HomeMy WebLinkAbout9B - Ordinance news stand
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
SEPTEMBER 4, 2001
9B
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE REGULATING
PLACEMENT OF NEWS STANDS WITHIN THE CITY
History At the July 2 City Council meeting, the Council considered a
report dealing with the issue of news racks in the right-of-way. At that
meeting, the Council directed staff to prepare an ordinance amending
the City right-of-way ordinance that limited news racks to business
districts, there should be a standard as to style and color, the ordinance
language should not deal with the content of the material being
distributed, the ordinance should limit the number of locations and
have a licensing requirement for the racks.
Current Circumstances Currently, there at least 6 news racks located in
the City. All of these are located in commercial zoning districts and
four of them are located in the Downtown area. The racks are either
black or yellow. One box is located on a sidewalk adjacent to a light
pole while the remainder are located on boulevards.
Issues There are several issues related to the placement of news racks
on the right-of-way. The primary issues are pedestrian and traffic
safety and aesthetics. The unregulated placement of news racks can
impede pedestrian traffic and create traffic problems by blocking sight
lines at intersections and other critical locations. The variety of types
of news racks with differing types of materials, colors and
maintenance standards can result in visual blight in the community.
Communities around the country have attempted different methods of
regulating news racks with varying degrees of success. Some cities
tried to ban them completely. These ordinances were almost
unanimously found to be unconstitutional as an unreasonable
restriction on free speech. Other cities allowed them but reserved the
right to revoke the permits without cause. In still other cities, the
ordinance permitted racks to be seized without a hearing. These
ordinances were also struck down. Still other ordinances were defeated
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AN EQUAL OPPORTUNITY EMPLOYER
because there were no standards in the ordinance or because news
racks were treated differently than other facilities permitted in the
right-of-way such as utility boxes.
In developing any regulation affecting speech, the City must be careful
to develop regulations that are the minimum necessary to achieve the
goals of the City. Several court cases have established tests that must
be met to insure the ordinance will withstand a challenge. These tests
are:
1. Is the ordinance content-neutral? That is, does the ordinance
regulate the message being transmitted or only the manner in
which it is distributed?
2. Does the ordinance advance a legitimate governmental
interest?
3. Does the ordinance draw narrowly defined standards?
4. Does the ordinance impose only reasonable time, place and
manner restrictions?
If all the answers to these questions are yes, the ordinance should be on
sound footing. Staff believes the proposed ordinance meets these tests.
First, the ordinance is content neutral as it only regulates the location
of the racks and not the content of the material being distributed.
Second, there are legitimate governmental interests being advanced
related to traffic and pedestrian safety and aesthetics, particularly with
regard to the prohibition of racks in the Downtown District. A specific
objective in the Downtown zoning district is to improve the visual
quality of Downtown. This ordinance will help to accomplish that
objective. Third and fourth, the ordinance standards are narrowly
drawn as they impose reasonable time, place and manner restrictions
on news racks while permitting them in all but one of the commercial
and industrial zoning districts in the City.
Conclusion The attached ordinance has been drafted so as to meet the
four tests that determine whether a news rack ordinance will withstand
judicial scrutiny. The proposed ordinance will have the following
impacts:
· Newsracks are prohibited in the Downtown zoning district and
all residential districts.
· Newsracks may not be located on the traveled portion of any
street.
· The location and number of newsracks in the commercial and
industrial zones are limited for safety, health and aesthetic
reasons.
· Minimum standards for maintenance and repair of newsracks
are provided.
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ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
· Newsrack colors are limited to black, brown and gray for
aesthetic reasons. Red, yellow and other bright colors are not
permitted.
. The City will issue permits for newsracks it finds to be in
compliance with ordinance requirements.
. Newsracks on sidewalks must allow 6 feet of clearance for
pedestrian passage.
. Newsracks defined as abandoned may be confiscated following
notice to the permit holder.
. A permit holder may appeal the Public Works Director's
decisions relative to administration of this ordinance to the City
Council.
Staff concludes the proposed ordinance will achieve the objectives the
Council wishes to achieve.
The Council has three alternatives:
1. Approve Ordinance 0 I-XX
2. Deny Ordinance 01-XX
3. Defer action on the Ordinance and provide staff with specific
direction
Motion and second to approve Ordinance 01-XX regulating news
racks in the right-of-w .
