Chapter 13.92
NEWSRACKS

Sections:

13.92.010    Findings adopted.

13.92.020    Definitions.

13.92.030    Applicability.

13.92.040    Permit required.

13.92.050    Permit application—Fee—Terms—Issuance.

13.92.060    Indemnification—Liability insurance.

13.92.070    Replacement of single publication newsracks—Permitted types of newsracks.

13.92.080    Location of newsracks—Display.

13.92.090    Congestion control—Allocation of space.

13.92.100    Costs—Maintenance.

13.92.110    Obstruction of public right-of-way prohibited.

13.92.120    Authority of director—Enforcement authority.

13.92.130    Appeals from a grant, denial, or revocation of permit or conditions.

13.92.140    Removal and impoundment of newsracks—Redemption fee.

13.92.150    Penalty for violations of this chapter.

13.92.160    Nonconforming newsracks.

13.92.170    Supplemental provisions.

13.92.010 Findings adopted.

The findings set forth in the recitals in the ordinance codified in this chapter are hereby adopted and incorporated by reference. Further, the city council specifically finds that the regulation of the placement and appearance of newsracks in the city is a valid exercise of police power. (Ord. 3195-10 § 1, 2010)

13.92.020 Definitions.

The words and phrases used in this chapter shall have the following meanings, unless the context clearly requires otherwise:

A.    “Abandoned” means a single-unit or multiple-unit newsrack that (1) has been documented by the city as not having had its contents changed or replenished by the newsrack user within sixty days or (2) the permit holder has not responded within thirty days to a written request from the city for the newsrack’s removal, adjustment or relocation. For a multiple-unit newsrack, all units of the newsrack must have been documented by the city as not having had their contents changed or replenished by the newsrack user within sixty days.

B.    “Central business district” means the B-3 zone as designated by EMC Title 19.

C.    “City” means the city of Everett, its officers, employees, and agents.

D.    “Equivalent” means any newsrack of the same size, dimensions, and style of the newsrack that is the current industry standard.

E.    “Director” means the public works director or designee.

F.    “Newsrack” means any self-service or coin-operated box, container, storage unit or other dispenser used for the display, sale, or other distribution of a newspaper, periodical, or other printed material. The term “newsrack” includes one or more newsracks physically connected or joined to one or more other newsracks in a multiple-unit configuration.

G.    “Planter strip” means any of the following areas, whether planted or not:

1.    The area between the sidewalk and the curb of the street;

2.    The area between the sidewalk and the property line;

3.    The area between the edge of the roadway and the property line, where there is no sidewalk; or

4.    The area in a roadway not intended for travel, such as a median.

H.    “Public right-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes, whether or not the land has been improved or accepted for maintenance by the city. “Public right-of-way” includes but is not limited to streets, roadways, planter strips, and sidewalks. (Ord. 3195-10 § 2, 2010)

13.92.030 Applicability.

This chapter applies to all newsracks located in the city on public right-of-way in the central business district. This chapter does not waive or eliminate any permit or approvals required by the city, state or federal law, or other regulations that might be applicable, except that a permit otherwise required by the city for use of city right-of-way is not required for a newsrack installed in compliance with this chapter. (Ord. 3195-10 § 3, 2010)

13.92.040 Permit required.

No person may place, install or maintain a newsrack on the public right-of-way without first obtaining a one-time permit from the director for each newsrack placed, installed, or maintained on a public right-of-way. (Ord. 3195-10 § 4, 2010)

13.92.050 Permit application—Fee—Terms—Issuance.

A.    Application. A person who wishes to place, install, or maintain a newsrack on a public right-of-way must submit a complete application for a permit to the director on a form provided by the city. The form may include all newsracks of the applicant and must include or be accompanied by the following:

1.    The name, street address, and telephone number of the applicant, who must be the owner or the person responsible for the newsrack and its compliance with this chapter.

2.    The name, street address and telephone number of a person whom the city may notify or contact at any time concerning the applicant’s newsrack.

3.    The number of newsracks for which permits are sought, each newsrack’s dimensions, how each newsrack will be anchored, and the proposed location of each newsrack shown on a drawing.

4.    If the newsrack is a multiple-unit configuration, the number of publication spaces it will contain.

5.    Any completed documents or forms necessary to comply with Section 13.92.060.

B.    Access. A permit holder of a multiple-unit newsrack must allow the use of an available unit on a first-come, first-served basis. A permit holder may not allow one publication to occupy more than one unit per multiple-unit newsrack if such occupancy acts to exclude other publications from the use of the multiple-unit newsrack.

