23-96 FAILED ON lST READING - 5/7/96
ORDINANCE NO. 23-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3,
"MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON TIlE
PLACEMENT, APPEARANCE, AND MAINTENANCE OF
NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, substamial growth in the number of newspaper operators and Newsracks in the City
has produced a significant increase in the number of Newsracks installed in public rights-of-way; and
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presems 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; and
WHEREAS, the installation and placemem of Newsracks in public rights-of-way has resulted in
concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof;
and
WHEREAS, the City Commission finds that there is a need to regulate and establish procedures
regarding installation, placement maintenance and insuring of Newsracks within the City; and
WHEREAS, the City Commission finds that such regulations and procedures governing
Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray
Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
S~tion 1. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use and Work in
the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of-Way", of the City of
Delray Beach Land Development Regulations is hereby amended to read as follows:
Section 6.3.3 Movable Fixtures Within the Right-of-Way;
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(AT) Purpose and Scope:
The purpose of the following is to promote the public health, safe_ty and welfare through the
re_inflation of placement, type. appearance, servicing, and insuring of newsracks on public rights-of-way
so as to:
(17) Provide for pedestrian and driving safe _ty and convenience.
(2) Restrict unreasonable interference with the flow of pedestrian or vehicular traffic
including ingress into or egress from any residence or place of business, or from the street to
the sidewalk by persons exiting or entering parked or standing vehicles.
(37) Provide for public and property, safe .ty during hurricane conditions.
(4) Provide reasonable access for the use and maintenance of poles; posts, traffic signs
or signals, hydrants, mailboxes and access to locations used for public transportation purposes.
(5) Relocate and/or replace newsracks which result in a visual blight and/or excessive
space allocation on the public rights-of-way or which unreasonably detract from the aesthetics
0f store window displays, adjacent landscaping and other improvements, as well as to have
abandoned newsracks removed.
(6) Maintain and protect the values of surrounding properties and prevent damage to
grass right-of-way areas.
(7) Reduce unnecessary, exposure of the public to personal injury or property_ damage.
(8) Treat all newspapers equally regardless of their size, content, circulation, or
frequency of publication.
(9) Maintain and preserve freedom of the press.
(10) Cooperate to the maximum with newspaper distributors,
~) Definitions: For the purpose of this subsection the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
"Advertising Circular." Any publication that contains only advertising and no news
reports.
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"Auxiliary Lane." A turn lane or on-street parking area.
"Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for
bicycle traffic.
"Controlling Entity." The person or entity responsible for placing and maintaining a
movable fLxture, the owner of the movable fixture, or the publisher of the newspaper vended within a
newsrack.
"Downtown Area.' The rectan_eular area bounded generally by the western right-of-way
of S,W./N.W. 4th Avenue on the west. the northern right-of way of N.W./N.E. 2nd Street on the north,
and the Intracoastal Waterway on the east. In addition, on the east side of the Intracoastal Waterway.
Lowry_ Street on the north. Miramar Street on the south, and the western right-of-way of Ocean
Boulevard on the east. Also including N.E. 2nd Avenue from Atlantic Avenue north the N.E. 4th
"Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop
prior to entering the intersection.
"Movable Fixture." Any newsmck, bench, or other non-attached fixture.
"Newsrack." Any self-service or coin-operated box, container, storage unit, or other
dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news
periodicals or advertising circulars.
"Paved Surfaces." Any hard maintained surface used or built for the purpose of
transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt,
concrete, paver block, tree grates and/or rocks.
"Public Agency." The City of Delray Beach, Palm Beach county, the State of Florida, its
subdivisions, departments or authorized agents.
"Right-of-Way." All that area dedicated to public use or otherwise owned by a public
agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths,
and sidewalks.
"Roadway." That portion of a right-of-way improved, designed, or ordinarily used for
vehicular traffic.
"Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use
of pedestrians.
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(C) Certificate of Compliance Required:
No person shall place, affix, erect, construct or maintain a newsrack without providing a
certificate of compliance for each newsrack in accordance with the provisions of this section.
(1) Reviewing and Enforcement authority_: The authority_ responsibl~ for reviewing
the certificates of compliance and enforcing the terms of this section shall be the Code
Enforcement Administrator or his/her designee. The Code Enforcement administrator or his/her
designee is responsible for fairly coordinating and administrating the physical placement of the
(2) Certifications: The applicant shall file with the Code Enforcement Administrator
a written certificate of compliance which shall contain the following information:
(a) The name. address and telephone number of the applicant, who is the owner
and/or principal responsible for the newsrack(s).
~) The name. address and telephone number of a responsible person whom the
City. may notify, or contact at any time concerning the applicant's newsrack(s).
(c) The proposed location of the newsrack(s).
(d) Names of newspapers or periodicals to be contained in each newsrack.
(e) A certification that the newsrack is installed in conformance with the
provisions of this ordinance in their entirety.
(3) Verification of Certificate of Compliance: The Code Enforcement Administrator
may verify, that the newsrack is in compliance with the provisions of this section.
(4) Denial of Certificate of Compliance: If a certificate of compliance for newsrack
location is incorrect, or the newsrack is not located, maintained, or installed in conformity, with
the certification or this section, the certificate of compliance shall be deemed denied, and an order
to correct the violation shall be issued pursuant to Section 6.3.3OI).
