Ord 09-06
ORDINANCE NO. 9-06
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CIlY OF DELRA Y BEACH
BY AMENDING CHAPTER 102, "STREETS AND
SIDEWALKS", SECTION 102.43, "STANDARDS FOR
NEWSRACKS AND MODULAR NEWSRACKS, INCLUDING
MAINTENANCE, INSTALLATION AND LOCATIONS", TO
PROVIDE ADDITIONAL STANDARDS FOR THE SAFE AND
SECURE INSTALLATION OF NEWSRACKS THROUGHOUT
THE CIlY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish regulations for the safe and secure installation of
newsracks within the City in order to ensure that they will withstand severe weather conditions such
as hurricanes.
NOW THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA AS FOllOWS:
Section 1. That Section 102.43, "Standards for Newsracks and Modular Newsracks,
Including Maintenance, Installation and Locations", of the Code of Ordinances of the City of
Delray Beach, be, and the same is hereby amended to read as follows:
Sec. 102.43. STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS,
INCLUDING MAINTENANCE, INSTALLATION AND LOCATIONS.
Any newsrack or modular newsrack which in whole or in part rests upon, in or over
any public property or right-of-way located within the City shall comply with the following
standards:
(A) Newsrack SjNciftcations. A newsrack shall not exceed four (4) feet, six (6)
inches in height (including the pedestal, if any), forty (40) inches in width, or twenty-four
(24) inches in depth.
(B) ModNiar Newsrack SjNciftcations. A modular newsrack shall not exceed four (4)
feet, six (6) inches in height (including the pedestal, if any) and twenty-four (24) inches in
depth. A modular newsrack's width shall not exceed the width of the concrete pad.
(
\
(C) &ctanll'iar Shape. Modular newsrack modules shall be arranged so as to
provide an overall square or rectangular shape to the entire modular newsrack.
(0) Adverlising &stmtions. Newsracks and modular newsracks shall carry no
advertising except for the name of the publication being distributed, and a cardholder kept in
a neat and untom condition describing the publication being distributed.
(E) Coin &tums. Coin-operated newsracks and coin-operated modular newsracks
shall be equipped with a coin return mechanism to permit a person wishing to purchase a
newspaper or periodical to secure an immediate refund in the event the newsrack is
inoperable. At all times, the coin return mechanism shall be maintained in good working
order.
(F) Label &qllired Each controlling entity shall permanendy affix to its modular
newsracks and newsracks a label which states a 24-hour, operable telephone number of a
working telephone service which the customer may call to report a malfunction, or to secure
a refund in the event of a malfunction of the coin return mechanism. The label shall feature
clearly on its face the name and address of the controlling entity to give the notices provided
for in this Chapter.
(G) ModNiar Newsrack Locations.
(1) In the following locations, individual newsracks are prohibited.
Modular newsracks may only be placed on concrete pads which will be constructed by the
City in the following areas.
(a) Within the downtown area.
1. East Adantic Avenue east of the FEC Railroad tracks
adjacent to the parking lot on the west side of S.E. 3'"
Avenue.
2. On the east side of the b11ilrling located at the
southwest comer of southbound Federal Highway
and Adantic Avenue.
3. The Municipal Tennis Center, in close proximity to
the clubhouse building.
4. In front of City Hall on N.W. 1" Avenue.
5. At the Gleason Bath House at Adantic Avenue and
South Ocean Boulevard.
2 ORD. NO. 9-06
(
6. Adjacent to the building located at 40 South Ocean
Boulevard.
(b) Within the North Federal Highway Redevelopment Area.
(c) Within the West Adantic Avenue Redevelopment Area.
(d) A modular newsrack may be placed on the west side of South
Ocean Boulevard approximately one thousand (1,000) feet
south of Linton Boulevard
(2) The color of the modular newsracks shall have gloss black bases and
forest green sides and doors. A color sample is available in the Community Improvement
Department.
(H) Maintenance and Repair. The controlling entity shall maintain each movable
fixture in a neat and clean condition, and in good repair at all times. Each movable fixture
shall be maintained so that
(1) It is free of graffiti.
(2) It is reasonably free of dirt and grease.
(3) It is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof.
(4) It is reasonably free of rust and corrosion in the visible metal areas
thereon.
