17.12.010 FINDINGS.

The Council finds that:

(a) The current limited control of the design, placement, installation, and maintenance of News Dispensers on and within the public rights of way interferes with and obstructs the use of such public rights of way, threatens the safe passage of pedestrians and vehicles, and further obstructs and interferes with the safe and reasonable use of private property adjoining, or in the vicinity of, such public rights of way, and further adversely impacts the aesthetics of the City creating structural and visual clutter and this Ordinance will reduce such negative impacts;

(b) The public health, safety, welfare, and convenience require that, in connection with the use, maintenance and placement of News Dispensers, interference with vehicular, bicycle, wheelchair, or pedestrian traffic must be avoided, obstruction of sight distance and views of traffic signs and crosswalks must be eliminated, damage done to sidewalks or streets must be minimized and repaired, good appearance of the public streets and grounds must be maintained, trees and other landscaping must be allowed to grow without disturbance and overcrowding due to proximity to News Dispensers, access to emergency and other public facilities must be maintained, and ingress and egress from properties adjoining the public rights of way must be protected and this Ordinance will assist in meeting these goals;

(c) The placement and maintenance of News Dispensers on or within public rights of way is historically associated with the sale and distribution of newspapers, periodicals, and other publications and that such use shall not be denied or unreasonably restricted and this Ordinance will accomplish this goal;

(d) The provisions of this chapter should be consistent with the requirements of the Americans with Disabilities Act for the benefit of the public and this Ordinance is in compliance therewith;

Due to the unique nature of the Downtown Area, additional criteria should be applied to the Downtown Area to preserve and enhance both the appearance and function of both private and public improvements in the Downtown Area, as well as to ensure the ability of businesses to operate without unreasonable interference from News Dispensers and this Ordinance will assist in accomplishing this goal.