_fl)) General Placement of Newsracks:
The publisher or distributor of any newspaper or written periodical distributed from an_v
newsrack location within a city_ right-of-way shall notify, the Code Enforcement Administrator or
his/her designee, in writing, of the location or change of location of any such newsrack by filing
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the certificate of compliance no later than 14 days after the placement or relocation of the
(C E) Standards for Newsrack Maintenance and Installation:
Any newsrack which in whole or in part rests upon in or over any public property or right-of-way
shall comply with the following standards:
(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches
in depth. In the Downtown Area. modular newsracks may exceed the size limitations.
(2) Newsracks shall carry, no advertising except for the name of the publication beine
distributed, and a cardholder kept in a neat and untorn condition describing the publication beine
distributed.
L32 Coin operated 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 evem
the newsrack is inoperable. At all times, the coin return mechanism shall be maintained in good
working order.
LA& The controlling entity shall permanently affix to its 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 distributor to
give the notices provided for in this chapter.
(5) Modular Newsracks.
a. Within the Downtown Area individual newsracks are not permitted.
Modular newsracks may only be placed on concrete pads which will be constructed by the
City_ in the following locations:
1. East Atlantic Avenue east of the FEC Railroad Tracks adjacent to
the Sun Trust Parking lot.
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
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4, In front of City. Hall on N.W. 1st Avenue
5, At the Oleason Bath House at Atlantic Avenue and South Ocean
At Boston's Restaurant on A-1-A
b, A modular newsrack may be placed on the west side of South Ocean
Boulevard south of Linton Boulevard.
The modular newsracks shall be installed and maintained by the distributors
in conformity, with existing City ordinances. The color of the modular newsrack shall
have gloss black bases, and forest green sides and doors. A color sample is available in
the Communi.ty Improvement Department. An_v modular newsrack found tO be in
violation of the City. ordinances is subject to the enforcement provisions contained in
Section 6.3.3(I).
(D6) The controlling entity shall maintain each movable fixture in a neat anal clean
condition, and ila good repair at all times. Each newsrack shall be maintaine~l so that:
(a) It is reasonably free of graffiti:
(b) It is reasonably free of dirt and grease:
(c) It is reasonably free of chipped, faded, peeling and cracked paint in the visible
paiqted areas thereof;
(d) It is reasonably free of rust and corrosion in the visible metal areas thereon:
(e) 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.
(f) The paper or cardboard parts or inserts thereof are reasonably free of tears, are
not peeling, or tearing: and
(g) The structural parts are not broken or unduly misshapen.
(g_7.} The use of a bench for advertising purposes is strictly prohibited.
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(8) Any newsrack being installed, placed, or maintained on a public right-of-way, street
or sidewalk shall be installed in a safe and secure manner so as to prevent the newsrack from
being stolen or becoming a hazard in severe weather. At any time. the total weight of the
newsrack and any weighting device shall not be less than one hundred twenty-five (125) pounds.
(9) In the event of the issuance of a hurricane warning by any entity_ with )urisdiction 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..
~ F) Prohibited Locations:
(1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected
on any landscaped area within an improved public right-of-way. The landscaped areas include,
but are not limited to, those areas in which the following ground cover materials placed:
(a) Decorative plants, or
(b) Native plants maintained to match the surrounding flora.
(2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to
obstruct the use of any public utility pole or structure. These areas are designated as follows:
(a) Drainage structures: Movable fixtures shall not be physically attached,
chained, or bolted to any drainage structure, inlet pipe, or other physical object meant to
carry water for drainage purposes;
(b) Utility Poles: Movable fixtures shall not be physically attached, chained, or
bolted to a utility pole;
(c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of a fire.
hydrant
(3) Traffic Control Devices: Movable fixtures shall not be physically attached,
chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement
markings. These areas shall be designated as follows:
(a) Traffic signals.
(1) Movable fixtures shall not be physically attached, bolted, or
chained to a traffic signal pole.
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(2) Movable fixtures shall not be placed in such a manner which
obstructs the free pedestrian flow to and from a pedestrian traffic signal
push button. In order to allow for the free pedestrian flow, and handicap
access, to and from pedestrian traffic signal push buttons, movable fixtures
shall be placed at least 36 inches away from such pedestrian traffic signal
push buttons.
Co) Traffic signs. Movable fixtures shall not be physically attached, bolted, or
chained to a traffic sign or post used for the support of a traffic sign or signs.
(4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected
directly on a paved surface which is intended primarily for the use of motor vehicles.
(5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall leave a clear
area for traffic of not less than 40 inches.
(6) Bike Path: Movable fixtures which are placed or maintained on a bike path shall
leave a clear area for traffic of not less than 8 feet.
(7) Clear Zones: Movable fixtures shall not be installed, placed or erected within
clear zones as defined in this section. Clear zones are defined as follows:
(a) The area measured within four feet of the face of a six inch high vertically
faced curb. Where the four foot minimum is impractical, the minimum may be
reduce to 2 1/2 feet.
(b) In all other locations, the movable fixture shall be located no less than ten
(10) feet away from the edge of the pavement. If there is not ten (10) feet
available, the movable fixture shall be located as far away from the edge of the
pavement as possible
(8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected
within the sight areas defined in this section. For purposes of this section, sight areas extend
vertically from a point commencing 3 feet above the payment elevation, and encompass the
triangular area of property located at a comer formed by the intersection of two or more public
right-of-way, with two sides of the triangular area extending forty feet from their point of
intersection along the edge of roadway, and the third side being a line connecting the ends of the
other two lines. (See Figure 1). All obstructions to the required sight distance shall be removed
within the area shown in Figure 1.
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Figure 1
Typical Intersection
(not to scale)
(9) Other Areas: Movable f~xtures shall not be placed, installed, or erected in any of
the areas defined in this section.