(5) The clear plastic or glass parts thereon, if any, through which the
publications are viewed are unbroken and reasonably free of cracks,
dents, blemishes, and discoloration.
(6) The paper or cardboard parts or inserts thereof are reasonably free of
tears, and are not peeling or tearing.
(l) The strucrural parts are not broken or unduly misshapen.
(8) The surrounding area upon which the newsrack or modular newsrack
is placed will also be maintained in a neat and orderly condition.
(I) Advertising on Benches Prohibited The use of a bench for advertising purposes is
stricdy prohibited.
3
ORD. NO. 9-06
(
,
,
m Stife and SeC1lre Installation. Any newsrack or modular newsrack being installed,
placed or maintained on a Public Right-of-Way, street or sidewalk or other public property
shall be installed in a safe and secure manner so as to prevent the newsrack or the modular
newsrack from being stolen or becoming a hazard in severe weather. At any time, the total
weight of the newsrack, or modular newsrack and any weighting device shall not be less than
one hundred twenty-five (125) pounds. A modular newsrack must be secured to a concrete
pad.
(1) The followin.g standards shall be lijlplicable to the mountin,f of non-
modulor newsracks in this City:
(3) Foundation four inch muumum concrete. twenty-five
hundred (2500) psi. (;wenty-eight-<ilIy streqgtQ). Class I.
(1)) Two-inch minimum concrete e~ distance for bolts.
(<;) One half-inch chamfer all concrete edgl:s.
(9) Three-eights-inch eli.meter hot-di.pped glllvanized hex bolt
mounts three-inch minimum imbedment.. threads down.
through four (~) comers of the pedestal base.
~<i) All bolts to go throqgl1 a pre-drilled closed hole.
(K) Hurricane Wamings. In the event of the issuance of a hurricane warning by
any entity with jurisdiction to issue such a warning, the newsrack shall be secured to the
ground or placed in such a manner so that the newsrack is parallel to the ground.
(L) &covery and Collection. The controlling entity of a modular newsrack or
newsrack shall not recover or collect, from entities placing for distribution publications in a
newsrack or modular newsrack, payments in excess of the actual cost of the newsrack or
modular newsrack, and the actual reasonable costs for maintenance. The cost of the
modular newsrack may be prorated in proportion to the size of the individual module in a
modular newsrack. The cost of a modular newsrack or newsrack may be paid over a thirty-
six-month period, or less, in equal monthly installments. The annual maintenance costs may
also be paid in equal monthly installments. In no event, however, shall a controlling entity
collect payments over the actual costs referred to above, once recaptured. The controlling
entity shall file a document with the Code Enforcement Administrator illustrating the
monthly cost computations.
(M) Uniformity, Compatibility of Style. The City may order the removal of modular
newsracks from Public Rights-of-Way and City property in order to serve as a controlling
entity of modular newsracks to ensure uniformity and compatibility of style.
4
ORD. NO. 9-06
(N) Placement on Concrete PtJti Slab. Modular newsracks shall not be placed on the
concrete pat! slab in a manner to obstruct other modular newsracks on the same concrete
pat! &lI!2 nor may they extend beyond the concrete pat! &lI!2.
(0) Movable Fixtures. Movable fixtures shall be installed and maintained by the
controlling entity or their agent or designee in conformity with existing City Ordinances.
Any movable fixture found to be in violation of the City Ordinances is subject to the
enforcement provision of Section 102.47 and subject to abandonment where indicated by
Section 102.46.
Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
""\~PASSED A~ ..;\DOPTED in regular session on second and final reading on this
the 01\ day of ~D .,-1)) .2006.
8~lb
Y.R '-
ATfEST:
5
ORD. NO. 9-06
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER eM
AGENDA ITEM # \ <:::) ~ - REGULAR MEETING OF FEBRUARY 21. 2006
ORDINANCE NO. 9-06 (AMENDING CHAPTER 102. "STREETS AND
SIDEWALKS")
TO:
SUBJECT:
DATE:
FEBRUARY 17, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 102,
"Streets and Sidewalks", of the Code of Ordinances by enacting Section 102.43, "Standards for
Newsracks and Modular Newsracks, including Maintenance, Installation, and Locations", to provide
additioual standards for the safe and secure installation of newsracks throughout the City.
At the first reading on February 7,2006, the Commission passed Ordinance No. 9-06.
