§ 97.32. Standards.

(a)

No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of a roadway.

(b)

No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any sidewalk or swale, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other government use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near that location, or when such newsrack interferes with the maintenance or repair of any swale.

(c)

Any newsrack which in whole or in part rests upon, in or over any sidewalk or swale, shall comply with the following standards:

(1)

No newsrack shall exceed five feet in height, 40 inches in width, or two feet in depth.

(2)

Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.

(3)

No newsrack shall be placed, installed, used or maintained:

a.

Within three feet of any marked crosswalk.

b.

Within 15 feet of the curb return of any unmarked crosswalk.

c.

Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.

d.

Within three feet of any driveway.

e.

Within three feet ahead of, and 15 feet to the rear of any sign marking a designated bus stop.

f.

Within three feet of any bus bench.

g.

At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.

h.

Within three feet of any area improved with lawn, flowers, shrubs or trees.

(4)

No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.

(5)

Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.

(d)

Every owner who places or maintains a newsrack on the streets of the city shall have his name, address and telephone number and, if different from the owner, the publisher's name, address and telephone number affixed thereto in a place where such information may be easily seen.

(Ord. 93-31, passed 9-13-93)

Cross reference

Penalty, see section 10.99.