HomeMy Public PortalAboutORD10219 BILL NO.
SPONSORED BY COUNCILMAN
ORDINANC NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
28 OF THE CITY CODE BY ENACTING ONE NEW ARTICLE PERTAINING TO
REGULATIONS FOR THE PLACEMENT OF NEWSRACKS ON CITY RIGHTS-OF-WAY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. Chapter 28 of the City Code is hereby amended by
enacting one new article, to be known as Article VIII, Newsracks,
establishing regulations for the placement of newsracks on City
rights-of-way, which shall read as follows :
Article VIII, Newsracks
Section 28-210. Intent and purpose
The City Council of the City of Jefferson, Missouri finds
and declares that:
1. The uncontrolled placement of newsracks in public
rights-of-way presents an inconvenience and danger to
the safety and welfare of persons using such rights-of-
way, including pedestrians, persons entering and leaving
vehicles and buildings, and persons performing essential
utility, traffic control and emergency services .
2. Newsracks so located as to cause an inconvenience or
danger to persons using public rights-of-way, and
unsightly newsracks located therein, constitute public
nuisances .
3. The provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of
securing and promoting the public health, safety, and
general welfare of persons in the City of Jefferson in
their use of public rights-of-way.
Section 28-211. Definitions
Block shall mean one side of a street between two
consecutive intersecting streets .
Distributor shall mean the person responsible for
placing and maintaining a newsrack in a public right-of-
way.
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Newsrack means any self service or coin operated box,
container, storage unit or other dispenser installed,
used, or maintained for the display and sale of
VW newspapers or other news periodicals .
Parkway means that area between the sidewalks and the
curb of any street, and where there is no sidewalk that
area between the edge of the roadway and property line
adjacent thereto. Parkway shall also include the area
within a roadway which is not open to vehicular travel.
Roadway means that portion of a street improved,
designed, or ordinarily used for vehicular travel.
Sidewalk means any surface provided for the exclusive
use of pedestrians .
Street means all that area dedicated to public use for
public street purposes and shall include, but not be
limited to, roadways, parkways, alleys and sidewalks .
Section 28-212. Permit required
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate, on any public street or
sidewalk, or in any other public way or place, in the City
of Jefferson any newsrack without first having obtained a
permit from the City specifying the exact location of such
rack(s ) . One permit may be issued to include any number of
newsracks . All newsracks on a public street or sidewalk, or
in any other public way or place on the date this article
becomes effective shall comply with the provisions of this
article, including permit requirements, within 30 days after
the article becomes effective.
Section 28-213 . Application for permit
Application for such permit shall be made, in writing, to
the Director of Planning and Code Enforcement upon such form
as shall be provided by the Director, and shall contain the
name and address of the applicant, contain the proposed
specific location of said newsracks , and be signed by the
applicant. The application shall also contain the name,
address and phone number of a person designated by the
applicant to receive the notices and emergency calls
designated in this article.
Section 28-214 . Conditions for permit
(a) Permits shall be issued immediately upon application for
the installation of a newsrack or newsracks without
prior inspection of the location, but such newsrack or
newsracks and the installation, use or maintenance
® thereof shall be conditioned upon observance of the
provisions of this ordinance.
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(b) Such permits shall be valid for one year and shall be
renewable pursuant to the procedure for original
applications referred to in Section 28-213.
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Section 28-215. Standards for maintenance and installation
Any newsrack which in whole or in part rests upon, in or
over any public sidewalk or parkway, shall comply with the
following standards:
(a) No newsrack shall exceed 5 feet in height, 30 inches in
width, or 2 feet in thickness .
(b) No newsrack shall be used for advertising signs or
publicity purposes other than those dealing with the
display, sale, or purchase of the newspaper or news
periodical.
(c) Each newsrack shall have affixed to it in a readily
visible place so as to be seen by anyone using the
newsrack a notice setting forth the name and address of
the distributor and the telephone number of a working
telephone service to call to report a malfunction, or to
secure a refund in the event of a malfunction of the
coin return mechanism, or to give the notices provided
for in this article.
(d) Each newsrack shall be maintained in a neat and clean
condition and in good repair at all times .
Section 28-216. Location and placement of newsrack
Any newsrack which in whole or in part rests upon, in, or
over any public sidewalk or parkway shall comply with the
following standards :
(a) 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 unreasonably
interferes with 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 residence or 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 and
located at or near said location.
(b) No newsrack shall be chained or otherwise attached to
any public property, except that newsracks may be bolted
to the sidewalk under guidelines established by the
® Director of Planning and Code Enforcement. The
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guidelines shall minimize cracking or other damage to
the sidewalk, shall minimize hazardous projections , and
shall require installation of a nature which minimizes
damages and hazardous projections when the rack is
removed.
( c) Newsracks may be chained or otherwise attached to one
another. No more than three newsracks may be joined
together in this manner, and a space of no less than 24
inches shall separate each group of three newsracks so
attached.