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location hn.~ been specifically designated by
the City Manager or any authorized representative.
(1) The City Manager or the duly authorized City representative shall
designate locations at City facilities for the placement of movable fixtures.
(2) The City shall prepare a map for each City facility illustrating the
designated locations for the placement of movable fixtures. The location
maps shall be available for inspection at the office of the City Clerk.
(3) Movable fixtures which are placed at City Facilities are subject to the
same abandonment and enforcement provisions included in Sections
6.3.3~1~ I-lq and (4~ Il Improperly placed movable fixtures shall be
considered abandoned movable fixtures.
(c) The area within the medians of a divided roadway.
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(d) Newsraek locations may be a~eed upon bv mutual consent of the Ci_ty
ptlblishers and distributors.
(10) Fixture Placement: Movable fixtures shall not be placed on any roadway, bike
path or swale area in front o~ or to the side of a single family residence
within the City.
~ Gl Insurance:
Every_ nublisher or distributor who places or maintains a newsraek on a public fight-of-
way shall provide to the Code Enforcement Administrator a current certificate of insurance.
naming the Ci.ty as an additional insured on October 1st of each year. Such in.rarance shall be
comprehensive general liability or commercial general liabili.ty coverage on a form no more
restrictive than the latest edition of the Comnrehensive General Liabili _ty Policy or Commercial
C, enera] Liabili .ty filed by the Insurance Services Office. Minimum limits of total coverage shall
be $300.000.00 per occurrence combined single limit for Bodily ln_iury Liability and PropgI?
Damage Liability. Reasonable evidence of equivalent self-insurance coverage may be substituted
by the applicant for the above certificate of insurance, sub_iect to the approval of the City's Risk
Manager. Insurance under this section shall run continuously with the nresence of the applicant's
newsrack($) in the Ci_ty's right-of-way, and any termination or lapse of such insmranc¢ shall bo a
violation of this Section. subiect to the appropriate remedy by the Code Enforcement Division
under Chanter 37 of the City's Code of Ordinances and the Enforcement provisions of this
~1~ I-D Abandonment:
(1) In the event a newsrack remains empty for a period of 30 continuous days, it shall be
deemed abandoned, and may be treated in the same manner as provided in 6.3.3. (-G [lbelow for
movable fixtures in violation of the provisions of this subchapter.
(2) If the controlling entity is not identified on the moveable fixture, it will be considered
abandoned and posted as such.
/4g D Enforcement;
(1) Correction of Violation: Upon determination by a Code Enforcement Officer that a
movable fixture has been installed, used, or maintained in violation of Section 6.3.3, and order to
correct the violation shall be issued to the controlling entity.
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(2) Thc order to correct the violation shall specifically describe the violation and may
suggest actions necessary to correct the condition or violation. Such order shall be mailed by
certified mail return receipt requested to the controlling entity.
(3) Failure to properly correct the violation wiflfin 15 days of the receipt of the order,
shall result in the offending movable fixture being removed by the City. Any movable fixture
removed by thc city thereunder shall be stored at the controlling cntity's expense for a period of
30 days. The movable fixture shall be released upon a proper showing of ownership and payment
of any and all storage charges. In the event thc movable fixture is not claimed within the 30 day
period, the movable fixture may be sold at public auction and thc proceeds applied fn'st to
removal, administrative and storage charges, and thc remainder, if any, then paid into the
General Fund of the City.
(4) If the movable fixture is posted as abandoned and not removed within 7 days from
thc date of posting, or the City is not contacted by the controlling entity within 7 days from
receipt of the order, the City may remove thc movable fixture immediately. Thc City shall store
the movable fixture for 30 days and if not claimed within that time, the entity may dispose of the
movable fixture in any manner it deems appropriate. If the movable fixture is claimed, the entity
claiming thc movable fixture shall pay for all removal, administrative and swrage charges prior to
release of the fixture. If the charges are not paid within 15 days of claim being made, the City
may dispose of the movable fixture.
(5) At least ten days prior to the public auction, the City Clerk shall publish a
description of the movable fixture, the location from where it was removed, and notice of the
auction in a newspaper of general circulation in the city and shall provide the controlling entity
identified on the movable fixture, or if otherwise known, with written notification of the auction
by certified mail, return receipt requested. Provided, however, that the City Manager, or his
designee, may dispose of the movable fixture in any m:~nner it sees fit, including negotiating the-
release of the movable fixture to the controlling entity for less than full payment of all storage
charges if the City Manager or his designee is of the opinion that such disposal will be more
advantageous to the City than auctioninl off the movable fixture.
(6) In the event the controlling entity appeals the order to correct the offending
condition, as provided for in Subsection 6.3.3 (G.I), below, then removal of the movable fixture
shall be stayed pending final disposition of the appeal, which final disposition shall include ~ny
judicial review. The city shall reimburse the controlling entity any storage charges paid pursuant
to an order issued by the city in the event the decision on the appeal is rendered favorable to the
C6ntrolling entity.
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t]~l)-~: Any person or con, oiling entity aggrieved by any order, finding, or deter-
mination, taken under the provisions of thi.~ ordinance, (hereinafter an appellant) may file an appeal with
the Code Enforcement Board for the City of Delray Beach. The appellant must effect their appeal within
15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect
the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to tile
Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal
no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an
extension thereof. The appellant shall be given at least ? days written notice of the time and place of the
hearing. The Board shall give the appellant and any other interested party a reasonable opponuni~ to be
heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the
hearing the Board shall make a final and conclusive determination. The determination shall be reduced
to writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the
hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when
rendered. The decision of the Board may be appealed as provided for by law.
