17.12.120 UNLAWFUL OBSTRUCTIONS: FREESTANDING NEWSRACKS.

This section shall only apply to Freestanding Newsracks. Modular Newsracks shall be placed in accord with section 17.12.030.

(a) Freestanding Newsracks shall only be placed near a curb or adjacent to the wall of a building. Freestanding Newsracks placed near a curb shall be placed not less than eighteen inches (18") nor more than twenty-four inches (24") from the edge of the curb. Freestanding Newsracks placed adjacent to the wall of a building shall be placed parallel to said wall and not more than six inches (6") from the wall; Freestanding Newsracks placed at the edge of sidewalk furthest from the curb shall be placed parallel to, and within six inches (6") of, the edge of such sidewalk.

(b) No Freestanding Newsrack shall be chained, bolted, or otherwise attached to any property not owned by the permittee unless the permittee has obtained from the owner of the property and from the Public Works Inspector written permission to do so.

(d) Freestanding Newsracks may be placed, installed or maintained next to each other provided that no group of Newsracks placed along a curb shall extend for a distance of more than sixteen feet (16').

(e) Freestanding Newsracks shall comply with all accessibility standards of the Americans with Disabilities Act.

(f) No Freestanding Newsrack shall be placed, installed or maintained:

(1) Within five feet (5') of:

(A) any marked crosswalk;

(B) any wheelchair curb ramp not located on a marked crosswalk;

(D) any blue curb or other designated disabled parking zone.

(2) Within fifteen feet (15') of the curb return of any unmarked crosswalk, measured from the curb return;

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

(4) Within five feet (5') of any driveway;

(5) Within fifteen feet (15') ahead of, and five feet (5') to the rear of, any sign or pavement markings designating a bus stop measured parallel to the flow of traffic; provided, that Freestanding Newsracks located seven feet (7') or more from the curb, measured perpendicular to the roadway, are exempt from the setback requirements of this Section;

(6) In such a way as to block access to any bench, seat, or chair placed, installed or maintained for public use within a Public Right Of Way;

(7) In such place or manner as to cause, create, or constitute a traffic hazard;

(8) In such place or manner as unreasonably to obstruct or interfere with access to, or the use and enjoyment of abutting property, including any legally parked or stopped vehicle;

(9) In such place or manner as to endanger persons or property;

(10) In such place or manner as unreasonably to interfere with or obstruct the flow of pedestrian or vehicular traffic on a public right of way or sidewalk;

(11) In such place or manner as to reduce the space for the passage of pedestrians to less than three feet (3') in width;

(12) In such place or manner as to interfere with the use of poles, posts, mailboxes, utility access point or meter or other permanently fixed objects lawfully located at or near the location of the Freestanding Newsrack;

(13) In such place or manner as to impede or interfere with the reasonable use of any commercial window display;

(14) Adjacent to or in such place or manner as to obstruct or interfere with access to, or the use of, a parking space, access ramp, or similar facility.

(15) Within 100' of any News Dispenser distributing the same publication of the permittee.