Chapter 7.72


7.72.010    Purpose, policy and standards.

7.72.020    Definitions.

7.72.030    Mandatory requirements.

7.72.040    When permits not required.

7.72.050    When permits are required and may be issued.

7.72.060    Newsstand congestion control.

7.72.070    Integration of newsstands into structures.

7.72.080    Permit issuance—Special circumstances.

7.72.090    Owner’s name and address affixed to newsstand.

7.72.100    Impoundment—Redemption fee.

7.72.110    Review procedure.

7.72.120    Administration of chapter.

7.72.130    Pilot modular unit program.

7.72.010 Purpose, policy and standards.

This chapter shall be interpreted and implemented in a manner to:

(1)    Enable the public to acquire a wide variety of publications with a diversity of news, information, ideas and opinions at convenient locations and public places;

(2)    Facilitate the distribution of publications in public places as contemplated by Article 1, Section 5 of the Constitution of the State of Washington and the First Amendment of the United States Constitution;

(3)    Maintain the use of city streets and other public rights-of-way for travel and transportation and incidental authorized purposes and to retain the use of other public places for the purposes established;

(4)    Consider the interests of owners and occupants of property adjacent to public rights-of-way and public places while respecting the rights of all users thereof;

(5)    Preserve the appearance of public rights-of-way and public places, carry out design controls in areas subject thereto, encourage improvements that make public places more pleasing and promote the use of modern aesthetic newsstands in congested areas.

The foregoing statement of purpose and policy shall guide the city in determining the overall public interest in regulating the placement, construction, maintenance, size and appearance of newsstands. (Ord. 2970 § 1, 1986)

7.72.020 Definitions.

For the purposes of this chapter:

(1)    “City” means the Kirkland city manager or by delegation, the director or other designated employee of the department of public works, acting in consultation with the director or other designated employee of the planning and building department.

(2)    “Downtown Business Area” means that area within the city of Kirkland north of Second Avenue South, west of I-405, south of Seventh Avenue and east of Lake Washington.

(3)    “Modular unit” means newsstands meeting the following specifications: An integrated combination of newsstands containing four boxes, and with overall outside dimensions not greater than forty-eight and one-half inches in width, seventeen and three-sixteenths inches deep and fifty-two inches in height. Modular units meeting the requirements of this ordinance include: SHO-RACK or Berkeley Small components identified as follows: box: K-49-16; tray: MB # 2; pedestal: MP # 1.

(4)    “Newspaper” means any newspaper or similar periodical or publication designed to provide information of either a general or special nature to the general public or any segment thereof.

(5)    “Newsstand” includes any box for storage, display, sale and/or other distribution of newspapers to the general public.

(6)    “Publisher” means any person, corporation or other business entity engaged in the business of newspaper publication and circulation for sale or other distribution to the general public. (Ord. 4491 § 3 (part), 2015; Ord. 2970 § 2, 1986)

7.72.030 Mandatory requirements.

All newsstands and modular units within a public right-of-way or other public place shall be situated in a specific location marked by the city, shall provide adequate clear sidewalk space for pedestrian passage, be detectable by pedestrians using canes for guidance and be maintained in a safe condition able to withstand strong winds and in good repair at all times. All newsstands and modular units shall be blue and in a shade established by the city. (Ord. 2970 § 3, 1986)

7.72.040 When permits not required.

Except as otherwise. provided in Sections 7.72.050 and 7.72.060, publishers may place newsstands in public places without a permit. Modular units in number and location as specified in subsections (1) and (2) of Section 7.72.060, are allowed without permit, provided such modular units otherwise conform to the requirements of Sections 7.72.030, 7.72.050 and 7.72.060. (Ord. 2970 § 4, 1986)

7.72.050 When permits are required and may be issued.

Without a permit from the city, no newsstand shall:

(1)    Be placed or maintained so as to obstruct the use of any crosswalk, wheelchair ramp, driveway, hydrant or city emergency facility; or more than four feet or less than eighteen inches from the curb;

(2)    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;

(3)    Be fastened to any Metro facility, any utility pole or tree or be permanently affixed to or removed after affixation from the surface of any public place;

(4)    Contain advertising other than that which relates exclusively to the publication or publications sold, or be used for purposes other than sale of such publication;

(5)    Permitted advertising shall be in the form of screening of letters and/or logos on one face of the newsstand and shall not occupy more than twenty-five percent of the face of the newsstand;

(6)    Exceed the size limitations established or authorized by this chapter;

(7)    Conflict with any design policies adopted for historical and/or special review districts, or be placed within two hundred feet of the limits of a street improvement that provides for integration of newsstands into structures located therein;

(8)    Conflict with any rule or regulation adopted by the city, pursuant to Section 7.72.090. (Ord. 2970 § 5, 1986)

