Loading...
HomeMy WebLinkAbout01-09 CITY OF PRIOR LAKE ORDINANCE NO. 01- 09 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 (I) Findings. a. The uncontrolled placement and maintenance of newsracks in public right-of-way presents an inconvenience and danger to the safety and r: \ordinanc\200 1 \0 1-09 .doc PAGE 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 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; d. Reduce visual blight on the public right-of-way, protect the quiet of residential areas; r:\ordinanc\2001 \Ol-09.doc PAGE 2 701.802 701.803 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. 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 ofthe 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. NEWSRACKS PROHIBITED. r:\ordinanc\2001 \0 l-09.doc PAGE 3 701.804 701.805 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 nwnber of news racks, 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 standards and criteria set forth in this Ordinance. In any case where the Public Works Director disapproves of a particular location, such r: \ordinanc\200 1 \0 1.09 .doc PAGE 4 701.806 701.807 701.808 701.809 disapproval shall be without prejudice to the registrant designating a different location or locations, Newsracks shall only be permitted in the C-I, C-2, C-4, C-5 and I-I Districts. CONDITIONS FOR PERMIT. I, 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, NEWSRACK 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: r:\ordinanc\200 1 \Ol-09.doc PAGE 5 r:\ordinanc\200 1 \Ol-09,doc 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 permitted to be located or to remain if already in place, the PAGE 6 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; r:\ordinanc\2001 \Ot-09.doc PAGE 7 701.811 701.812 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 r: \ordinanc\200 1 \0 1 ~09 .doc PAGE 8 701.813 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, r:\ordinanc\200 1 \0 1-09 .doc PAGE 9 (.AJe,,~ VVl, KA~ Mayor YES NO Mader l( Mader Gundlach )C Gundlach Ericson )f 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 1:\01 files\Ol ordamend\city code\newsrack\ordOl ~xx09040 I.doc PAGE 10