S~on 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, 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 thereof other that the part
declared to be invalid.
5~on 3. That all ordinances or parts of ordinances which conflict herewith be and the same is
hereby repealed.
Section 4. That this ordinance shall become effective one hundred eighty (180) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ,1996.
ATFF.~:
MAYOR
City Clerk
First Reading.
Second Reading.
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Mayor Alperin suggested making sure this agreement is
clearly specified in the revised Development Order.
Mr. Ellingsworth moved to approve Ordinance No. 10-96
on Second and FINAL Reading, seconded by Mr. Egan. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes;
Mr. Egan - Yes. Said motion passed with a 5 to 0 vote.
10.A.1. RESOLUTION NO. 37-96: Consider a resolution modifying
the Development Order for the Waterford Place/Delint DRI.
The Acting City Manager presented Resolution No. 37-96:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 49-85, AS AMENDED AND SUPPLE-
MENTED, WHICH CONSTITUTES A DEVELOPMENT ORDER
BY THE CITY OF DELRAY BEACH, BY MODIFYING THE
APPROVED USES, CONDITIONS OF APPROVAL, AND
THE APPLICABLE SAD ORDINANCE AND APPROVED
MASTER PLAN FOR THE WATERFORD PLACE DEVELOP-
MENT OF REGIONAL IMPACT; PROVIDING AN EFFEC-
TIVE DATE.
(Copy of Resolution No. 37-96 is on file in the offi-
cial Resolution Book)
The City Attorney read the caption of the resolution.
A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach, Florida. The public hearing was
closed.
The City Attorney stated that the resolution will be
amended or clarified, if necessary, to include the language
relating to the bonding of the traffic light.
Mr. Randolph moved to approve Resolution No. 37-96, as
amended if necessary, modifying the DRI/DO, based on the findings
and recommendation of the Planning and Zoning Board, seconded by
Ms. Kiselewski. Upon roll call the Commission voted as follows:
Mr. Randolph - Yes; Mayor Alperin Yes. Ms. Kiselewski - Yes;
Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with
a 5 to 0 vote.
The Commission considered Items (10.B.1) and (10.B.2.)
in reverse order.
10.B.1. ORDINANCE NO. 23-96: Consideration on FIRST READING of
an ordinance amending LDR Section 6.3.3, "Movable Fixtures Within
the Right-of-Way", to provide for regulations on the placement,
appearance and maintenance of newsracks. If passed, public
hearing May 21, 1996. Prior to consideration of passage of this
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ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The Acting City Manager presented Ordinance No. 23-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIX-
TURES WITHIN THE RIGHT-OF-WAY", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR REGULATIONS ON THE
PLACEMENT, APPEARANCE, AND MAINTENANCE OF
NEWSRACKS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 23-96 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
The Commission initially considered the regulation of
newsracks at First Reading at its meeting of March 5, 1996 and
directed that the issue be workshopped on March 12, 1996. Fol-
lowing the workshop meeting, City staff met with the newspaper
distributors and publishers and developed an alternate ordinance.
Ordinance No. 23-96 incorporates compromises made between the
City and the newspapers.
The City Attorney reported a change in the new ordi-
nance on Page 3, regarding the definition of "Downtown Area"
She then read into the record several minor changes which had
been made.
Assistant City Attorney David Tolces stated that after
the workshop, City staff met with the various distributors and
publishers and discussed the area where only modular newsracks
could be placed. Section E, page 5, addresses the color and
style of newsracks that was in the prior ordinance. The new
change reads: "Newsracks shall carry no advertising except for
the name of the publication being distributed, and a cardholder
kept in a neat and untorn condition describing the publication
being distributed". Another change in the ordinance is a listing
of locations where modular newsracks can be located. Mr. Tolces
noted that the newsracks companies have agreed to maintain the
modular newsracks and the City will install the concrete pad in
locations named in the ordinance. He noted another change is the
removal of the prohibition of placing newsracks on sodded grass;
and, allowing the City to enter into a "Memorandum of Understand-
ing" which limits the location of newsracks to four locations.
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Mayor Alperin asked about the provision of a Certifi-
cate of Compliance?
Mr. Tolces explained that rather than make it staff's
responsibility to go out and check the locations, the distribu-
tors will file for their own Certificate of Compliance which will
be kept on record by staff. If a distributor has not filed a
Certificate of Compliance, then they will not have complied with
provisions of the ordinance and appropriate action will be taken.
Mayor Alperin stated that he had several questions
regarding language in the new ordinance. He asked the meaning of
the term "card holder"?
In response, Mr. Tolces explained that the term "card
holder" is a way for the newspapers to publicize their publica-
tions and that the holder is located below the window of the
newsracks.
Mr. Tolces pointed out that the language is addressed
on Page 6 of the ordinance which gives specific language regard-
ing how the newsracks will be maintained outside the downtown
area. This will provide better guidelines for the distributors as
to how they should be maintained. If the City needs to take some
sort of enforcement action the guidelines will be clearly out-
lined.
Mayor Alperin suggested that it was important to limit
the number of newsracks within a specified area. He asked if
there was any alternative to the issue of the prohibition of
newsracks on sodded grass?
Mr. Tolces responded that the newspapers will have to
address that issue since this. was one of the items which they had
requested to be deleted in return for the use of the modular
newsracks in the downtown area.
Mr. Randolph expressed concerned regarding the language
"Reasonably Free", especially as it relates to the issue of
graffiti.