7.72.060 Newsstand congestion control.

Without a permit from the city, no newsstand nor modular unit shall be placed within two hundred feet of any corner or other location having four or more newsstands or one or more modular units, nor within two hundred feet of the following specific locations, where approved modular units are required:

(1)    Locations where two modular units are permitted:

a.    Northwest corner of Lake Street and Kirkland Avenue;

b.    Mid-block on the south side of Park Lane between Lake Street and Main Street;

c.    West side of Lake Street in front of “Moss Bay Building”;

d.    Third Street at Park Lane (Metro Transit Center),

(2)    Locations where one modular unit is permitted:

a.    Mid-block on the east side of Lake Street between Kirkland Avenue and Second Avenue South;

b.    East side of Lake Street between Kirkland Avenue and Second Avenue South at “Moss Bay Commons Building”;

c.    Southwest corner of Lake Street and Kirkland Avenue;

d.    Mid-block on north side of Kirkland Avenue between Lake Street and Main Street. (Ord. 2970 § 6, 1986)

7.72.070 Integration of newsstands into structures.

It shall be the policy of the city of Kirkland to consider the location of newsstands and the practicality of integrating newsstands into structures being erected in the planning for projects in the central business district involving the construction or reconstruction of a substantial segment of sidewalk or other open area for pedestrian use and to utilize such integrated structures wherever practical in such areas and wherever appropriate, to encourage the replacement of single publication newsstands with attractive modular units. (Ord. 2970 § 7, 1986)

7.72.080 Permit issuance—Special circumstances.

The city may issue a permit to allow the location of a newsstand restricted by Section 7.72.060 or by subsections (1) through (7), inclusive, of Section 7.72.050 whenever the same constitutes a reasonable accommodation that furthers the overall public interest. If application is made for a permit under this chapter, the city shall determine whether the totality of newsstands at such location will conflict with the restrictions of Section 7.72.060 or subsections (1), (2), (3) or (7) of Section 7.72.050; and if not, or if the city finds that the proposed newsstand together with the pre-existing newsstands represent a reasonable accommodation furthering the overall public interest, the city may issue a permit for such proposed newsstand. If the newsstands at said location are not already integrated into a modular unit, then the city may require as a condition of such permit the integration of all newsstands at said location into a modular unit. (Ord. 2970 § 8, 1986)

7.72.090 Owner’s name and address affixed to newsstand.

Every newsstand and modular unit located within any public right-of-way or public place shall have the name, address and telephone number of the owner or other responsible party affixed thereto in a place where it may be easily seen. (Ord. 2970 § 9, 1986)

7.72.100 Impoundment—Redemption fee.

From and after November 15, 1986, any newsstand located within any public right-of-way or other public place within the downtown business area which does not conform to the requirements of this chapter is hereby declared to be an unlawful obstruction and may be summarily impounded by the city. If impounded, the newsstand shall be removed to the city hall for temporary storage. An owner may recover an impounded newsstand at the city hall by first paying the impound fee. No fee shall be required for release of newspapers without the newsstand.

Fees for impounding a newsstand shall be measured by the city’s cost and expense of impounding or thirty-five dollars, whichever is greater. (Ord. 2970 § 10, 1986)

7.72.110 Review procedure.

Any person or publisher aggrieved by the placement of a newsstand or modular unit in any public right-of-way or other public place or by any action of the city taken pursuant to this chapter, including the granting or denying of a permit or the impounding of a newsstand, may seek review thereof by promptly filing a notice with the planning and building department identifying the action taken, the objections made thereto and requesting a review thereon. The planning and building department shall conduct such review utilizing the procedures of Process I established in Chapter 145 of Ordinance 2740. The decision of the planning and building director shall be final and conclusive. (Ord. 4491 § 3 (part), 2015; Ord. 2970 § 11, 1986)

7.72.120 Administration of chapter.

The city is hereby authorized to adopt administrative rules and regulations for implementation and administration of this chapter. (Ord. 2970 § 12, 1986)

7.72.130 Pilot modular unit program.

As a pilot or demonstration, the city of Kirkland will fund and install two four-newsstand modules at the northwest corner of Kirkland Avenue and Lake Street. The newsstands will be provided at no charge to a limited number of publishers. All publishers who currently have a newsstand at this location shall be given priority to move on a randomly assigned space into the newsstands integrated into the modules provided by the city. Any newsstands remaining shall be offered to other publishers on a first come, first served basis. The allocation of the locations in these integrated units shall occur prior to installation so that the appropriate names or identifications may be placed on the face of the newsstands by the publisher. Installation of the pilot program modules shall take place on or before November 15, 1986. Thereafter, maintenance and upkeep of the modules and the newsstands integrated therein shall be the responsibilities of the publishers to whom said newsstands have been assigned. (Ord. 2970 § 13, 1986)