(d) Notwithstanding the provisions of subsection (a) , no
newsrack shall be placed, installed, used or maintained:
1. Within 3 feet of any crosswalk,
2. Within 15 feet of any fire hydrant,
3. Within 5 feet of any driveway, public or private,
4 . Within 50 feet of any fire or police station,
5. Within 3 feet ahead or 30 feet to the rear of any
designated bus stop sign, except that this provision
does not prohibit a newsrack on the building side of
the sidewalk in this area as long as it complies
with the other provisions of this article,
6. Within 5 feet of any designated taxi stand or place
marked for handicapped parking,
7 . Within 3 feet of any bench or the entrance to a bus
shelter,
AM 8. On the same side of the street in the same block
with any other newsrack which contains the same
issue or edition of the same newspaper or news
periodical,
9. So as to interfere with or impair the vision of
operators of vehicles at street intersections and/or
street and alley intersections,
10. In such a manner as to impede or interfere with the
reasonable use of a window used for display
purposes . A newsrack placed at least 6 feet away
from a display window does not impede or interfere
with its reasonable use.
Section 28-217. Violations
(a) Any newsrack installed, used or maintained in violation
of the provisions of this article shall be tagged with a
"notice of violation" stating the violation, date of
tagging, notice of intention to remove the newsrack if
the violation is not corrected within 7 days, and the
procedure for obtaining a hearing before the City
Administrator, if desired. In addition, an order to
correct the offending condition will be issued to the
distributor of the newsrack by mailing a copy of the
order by certified mail, return receipt requested.
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(b) If the newsrack remains in violation past the 7 day
correction period, and no hearing has been requested,
the newsrack shall be removed by the Director of
Planning and Code Enforcement or his designated officer
and stored in any convenient place. The Director of
Planning and Code Enforcement or his designated officer
shall notify the distributor by mailing a "notice of
removal" to the last known address of the distributor.
The notice shall state the date the newsrack was
removed, the reasons therefor, the location and
procedure for claiming the newsrack, and the procedure
for obtaining a post-removal hearing before the City
Administrator. Any such newsrack removed and stored
pursuant to these provisions shall be released to the
owner thereof if claimed within 45 days after such
removal. The cost of the removal and storage shall be
billed to the distributor. Upon failure of the
distributor to claim the newsrack within 45 days after
the mailing of written notice of removal, the newsrack
shall be deemed to be unclaimed property and may be
disposed of pursuant to the provisions of the City Code.
(c) Any newsrack in violation of the provisions of this
article, which violation creates an immediate danger to
the health, safety or welfare of the public, and which
cannot be corrected by moving or otherwise repositioning
the newsrack, may be removed and stored in a convenient
location so as to eliminate the danger. The Director of
Planning and Code Enforcement or his designated officer
shall notify the distributor by mailing a "notice of
removal" to the last known address of the distributor.
The notice shall state the date the newsrack was
removed, the reasons therefor, the location and
procedure for claiming the newsrack, and the procedure
for obtaining a post-removal hearing before the City
Administrator. Any newsrack removed and stored pursuant
to this subsection shall be released to the owner
thereof if claimed within 45 days after the mailing of
written notice of removal. The cost of the removal and
storage shall be billed to the distributor. Upon failure
of the distributor to claim the newsrack within 45 days
after the mailing of written notice of removal, the
newsrack shall be deemed to be unclaimed property and
may be disposed of pursuant to the provisions of the
City Code.
Section 28-218. Appeals
Any person or entity aggrieved by a finding, determination,
notice or action taken under the provisions of this article
may appeal, and shall be apprised of the right to appeal, to
the City Administrator. An appeal must be perfected within
7 days after receipt of notice of any protested decision or
action by filing with the Office of the City Administrator a
® letter of appeal briefly stating therein the basis for such
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appeal. A hearing shall be held on a date no more than 10
days after the receipt of the letter of appeal. Appellant
shall be given at least 7 days ' notice of the time and the
place of the hearing. The City Administrator shall give the
Appellant, and any other interested party, a reasonable
opportunity to be heard. Any party may be represented by
counsel, and all parties shall have an opportunity to be
heard and present such evidence as shall be relevant to a
determination of whether or not the newsrack is in violation
of the provisions of this article, and whether or not the
procedures required by this article have been substantially
followed. The City shall be required to present its evidence
first. All testimony shall be under oath, which shall be
administered by the City Administrator. Within 10 days from
the date of the hearing, the City Administrator shall render
his decision and shall mail a copy of that decision to the
distributor.
Section 28-219. Disclaimer
This ordinance, while regulating newsracks in public rights-
of-way, is not to be construed as a sanction of them. The
first amendment to the Constitution of the United States has
been interpreted by the Courts as prohibiting the banning of
newsracks . Therefore, nothing contained in this ordinance
shall be construed as the City's acquiescence in, liability
for, or assumption of the risks of the placement of
newsracks in the City, whether or not they are in conformity
with the provisions of this ordinance.
Section 28-220. Severability
If any section, subsection, sentence, clause, or phrase of
this ordinance is for any reason held to be invalid or un-
constitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 2. This Ordinance shall be in full force and effect
from and after its passage and approval. / p//
Passed �o -� �'d `�` Approved W �` 0`V
Pr-Aiding Off i r Mayor
ATTEST:
06a5:i�-
City Clerk
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