§ 34-35. Placement and location of newsracks.

(a)

A person may not install, place, use, or maintain a newsrack on a portion of a right-of-way on which a motor vehicle may operate.

(b)

A person may not install, place, use, or maintain a newsrack on any right-of-way if the newsrack:

(1)

Endangers public safety;

(2)

Interferes with public utility, public transportation, or other governmental use; or

(3)

Interferes with or impedes:

a.

Pedestrian or vehicular traffic;

b.

The ability to fully open a door to any building;

c.

The loading or unloading of passengers from a bus or light rail vehicle;

d.

Access to a legally parked or stopped vehicle; or

e.

Emergency access to a building or property by the police department, the fire department, or emergency medical services;

(4)

Reduces the clear, unimpeded passage for pedestrians on a sidewalk to less than five (5) feet or as required by ADA Accessibility Guidelines, whichever is greater;

(5)

Is located within:

a.

Any median or traffic island;

b.

A visibility triangle;

c.

Three (3) feet of:

1.

Any fire hydrant, fire department inlet connection, fire protection control valve, traffic sign or signal box, emergency call box, or other emergency facility;

2.

Marked pedestrian crosswalk or the curb return of any unmarked crosswalk;

3.

A designated handicapped parking space or handicapped ramp facility;

4.

Any parking meter, bench, kiosk, trash receptacle, tree well, utility pole, signal pole, sign pole, stand pipe, or control cabinet;

5.

Any area of flowers or shrubs or similar landscaping or on such landscaping;

6.

Any commercial window display;

7.

Mailboxes or traffic signs or signals;

8.

An underground utility vault, manhole, or other sidewalk underground access location or in such a manner as to block or cover any portion of these accesses; or

d.

Five (5) feet of:

1.

A curb face or pavement edge of any public street or roadway open to motor vehicular traffic;

2.

Any transit shelter, bench, or ticketing equipment of a designated bus stop or light rail station. The distance requirement shall be measured from the roof of any transit shelter, the edge of any bus bench, or the pole sign for any designated bus stop; or

3.

Any alley, loading zone, disabled ramp, or curb cut; or

e.

Twenty (20) feet of both sides of visual public art work created, funded, or managed by the city including, but not limited to, murals, sculptures, and fountains.

(c)

If the sidewalk is larger than ten (10) feet in width, a person shall place the newsrack along the sidewalk edge that is furthest from the curb face or pavement edge such that the back of the newsrack is within no more than two (2) feet from the sidewalk edge.

(d)

A newsrack requiring a permit under this article may be placed on the grassed area of a right-of-way adjacent to a sidewalk when placement of the newsrack on the sidewalk would reduce clear passage for pedestrians in violation of subsection (b)(4), provided that the newsrack's placement complies with all other provisions of this section. In such case, the applicant, publisher, or distributor commits an offense if he allows or permits the grass or weeds to grow to a height higher than ten (10) inches in the area around the base of the newsrack that forms a one-foot radius of the base.

(e)

In the event the city must expand or otherwise reconfigure the right-of-way or make improvements thereto to improve the adjacent street, sidewalk, or for other public purpose, any and all newsracks displaced by such improvements shall be removed by the permittee at the permittee's sole cost and expense and in accordance with the instructions of the city. Wherever possible, and only in accordance with the requirements of this article, the city shall attempt to allow the relocation of any newsracks displaced as provided herein to the newly reconfigured right-of-way without additional permit fee; provided, however, where such right-of-way will no longer accommodate newsracks in accordance with the requirements of this article, the city shall not be obligated to provide alternative or other sites for such displaced newsracks.

(Ord. No. 2009-9129, § 2, 10-22-09)