HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/01/2008 - SECOND READING OF ORDINANCE NO. 031, 2008, AMENDIN ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: March 18, 2008
FORT COLLINS CITY COUNCIL STAFF: Kelly DlMartlno
Tracy Dyer
SUBJECT
Second Reading of Ordinance No.031,2008,Amending Chapter 23,Article III of the City Code for
the Purpose of Adding a Division Regarding Encroachment Permits for Newsracks.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
On March 4,2008,the City Council adopted on First Reading,Ordinance No.031,2008,pertaining
to newsrack condominiums. The Ordinance presented to the Council on Second Reading has
changed slightly from that which was presented on First Reading. A summary of the changes is
listed below:
• Section 23-97. Due to Code publication restrictions, the map of the "Newsrack
Condominium Area," has been removed from the ordinance and a definition of"Newsrack
Condominium Area"has been added to indicate that the area is shown on a map which will
be kept on file in the Office of the City Clerk. The boundaries of the area have not changed;
• Section 23-100 has been revised to limit the indemnification language to free standing
newsracks and that portion of newsrack condominiums that the publishers are required to
maintain;
• Section 23-101(e)(3)has been revised to clarify that the 300 foot spacing requirement does
not apply to individual newsracks in the same cluster;
• Section 23-101(g) has been revised to clarify that individual newsracks will be allowed
within the downtown boundary until at least nine locations have been designated for
condominiums by the City Manager and the condominiums have actually been installed;after
that, all publications must be included within the condominiums. Language has also been
added to more clearly state the criteria that will be used by the City Manager in determining
condominium locations;
• Section 23-102(a)has been revised to clarify that pay publications will be generally located
in the upper areas of the condominiums to better assist customers in the use of coin boxes,
and beyond that, spaces will still be allocated through a random selection process; and
April 1, 2008 -2- Item No. 16
• Section 23-103(c)(1) has been revised to delete the prohibition against placing newsracks
within the"sight triangle"at street intersections. This change was made at the request of the
Publisher's Coalition. If newsracks within the sight triangle prove to be problematic from
a safety standpoint,Engineering staff will recommend an amendment in the future to address
that concern.
On March 13,the Downtown Development Authority Board of Directors approved funds to purchase
condominiums at three additional locations within the downtown boundary, for a total of 12
locations.
Ordinance No. 031, 2008 was adopted on First Reading on March 4, 2008 by a vote of 4-2. (Nays:
Roy, Troxell; Absent: Brown)
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - March 4, 2008.
(w/o original attachments)
ATTACHMENT 1
ITEM NUMBER: 25
AGENDA ITEM SUMMARY DATE: March 4, 2008
FORT COLLINS CPXP0,UWCI Lr) V FF: Kelly DiMartino
Tracy Dyer
SUBJECT
First Reading of Ordinance No. 031, 2008, Amending Chapter 23, Article III of the City Code for
the Purpose of Adding a Division Regarding Encroachment Permits for Newsracks (Option 1 or
Option 2).
RECOMMENDATION
Staff recommends adoption of Ordinance No, 031, 2008, Option 1,which regulates the placement
of newsracks in the public right-of-way and requires publications to be located in condominiums
within a designated downtown area.
Staff does not support adoptiCrupl
y
tion 2, as developed by the
publishers' coalition.
FINANCIAL IMPACT
This Ordinance will have a limited financial impact on the City of Fort Collins. The Downtown
Development Authority has authorized $100,000, and the City of Fort Collins has designated
$25,000,for the purchase and installation of condominiums in the downtown area. These funds are
sufficient to purchase replacement parts and for limited expansion. Following this initial
investment, Ordinance No. 031, 2008, Option 1 will reduce the amount of staff time required to
maintain newsracks and sidewalks in the downtown area.
Funds have not been identified for the purchase and installation of the corrals that are recommended
in Ordinance No. 031, 2008, Option 2. This option would not change the maintenance burden
currently incurred by the Parks Department.
C 0
EXECUTIVE SUMMARY P
The City's current permit system for encroachments into the public right-of-way does not adequately
address the unique circumstances and challenges related to the regulation of newsracks. In addition,
the downtown community is seeking City assistance in addressing problems with the maintenance
and proliferation of newsracks in the downtown area. At a work session on January 8, 2008, City
Council directed staff to bring forward two options for Council consideration. Option 1 has been
developed and is recommended by City staff,as well as the Downtown Development Authority and
March 4, 2008 -2- Item No. 25
the Downtown Business Association. Option 2 was developed and supported by a coalition of local
publishers.