C.    Fees. A permit holder of a multiple-unit newsrack may charge a fee for the use of a unit of such newsrack, but under no circumstances may such fee exceed the permit holder’s actual cost of purchasing, installing, and maintaining such unit.

D.    Permit Conditions. Any permit issued pursuant to this chapter will require the permit holder to conform to the requirements of this chapter, whether or not such condition is expressly stated on the permit.

E.    Permit Issuance. The director shall issue a permit within thirty days of receiving a completed application if the applicant has met the requirements of this chapter. A permit issued pursuant to this chapter is property of the city and cannot be reassigned, transferred, or otherwise given by a permit holder to another.

F.    Denial or Revocation of Permit. The director may deny or revoke a permit issued pursuant to this chapter if a condition of this chapter is not met.

G.    Notification. The director shall provide written notification to the applicant and to all property owners within ten feet of the location of the proposed newsrack of the director’s decision to deny, grant, or revoke a permit under this chapter within thirty days of making such decision. If the decision is to grant or deny a permit, the director shall provide such written notification within thirty days of receiving a completed application under this section. Notification will be by first class mail. (Ord. 3195-10 § 5, 2010)

13.92.060 Indemnification—Liability insurance.

A.    Indemnification. To the extent permitted by applicable law, every holder of a permit issued pursuant to this chapter shall agree to indemnify and hold harmless the city, its officers, agents and employees from and against any and all claims, demands, actions, losses, damages, costs, liens and judgments, including without limitation claims, demands, actions, losses, damages, costs, liens and judgments for death or injury to any person or damages to property, arising out of or relating to the permit holder’s placement, operation or maintenance of any newsrack authorized under this chapter. Such agreement shall be on a form approved by the city and signed by both parties prior to the issuance of a permit.

B.    Liability Insurance. Prior to the issuance of a permit to place a newsrack on a public right-of-way, permit applicants shall provide the director with a certificate of commercial general liability insurance with limits no less than five hundred thousand dollars each occurrence and five hundred thousand dollars in the general aggregate, as well as an additional insured endorsement naming the city as an additional insured under the permit applicant’s commercial general liability insurance policy. Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the certificate of commercial general liability insurance. (Ord. 3195-10 § 6, 2010)

13.92.070 Replacement of single publication newsracks—Permitted types of newsracks.

A.    Replacement of Single Publication Newsracks. The city may require the replacement of single newsracks, located in a public right-of-way, with multiple-unit newsracks wherever it deems appropriate.

B.    Permitted Types of Newsracks. A single newsrack not located in the same city block and on the same side of the street as another newsrack must have a flat top and be a model that is consistent with current industry standards for single newsracks. Wherever there are two or more newsracks located in the same city block and on the same side of the street, all must be grouped in a single, multiple-unit configuration, must have a flat top and be a model that is consistent with current industry standards for multiple-unit newsracks. On the effective date of the ordinance codified in this chapter, the current industry standard for multiple-unit newsracks is model number 49-16, and for single newsracks is model number TK-80.

1.    There must not be more than two units in a multiple-unit newsrack stacked on top of one another.

2.    The number of publications per dispensing unit may vary.

3.    The color of each dispensing unit must be “RAL 6012, Black Green.” A sample is available at the public works service center or the city clerk’s office.

4.    The color of the pedestal must be black.

5.    The dimension of a single- or multiple-unit newsrack must comply with federal and state accessibility regulations (Americans with Disabilities Act, etc.). (Ord. 3195-10 § 7, 2010)

13.92.080 Location of newsracks—Display.

A.    Unless otherwise directed by the director, all newsracks in a public right-of-way shall align parallel with the curb, allow at least five feet of clear sidewalk space for pedestrian passage, be detectable by pedestrians using canes for guidance; and able to withstand strong winds. Newsracks should be aligned parallel with each other when more than one newsrack is at the same location.

B.    A newsrack must not:

1.    Be placed or maintained so as to obstruct or impair the use of any crosswalk, wheelchair ramp, driveway, hydrant, or city emergency facility, or be less than twenty-four inches from the curb face.

2.    Be placed less than three feet from the sides and back of any fire hydrant or placed so that any part of it obstructs the front of any fire hydrant.