Mr. Egan was glad to see the modular units in the
downtown area as he had been concerned of the lack of uniformity.
He did not want to see different colors newsracks throughout the
City. Mr. Egan pointed out that the area of South Ocean Boule-
vard, south of Linton Boulevard, was a big problem as there have
been a number of accidents at this intersection.
Mr. Ellingsworth and Ms. Kiselewski agreed with com-
ments voiced by Mr. Egan.
Mayor Alperin summarized the Commission's concerns
expressed this evening as follows: color, clustering, graffiti,
-12- 5/07/96
sod and grass, and the intersection of South Ocean and Linton
Boulevard.
The public hearing was opened.
Jerry Budney, Attorney representing The Miami Herald
Newspaper, stated that a lot of compromises have been made be-
tween the publishers and City staff and felt there has been good
progress. He explained that one reason why the newspapers were
so concerned about the issue of colors is that each municipality
requires certain color restrictions. This creates an unreason-
able burden on the newspapers to meet these aesthetic concerns.
In regard to the issue of graffiti, once it is noticed a newsrack
is immediately replaced. The newspapers have given up a lot of
locations in the downtown area which they had desired; however,
they agreed to the modular newsracks. Mr. Budney emphasized that
the publishers and staff have spent a lot of time reviewing these
issues and urged the Commission to provide a chance to see if
these compromises work.
There being no one who wished to speak on this item,
the public hearing was closed.
Mayor Alperin stated that the Commission has not had
all their concerns adequately addressed, and by further review,
there is a possibility that these problems can be resolved.
The City Attorney stated that her office will continue
to work on a redraft of the ordinance to incorporate the addi-
tional changes desired by the Commission and will return the
ordinance for further consideration at a later date.
Mr. Egan moved to deny Ordinance No. 23-96 on First
Reading, seconded by Ms. Kiselewski. Upon roll call the Commis-
sion voted as follows: Mayor Alperin - Yes; Ms. Kiselewski -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No.
Said motion passed with a 4 to 1 vote.
10.B. ORDINANCE NO. 13-96: An ordinance amending LDR Section
6.3.3, "Movable Fixtures within the Right-of-Way", to provide for
regulations on the placement, appearance and maintenance of
newsracks. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled
to be held at this time. (Continued from 3/19/96)
The Acting City Manager presented Ordinance No. 13-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIX-
TURES WITHIN THE RIGHT-OF-WAY", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR REGULATIONS ON THE
-13- 5/o?/96
PLACEMENT, APPEARANCE, AND MAINTENANCE OF
NEWSRACKS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 13-96 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance.
The public hearing was opened.
Mr. Gerald DeFoe, President of the Progressive Citizens
of Delray Beach (PROD) and also representing the Board of Direc-
tors of Country Manors, expressed appreciation to the Commission
for standing firm on several of the issues related to newsracks
and not compromising too much.
No one else from the audience wished to address the
Commission.
Mr. Egan moved to continue the public hearing on Ordi-
nance No. 13-96 to the date certain of June 4, 1996, seconded by
Mr. Randolph. Upon roll call the Commission voted as follows:
Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with
a 5 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately followinq Public Hearinqs.
11.A. City Manaqer's response to prior public comments and
inquiries.
None.
11.B. From the Public.
11.B.1. Charles D. Owen, 258 N.E. 22nd Street, stated that he
owns a 30' recreational vehicle which is parked behind his home.
Mr. Owen was cognizant of the fact that there is a City ordinance
which requires all recreational vehicles to be screened by a 6'
high fence or equal to the height of the vehicle if it is less
than six feet high. Since this vehicle is over 11' high, it is
impossible to be totally screened by a 6' fence. Mr. Owen ex-
plained that his neighbor does not object to the camper nor does
his neighbor want a fence installed. Mr. Owen asked if the
Commission could waive the requirement in this case. If neces-
sary, he could present a petition from the residents on his
street stating that they do not have any objections.
It was noted by Mayor Alperin that the Commission could
not take action on the request at this meeting.
-14- 5/07/96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
/
ORDINANCE MODIFYING LDR SECTION 6.3.3 CONCERNING NEWSRACKS
DATE: MAY 3, 1996
Ordinance No. 13-96 concerning the regulation of newsracks was initially
presented to the Commission on March 5, 1996, for first reading. It passed
4-0 and was scheduled for public hearing on March 19, 1996, with the issue
to be workshopped on March 12th. At the workshop, enough headway was made
with the newspaper representatives that Commission agreed not to take final
action at the March 19th hearing, but to continue the ordinance to the date
certain of May 7th in hopes of developing an ordinance accept_~hle to all
~.ies o
The City Attorney's office has continued to work with the newspapers and
has developed an alternate ordinance which is outlined in Mr. Tolces' May
2nd memorandum and is recommended for your consideration. It is numbered
as Ordinance No. 23-96.
From a procedural standpoint, if the Commission wishes to consider the
alternate ordinance, Ordinance No. 13-96 should be voted down on second and
final reading. Then, Ordinance No. 23-96 should be considered on first
reading. If it is passed, a public hearing will be scheduled for May 21,
1996.
While Ordinance No. 23-96 incorporates some reasonable compromises between
the City and the newspapers, I believe it goes too far. O~e of the main
reasons newspaper racks are so ugly is the multitude of sizes, types and
colors of the various racks. Yet, Ordinance 23-96 has removed all
re~ ~ements for some commonality in style and uniform colors.