Recommend approval of Ordinance No. 9-06 on second and final reading.
S,\City C).,k\agmda memos 0nI9-06 News_InstolJation 022106
. '
O!\
'~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
'fill ",W ISl AVE"'UE' DELRAY REACH. ELORIDA 33444
T!-:LEPHO!\E: :'i61/:2-iJ-7()l)ll" ~/\CSIMILE: 561/27X-4755
DELRAY BEACH
~
All-America City
, III I! DATE:
Writer's Direct Line: 561/243-7090
MEMORANDUM
January 13, 2006
1993
2001
TO:
City Commission
David T. Harden, City Manager
1)0^0
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance Reoardino Safe and Secure Installation of Newsracks
The attached Ordinance No. 9-06 on newsracks proposes changes to our current
ordinance in order to provide for the safe and secure installation of newsracks
throughout the City of Delray Beach.
Please place this item on the February 7, 2006 City Commission agenda. for
consideration.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
Rich Bauer, Code Enforcement Administrator
J~
ORDINANCE NO. 9-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING
CHAPTER 102, "STREETS AND SIDEWALKS", SECTION 102.43,
"STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS,
INCLUDING MAINTENANCE, INSTALLATION AND LOCATIONS.,
TO PROVIDE ADDITIONAL STANDARDS FOR THE SAFE AND
SECURE INSTALLATION OF NEWSRACKS THROUGHOUT THE
CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish regulations for the safe and secure installation of
news racks within the City in order to ensure that they will withstand severe weather conditions
such as hurricanes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 102.43, .Standards for Newsracks and Modular Newsracks,
Including Maintenance, Installation and Locations., of the Code of Ordinances of the City of
Delray Beach, be, and the same is hereby amended to read as follows:
Sec. 102.43. STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS,
INCLUDING MAINTENANCE, INSTAllATION AND lOCATIONS.
Any newsrack or modular newsrack which in whole or in part rests upon, in or over
any public property or right-of-way located within the City shall comply with the following
standards:
(A) Newsrack Specifications. A news rack shall not exceed four (4) feet, six (6)
inches in height (including the pedestal, if any), forty (40) inches in width, or twenty-four
(24) inches in depth.
(B) Modular Newsrack Specifications. A modular newsrack shall not exceed four
(4) feet, six (6) inches in height (including the pedestal, if any) and twenty-four (24) inches
in depth. A modular news rack's width shall not exceed the width of the concrete pad.
(C) Rectangular Shape. Modular newsrack modules shall be arranged so as to
provide an overall square or rectangular shape to the entire modular news rack.
(D) Advertising Restrictions. Newsracks and modular newsracks shall carry no
advertising except for the name of the publication being distributed, and a cardholder kept
in a neat and untom condition describing the publication being distributed.
(E) Coin Returns. Coin-operated newsracks and coin-operated modular
newsracks shall be equipped with a coin return mechanism to permit a person wishing to
purchase a newspaper or periodical to secure an immediate refund in the event the
newsrack is inoperable. At all times, the coin return mechanism shall be maintained in
good working order.
(F) Label Required. Each controlling entity shall permanently affix to its modular
newsracks and newsracks a label which states a 24-hour, operable telephone number of a
working telephone service which the customer may call to report a malfunction, or to
secure a refund in the event of a malfunction of the coin return mechanism. The label shall
feature clearly on its face the name and address of the controlling entity to give the notices
provided for in this Chapter.
(G) Modular Newsrack Locations.
(1) In the following locations, individual newsracks are prohibited.
Modular newsracks may only be placed on concrete pads which will be constructed by the
City in the following areas.
(a) Within the downtown area.
1. East Atlantic Avenue east of the FEC Railroad tracks
adjacent to the parking lot on the west side of S.E. 31ll
Avenue.
2. On the east side of the building located at the southwest
comer of southbound Federal Highway and Atlantic
Avenue.
3. The Municipal Tennis Center, in close proximity to the
clubhouse building.
4. In front of City Hall on N.W. 1st Avenue.
5. At the Gleason Bath House at Atlantic Avenue and
South Ocean Boulevard.
2
ORC. NO. 9-06
6. Adjacent to the building located at 40 South Ocean
Boulevard.
(b) Within the North Federal Highway Redevelopment Area.