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CITY OF PRIOR LAKE
ORDINANCE NO. 01- XX
AN ORDINANCE AMENDING SECTION 701 OF THE PRIOR LAKE CITY
CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 701 of the Prior Lake City Code is hereby amended by adding the following
language:
SECTION 701.800
REGULATION OF NEWSRACKS
701.801
701.802
701.803
701.804
701.805
701.806
701.807
701.808
701.809
701.810
701.811
701.812
701.813
701.814
701.801
INTENT AND PURPOSE
DEFINITIONS
Newsrack Prohibited
Permit Required
Application for Permit
Conditions for Permit
Hold Harmless
Newsrack Identification Required
Location, Placement and Number of Newsracks
Standards for Maintenance and Installation
Violations
Appeals
Abandonment
Severability
INTENT AND PURPOSE
(1) Findings.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
a. The uncontrolled placement and maintenance of newsracks in public
right-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.
b. 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.
c. These factors constitute an unreasonable interference with and
obstruction of the use of public rights-of-way, constitute an
unwarranted invasion of individual privacy, are injurious to health,
offense to the senses, and constitute such an obstruction of the free use
of property as to interfere in the comfortable enjoyment of life and
property by the entire community.
d. The City Council recognizes, however, that the use of such rights-of-
way is so historically associated with the sale and distribution of
newspapers and publications that access to those areas for such
purposes should not be absolutely denied. The City Council further
finds that these strong and competing interests require a reasonable
accommodation that can only be satisfactorily achieved through the
means of this Ordinance that is designated to accommodate such
interests regulating the time, place and manner of using such
newsracks.
(2) Purpose. The provisions and prohibitions hereinafter contained and
enacted are in pursuance of and for the purpose of securing and
promoting the public health, morals, and general welfare of persons in
the City of Prior Lake in their use of public rights-of-way through the
regulations of placement, appearance, number, size and servicing of
newsracks on the public rights-of-way so as to:
a. Provide for pedestrian and driving safety and convenience;
b. Ensure no unreasonable interference with the flow of pedestrian or
vehicular traffic, including ingress to, or egress from, any place of
business or from the street to the sidewalk;
c. Provide reasonable access for the use and maintenance of sidewalks,
poles, posts, traffic signs and signals, hydrants, mailboxes, and similar
appurtenances, and access to locations used for public transportation
purposes;
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d. Reduce visual blight on the public right-of-way, protect the quiet of
residential areas;
e. Reduce exposure of the city to personal injury or property damage
claims and litigation; and
f. Protect the right to distribute information protected by the United
States and Minnesota Constitutions through use of newsracks.
(3) Preservation of Constitutional Rights. It is not the intent of this
Ordinance to in any way discriminate against, regulate, or interfere
with the publication, circulation, distribution, or dissemination of any
printed material that is constitutionally protected.
701.802
DEFINITIONS. As used in this Ordinance, unless the context otherwise
clearly indicates:
a. Block means one (1) side of a street between two (2) consecutive
intersecting streets.
b. Distributor means the person responsible for placing and maintaining a
newsrack in a public right-of-way.
c. Newsrack means any self-service or coin-operated box, container,
storage unit or other dispenser install, used, or maintained for the
display and sale of newspapers or other news periodicals.
d. Parkway means the area between the sidewalk and the curb of any
street, and where there is no sidewalk, the area between the edge of the
roadway and the property line adjacent thereto. Parkway shall also
include any area within a roadway that is not open to vehicular travel.
e. Person means any person or persons, or entity including, but not
limited to, a corporation, partnership, unincorporated association or
joint venture.
f Roadway means the traveled portion of any street or alley
g. Sidewalk means any surface provided for the exclusive use of
pedestrians.
h. Street means all the area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways,
alleys and sidewalks.
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701.803
701.804
701.805
NEWSRACKS PROHIBITED.
1. No person shall install, use, or maintain any newsrack which projects
into, or which rests, wholly or in part, upon a roadway of any public
street.
