14-82 ORDINANCF_ NO. lg.-g2
AN ORDINANCE OF TI-IE CITY COUNCIL OF THF_ CITY OF
D~LRAY BEACH, FLORIDA, AMENDING CHAPTBR 23, "BTRBF. T$
AND SIDBWALK$", BY 5NACTING A NF_W ARTICL5 IV, "NEWS-
RACK REGULATIONS", PROVIDING DF. FINITION$; PROVIDING
STANDARDS FOR INSTALLATION OF NEV;SRACK$ ON PUBL/C
RIGPITB-OF-~AY; RBGULATING THE LOCATION AND PLACIi-
MF_NT OF NF_WSRACKS~' PROVIDING FOR ABANDONMF. NT; Rt~GU-
LATING NI~WSRACK$ LOCATF. D ON PRIVATI! PROPF. P.T%'; PROVI-
DING FOR ENFORCF. A4F. NT OF NET;St,ACK RIBGULATIONS~ PRO-
rIDING FOR APPBAL$; PROVIDING A BAV~NG CLAUSF.4 PRO-
VID[NC[ FOR MAILING OF COP1W_5 OF THIS ORDINANClB; PROVID-
ING AN F_FFI!CTIVE DATF..
~UrtBRBAB,. :he CiD/ Council of :he CiD/ ot Delray Beach, Florid~ f~ ~d d~~
mac me ~con~ plKem~c ot news~ ~ p~c
~~ the p~v~s ~d p~h~i~s
p~ce ot ~d ~or :he p~ ot s~B ~d
NOW, ~ER~OR~ B~ ~ ORDAINED BY
5~ 1. ~ax Ch~e~ ~, "5~ ~d
Ci~ ot De~ay 5~, Florida, is h~eby ~d~ by ~a~ a new A~i~e IV, "New--ok
R~a~ons", to read ~
AR~CL~ IV. N~SRACK R~GULA~ONS.
. (a) "Adw~~ ~~' $h~ me~
no news re~.
or~y ~ for bi~e ~f~.
(c) "Ci~ ~n~' ~ ~ herein
(d) "D~ibu~o~' sh~ me~ :he pe~on r~nsible for
new~, :he o~er o~ ~e newsra~, or the pub~sher ot ~he news~per vend~
(e) "Newsra~" sh~ me~ ~y~ se~-service or
~: or oth~ d~nser [ns:~, ~, or m~:~ for :he d~piay, s~e or
d~ibu~on of newspa~r or o:her news p~i~c~s or adv~isin~ ~r~l~.
(f) "Public A&~" sh~ me~ :he Ci~ o~ Delray 5ea~, Florida, P~m Beach Co~:y,
Florida, or :he 5ta:e of Florid~
(g) "Swale" shall mean any area within & right-of-way which is no.c el:her a bike path,
sidewaJl< or roadway, The terms shaJl aLso include any area within a roadway which
is hOC open to vehicular :ravel.
(h) "Roadway" shall mean that' portion of a. right-of-way improved, designed~ or
orctinarily used for vehicular traffic.
(i) "Sidewalk" shall mean any surface within a right-of-way provided for the exclusive
or primary use ot pedestTians.
(j) "Right-or-way" shall mean alt that are~ dedica.ced :o public use or o.cherwise owne~L'
by ~ public agency for public sl~eet purposes and shaJl include, but not be
to, roadways, swales, bike paths and sidewalks..
Sec. 23o51. Location and Placement o~ Newsracks.
Any newsrack which res~ in whole or in pa~ upon, or on any port~ort ot the public
o~-way or which proiects ontx3, in'co, or over any part of ~ public right-of-way shaJl be loch:ed: in
accordance wil~ :he provisions ot this secl~on:
(a). No ne~oTactc, shaLL be used o¢ rnaintainect whict~ projec~ on:o~ into, or over any' pat:
of: az~y. roa~wa.y or bike pazlT, or which resl:~ wholly or in part upon~ or over' any-
portion ot any roadway or bike path.
(b) No newsract~ shall be permittect :o rest upon, in or over any r, vale, or sidewalk
when such installa~on~ use or maintenance endanger,, the salety ot persor~ or
property~ or when such newsraca~ unrea.~onal~ly ob.q~mcl~ the flo~ of pedestriazt or
vehicular :ratfiG the ingress or egress from any residence or place of bu&ine~ or
:he use of poles~ posts, trag~ic si$ns or signals, hydrants, mailboxes, or ocher
obiecl~ permitted a.c or near said location.
(c) No newsrax:k may be chained, bol.ced or other~tise attached :o any fixture locaIect
in the ri$hlr-ot-way when' such chalninl~, bolting or other attachment subsT, anttally
increase~ ~ known dan~er to the satety of persons or property, and :hen-only
provided that :he perrnL~ion of the owner of'the fixture is flrs~t
(d) In :he event ~ newsrack is located upon, in or over a sidewalk which is abutted by
· swale of sulficlent sL~e to fully and lawfully accommodate a newsract< and such
newsrack unreasonably obsIruc-ts the flow of pedestrian tra~l¢ on such sidewalk,
then upon no,ce and reques.c by the City, the disttibu.cor shall remove the newsr~¢k
from :he. sidewalk and lawfully install i.c on the abutting swale.
Sec. Z3-~2. Abandonment.
In the even: a newsrack remains empty for a period of thirty (~0) continuous days,
shall be deemed abandoned, and may be treated in the same manner as provided in $ection Z3-St, for
newsracks in violation of the provisions of this
$e<:. 23-5~. Newsracks Located on Private Property.
Any newsrack located to:ally on private property shaJl be subiec: :o and comply with the
provL~tons of $ec:ion 23-51.