Furthermore, Ordinance 23-96 codifies in the City Code newsracks on the
w~st side of Ocean Boulevard south of Linton Boulevard. We have received
more citizen objections to this location than any other in the City, and we
have documented accidents at this location caused by drivers trying to get
to these newsracks. Rather than dignifying this location by writing it
into the City Code, I believe we should continue trying to have all
newsracks removed from this location.
I recc~mend that the hearing on this ordinance be continued until May 21,
with direction to the staff for further changes.
re£ : ac~nemo8
P ssE o
[lTV DJ' DELFil S B ?
CITY .. .un.,~. o""no":'v'~ 0FFIC~ :' :"~' ~ : *~'~-':'"' ~:'"~ ~"': ~"
Wfimr's D~ect L~: (~) 243-7~
DELRAY BEACH
~a Ci~ ~MO~~
~ DATE: May 2, 1996
1993
TO: CJU Co~ssion
~O~: David N. Tolccs, Assismm CJ~ Auomcy
S~3~CT: Ordin~cc Modi~in~ ~nd Dcvc]opmcm Re~lafio~ Section 6.3.3.
The Proposed ordinance which is attached to this memorandum revises Section 6.3.3. of
the City's Land Development Regulations. The ordinance primarily addresses the issue
of newsrack aesthetics. The ordinance in its current form would require all publishers or
distributors to submit a "Certificate of Compliance" with respect to each newsrack
placed within the City limits no later than two weeks after placement of the newsrack.
Following the City Commission workshop meeting of March 12, 1996, City staff met
with the newspaper distributors and publishers. At that meeting, it was agreed that the
City would construct/install concrete pads at several locations within a "Downtown
Area" at which the modular newsracks could be installed. The "Downtown Area" is
defined in the ordinance, and covers an area stretching from N.W./S.W. 4th Avenue o
the west to A-1-A on the east, N.W. ll~JStreet on the north and S.W./S.E.,2mtStreet on
the south.
The publishers and distributors have agreed to sign the attached Memorandum of
Understanding, which will prohibit newsracks at the following locations:
1. The intersection of Homewood Boulevard and S.W. 10th Street.
2. The intersection of Barwick Road and Lake Ida Road.
3. South Federal Highway in front of the Denny's Restaurant.
4. N.E. 2nd Avenue (Pineapple Grove Way) south of Lake Ida Road, east of
the United States Post Office.
The publishers have agreed to work to keep these areas free of newsracks.
City Commission
May 2, 1996
Page 2
Section 6.3.3.(E)(7) requires that all newsracks be maintained in a neat and clean
condition. This requires the publisher or distributor to maintain a newsrack that is free of
graffiti, dirt, mst, chips and paint, and corrosion. Failure to maintain the newsrack in
good condition could result in an enforcement action.
Under the proposed ordinance, the distributor or publisher will also have to provide the
City with proof of insurance. In order to protect the public from newsracks which easily
tip over in the wind, all newsracks will have to weigh a minimum of 125 pounds at all
time.
The distributor will also be required, in the evem of a hurricane warning, to secure the
newsrack from the right-of-way. This will protect the public from flying debris in the
event of a hurricane.
The above described changes will assist the City in correcting the aesthetic and safety
problems associated with newsracks.
Please call if you have any questions.
DNT:smk
cc: David Harden, City Manger
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvements
Diane Dominguez, Planning Director
Richard Bauer, Code Enforcement Administrator
~s-2.dnt
MEMORANDUM OF UNDERSTANDING
On this ~ day of , 1996, the below named parties enter into
this Memorandum of Understanding with the CITY OF DELRAY BEACH, a Florida
municipal corporation.
1. In return for the payment of good and sufficient consideration, receipt of
which is hereby acknowledged, the City of Delray Beach, newspaper publishers and
distributors whose signatures appear below do hereby mutually agree not to place newsrack at
the following locations within the City of Delray Beach:
1. The intersection of Homewood Boulevard and S.W. 10th Street.
2. The intersection of Barwick Road and Lake Ida Road.
3. South Federal Highway in front of the Denny's Restaurant.
4. N.E. 2nd Avenue (Pineapple Grove Way) south of Lake Ida Road, east of the
United States Post Office.
CITY OF DELRAY BEACH, FLORIDA
By:~ By:
Print Name: Print Name:
on behalf of:
By: ATTEST:
Print Name: City Clerk
on behalf of:
Approved as to Form:
By:
Print Name:
on behalf of: David N. Tolces, Assistam City Attorney
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
By: By:
Print Name: Print Name:
on behalf of.' on behalf of:
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
ORDINANCE NO. 23-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3,
"MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF TIlE CITY OF
DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE
PLACEMENT, APPEARANCE, AND MAINTENANCE OF
NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City
has produced a significant increase in the number of Newsracks installed in public rights-of-way; and
WHEREAS, the uncontrolled placement of Newsracks in public rights-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; and
WHEREAS, the installation and placement of Newsracks in public rights-of-way has resulted in
concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof;
and
WHEREAS, the City Commission'finds that there is a need to regulate and establish procedures
regarding installation, placement maintenance and insuring of Newsracks within the City; and
WHEREAS, the City Commission finds that such regulations and procedures governing
Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray
Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
S~ion 1. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use and Work in
the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of-Way", of the City of
Defray Beach Land Development Regulations is hereby amended to read as follows:
Section 6.3.3 Movable Fixtures Within the Right-of-Way:
(A) Purpose and Sco~:
The purpose of the following is to promote the public health, safety, and welfare th. rough the
regulation of placement..type_, appearance, servicing, and insuring of newsracks on public rights-Of-way
(1} Provide for pedestrian and driving safety, and convenience.