2. No Person shall install, use, or maintain newsracks:
a. When such installation, use or maintenance endangers the safety of
persons or property;
b. When such site or location is used for public utility purposes, or
other governmental use;
c. When such newsrack unreasonably interferes with or impedes the
flow of pedestrian or vehicular traffic, including parked or stopped
vehicles;' the ingress in or egress from any residence or place of
business; the use of poles posts, traffic signs or signals, hydrants,
mailboxes, or other objects permitted at or near said location.
d. When such newsrack interferes with the cleaning of any sidewalk
by the use of mechanical sidewalk cleaning machinery; or
e. In any other manner inconsistent with or in violation of the
provisions of this Ordinance.
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 Prior Lake any newsrack
without first having obtained a permit from the Public Works Director
specifying the exact location of the newsrack. One permit may be issued
to include any number of newsracks, and shall be signed by the applicant.
ApPLICATION FOR PERMIT.
1. Application for such permit shall be made, in writing, to the Public
Works Director upon such form as shall be provided by him, and shall
contain the name and address of the applicant, the proposed specific
location of said newsrack, and shall be signed by the applicant.
2. From the above application information the Public Works Director
shall approve the locations. He shall be guided therein solely by the
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701.806
701.807
701.808
701.809
standards and criteria set forth in this Ordinance. In any case where
the Public Works Director disapproves of a particular location, such
disapproval shall be without prejudice to the registrant designating a
different location or locations. Newsracks shall only be permitted in
the C-l, C-2, C-4, C-5 and I-I Districts.
CONDITIONS FOR PERMIT.
1. Permits shall be issued 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.
Permits shall be issued within five (5) working days after the
application has been filed. A permit fee shall be established by the
City Council.
2. Such permits shall be valid for three (3) years and shall be renewable
pursuant to the procedure for original applications referred to in
Section 18-105 and upon payment of the permit fee.
HOLD HARMLESS. Every owner of a newsrack who places or maintains a
newsrack on a public sidewalk or right-of-way in the City of Prior Lake
shall file a written statement with the Public Works Director in a form
satisfactory to the City Attorney, whereby such owner agrees to indemnify
and hold harmless the City, its officers, and employees, from any loss,
liability, or damage, including expenses and costs, for bodily or personal
injury, and for property damage sustained by any person as a result of the
installation, use and/or maintenance of a newsrack within the City of Prior
Lake.
NEWS RACK IDENTIFICATION REQUIRED. Every person who places or
maintains a newsrack on the streets of the City of Prior Lake shall have his
permit number, name, address and telephone number affixed to the
newsrack in a place where such information may be easily seen. Prior to
the designation of location by the Public Works Director under Section
701.809 herein, the registrant shall present evidence of compliance with
this Section.
LOCATION, PLACEMENT AND NUMBER OF NEWSRACKS.
1. Any newsrack which rests in whole or in part upon, or on any portion
of a public right-of-way or which projects onto, into, or over any part
of a public right-of-way shall be located in accordance with the
following provisions of this Section:
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a. No newsrack shall be used or maintained which projects onto,
into, or over any part of the roadway of any public street, or
which rests, wholly or in part upon, along, or over any portion of
the roadway of any public street.
b. No newsrack shall be chained, bolted, or otherwise attached to
any fixture located in the public right-of-way, except to other
newsracks.
c. Newsracks may be placed next to each other, provided that no
group of newsracks shall extend for a distance of more than eight
(8) feet along a curb, and a space of not less than three (3) feet
shall separate each group of newsracks.
d. No newsrack shall be placed, installed, used or maintained:
I. Within ten (10) feet of any marked crosswalk.
II. Within fifteen (15) feet of the curb return of any unmarked
crosswalk.
III. Within five (5) feet of any fire hydrant, fire call box, police
call box or other emergency facility.
IV. Within fifteen (15) feet of any driveway.
V. Within three (3) feet ahead or forty (40) feet to the rear of
any sign marking a designated bus stop.
VI. Within five (5) feet of the outer end of any bus bench.
VII. At any location whereby the clear space for the
passageway of pedestrians is reduced to less than six (6) feet.
VIII. Within three (3) feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping, or
within three (3) feet of any display window of any building
abutting the sidewalk or parkway or in such a manner as to
impede or interfere with the reasonable use of such window
for display purposes.
