§ 3-6-5. Newsracks.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Newsracks means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers, periodicals or other publications.

Owner means the particular person who is responsible for installing and/or maintaining a newsrack.

Person means any individual, company, corporation, association, business or other legal entity.

Public rights-of-way means a strip of land dedicated or deeded to the public and accepted by the board of county commissioners, occupied or intended to be occupied by a street, driveway access, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage way, water main, sanitary or storm sewer main, sidewalk/bicycle path or for similar special use and within which traditional public discourse and communication occurs and may occur.

Roadway means the portion of a street or highway, including shoulders, for the intended use of vehicles.

Rut shall be deemed to be the stripping away or compression of grass, groundcover, or ground in a drainage swale which results in a groove in the swale deeper than three (3) inches.

Street means all that area dedicated to public use for public street purposes and includes, but is not limited to, roadways, parkways, alleys, medians and sidewalks.

(b)

Standards and requirements.

(1)

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

(2)

No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in, or over any public right-of-way 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 governmental uses, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence, place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.

(3)

Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall also comply with the following standards:

a.

No newsrack shall exceed fifty-four (54) inches in height or twenty-four (24) inches in depth.

b.

No newsrack shall be installed, used or maintained:

1.

On any sidewalk located on county owned property or public rights- of-way;

2.

Within three (3) feet of any marked or unmarked crosswalk;

3.

Within ten (10) feet of any fire hydrant, fire callbox or other emergency facility;

4.

Within three (3) feet of any driveway;

5.

At any location whereby the clear space for the passageway of pedestrians is reduced to less than four (4) feet;

6.

Within three (3) feet of any display window of any building abutting the sidewalk or in such a manner as to impede or interfere with the reasonable use of such window for display purposes.

7.

In violation of any regulations regarding visibility at street intersections.

8.

In violation of any clear zone standards as determined by the public works department.

c.

Each newsrack shall be maintained in a clean and neat condition and in good repair at all times. Each newspaper rack shall be maintained so that:

1.

It is free of graffiti;

2.

It is free of dirt and grease;

3.

It is free of chipped, faded, peeling, or cracked paint;

4.

It is free of rust and corrosion;

5.

The clear plastic or glass parts through which the publications are viewed are unbroken and free of cracks, dirt, and discoloration; and

6.

The structured parts are not broken.

d.

Each newsrack owner shall retain responsibility for ensuring each newsrack is secured or tied down appropriately.

e.

A site will be deemed inappropriate for newsracks if vehicular traffic creates ruts or other wear and tear upon the paved or unpaved portion of the roadway, right-of-way or other public property to the extent that maintenance of same is required more frequently than once each six (6) months by the county unless the owner agrees in writing to reimburse the county for its required maintenance, or immediately upon the existence of any other health, safety or welfare problem within or without this Section at such site.

(4)

Every person who places or maintains a newsrack upon, in or over any public right-of-way shall permanently affix to each newsrack the owner's name, address, and telephone number in a place where such legible information may be easily seen.

(5)

It shall be deemed improper and without the county's permission for a newsrack to be placed on any public right-of- way unless each newsrack owner first obtains and maintains a general commercial liability insurance policy with limits of at least one million dollars ($1,000,000.00), names the county as an additional named insured, and agrees to indemnify and hold harmless the county, its officers, employees and agents from any claim, demand or judgment in favor of any person, arising out of the installation, use or maintenance of any newsrack located upon, in or over a public right-of-way. Each newsrack owner shall provide the risk department with a current copy of the certificate of insurance prior to placing a newsrack on any public right-of-way.

(6)

Newsracks shall be regularly stocked with newspapers, periodicals or other publications by the owner. Newsracks which remain empty for seven (7) or more consecutive days shall be considered abandoned and must be removed by the owner.

(7)

Every newsrack shall at all times remain in compliance with the standards and requirements imposed by this section.

(8)

This section shall apply to any existing newsracks located on public rights-of-way prior to the effective date of enactment of this section.

(c)

Enforcement. It shall be a violation of this section to install or maintain any newsrack which fails to comply with any standards and requirements of this section.

(1)

Any newsrack installed, used or maintained in violation of the provisions of this section, after notice as set forth below, shall be removed and stored in any convenient place by the county administrator or any person designated by same. The owner of any newsrack found to be in violation of this section shall be given informal notice of the violation and fourteen (14) days within which to correct the violation. In the event the violation is not corrected within fourteen (14) days, formal written notice, mailed return receipt requested, shall be given to the person designated pursuant to Standards and Requirements subsection four (4). Said notice shall give the owner the option, within fourteen (14) days, either to cure the violation or to file a written request for a hearing before the code enforcement special magistrate in reference to such alleged violation. A hearing so requested shall be granted as a matter of right.

If a written request for a hearing is filed within the aforementioned formal fourteen-day period, said request shall operate as a stay on the fourteen-day compliance or removal period until such time as the code enforcement special magistrate has held a hearing on the alleged violation and rendered a decision thereon. Any owner dissatisfied with the code enforcement special magistrate's decision may appeal such decision to a court of competent jurisdiction. After removal of the newsracks, the owner shall again be given written notice thereof. Upon failure of the owner, following such notice, to claim the newsrack and pay a removal fee of one hundred twenty dollars ($120.00) within thirty (30) days after notice, except where a timely appeal of the code enforcement special magistrate's decision has been filed, the newsrack shall be deemed unclaimed property in possession of the county and may be disposed of pursuant to law.

(2)

In the event of an emergency where the installation , use or maintenance of any newsrack poses an imminent or immediate health or safety hazard to pedestrians or vehicles, in the event a newsrack has been deemed abandoned by the county, or in the event an owner's name, address, and telephone number are not placed on the newsrack in accordance with standards and requirements subsection four (4), the county administrator or any person designated by same may summarily and temporarily remove such newsrack. Immediately following removal of any newsrack under these procedures, the owner, if identified, shall be provided written notice of the action and the nature of the emergency or violation necessitating such action. Upon failure of the owner following such written notice, to claim the newsrack and pay a removal fee of one hundred twenty dollars ($120.00) within thirty (30) days after notice, the newsrack shall be deemed unclaimed property in possession of the county and may be disposed of pursuant to law. The owner of any newsrack may file a written request for a hearing before the code enforcement special magistrate after an emergency removal if the written request is provided within fourteen (14) days of receipt of the removal notification. The owner of a newsrack may claim and take possession of the newsrack prior to the hearing. A hearing so requested shall be granted as a matter of right. Any owner dissatisfied with the decision at such hearing may appeal such decision to a court of competent jurisdiction .

(3)

This section may also be enforced in accordance with any provision allowed by law.

(4)

This section [of Ordinance No. 2016-029] shall take effect upon adoption.

(Ord. No. 2016-029, §§ I—III, 9-13-16)