Chapter 31
NEWS RACKS
Sections:
5-31.01 Projection into roadways prohibited.
5-31.02 Obstructions prohibited.
5-31.04 Identification of owners.
5-31.05 Public nuisance abatement.
5-31.01 Projection into roadways prohibited.
It shall be unlawful for any person to install, use, or maintain any news rack which projects 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 a roadway.
(§ 1, Ord. 628-84 C-M, eff. February 23, 1984)
5-31.02 Obstructions prohibited.
It shall be unlawful for any person to install, use, or maintain any news rack 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 utility purposes, public transportation purposes, or other governmental use, or when such news rack unreasonably interferes with or impedes the flow of pedestrian 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 poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the location, or when such news rack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
(§ 1, Ord. 628-84 C-M, eff. February 23, 1984)
5-31.03 Placement standards.
Any news rack which, in whole or in part, rests upon, in, or over any sidewalk or parkway shall comply with the following standards:
(a) No news rack shall exceed five (5') feet in height, thirty (30") inches in width, or two (2') feet in depth.
(b) News racks shall only be placed near a curb or adjacent to the wall of a building. News racks placed near the curb shall be placed not less than eighteen (18") inches nor more than twenty-four (24") inches from the edge of the curb. News racks 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 news rack shall be placed or maintained on a sidewalk or parkway opposite a newsstand or another news rack.
(c) Without first obtaining the consent of the property owner, no news rack shall be chained, bolted, or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object.
(d) News racks may be chained or otherwise attached to one another; however, no more than three (3) news racks may be joined together in such manner, and a space of not less than eighteen (18") inches shall separate each group of three (3) news racks so attached.
(e) No news rack, or group of attached news racks as allowed by subsection (d) of this section, shall weigh, in the aggregate, in excess of 125 pounds when empty.
(f) No news rack shall be placed, installed, used, or maintained:
(1) Within three (3') feet of any marked crosswalk;
(2) Within fifteen (15') feet of the curb return of any unmarked crosswalk;
(3) Within three (3') feet of any fire hydrant, fire call box, police call box, or other emergency facility;
(4) Within three (3') feet of any driveway;
(5) Within three (3') feet ahead of and fifteen (15') feet to the rear of any sign marking a designated bus stop;
(6) Within three (3') feet of any bus bench;
(7) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6') feet; or
(8) Within three (3') feet of any area improved with lawn, flowers, shrubs, or trees, or within three (3') feet of any display window of any building abutting the sidewalk or parkway, or in such a manner as to impede or interfere with the reasonable use of such window for display purposes.
(g) No news rack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.
(h) Each news rack shall be maintained in a clean and neat condition and in good repair at all times.
(§ 1, Ord. 628-84 C-M, eff. February 23, 1984)
5-31.04 Identification of owners.
Every person who places or maintains a news rack on the streets of the City shall have his name, address, and telephone number affixed thereto in a place where such information may be easily seen.
(§ 1, Ord. 628-84 C-M, eff. February 23, 1984)
5-31.05 Public nuisance abatement.
Any news rack installed, used, or maintained in violation of any of the provisions of this chapter shall be subject to abatement as a public nuisance as provided in Chapter 17 of this title.
(§ 1, Ord. 628-84 C-M, eff. February 23, 1984)
5-31.06 News rack defined.
For the purposes of this chapter, “news rack” shall mean a framework or stand in which to hold or display various newspapers or periodicals for sale to the public.
(§ 1, Ord. 628-84 C-M, eff. February 23, 1984)