3.    Impair loading at any bus, taxi, passenger, or truck loading zone; hinder egress to parked vehicles in marked parking stalls; obstruct sight lines of motorists at an intersection; orient toward the roadway; or obscure any regulatory sign.

4.    Be fastened to any city street elements, including but not limited to street signs, bus stop poles, fire hydrants, parking meters, utility poles, street light poles, planters, trees, or the like except for facilities expressly designed for affixing newsracks.

5.    Conflict with design policies adopted for historical and special review districts.

6.    Conflict with a rule, regulation, or design standard adopted by the city.

7.    Display any advertising, but publications using a single newsrack or a unit of a multiple-unit newsrack may place names, logos, or other identifying information on its newsrack or newsrack unit so long as said information does not cover more than fifty percent of the surface of the single newsrack or newsrack unit. All publications must affix a notice to the newsrack or newsrack unit listing the name and address of the distributor and a working telephone number. (Ord. 3195-10 § 8, 2010)

13.92.090 Congestion control—Allocation of space.

A.    The director shall determine how many publication units will be allowed in a multiple-unit newsrack at a specific location. To determine this number, the director shall consider the requirements of Section 13.92.080 together with the current congestion of the location and the congestion that will be created by a multiple-unit newsrack. Unless allowed as a condition of a permit issued under this chapter, the number of publication units in a multiple-unit configuration may not exceed the director’s determination.

B.    As long as the requirements of Section 13.92.080 are not violated, the director may defer enforcing the congestion control criteria of subsection A of this section at a given location until a complaint is made by a publisher, distributor, property owner, or member of the public.

C.    If a complaint of noncompliance with subsection A of this section is made, or an application for a permit that does not comply with subsection A of this section is submitted, the director shall determine whether the totality of newsracks presents a conflict with the requirements of this chapter. If no such conflict is evident, or the director has determined by using the guidelines in this chapter that the placement represents a reasonable accommodation furthering the overall public interest, the director shall summarize such a finding in writing and issue a permit for such proposed newsrack.

D.    In determining whether to issue or deny a permit for a proposed newsrack under this section, the director shall consider whether there is a satisfactory alternate location for such newsrack in the vicinity or whether no such location exists. When necessary, allocations of space for newsracks at particular locations as provided herein shall be made in a manner which:

1.    Offers the public convenient access to all publications, whether of large or small circulation;

2.    Provides all publishers a reasonable representation of their newsracks in public rights-of-way;

3.    Provides opportunity for placement of newsracks for new publications;

4.    Encourages efficient use of space through attractive multiple-unit newsracks; and

5.    Minimizes hardship to applicants denied permits. (Ord. 3195-10 § 9, 2010)

13.92.100 Costs—Maintenance.

A.    The costs of installation, replacement, removal, and relocation of newsracks shall be at the sole expense of the permit holder for a newsrack. Upon removal of any newsrack, the permit holder shall, at his or her sole expense, cause the public right-of-way to be cleaned and repaired to a condition in conformity to the surrounding area. Upon failure of the permit holder to clean and/or make such repairs, the work may be done by the city and charged to the permit holder.

B.    All newsracks shall be maintained at all times in good repair and in a safe condition. Maintenance costs will be the sole responsibility of the permit holder and will include all costs to repair any damage, including, but not limited to, damage due to vandalism. Regardless of the generality of the foregoing, all newsracks shall be maintained and serviced so that:

1.    They are reasonably free of dirt, grease, and graffiti;

2.    They are reasonably free of chipped, cracked, peeling, rusted, or fading paint in visible areas of the newsrack;

3.    The clear plastic or glass is free from cracks, blemishes, discolorations, and dents;

4.    The structural parts are not broken or unduly misshapen; and

5.    The paper or cardboard parts are not torn, ripped, or faded. (Ord. 3195-10 § 10, 2010)

13.92.110 Obstruction of public right-of-way prohibited.

Nothing in this chapter may be construed to limit the responsibility of a permit holder under this chapter to use reasonable care to ensure that its special use of a public right-of-way does not in any way render the sidewalk unsafe for ordinary use. Further, nothing in this chapter shall be construed to constrain the city’s ability to require the removal of any object that is creating an obstruction or otherwise hindering free movement upon a public right-of-way. (Ord. 3195-10 § 11, 2010)