IX. Within 150 feet of any other newsrack on the same side of
the street in the same block containing the same issue or
edition of the same publication.
X. Within five (5) feet of any access ramp for disabled
persons.
a. No more than four (4) newsracks shall be located on any public
right-of-way within a space of two hundred (200) feet in any
direction within the same block of the same street; provided,
however, that no more than eight (8) newsracks shall be allowed
on anyone block. In determining which newsracks shall be
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permitted to be located or to remain if already in place, the
Public Works Director shall be guided solely by the following
criteria:
I. First priority shall be daily publications (published five (5)
or more days per week).
II. Second priority shall be publications published two (2) to
four (4) days per week.
III. Third priority shall be publications published one (1) day
per week.
IV. Fourth priority shall be publications published less often
than one (1) day per week.
701.810
STANDARDS FOR MAINTENANCE AND INSTALLATION. Any newsrack
which in whole or in part rests upon, in or over any public sidewalk or
right-of-way shall comply with the following standards:
1. No newsrack shall exceed five (5) feet in height, thirty (30) inches in
width, or two (2) feet in thickness.
2. No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale, or purchase of the
newspaper or news periodical sold therein.
3. Each newsrack shall be equipped with a coin-returned mechanism to
permit a person using the machine to secure an immediate refund in
the event the person is unable to receive the paid for publication. The
coin-return mechanism shall be maintained in good working order.
4. 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 Ordinance.
5. All newsracks shall be black, dark brown or gray.
6. Each newsrack shall be maintained in a neat and clean condition and in
good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and
maintained so that:
a. It is reasonably free of dirt and grease;
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701.811
701.812
b. It is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof;
c. It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
d. The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free
of cracks, dents blemishes and discoloration;
e. The paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading; and
f. The structural parts thereof are not broken or unduly misshapen.
VIOLATIONS. Upon determination by the Public Works Director that a
newsrack has been installed, used or maintained in violation of the
provisions of this Ordinance, an order to correct the offending condition
shall be issued to the distributor of the newsrack. Such order shall be
telephoned to the distributor and confirmed by mailing a copy of the order
by certified mail return receipt requested. The order shall specifically
describe the offending condition, suggest actions necessary to correct the
condition, and inform the newsrack distributor of the right to appeal.
Failure to properly correct the offending condition within five (5) days
(excluding Saturdays, Sundays and legal holidays) after the mailing date
of the order or to appeal the order within three (3) days after its receipt
shall result in the offending newsrack being summarily removed and
processed as unclaimed property. If the offending newsrack is not
properly identified as to owner under the provisions of Section 701.808
hereof, it shall be removed immediately and processed as unclaimed
property. An impound fee, which shall be measured by the City's cost and
expense of impounding, shall be assessed against each newsrack
summarily removed. The Public Works Director shall cause inspection to
be made of the corrected condition or of a newsrack reinstalled after
removal under this section. The distributor of said newsrack shall be
charged an inspection fee for each newsrack so inspected. This charge
shall be in addition to all other fees and charges required under this
Ordinance.
ApPEALS. Any person or entity aggrieved by a finding, determination,
notice, order or action taken under the provisions of this Ordinance may
appeal and shall be appraised of his right to appeal to the City Council.
An appeal must be perfected within three (3) days after receipt of notice of
any protested decision or action by filing with the Office of the Public
Works Director a letter of appeal briefly stating therein the basis for such
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701.813
appeal. A hearing shall be held on a date not more than thirty (30) days
after receipt of the letter of appeal. The appellant shall be given at least
ten (10) days notice of the time and place of the hearing. The City
Council shall give the appellant, and any other interested party, a
reasonable opportunity to be heard, in order to show cause why the
determination of the Public Works Director should not be upheld. At the
conclusion of the hearing, the City Council shall make a final and
conclusive decision.
ABANDONMENT. In the event a newsrack remains empty for a period of
thirty (30) continuous days, the same shall be deemed abandoned, and may
be treated in the manner as provided in Section 701.811 for newsracks in
violation of the provisions of this Ordinance.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of September, 2001.
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ATTEST:
City Manager
Mayor
YES
NO
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
Published in the Prior Lake American on the 8th day of September, 2001.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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