(c) Within the West Atlantic Avenue Redevelopment Area.
(d) A modular newsrack may be placed on the west side of South
Ocean Boulevard approximately one thousand (1,000) feet
south of Linton Boulevard
(2) The color of the modular newsracks shall have gloss black bases and
forest green sides and doors. A color sample is available in the Community Improvement
Department.
(H) Maintenance and Repair. The controlling entity shall maintain each movable
fixture in a neat and clean condition, and in good repair at all times. Each movable fixture
shall be maintained so that:
(1) It is free of graffiti.
(2) It is reasonably free of dirt and grease.
(3) It is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof.
(4) It is reasonably free of rust and corrosion in the visible metal areas
thereon.
(5) The clear plastic or glass parts thereon, if any, through which the
pUblications are viewed are unbroken and reasonably free of cracks,
dents, blemishes, and discoloration.
(6) The paper or cardboard parts or inserts thereof are reasonably free of
tears, and are not peeling or tearing.
(7) The structural parts are not broken or unduly misshapen.
(8) The surrounding area upon which the newsrack or modular newsrack
is placed will also be maintained in a neat and orderly condition.
(I) Advertising on Benches Prohibited. The use of a bench for advertising
purposes is strictly prohibited.
3
ORD. NO. 9-06
(J) Safe and Secure Installation. Any newsrack or modular newsrack being
installed, placed or maintained on a Public Right-of-Way, street or sidewalk or other public
property shall be installed in a safe and secure manner so as to prevent the newsrack or
the modular newsrack from being stolen or becoming a hazard in severe weather. At any
time, the total weight of the newsrack, or modular newsrack and any weighting device shall
not be less than one hundred twenty-five (125) pounds. A modular newsrack must be
secured to a concrete pad.
(1) The followina standards shall be aoolicable to the mountina of non-
modular news racks in this City:
(a) Foundation four inch minimum concrete. twenty-five hundred
(2500) osi. (twentv-eight-dav strenath)' Class I.
(b) Two-inch minimum concrete edae distance for bolts.
(c) One half-inch chamfer all concrete edaes.
(d) Three-eiahts-inch diameter hot-diooed aalvanized hex bolt
mounts. three-inch minimum imbedment. threads down.
throuah four (4) corners of the oedestal base.
(e) All bolts to ao throuah a ore-drilled closed hole.
(K) Hurricane Warnings. In the event of the issuance of a hurricane waming by
any entity with jurisdiction to issue such a warning, the newsrack shall be secured to the
ground or placed in such a manner so that the newsrack is parallel to the ground.
(L) Recovery and Collection. The controlling entity of a modular newsrack or
news rack shall not recover or collect, from entities placing for distribution publications in a
news rack or modular newsrack, payments in excess of the actual cost of the newsrack or
modular newsrack, and the actual reasonable costs for maintenance. The cost of the
modular newsrack may be prorated in proportion to the size of the individual module in a
modular newsrack. The cost of a modular newsrack or newsrack may be paid over a
thirty-six-month period, or less, in equal monthly installments. The annual maintenance
costs may also be paid in equal monthly installments. In no event, however, shall a
controlling entity collect payments over the actual costs referred to above, once
recaptured. The controlling entity shall file a document with the Code Enforcement
Administrator illustrating the monthly cost computations.
(M) Uniformity, Compatibility of Style. The City may order the removal of
modular newsracks from Public Rights-of-Way and City property in order to serve as a
controlling entity of modular newsracks to ensure uniformity and compatibility of style.
4
ORD. NO. ll-06
(N) Placement on Concrete Pad Slab. Modular newsracks shall not be placed
on the concrete \*lEI slab in a manner to obstruct other modular newsracks on the same
concrete \*lEI slab nor may they extend beyond the concrete \*lEI slab.
(0) Movable Fixtures. Movable fixtures shall be installed and maintained by the
controlling entity or their agent or designee in conformity with existing City Ordinances.
Any movable fixture found to be in violation of the City Ordinances is subject to the
enforcement provision of Section 102.47 and subject to abandonment where indicated by
Section 102.46.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof
other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
5
ORC. NO. 9-06
(!c
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CIY-:JL, )
44 Boca Raton/DelraY.Beach News - FridaylSaturday, February 10 &11, 2006.. www.bocanews.com
100
ANNOUNCEMENTS
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