Restrict unreasonable interference with the flow of pedestrian or vehicular traffic
including ingress into or egress from any residence or place of business, or from the street to
the sidewalk by persons exiting or entering parked or standing vehicles.
(3) .Provide for public and property safety_ during hurricane conditions.
(4) Provide reasonable access for the use and maintenance of poles, posts, traffic si_c, ns
or signals, hydrants, mailboxes and access to locations used for public transportation purposes.
(5) Relocate and/or replace newsracks which result in a visual blight and/or excessive
space allocation on the public rights-of-way or which unreasonably detract from the aesthetics
of store window displays, adjacent landscaping and other improvements, as well as to have
abandoned newsracks removed.
(6) Maintain and protect the values of surrounding properties and prevent damage to
grass right-of-way areas.
(7) Reduce unnecessary_ exposure of the public to personal injury_ or property damage.
(8) Treat all newspapers equally regardless of their size. content, circulation, or
frequency of publication.
(9) Maintain and preserve freedom of the press,
il0) Coo~rate to the maximum with newspaper distributors.
~) Definitions: For the purpose of this subsection the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
"Advertising Circular." Any publication that contains only advertising and no news
repons.
2 OKI) NO. 23-96
'Auxiliary Lane." A turn lane or on-street parking area.
~Bike Path. ~ That portion of a right-of-way improved, designed, or ordinarily used for
bicycle traffic.
"Controlling Entity." The person or entity responsible for placing and maintaining a
movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a
newsrack.
"Dowmown Area." The rectan_eular area bounded generally by the western right-of-way
of S.W./N,W, 4th Avenue on the west. the northern right-of way of N.W./N.E. 2nd Street on the north.
and the Intracoastal Waterway on the east. In addition, on the east side of the Intracoastal Waterway.
Lowry. Street on the north. Miramar Street on the south, and the western right-of-way of Ocean
Boulevard on the east. Also includine N.E. 2nd Avenue from Atlantic Avenue north the N.E. 4th
"Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop
prior to entering the intersection.
'Movable Fixture.' Any newsrack, bench, or other non-attached fixture.
'Newsrack." Any self-service or coin-operated box, container, storage unit, or other
dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news
periodicals or advertising circulars.
'Paved Surfaces.~ Any hard maintained surface used or built for the purpose of
transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt,
concrete, paver block, tree grates and/or rocks.
"Public Agency." The City of Delray Beach, Pall Beach county, the State of Florida, its
subdivisions, departments or authorized agems.
'Right-of-Way." Ail that area dedicated to public use or otherwise owned by a public
agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths,
and sidewalks.
'Roadway." That portion of a right-of-way improved, designed, or ordinarily used for
vehicular traffic.
'Sidewalk.' Any surface within a right-of-way provided for the exclusive or primary use
of pedestrians.
3 ORD NO. 23-96
(C) Certificate of Compliance Required:
No person shall place, affix, erect, construct or maintain a newsrack without providing a
certificate of compliance for each newsrack in accordance with the provisions of this SeCtion.
(1) Reviewing and Enforcement authority_: The authori.ty responsible for reviewing
the certificates of compliance and enforcing the terms of this section shall be the Code
Enforcement Administrator or his/her desienee. The Code Enforcement administrator or his/her
designee is responsible for fairly coordinating and administrating the physical placement of the
(2) Certifications: The applicant shall file with the Code Enforcement Administrator
a written certificate of compliance which shall contain the following information:
(a) The name. address and telephone number of the applicant, who is the owner
and/or principal responsible for the newsrack(s).
Co) The name. address and telephone number of a responsible person whom the
City. may notify_ or contact at any time concerning the applicant's newsrack(s),
(c) The proposed location of the newsrack(s).
(d) Names of newspapers or periodicals to be contained in each newsrack.
(e~ A certification that the newsrack is installed in conformance with the
provisions of this ordinance in their entirety.
(3) Verification of Certificate of Compliance: The Code Enforcement Administrator
may verify_ that the newsrack is in compliance with the provisions of this section.
(4) Denial of Certificate of Compliance: If a certificate of compliance for newsrack
location is incorrect, or the newsrack is not located, maintained, or installed in conformity with
the certification or this section, the certificate of compliance shall be deemed denied, and an order
to correct the violation shall be issued pursuant to Section 6.3.3(41).
(D) General Placement of Newsracks:
The publisher or distributor of any newspaper or written periodical distributed from any
newsrack location within a city. right-of-way shall notify, the Code Enforcement Administrator or
Ms/her designee, in writing, of the location or change of location of any such newsrack by filing
4 ORD NO. 23-96
the certificate of compliance no later than 14 days after the placement or relocation of the
(C F.,) Standards for Newsrack Maintenance and Installation:
Any newsrack which in whole or in part rests upon in or over any public property or right-of-way
shall comply with the following standards:
(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches
in depth. In the Downtown Area. modular newsracks may exceed the size limitations.
(2) Newsracks shall carry, no advertising except for the name of the publication being
distributed, and a cardholder kept in a neat and untorn condition describing the publication being
L~ Coin operated 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.
L4) The controlling entity shall permanently affix to its 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 distributor to
give the notices provided for in this chapter.
(5) Modular Newsracks.
a. Within the Downtown Area individual newsracks are not permitted.
Modular newsracks may only be placed on concrete pads which will be constructed by the
City in the followin~ locations:
1. East Atlantic Avenue east of the FEC Railroad Tracks adjacent to
the Sun Trust Parking lot.