While both options include simi uir f d maintenance of newsracks
outside the downtown area, thife are i ific d' er ceAvAw the two options would affect
downtown. Option 1 requires blicati to b o e in mo lar newsracks,commonly referred
to as news"condominums,"wit esi d town Condominiums will be provided
in no less than 9 designated locations within that boundary. Option 2 maintains individual
newsracks with the option of placing them in news corals and seeks to expand the number of
existing locations. Locations within the news corrals would be managed by the publishers. In the
event an agreement could not be reached, the decision would come back to the City Manager.
Despite good faith efforts amongst all parties, attempts to find a compromise solution have been
unsuccessful. Staff recommends that Council adopt Option 1 of Ordinance No, 031, 2008 as it
appropriately balances the constitutional issue of free speech, provides ample opportunity to
distribute publications both downtown and throughout the community, addresses the concerns of
Downtown business, and protects the interests of the entire community.
BACKGROUND
ISSUE COPY
In May 2006,the Downtown Business Association(DBA)requested assistance from the City of Fort
Collins in addressing concerns about the appearance and frequent maintenance neglect of the
newsracks in downtown (Attachment 1). Newsracks include boxes which sell newspapers
(Coloradoan, Denver Post, Northern Colorado Business Report, etc.), as well as boxes which
distribute free publications (Thrifty Nickel, Scene, Homes and Land, etc.).
City staff periodically also receives complaints from residents and businesses outside the downtown
area about the growing number of newsracks that are appearing along sidewalks and in other public
rights-of-way.
The existing City Code does not specifically address issues unique to newsracks such as:
• Securing methods—the need to safely anchor the newsracks without tethering to trees,bike
racks or other stationary o ' c s
• Safe offset distances e n eoomnr ri clearance for pedestrians and
motoristsReasonable spacing — n dlPnp
son a distance requirements between
identical publications
• Conditions of maintenance—the need for objective criteria to define appropriate levels of
maintenance (i.e., reasonably free of rust and corrosion, unbroken, free from trash and
graffiti, etc.)
Currently, the only regulations are that, like any encroachment, newsracks must not constitute a
nuisance or destroy or impair the use of the property by the public or constitute a traffic hazard.
March 4, 2008 -3- Item No. 25
Current Enforcement
Current City Code states that newsracks must receive an annual encroachment permit from the City.
However,the requirement for an pewniWqasn@khwnvA!orcjpk, Publications have historically
been able to take out one pe for ple 1 at ns at ns in effect in perpetuity. As a
result, many of the existing ne racks, th in d side of a downtown area, are not properly
permitted or properly located.
To better manage the permitting process,Engineering and GIS have developed a new database that
will track information in a much more efficient manner. In January, 2008, Engineering staff
conducted a City-wide audit of newsracks and entered this information into the new database. As
of February 1, 2008, the number of newsracks in the City was as follows:
• Citywide, there are 437 newsracks representing 39 different publications in more than 80
locations.
• The core downtown area (between Mason and Remington, Magnolia and Jefferson,
including Walnut) currently has 175 racks in 16 different locations.
• The greater downtown area, including the area near the Library, Post Office, Safeway, etc.
has more than 200 individual boxes.
• Based on existing records, only 60% of existing newsracks are permitted
Due to limited resources,EngiCeringt res to m i s about violations of the existing
ordinance, but has not proactio ed th a it syste On a temporary basis, staff will
devote additional resources ton ' a permi system. The new system will
significantly improve staff s ability to enforce the annual permitting process. However,no ongoing
resources are available to maintain a higher level of enforcement on an ongoing basis.
History
In 2000, the City worked on a news rack ordinance, but in the face of strong opposition from the
publishers,the issue was dropped. Later that year,Gannett offered to install condo-style newsracks
in the downtown area in exchange for control over other publications' placement in the racks. This
option was strongly opposed by other publishers and was also dropped.
Since that time, there has been a rapid and uncontrolled increase in the number of newsracks in
public rights-of-way in the downtown area. In 2001,there were 40 newsracks along College Avenue
between Olive and LaPorte. Today, there are nearly 200 newsracks in the downtown area. The
uncontrolled placement of thes ac ransa�fety
appearance of the downtown area,
making them a liability for the sines d ret s situation also makes it difficult
to clean sidewalks, and can be azdo to th welfare of downtown residents,
employees and customers.
