three feet of the edge of any separately paved bus landing.
12. It is in any location which reduces to less than six feet the clear space for the pedestrian passageway.
F. Newsracks may be placed next to each other. However, no group of newsracks placed along a curb shall extend for a distance of more than eight feet. Further, one group of newsracks shall be no closer than four feet to another group of newsracks.
G. The issuing authority may authorize departures from the standards and regulations prescribed herein to allow a permittee access to and utilization of a particular site, consistent with the public convenience and safety.
H. The issuing authority shall approve those locations where newsracks can be located consistent with the public convenience and safety and may propose regulations, in addition to the standards contained in this chapter, consistent with the protection of the public convenience and safety. Those regulations shall be effective upon adoption by resolution of the City Council.
I. The City Council may authorize the purchase, construction, maintenance and replacement of City-owned common supporting structures to be furnished to permittees as sites for permittees’ newsracks. Costs incurred by the City in purchasing, constructing, maintaining or replacing the supporting structures, in addition to any other lawful expenses incurred in administering this chapter, may be included in the permit fee.
J. A permit shall contain provisions deemed necessary by the issuing authority to accomplish the purposes of this chapter.
K. Newsracks do not require approval from the Design Review Commission. (Ord. 1552)
