12.04.132 Newsracks.
A. The council finds and declares that the uncontrolled placement and maintenance of newsracks in the public right-of-way creates physical danger to the traveling public and the numerous pedestrians that use the public rights of way in the city. The council finds that, in recognition of the unique architectural features and basic heritage of the city, the clutter and congestion of numerous disparate types of newsracks in the public rights-of-way is unsightly and not in keeping with the nature of the city. The council also finds that, since the use of such rights-of-way is historically associated with the sale and distribution of newspapers and publications, access to these areas for such purposes should not be unreasonably or absolutely denied. The council finds that these strong and competing interests require reasonable accommodation which can only be satisfactorily achieved through this section of the code which provides for special accommodation of newsracks.
B. Newsracks are any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the sale or distribution of newspaper, news periodicals or other news publications.
C. An application for a permit for newsracks shall be made within ten business days of the placement of any newsrack in the public right-of-way
D. Application for permits for newsracks shall be made in the same manner as that of other encroachments as described in this chapter.
E. Permit fees, liability insurance, and indemnification requirements shall be the same as that required for encroachments as described in this chapter.
F. Special Location and Operational Concerns for Newsracks.
1. Placement of newsracks shall be such that they are parallel to and no more than six inches from the walls of adjacent buildings when present. Newsracks placed adjacent to the curb shall be placed parallel to the curb face and shall be a minimum of six inches and not more than twelve inches from the curb face to the back side of the newsrack. The rack shall face the sidewalk.
2. Those encroachments which will limit the amount of sidewalk available for pedestrians shall further be reviewed to meet concerns for pedestrian safety and to ensure adequate area for pedestrian passage. In residential areas a minimum of four feet of sidewalk shall be dear for pedestrian passage. In areas with sidewalks subject to high pedestrian activity as determined by the director, the width of the sidewalk which may be blocked by an encroachment shall be as determined by the director.
3. No newsrack shall be maintained opposite another newsrack.
4. No newsrack may be attached to public signs, benches, fire hydrants or other facilities in the right-of-way. Newsracks attached to private property may be done so only with written permission of the owner end occupant of the private property.
5. No newsrack shall be used for commercial advertising, signs or publicity purposes, other than to state the name of the newspaper or periodical being sold.
6. Newsracks shall be maintained in good operating condition.
7. The installation of newsracks shall meet the same design concerns as identified for other encroachments in Section 12.04.131.
8. The number of newsracks at a given location may be limited if, in the opinion of the director, they will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic or access to parked vehicles.
9. Abandoned or inoperative newsracks must be removed from the right-of-way within thirty days. Any newsracks left over thirty days may be removed and stored for up to thirty days. The cost of removal and storage will be charged the owner in the event he or she chooses to retrieve the abandoned newsrack. Those newsracks left unclaimed will be disposed of as unclaimed property. (Ord. 1131 § 5 (part), 1989)