The Process
City staff,the Downtown Business Association and the Downtown Development Authority invited
representatives from all publications to attend stakeholder meetings in March and August 2007. At
those meetings, we presented a proposal to place news condominiums in the downtown area, and
to limit the number of boxes that could be clustered together in all areas outside of downtown. At
March 4, 2008 -4- Item No. 25
the August meeting, there was general agreement from the publishers in attendance that changes
need to occur in Downtown Fort Collins. People were seeking further clarification on maintenance
of the condos and the system that would be used to designate spaces within the condominiums,but,
with one exception,people appe illi c o ' 'ums in downtown. There was
strong opposition to having a li ited n er of x p clu r utside of the downtown area,and
as a result, that provision was oved m th r nance be g developed by staff.
The proposed ordinance was scheduled to come before Council on September 18, 2007. In early
September,Coloradoan publisher Christine Chin,with support from The Loveland Daily Reporter-
Herald and USA Today, requested that consideration of the proposed news rack ordinance be
postponed in order for them to develop an alternate proposal for news rack management. The City
Manager removed this item from the September 18 agenda and the publishers were granted
additional time. They developed a proposal which calls for publishers to place their newsracks in
"corrals"under a Voluntary Agreement.
The two options were discussed at a work session on January 8, 2008. At that time, City Council
directed staff to bring forward both the proposed ordinance and an ordinance based on the
publishers' voluntary agreement concept.
• City Proposed Ordinance
The proposed ordinance is deCilar
Ophy
d placement and maintenance
of newsracks. It is based onities, including Denver and
Boulder.
Following are the key components of the proposed ordinance:
1. Newspapers and publications will be allowed only in designated news condominiums in the
downtown area between Mason and Remington,Magnolia and Jefferson,including Walnut.
There will be no less than nine condominium locations within that boundary.
Condominiums may be placed on opposite corners at the intersections of Olive and College,
Oak and College,Mountain and College,and LaPorte/Pine and College,as well as one at the
intersection of Walnut and Linden. Exact locations will be identified following adoption of
the Ordinance.
2. The condominiums will be purchased by the Downtown Development Authority(DDA)and
the City of Fort Collins. The DDA has authorized $100,000 toward the purchase of the
condominiums, tinge n 0 n the City.
3. Condominium units wi haves a jtoo odate existing publications,plus limited
room for expansion.
4. Maintenance for the exterior of the condominiums will be covered by the City of Fort
Collins as part of the existing contract with Parks Maintenance. Publishers will be
responsible for maintaining the interior of their space, as well as covering costs for labeling
of the publication spaces and securing pay mechanisms (as needed).
March 4, 2008 -5- Item No. 25
5. Based on feedback from the publishers, spaces in the condominiums will be designated
through a lottery system. If space is available, a publication may have more than one spot
at an intersection. Once additional applications are submitted,a publication with more than
one spot will be require as s
6. Fees for permits will b 10 per of in a ndomin per year. The fee has been kept
at a minimal cost so as cr a hard p on the publishers or discourage
distribution in multiple locations.
The Ordinance also makes changes to improve the maintenance and regulation of newsracks outside
the downtown area. These changes are in the areas of permitting and placement of newsracks.
Currently, publications take out one permit for an unlimited number of locations, and although
existing Code states that the permits should be renewed annually, this has not been past practice.
Instead, permits have remained in place since the initial purchase, unless revoked due to
maintenance, safety or some other hazard. The new system will require publications to obtain a
permit for each location and renew it annually. Fees for permits will be $10 per location per year.
This applies to all locations, not just the downtown condominiums. This is consistent with other
encroachment permits,in which permits are required to be taken out per location,not per applicant.
The $10 per location fee does not cover the cost of staff time to process the permit, visit the
requested location, or other iv a more consistent fee structure
to that of other encroachment rmits. add 1'espoyndre
mit process will provide better
information so that the Engine 'ng De enappropriately when complaints
are issued.
The proposed ordinance includes several regulations and safety criteria specific to the placement,
appearance and maintenance of newsracks outside the downtown area. For example, newsracks
cannot be placed:
• within two feet of the edge of a roadway,
• within three feet of any marked pedestrian crosswalk, traffic control cabinet or bicycle
parking rack.
• within five feet of any fire hydrant or any emergency facility,
• on any portion of a pedestrian access ramp for disabled persons.
