§ 49-509. Public safety criteria for placement of news racks.

All news racks placed in whole or in part upon any portion of the right-of-way, or which project onto or over any part of the right-of-way shall be in accordance with the following provisions:

(1)

No news rack or news rack corrals used to contain news racks shall be placed, installed, used or maintained:

(a)

On the 16th Street pedestrian and transit Mall, or within fifty (50) feet of the property line of the mall, except that condominium news racks may be placed as shown on the condominium news rack map, filed in City Clerk File No. 01-1079 on October 18, 2001;

(b)

On the curb or roadway side of any sidewalk adjacent to any handicapped parking space or any loading zone, nor within five (5) feet of either end of a handicapped parking space or loading zone;

(c)

Within three (3) feet of any marked pedestrian crosswalk;

(d)

Within five (5) feet of any fire hydrant, fire call box, police call box, or any other emergency facility;

(e)

On any portion of a pedestrian access ramp for disabled persons, including the area between any two ramps on a given corner, or within three (3) feet of such a ramp;

(f)

Within five (5) feet of any of the following: parking meter posts, traffic control cabinets, bicycle parking racks, the entrance to public transit shelters, public telephone enclosures or stands, kiosks, the entrance to sidewalk cafe enclosures, public works of art, any portion of a driveway, trees;

(g)

On or within two feet of any portion of a tree grate, manhole cover, meter and/or valve box cover, any utility access box cover, vent cover for underground utilities or on any granite or other decorative sidewalk without special approval of the manager;

(h)

Such that the effective, clear width provided for the passage of pedestrians within the sidewalk portion of the public right-of-way is less than ten (10) feet in areas where the total sidewalk width is twenty (20) feet or greater, eight (8) feet where the total sidewalk width is between twenty (20) feet and sixteen (16) feet, or five (5) feet in areas where the total sidewalk width is sixteen (16) feet or less;

(i)

Within a bus or light rail stop;

(j)

Outside, on the same side of the street, on the same block and within one hundred and fifty (150) feet of a news rack corral where corrals are provided in accordance with streetscape guidelines and in compliance with all plans and ordinances;

(k)

Outside a news rack corral where corrals are provided as part of a comprehensive streetscaping design plan for a particular block or street corridor, however, future corrals shall be expandable provided they remain within the restrictions enumerated in this section 49-509;

(l)

On landscaped areas or any location where there is no concrete pad (except, see section 49-509(3), below, for parkways). A permit from the department of public works is required to install a concrete pad;

(2)

All news racks shall be so placed and oriented that:

(a)

If placed on the curb or roadway side of a sidewalk or permitted concrete pad, the door for access by the public to the news rack shall be on the side opposite the curb or roadway and facing the pedestrian walkway, and the side of the news rack closest to the curb or roadway shall be:

i.

If there is no tree-lawn, at least two (2) feet and no farther than two and one-half (2.5) feet from the curb or edge of pavement or;

ii.

If there is a tree-lawn, no more than six (6) inches from the edge of sidewalk but, notwithstanding the above, at least two (2) feet from the curb or edge of pavement

(b)

If placed on the side of the sidewalk or permitted concrete pad opposite to the curb or roadway, the door for access by the public to the news rack shall be on the side opposite the edge of the sidewalk and facing the pedestrian walkway, and the side of the news rack closest to the edge of the sidewalk shall be no further than six (6) inches from the edge of the sidewalk.

(3)

In parkways, placement of news racks shall comply with all the requirements of this division and shall also be subject to rules and regulations promulgated by the manager of parks and recreation.

(4)

News racks shall not be chained, bolted, or otherwise attached to any thing except news rack corrals as specified in section 49-509(6).

(5)

Notwithstanding section 49-509(1), no person shall install, use, or maintain any news rack that in whole or in part rests upon, in, or over any public sidewalk or parkway:

(a)

When such installation, use, or maintenance endangers the safety of persons or property;

(b)

When such news rack unreasonably interferes with or impedes;

i.

The flow of pedestrian or vehicular traffic, including parked or stopped vehicles; the ingress into or egress from any residence or place of business; or

ii.

The use or maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.

(6)

All news racks shall be secured to the surface upon which they stand by bolts, except those placed in corrals which shall be securely attached to the corral, unless an exception is granted by the manager, which exception shall not be unreasonably denied. The manager may prescribe appropriate methods, specifications and materials for bolts and attachments to sidewalks. All bolts and protrusions shall be removed from the right-of-way when the news rack is moved or removed.

(7)

It shall be unlawful for any person, other than an employee or contractor of the city who is taking action pursuant to this ordinance, to move a news rack without the authorization of the permittee of the news rack.

(8)

It shall be unlawful for any person to deface or damage a news rack.

(Ord. No. 918-01, § 1, 10-29-01; Ord. No. 281-04, § 1, 5-3-04)