17.12.030 MANDATORY MODULAR STANDARDS.
All News Dispensers within the Mandatory Modular Area shall be Modular Newsracks placed by the City, or at the option of the Director, placed by an Operator contracted with by the City. In conjunction with the Publishers and interested adjacent property or business owners, the Director of Public Works shall determine the number of Modular Newsracks and the size and the location at which they will be placed. The final determination of each placement of Modular Newsracks shall be in the discretion of the Director of Public Works, but shall be exercised based upon the following criteria:
(a) Is the placement consistent with the goal of eliminating pedestrian congestion and enhancing pedestrian safety in the Mandatory Modular Area?
(b) Is the placement consistent with the goal of maintaining vehicular safety in the Mandatory Modular Area?
(c) Is the placement consistent with the goal of improving aesthetics by reducing visual clutter in the Mandatory Modular Area?
(d) Is the placement consistent with the goal of preserving business premises visibility and safety access to properties in the Mandatory Modular Area?
(e) Is the placement consistent with the goal of improving aesthetics by creating a consistent color and appearance pattern throughout the Mandatory Modular Area?
(f) Does the placement not impinge upon access to public utility vaults, poles, boxes, etc, or upon municipal facilities such as sidewalk trees and grates, public flower boxes, trash receptacles, benches, parking meters, fire hydrants etc.?
(g) Is the placement necessary to provide sufficient locations for dispensing Publications in the Mandatory Modular Area such that the applicant Publisher is afforded an effective opportunity within that Area to reach its readership?
If based upon substantial evidence the answer to all of the aforementioned questions is "yes", the Director shall approve the location for installation of a Modular Newsrack. In the event the Modular Newsracks are not owned by the City, the location and all other conditions shall be specified in an encroachment permit issued by the Department of Public Works. The City may in its discretion assign, delegate or contract for placement, operation or maintenance of Modular Newsracks or Modular Newsrack stands owned by it, but shall remain subject to the requirement of this chapter.