The proposed ordinance also requires that newsracks be secured either by weight or other approved
securing mechanisms.
• Publishers' Proposed rdin
Publishers who distribute their alnslcurnewsradt in downtown Fort Collins have
jointly developed an ordinance that incorporates several of the placement and maintenance
regulations as they apply city-wide, and preserves the ability to place individual newsracks in a
greater number of downtown locations. The details of this ordinance are outlined in 5 through 7,
which have been provided by the publishers.
The City Attorney's Office has worked closely with the publishers' legal counsel to ensure that
Option 2 is legally acceptable from the City's perspective and is consistent with other applicable
March 4, 2008 -6- Item No. 25
laws and regulations. Due to the timeline for the agenda process,there are a few changes in Option
2 that are still under review by the publishers at the time of this printing. Most notable is the
reference to the "sight triangle," which was recently included in both options to comply with the
Larimer County Urban Area St, d I t y pproved by the publishers are
redlined in the Option 2 provic by th ity A 's ffi a most recent version of Option
2 as approved by the publishe 's inclu d as ent 7.
The following summary of Option 2 was provided by the publishers group:
• Preserves the principle that readers,not the government,will decide where newsracks should
be located in Fort Collins.
• Avoids the likelihood that newsracks will be banned entirely from Old Town by virtue of
the lack of any newsrack condos in place at the time the ordinance goes into effect.
• Avoids the significantly higher cost of newsrack 'condos" versus newsrack "corrals."
• Avoids the significant reduction in the number of locations for newsracks in the Old Town
area created by the City Staff s condos ordinance.
• Allows publishers to continue to use individually branded,identifiable newsracks in the Old
Town area.
• Establishes a procedure by which the City may use newsrack corrals in the Old Town area,
if and when funding becomes available, to better organize and present the newsracks at a
particular location.
• Protects the City and publi mai n eu orkable standards for newsrack
locations, both within d To d out the c
• Eliminates the unnecess w vi itn the Staffs condos proposal requiring
that newsracks may not be used to promote anything other than the publication in the
newsrack.
• Ensures that newsrack owners are responsible for the maintenance of their newsracks, as
opposed to overworked Parks and Recreation staff.
Conclusion
The problem which needs to be addressed in the downtown area relates to both the maintenance and
the proliferation of individual newsracks. Ordinance No. 031, 2008, Option 1, addresses both and
funding is in place to support this option.
City staff,the Downtown Business Association and the Downtown Development Authority,strongly
support the original proposed ordinance. A resolution from the DBA and a survey of DBA members
are attached.
ATTACHMENTS COPY
1. Letter from Downtown Business Association with photos of existing news rack conditions
2. List of publications and current number of newsracks
3. Photo examples of existing conditions; conceptual condominiums; sample condominiums
and corrals.
4. Work Session Summary from January 8, 2008
5. Letter from publishers to City Council.
6. Comparative analysis submitted by publishers
March 4, 2008 -7- Item No. 25
7. Ordinance No. 031, 2008, Option 2, Publishers' submittal.
8. Letter from the DDA to City Council.
9. DDA Board minutes - December 13, 2007
10. Resolution in support of 1ffntiopi
D membership survey
11. Letter from the Fort CU
or eau supporting Option 1.
COPY
COPY
ORDINANCE NO. 031 , 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23 , ARTICLE III, OF THE CODE
OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF ADDING
A DIVISION REGARDING ENCROACHMENT PERMITS FOR NEWSRACKS
WHEREAS , the Council recognizes that the use of City rights-of-way is historically
associated with the sale and distribution of newspapers and other publications, and that it is in the
public interest to encourage the widespread distribution of such publications; and
WHEREAS, the uncontrolled placement or poor maintenance of newsracks in City rights-of-
way detracts from the appearance of the rights-of-way and surrounding areas and can be hazardous
to the safety and welfare of persons using such rights-of-way, including pedestrians, persons
entering and leaving vehicles and buildings, and persons providing essential utility, traffic control
and emergency services ; and
WHEREAS , the City ' s current permit system for encroachments does not adequately address
the unique circumstances and challenges related to the regulation of newsracks or provide adequate
criteria for determining when applications for newsracks should be issued by the City; and
WHEREAS , the Council wishes to adopt a new set of regulations pertaining to newsracks;
and
WHEREAS , such system should include a requirement that, in certain areas of the City that
tend to be especially congested and/or that have particular architectural or historic significance, such
as the downtown area, newsracks should, as funding becomes available, be contained in one or more
central locations by means of a newsrack condominium; and
WHEREAS , if the number of applications for newsrack permits exceeds the number of
available locations, permits should be issued on a fair and reasonable priority basis of selection.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 23 , Article III of the Code of the City is hereby amended by the addition of
a new Division 5 to be entitled "Newsracks" to provideread as follows :
DIVISION 5 , NEWSRACKS
Sec . 23 -96. Intent and purpose.
