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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. -1- 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. -2- (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. Ah 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 -3- 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. -4- (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 -5- 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 -6-