(a) Upon determination by the City Engineer that a newsrack has been installed, used
or maintained in violarJon of the provisions of this Chapter, an order :o correct the
offending ¢onclitton shall be issued :o the distributor of the newsrack. Such order
shall be mailed by ce~ified mail re:urn receipt requested. The order shall
specLfic~y describe the offending condition and suggest ac:ions necessary :o
corr~-c the-condiZion. The 'Order shall conzain the results and any daz& colieczed
from any pedes~ian and vehic~ar traffic s~dy thai: may have been performed to
asce~a.in the offending condition. In addition, where the owner of the offending
newsracJc is not known or identi.f~ed, a copy o~ the order shaaL[ be posted on the
offendinG newsracko
(b) Failure to property correct the offending condition within twenty (20) days a~ter
the ma&Ling; or pos%'"ing; daze o~ the order, whichever is [ate~, shrill resu~'c in the
offending; newsr~c..k being removed by the City. Lf. the offending; newsracic is
property idenld~ed a.~. to the ct[s~'ibutor and the disl=-ibutor is not othemvise known,.
the. order shoaL[ be po~ed as- provided herein and if the offending; condil~ort is not
corrected within' the twenty (20) days, i1: shnii b~ removed by the- City.. Any
newsrack removed by the- City hereunder sha~ be s~ored a~ the-cLtsl='ibutor's
expense for a. period of. ninety (90) days. The newsrack shnii be reiea.~e~ to
c[[s~butor upon a prope~ showing; o~ ownership and paymenl: o~ any and a~
charges° In the even~' the-newsrack is no~ ctnimed within the ninety (~)0) day
period, the newsrack may be-sold at public aucr4on and the proceeds applied ~irsl: to
s't'orage char~es and then. pa~d into the ~enerai fund o~ the City. At lea.~l: ten (i0)
days prior to the public auc~on, the" City Clerk sha~ publish a desc~p~4on o~ the
newst-4ck~ the" iocat4on ~rom which it was removed and nofic~ o~ the auc~on in
ne~spape~ of: ~ertera~ c~t-cu~&~ort in the City and sha~ provide- the dis~ibu~or
[dertti~ed on the newst-ac..$c or if otherw~ known~ with wd~l:en notific.~l~on o:[ the
aucl~on by ce~ified maZ[., rez'~-n receipt requested.
(c) irt the even1: the dist~butor o~ the newst-ack appeals the order to co~ect the
offending; conc[[l~ort~ as providect ~or ir) Sermon 23-5~, then removal o~ the newsrax:k
sha~L be. s~a.yed petering; final disposition o~ the" appeal, which fina dispoation sha~
include any judi~aJ, review. The City sha~ pay or reimburse to the distributor any
storage charges pa~d pumuanl: to an order 'co correc~ which is a~opealed as provided
herein and the deci~on rendered favorable to the dis~ibutor.
Sec. 23-55. Appeals.
Any person or eflt[ty a~eved by a finding) determination, notice or acl~on taken' under'
the provL~tons hereof (hereina.t['cer, an appeL[ant) may appea~ to the Code Enforcemen'c Board. An
appea~ taus1: be perfected within the twenty (20) days a~[ter the mai~L[ng or postin~ of. the notice
any protested decision or acr4on by delivering to the office of the City Engineer a letter of appeal
brief.[y s~.l:L~g; therein the basis ~or the appeal. A hearinG on the appeal shalJ be heId on a date not.
more than sbct'y (60) days attar receipt o~ the Ie~er of appeal The appellant sha~[ be ~ven at leas~
seven (7) days wri~en notice o~ the time and place of the hearinG. The Board shad[ ~ve the
a,ppetlart~:, and any other interested paz-ty, a rea.~onabte opportunity to be heard, in order to show
cause why the determin&l'4on of the City Engineer should not be upheld. At the conclusion of the-
hearing) the Board sh~L[ make ~ final and conclusive determination. The determina~on sh~li be
reduced to wri)4ng and. siFt.ned by the chairman of the Board and [iled in the office of the City C~erk
wi~uhin twenty (20) days o~ the hearing and a copy shalJ, be sent to the appelianl:'. The de,sion of the
Board shaJ.[ be effecr4ve when rendered. The decision of the Board may be ~ppealed as provided
by I~w.
Sec'don 2. Thai: should any Sec-don or provision of this ordinance or any pot-tion thereof,
any paragraph, sentence, or work be dec. tared by a Cou~ o~ competent jurisdicr4on to be invalid,
such dec, ion sha~J, no1: a~fec'c the validity of the remainder hereo~ as a whole or pax"t thereof other
than the pa~t declared to be invalid.
Sec'don 3. That the City Clerk is hereby authorized and directed to mnil a copy of this
ordinance immediately upon adoption to.- Miami Herald, Palm Beach Post, Po. ira Beach Times, For'c
La~aderdale News, Sun-Sentinel, Deiray Beach News-3ournni, [3etr~y T[mes, Boca Eaton News, a~d
any other newspapers and publishers known to the City Clerk whose newspapers or news periodicals
are di~r~buted by newsr~cks in the City of Delr~y Beach. However, lack o~ receipt of such copy
this ordinance sh~L[ not ~revent the enforcement of the terms a.nd provisions of this ordinance a.~cer
the effec~ve da~e hereof.
ORD. NO. 1o,-82
5eczion ~.' Tha: :his ordinance shal~ become e~eczive :hirry (30) days a~'cer pa~age on
second a~d ~ina. l re~ding.
PASSED AND ADOPTED in re~u~ session on second and final reading on 'chis The
23r~ day of ~'eb=ua----'7 ,1982.
MAYOR
~ON M. ~S
A~T:
F~ Rea~$ ~~ 9, 1982
5~ond Rea~E F~~ 23, 198 2