9.01.312 Location, installation and maintenance of newsracks.
Any newsrack subject to this code shall be located in accordance with the provisions of this section.
A. No newsrack shall be used or maintained which projects onto, into or over any part of the roadway or any public street, or which rests, wholly or in part upon, along or over any portion of the roadway of any public street.
B. No newsrack shall be permitted to rest upon, in or over any public sidewalk or parkway, 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 use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any legally parked or stopped vehicle, residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.
C. No newsrack shall be chained, bolted, or otherwise attached to any fixture or tree located in the public right-of-way, except to other newsracks.
D. No newsrack may be placed within 100 feet of any other newsrack on the same side of the street unless they are side-by-side or within a common enclosure which shall not exceed four feet in height, 30 inches in width, or two feet in thickness. A maximum of five unenclosed side-by-side newsracks may be allowed in one location if they meet the other standards of this section. In case of conflict over location, the first to apply for a permit shall have priority.
E. No newsrack shall be placed, installed, used or maintained:
1. within three feet of any marked crosswalk;
2. within 12 feet of the curb return of any unmarked crosswalk;
3. within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
4. within five feet of any driveway;
5. within three feet ahead or 15 feet to the rear of any sign marking a designated bus stop;
6. within three feet of the outer end of any bus bench;
7. at any location whereby the clear space for the passageway of pedestrians is reduced to less than three feet; or
8. within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
F. Newsracks shall not be located in the public right-of-way in any residential zoning district as defined in the Development Code.
G. Newsracks shall not be located along any arterial or collector street as defined in BC 3.15.015.
H. 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 so that:
1. it is reasonably free of dirt and grease;
2. it is reasonably free of chipped, faded, peeling and cracked paint;
3. it is reasonably free of rust and corrosion;
4. the clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;
5. the paper or cardboard parts of inserts thereof are reasonably free of tears, peeling or fading; and
6. the structural parts thereof are not broken or unduly misshapen.
I. If the city manager determines that any newsrack interferes with any present or proposed public use of the right-of-way by any utility, the city manager may rescind the permit and order such newsrack to be removed upon ten days written notice by mail to the permit holder. Failure to comply with such order shall be a Class 1 Civil Infraction. [BC 9.01.312, added by Ordinance No. 3520, 6/16/86; amended by Ordinance No. 4794, 12/1/20]