The purpose of this Division is to secure and promote the public health, safety
and general welfare of persons using City rights-of-way by regulating the placement,
appearance, size and servicing of newsracks in such rights-of-way. Nothing in this
I
Division is intended to discriminate against, or interfere with the publication,
circulation, or distribution of any printed material that is constitutionally protected.
Sec. 23-97. Definitions.
The following words and phrases, when used in this Division, shall have the
meaning respectively ascribed to them unless the context otherwise clearly indicates :
Bus Stop shall mean the area immediately adjacent to any marked bus stop,
consisting of a ten ( 10) foot wide strip parallel to the roadway measured from the
curb or, where there is no curb, the edge of the pavement, and running from the bus
stop sign for forty feet in the opposite direction of the flow of traffic .
City right-of-way shall mean an area dedicated to public use or impressed with
an easement for public use, which is owned or maintained by the City and is
primarily used for pedestrian or vehicular travel. City right-of-way shall include but
not be limited to, the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking
or parking strip, and any public way.
Newsrack shall mean any self-service or coin operated box, container, storage
unit or other dispenser installed, used or maintained for the display, distribution or
sale of a newspaper, magazine, periodical, or other similar printed material . A space
in a newsrack condominium is considered a newsrack if the context so implies .
Newsrack condominium shall mean a newsrack that is made of metal or other
material acceptable to the City, uniformly colored and that has space for two (2) or
more periodicals, each of which is separately permitted under the provisions of this
Division.
Newsrack condominium area shall mean the area shown on the "Map of
Newsrack Condominium Area" dated April 11 , 2008 , and on file in the office of the
City Clerk.
Permittee shall mean the person responsible for placing and maintaining a
newsrack in a City right-of-way or for occupying a space in a newsrack
condominium.
Person shall mean any person or entity including, but not limited to, a
corporation, limited liability company, partnership, unincorporated association, or
joint venture.
Roadway shall mean that portion of a street that is improved, designed, or
ordinarily used for vehicular travel.
Sidewalk shall mean any surface provided for the use of pedestrians .
-2-
Street shall mean all the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, tree-lawns and sidewalks .
Tree-lawn shall mean the area between the sidewalk and the curb of any street
or, where there is no sidewalk, the area between the edge of the roadway and the
property line adjacent thereto. Tree-lawn shall also include any area within a
roadway that is not open to vehicular travel.
Sec. 23 -98. Permit required.
It shall be unlawful for any person to erect, place, operate or maintain any
newsrack or utilize any space in any newsrack condominium on City-owned property
or any City right-of-way without first obtaining a permit from the City Manager
approving the location or occupation of such newsrack. A newsrack that is in place
but has not been authorized by a valid permit issued by the City may be removed by
the City without notice . The City Manager' s decision whether to issue or deny
issuance of a newsrack permit shall be made within fifteen ( 15) days following the
date that a complete application has been submitted to the City, or with respect to
applications filed under § 23403(b) 102(a) below, such decision shall be made by
May 30, 2008 .
Sec . 23 -99. Application for permit; form and content.
The owner of a newsrack for which a permit is sought and any person seeking to
utilize any space in a newsrack condominium must submit to the City Manager a
signed application in writing upon a form provided by the City and, except with
respect to newsrack condominiums, a certificate of insurance with a limit of at least
one million dollars ($ 1 ,000,000 . ) per occurrence, showing the City as an additional
insured, covering any liability arising out of the operation and maintenance of the
newsrack. The insurance carrier must be rated B+ or better. The application shall
contain:
( 1 ) the name and address of the applicant;
(2) the proposed location of the newsrack or newsrack condominium; and
(3 ) the signature of the applicant.
Sec. 23 - 100. Perini Conditions for issuance of permit.
