§ 34-36. Size, appearance, placement, installation, and construction of newsracks.

(a)

A person shall not place, install, or maintain a newsrack on a right-of-way such that it is:

(1)

Greater than five (5) feet in height, thirty (30) inches in width, or two (2) feet in thickness;

(2)

Permanently affixed to any sidewalk, street, or other city property;

(3)

Chained or otherwise attached to another newsrack; or

(4)

Chained or otherwise attached to any kiosk, trash receptacle, street light, utility pole or device, sign pole, stand pipe, fire hydrant, transit shelter, bus bench, bus stop, or to any tree, shrub, or other plant, or other structure other than the newsrack base.

(b)

If multiple newsracks are permitted at the same location, all such newsracks must be placed together in a straight line and abutting adjoining newsracks; however, no group of newsracks shall extend for a distance of more than ten (10) feet. No group of newsracks shall be closer than fifty (50) feet to another group of newsracks on any blockface; no group of newsracks shall contain more than one (1) newsrack of the same publication; and no more than two (2) newsracks on any blockface may dispense the same publication. One (1) publication includes: differing geographic editions of the same publication and daily and Sunday editions of the same publication.

(c)

Any newsrack requiring a permit under this article shall be:

(1)

Installed, maintained, and placed in an upright and secure position and sufficiently weighted to prevent the tipping over of the newsrack;

(2)

Made of solid, metal material that is enclosed on all sides; no plastic, wire, or other open form of newsrack will be permitted;

(3)

Painted or covered with a protective coating, so as to keep it free from rust and graffiti, and shall be cleaned and repaired on a regular basis;

(4)

In a neat and clean condition and in good repair at all times, i.e., reasonably free of dirt and grease; no chipped, faded, peeling, or cracked paint; no rust and corrosion; no broken or cracked plastic or glass parts; and no broken structural parts;

(5)

Constructed, installed, and maintained in a safe and secure condition;

(6)

Kept free of graffiti;

(7)

Free of advertising or signage, except:

a.

A logo of the newspapers, periodicals, magazines, or other publications contained in the newsrack, contained in an area not to exceed six (6) inches high and twenty (20) inches wide, may be placed on the front, back, and/or sides of the newsrack; and

b.

The identifying information regarding the publisher and coin operation required by subsections (c)(7) and (c)(8);

(8)

Affixed with identifying information, which shall contain the name, address, and telephone number of the newsrack owner, publisher of the newspapers, periodicals, magazines, or other publications placed in the newsrack, and, if applicable, any independent distributor authorized to service the publisher. Such information shall be placed in a visible location on the front of the newsrack and shall be legible. The size of the identifying information shall be no larger than three (3) inches by five (5) inches;

(9)

Affixed with one (1) face plate, no larger that four (4) inches by seven (7) inches, on the front or top of the newsrack near the coin-operated mechanism, if applicable, containing only the information indicating the publication's price and the acceptable coin combinations or indicating that the publication is free of charge; and

(10)

In compliance with special district design requirements if located in a special district with an overall design theme that specifies particular colors or materials.

(d)

Any coin-operated newsrack requiring a permit under this article shall:

(1)

Be equipped with a coin-return device to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the paid for publication; the coin-return device shall be maintained in good repair and working order; and

(2)

Display information on how to secure a refund in the event of coin return malfunction. Such information shall be placed in a visible location on the front or top of the newsrack and on one of the signs required by subsections (c)(7) and (c)(8) and shall be legible.

(Ord. No. 2009-9129, § 2, 10-22-09)