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HomeMy WebLinkAbout031 - 05/06/2008 - AMENDING CHAPTER 23, ARTICLE III, OF THE CITY CODE FOR THE PURPOSE OF ADDING A DIVISION REGARDING EN 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 orpoor 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 ofpersons 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 read 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 pennitted under the provisions of this Division. Newsrack condominium area shall mean the area shown on the "Map of Newsrack Condominium Area"dated May 16, 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 § 23-102(a)below,such decision shall be made by July 31, 2008. See. 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. 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 §23-105 of this Division or pursuant to Article IX, Section 11 of the City Charter. (b) No permit maybe 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. 23-101. 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 Division,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: -5- (1) will not impede vehicular or pedestrian travel; (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, or such lesser distance as may be determined by the City Engineer, 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) 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 twelve(12)locations.The actual number and locations shall be determined by the City Manager after consulting with the City Engineer and with representatives ofthe downtown community and affected publishers. Such locations shall 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. Such locations shall be reviewed by the City Manager not less frequently than every two (2) years. -6- Sec. 23-102. Allocation of spaces in newsrack condominiums; selection method. (a) Spaces in newsrack condominiums shall initially be allocated by the City Manager during the period from July 1 through July 31,2008. 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. (b) 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 permits 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 permits shall be allocated in accordance with Subsection(a)of this Section, subject to the paragraphs(1) and(2) below.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. (1) 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. (2) If a publication requests a permit at a newsrack condominium location where it has no permitted newsracks but where there are two (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. Sec. 23-103. 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. -7- (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 sixty(60) inches in height, 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. (4) 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: 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; e. 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 pennittee utilizing such door, nameplate/sticker and coin collection apparatus. (6) 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 pennittee and the telephone number of a working telephone service -8- 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 ofpermittees actually utilizing said newsrack condominium. Sec. 23-104. 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. 23-105. Revocation of existing permits. Permits are hereby revoked that are in place in the public right-of-way on July 31, 2008. Sec. 23-106. 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)calendar days of the date of impoundment. -9- Sec. 23-107. Appeals. Anyperson 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. 23-108. 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. 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 thr6ay of May, A.D. 2008. Mayor ATTEST: UkA�" I City Clerk Passed and adopted on final reading on the 6th day of M , .D. 2008. je Mayo ATTEST: City Clerk -10-