(a) Permits shall be issued for each newsrack and shall not be transferrable to
another person or another location; provided however, that a permittee may use a
single permit for different publications at a single newsrack location during the life
of the permit, as the permittee so chooses, provided that the City Manager is first
notified in writing of the intended change of publication. Permits will be valid for
-3 -
one ( 1 ) year unless earlier revoked pursuant to § 23 - 10$5 of this Division or pursuant
to Article IX, Section 11 of the City Charter.
2340t . issuance of a permit.
(b) No permit may be issued unless the applicant has filed a written statement
with the City Manager, in a form satisfactory to the City Attorney, agreeing to
indemnify and hold harmless the City, its officers and employees, from any loss,
liability, or damage, including expenses and costs, for bodily or personal injury or
property damage sustained by any person as a result of the installation, use, or
maintenance of any permitted newsrack within the City that is not attached to a
newsrack condominium or of that portion of a newsrack condominium that the
permittee is required to maintain under subparagraph 23 - 103 (c)(5) . The permittee ' s
obligation to so indemnify the City and its officers and employees shall be contingent
upon the City promptly notifying the permittee in writing of any such claim and
delegating to the permittee all authority to control or compromise the defense of any
such claim. Nothing herein shall be construed as a waiver of immunity as provided
by the provisions of the Colorado Governmental Immunity Act, 24- 10- 101 , et seq. ,
C .R. S . Upon approval of the application, each permittee shall pay an annual fee of
ten dollars ($ 10 .) per permit prior to the issuance or renewal of the permit.
Sec. 23402'_ . Public safety cifteiia f6i pfacenrent of nevvsi Placement of
newsracks.
The following regulations shall apply to all newsracks placed in whole or in part
upon, in or over any portion of City-owned property or City right-of-way:
(a) No newsrack may be placed, installed, used or maintained:
( 1 ) within two (2) feet of the curb face of or pavement edge of any
roadway;
(2) within three (3 ) feet of any marked pedestrian crosswalk or entrance
to any public transit shelter;
(3 ) within five (5) feet of any fire hydrant, fire call box, police call box,
or any other emergency facility;
(4) on any portion of a pedestrian access ramp for disabled persons ;
(5) within three (3) feet of any of the following: parking meter posts,
traffic control cabinets , bicycle parking racks, public telephone
enclosures, kiosks, public works of art, entrances to any sidewalk
cafe enclosure or any portion of a driveway;
-4-
(6) on any portion of a tree grate, utility cover, meter and/or valve box
cover, vent cover for underground utilities or on any granite or other
decorative sidewalk without special approval by the City Manager;
(7) in such manner that the effective, clear width provided for the
passage of pedestrians within the sidewalk portion of City right-of-
way fails to comply with the provisions contained in the Larimer
County Urban Area Street Standards ;
(8) within the passenger boarding area of a designated bus stop;
(9) on landscaped areas or other pervious surface unless a concrete pad
has been installed on such surface, pursuant to a permit issued by the
City Manager;
( 10) when such installation, use, or maintenance endangers the safety of
persons or property ;
( 11 ) when such site or location is used for public utility purposes, public
transportation purposes, or other public or governmental use
incompatible with newsracks ;
( 12) when such newsrack unreasonably interferes with or impedes :
a. the flow of pedestrian or vehicular traffic, including parked or
stopped vehicles, the ingress to or egress from any residence or
place of business; or
b. the use or maintenance of poles, posts, traffic signs or signals,
hydrants, mailboxes, or other objects permitted at or near said
location.
(b) Newsracks shall not be secured to the surface upon which they are situated
by bolts, but must instead be secured by weight or other anchoring device
approved by the City Manager.
(c) It shall be unlawful for any person, other than an employee or contractor
of the City who is taking action pursuant to this ardinanceDivision, to
move a newsrack without the authorization of the owner of the newsrack.
(d) It shall be unlawful for any person to deface a newsrack.
(e) No newsracks shall be permitted in mid-block locations unless the City
Manager determines that the placement of a newsrack at such location :
( 1 ) will not impede vehicular or pedestrian travel;
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(2) will not cause a health and safety concern for the traveling public
such as a tripping hazard or sight distance issue;
(3 ) will not cause the newsrack to be placed within three hundred (300)
feet of any other newsrack except such other newsracks as may be
within the same cluster of newsracks as the newsrack that is the
subject of the application;
(4) will not cause damage to any City property;
(5) will not impede any irrigation system to private or City property;
(6) will allow for the placement of the newsrack within the right-of-way
at least two (2) feet behind the walk or in the tree-lawn between the
walk and the curb, and not a pervious surface;
(7) will not be secured to any City property, such as sign posts, street
light poles, signal light poles or trees ;
(8) will not be secured to any private property, such as fences or trees .