13.92.120 Authority of director—Enforcement authority.

A.    The director is authorized to:

1.    Adopt rules and regulations consistent with the terms of this chapter and reasonably necessary to implement the provisions of this chapter, including:

a.    The impoundment of abandoned newsracks or newsracks placed, installed or maintained in violation of permit conditions or the provisions of this chapter;

b.    Rules that establish the locations of newsracks within the city so that this chapter can be implemented in a manner consistent with other policies, regulations, or programs for use of the public right-of-way;

2.    Implement a schedule of fees relating to this chapter, including permit fees, impoundment fees, and fees for the storage of impounded newsracks;

3.    Dispose of, as abandoned property, any impounded newsrack that is not claimed by the permit holder or other responsible person within thirty days; and

4.    Where known, recommend to publishers any modular newsracks that comply with the standards of Section 13.92.070.

B.    The director, city code enforcement officers, or both are authorized to enforce this chapter. (Ord. 3195-10 § 12, 2010)

13.92.130 Appeals from a grant, denial, or revocation of permit or conditions.

A.    Any appeal from the director’s decision to grant, deny, or revoke a permit, impose conditions on a permit, or to impound a newsrack must be filed with the city clerk within ten calendar days from the date that the aggrieved party is notified of said decision. The aggrieved party’s appeal must state the basis of the appeal, including references to relevant documents, and attach any relevant documents in the aggrieved party’s possession that the aggrieved party reasonably believes supports his or her appeal.

B.    The city’s hearing examiner shall have jurisdiction over any appeal under subsection A of this section. An aggrieved party’s appeal shall be deemed to be a Review Process IIIA action subject to the provisions of Chapter 15.16. (Ord. 3195-10 § 13, 2010)

13.92.140 Removal and impoundment of newsracks—Redemption fee.

A.    Any newsrack located within any public right-of-way within Everett that is abandoned or violates a requirement of this chapter is hereby declared to be an unlawful obstruction and may be summarily impounded by the city. If impounded, the newsrack shall be removed to a temporary storage site of the city’s choosing. An owner may recover an impounded newsrack by paying the impound fee at the office of the city clerk. No fee shall be required for release of newspapers or other printed materials.

B.    If the city can reasonably identify the permit holder or other responsible person of a newsrack, either by permit application or otherwise, the city will enforce this chapter pursuant to Section 13.92.150 prior to impounding a newsrack.

C.    Regardless of subsections A and B of this section, the city may summarily impound a newsrack without notice if the newsrack poses an immediate danger to pedestrians or vehicles. If the city can reasonably identify the permit holder or other responsible person for the newsrack, the city shall notify the permit holder or other responsible person in writing, by first class mail, of the summary removal, within ten days of such removal.

D.    The city may dispose of an impounded newsrack if, within thirty days of impoundment, the permit holder or other responsible person has not claimed the newsrack and paid the impound fee.

E.    Fees for impounding a newsrack shall be measured by the city’s cost and expense of impounding. (Ord. 3195-10 § 14, 2010)

13.92.150 Penalty for violations of this chapter.

A.    Enforcement of the provisions of this chapter will be performed in accordance with Chapter 1.20.

B.    No person or entity may violate or fail to comply with any provisions of this chapter. Each person or entity commits a separate offense for each and every day they commit, continue, or permit a violation of any provision of this chapter.

C.    Any violation of this chapter is hereby declared to be a nuisance. The city attorney is authorized to file for injunctive or other civil relief in any court of competent jurisdiction. The cost of such action shall be borne against the violator. (Ord. 3195-10 § 15, 2010)

13.92.160 Nonconforming newsracks.

The owner of a newsrack that does not conform to this chapter, but that lawfully existed before this chapter went into effect, shall remove it or conform it to this chapter within twenty-four months of the effective date of the ordinance codified in this chapter. If a permit applicant requests a reasonable extension of time, for a defined period of time, to conform to this chapter for cause, the director shall not unreasonably deny such request. (Ord. 3195-10 § 16, 2010)

13.92.170 Supplemental provisions.

The provisions of this chapter are intended to augment the other provisions of the Everett Municipal Code. Whenever the provisions of this chapter impose a greater restriction upon persons, premises, or practices than are imposed by other provisions of the Everett Municipal Code, the provisions of this chapter shall control. (Ord. 3195-10 § 17, 2010)