(f) If the number of newsracks at a location must be reduced for any reason,
the last permitted newsrack shall be the first to be removed, and so on, with
the first permitted the last to be removed. Any newsrack so removed shall
be permitted at the nearest available location acceptable to the permittee
without the imposition of a new permit fee.
(g) No newsrack may be placed, installed, used or maintained within the
boundaries of the area identified exclusively for newsrack condominitimos
cater-
comer
as shown on Figure A below. Within this area the eity Manager shall
identify at least nine (9) locations for the placement of newsrack
condornininins , No more than one ( t ) set of condornininnis may be placed
on each side of an intersection, and such condominiums nmst be
Newsracks within the newsrack condominium area
may be placed only within a newsrack condominium. This requirement
shall take effect only after the City has installed newsrack condominiums
at a minimum of nine (9) locations . Said locations shall be designated by
the City Manager after consulting with the City Engineer to ensure that the
installation of newsrack condominiums at such locations will not
unreasonably interfere with the flow of pedestrian or vehicular traffic or
impede the interests advanced by the provisions of Subsection (a) of this
Section. In no event shall more than two (2) newsrack condominiums or
clusters of condominiums be placed at any intersection, and all such
condominiums at intersections shall be cater-corner from one another.
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Sec. 23-1032 . Allocation of spaces in newsrack condominiums ; selection
method.
(a) Spaces in newsrack condominiums shall initially be allocated by the City
Manager through an appfication process during the period from, AprdMay 1 through;
ApriFMay 30, 2008 . For-sale publications shall generally be located in the upper
areas of the condominiums and free publications in the lower areas so as to
accommodate the insertion of coins into coin boxes . Individual spaces within the
condominiums shall be allocated by the City Manager by the drawing of lots . The
number of condominium spaces available will determine how many publications will
be allowed therein. Following the initiai process , the eity , s
shall include the giving of notice via the eity , s website and the proeedttre3& VULI ill
condoiniffinnis placcd vvitfiin tfic eity right-of-way will be subject to the following
( f ) f n the area identified excfusively for newsrack condominittins as shown On
many publications will be allowed therein.
condominiums shall be allocated on an equal priority basis and the
pennittees shall be randoinly selected by the drawing of lots unde
administration of the eity manager.
(3b) After the initial allocation of spaces in newsrack condominiums, the
public shall be notified via the City ' s website when a location becomes available
Persons seeking to-ocruypermits for the available spaces shall
have fourteen ( 14) calendar days from the date of the notification to submit
applications for any such location. If more applications are received in that
period than can be accommodated, all such applications shall be put on an equal
priority and the prrmitterVermits shall be allocated in accordance with
Subsection (a) of this Section, subject to the paragraphs ( 1 ) and (2) below.
randomly selected by the drawing of lots under the administration of the ei
Eger. Any applications that are not granted through the foregoing process
or that are submitted after the fourteen ( 14) day period has expired shall be
granted on a space available, first come first served basis .
(41 ) If a publication has one ( 1 ) newsrack that has been permitted at a
newsrack condominium location, it may obtain a permit for a second
newsrack only after all other publications requesting initial permits
have been issued.
(52) If a publication requests a permit at a newsrack condominium
location where it has no permitted newsracks but where there are two
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(2) or more permitted newsracks of another publication, the
publication with multiple newsracks must remove as many newsracks
as necessary to allow for the placement of the new newsrack,
provided that no publication shall be required to remove all of its
permitted newsracks from such location.
Nfanaget with the off-eted f6t sale prblications gencrally located in tipper
areas and the free publications generally located in the loiMT1 at %., M) M Ordel-
to better assist the kIWOLUITICIS Ill insertion of coins into coin boxes . The
based -upon whether the p-ablication is a paid ptiblication or a
publication and otherwise shall be randomly selected by the drawing o
under the administration of the eity Manage-r
Sec. 23 - 1043 . Construction, size, appearance and maintenance of newsracks.
(a) Newsracks shall be constructed in such manner as to withstand normal wear
and tear and extreme weather conditions and must be finished in such a way as to
provide easy and safe access by pedestrians using the public streets and sidewalks .
(b) Newsracks shall be constructed and painted or colored in a manner that
allows them to be maintained free of rust, graffiti, or other signs of outdoor wear and
tear or abuse.
(c) Newsracks that in whole or in part rest upon, in or over any City right-of-
way shall comply with the following standards :
( 1 ) Newsracks shall not exceed finrty-two
harimer eounty brban Area Street Standards . At miy other located within the "sighf triangle" as that terin is described in th%a,
thershall not exceed sixty (60) inches in height., Newsracks shall no
exeee&twenty-four (24) inches in depth, and thirty (30) inches in
width.
(2) No newsrack may be of such size as to visually obstruct the safe
movement of traffic, pedestrians or bicyclists.
(3 ) No newsrack may be used to advertise anything other than the
newspaper or periodical sold therein.
(54) Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times . Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and
maintained no less than once per week so that:
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a. it is reasonably free of dirt and grease ;
b. it is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas ;
c. it is reasonably free of rust and corrosion;
d. any clear plastic or glass parts thereof, through which the
publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discoloration;
eo any paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading;
f. it is free from trash and graffiti; and
g. all structural parts thereof are intact.
(5) The City shall be responsible for maintenance of all newsrack
condominiums except for the individual doors , publisher
nameplates/stickers and coin collection apparatus which shall be
maintained by the publieationpermittee utilizing such door,
nameplate/sticker and coin collection apparatus .
(46) Each newsrack not affixed to a newsrack condominium shall have
affixed to it in a readily visible place, so as to be seen by anyone
using the newsrack, a notice containing the name and address of the
permittee and the telephone number of a working telephone service
for reporting a malfunction, securing a refund, or giving the notices
provided for in this Division.
(7) Notices affixed to newsrack condominiums need contain only the
name and telephone number of the City office which is responsible
for the maintenance of the newsrack condominium, regardless of the
number of permittees actually utilizing said newsrack condominium.
Sec . 23 - 1054. Handicapped accessibility requirements.
All newsracks shall comply with the requirements of the Americans with
Disabilities Act (ADA) and the regulations adopted thereunder and all regulations
adopted by the City regulating handicapped accessibility.
Sec. 23- 1065. Revocation of existing permits.
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Permits are hereby revoked that are in place in the public right-of-way on
A 764May 30, 2008 .
Sec. 23 -10-76. Violations.
(a) Upon determination by the City Manager that a newsrack has been
installed, used or maintained in violation of the provisions of this Division, the City
Manager may revoke the permit and remove the newsrack or may order the permittee
to correct the offending condition. Any such order to correct an offending condition
may be issued by telephone or sent by facsimile transmission, or by registered mail,
return receipt requested to the permittee. The order shall describe the offending
condition, suggest actions necessary to correct the condition, and establish a date for
compliance that is not be less than five (5) working days from the date that the order
is sent or telephoned to the permittee . The order shall inform the permittee of the
right to appeal . The City Manager may remove the offending newsrack and revoke
the permit if the permittee does not remove the newsrack or if the offending
condition is not cured by the date set for compliance in the order. The City Manager
shall cause an inspection to be made of any corrected condition of a newsrack or of
a newsrack that is reinstated after removal under this Section.
(b) Whenever the City Manager finds a newsrack that does not have affixed to
it the name and telephone number of the permittee, the City Manager shall make
reasonable efforts to ascertain who the permittee is and notify the permittee of the
violation.
(c) Any impounded newsrack shall be treated as unclaimed property and
disposed of by the City if not claimed within thirty (30) workin calendar days of the
date of impoundment.
Sec . 23 -10$ 1 . Appeals .
Any person or entity aggrieved by a finding, determination, notice, order or
action taken under the provisions of this Division may appeal to the City Manager
as provided in Chapter 2 , Article VI, of the City Code .
Sec. 234098. Abandonment.
Any newsrack located on City right-of-way which remains empty for a period of
ten ( 10) continuous days after the City has notified the permittee of such condition,
will be deemed abandoned. The City Manager may remove any abandoned
newsrack from the City right-of-way and, unless the newsrack is claimed within
thirty (30) calendar days, the City Manager may dispose of the abandoned newsrack
or sell the abandoned newsrack at an auction as unclaimed property .
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Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D . 2008 , and to be presented for final passage on the 1 st day of April, A.D . 2008 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 1 st day of April, A.D . 2008 .
Mayor
ATTEST :
City Clerk
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