2. On the east side of the building located at the southwest corner of
~outhbound Federal Highway and Atlantic Avenue.
3. Thc Municipal Tennis Center. in close proximity, to the clubhouse
buildine
5 ORD NO. 23-96
4. In front of Ci_ty Hall on N.W. 1st Avenue
5. At the Gleason Bath House at Atlantic Avenue and South Ocean
6. At Boston's Restaurant on A-1-A
b. A modular newsrack may be placed on the west side of South Ocean
Boulevard south of Linton Boulevard.
The modular newsracks shall be installed and maintained by the distributors
in conformity, with existing City. ordinances. The color of the modular newsrack shall
have gloss black bases, and forest green sides and doors. A color sample is available in
the Community Improvement Department. Any modular newsrack found to be in
violation of the City_ ordinances is subject to the enforcement provisions contained in
Section 6.3.3(I).
(06) The controlling entity shall maintain each movable fixture in a neat and clean
condition, and in good repair at all times. Each newsrack shall be maintained so that:
(a) It is reasonably free of graffiti:
(b) It is reasonably free of dirt and grease:
lc) It is reasonably free of chipped, faded, peeling and cracked paint in the visible
painted areas thereof:
rd) It is reasonably free of rust and corrosion in the visible metal areas thereon:
(e) 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.
(f} The paper or cardboard parts or inserts thereof are reasonably free of tears, are
not peeling, or tearing: and
(g) The structural parts are not broken or unduly misshapen.
(t32.l The use of a bench for advertising purposes is strictly prohibited.
6 ORD NO. 23-96
(8) Any newsrack being installed, placed, or maintained on a public right-of-way, street
or sidewalk shall be installed in a safe and secure manner so as to prevent the newsrack from
being stolen or becoming a hazard in severe weather. At any time. the total weight of the
newsrack and any weighting device shall not be less than one hundred twenty-five (125) pounds.
(9) In the event of the issuance of a hurricane warning by any entiW 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..
Prohibited Locations:
(1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected
on any landscaped area within an improved public right-of-way. The landscaped areas include,
but are not limited to, those areas in which the following ground cover materials placed:
(a) Decorative plants, or
(b) Native plants maintained to match the surrounding flora.
(2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to
obstruct the use of any public utility pole or structure. These areas are designated as follows:
(a) Drainage structures: Movable fixtures shall not be physically attached,
chained, or bolted to any drainage structure, inlet pipe, or other physical object meant to
carry water for drainage purposes;
(b) Utility Poles: Movable fixtures shall not be physically attached, chained, or
bolted to a utility pole;
(c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of a fire-
hydrant
(3) Traffic Control Devices: Movable fixtures shall not be physically attached,
chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement
markings. These areas shall be designated as follows:
(a) Traffic signals.
(1) Movable fixtures shall not be physically attached, bolted, or
chained to a traffic signal pole.
7 ORD NO. 23-96
(2) Movable fixtures shall not be placed in such a manner which
obstructs the free pedestrian flow to and from a pedestrian traffic signal
push button. In order to allow for the free pedestrian flow, and handicap
access, to and from pedestrian traffic signal push buttons, movable fixtures
shall be placed at least 36 inches away from such pedestrian traffic signal
push buttons.
(b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or
chained to a traffic sign or post used for the support of a traffic sign or signs.
(4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected
directly on a paved surface which is intended primarily for the use of motor vehicles.
(5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall leave a clear
area for traffic of not less than 40 inches.
(6) Bike Path: Movable fixtures which are placed or maintained on a bike path shall
leave a clear area for traffic of not less than 8 feet.
(7) Clear Zones: Movable fixtures shall not be installed, placed or erected within
clear zones as defined in this section. Clear zones are defined as follows:
(a) The area measured within four feet of the face of a six inch high vertically
faced curb. Where the four foot minimum is impractical, the minimum may be
reduce to 2 1/2 feet.
(b) In all other locations, the movable fixture shall be located no less than ten
(10) feet away from the edge of the pavement. If there is not ten (10) feet
available, the movable fixture shall be located as far away from the edge of the
pavement as possible
(8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected
within the sight areas defined in this section. For purposes of this section, sight areas extend
vertically from a point commencing 3 feet above the payment elevation, and encompass the
triangular area of property located at a comer formed by the intersection of two or more public
right-of-way, with two sides of the triangular area extending forty feet from their point of
intersection along the edge of roadway, and the third side being a line connecting the ends of the
other two lines. (See Figure 1). All obstructions to the required sight distance shall be removed
within the area shown in Figure 1.
8 ORD NO. 23-96
Figure 1
Typical Intersection
(not to scale)
(9) Other Areas: Movable fixtures shah not be placed, installed, or erected in any of
the areas defined in this section.
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location has been specifically designated by
the City Manager or any authorized representative.
(1) The City Manager or the duly authorized City representative shall
designate locations at City facilities for the placement of movable fixtures.
(2) The City shall prepare a map for each City facility illustrating the
designated locations for the placement of movable fixtures. The location
maps shall be available for inspection at the office of the City Clerk.
O) Movable fixtures which are placed at City Facilities are subject to the
same abandonment and enforcement provisions included in Sections
6.3.3~ 1-13 and ~ 13 Improperly placed movable fixtures shall be
considered abandoned movable fixtures.
(c) The area with. in the medians of a divided roadway.
9 OR]:) NO. 23-96
(d) Newsrack locations may be a~eed upon by mutual consent of the City
publishers and distributors.
(10) Fixture Placement: Movable fixtures shall not be placed on any roadway, bike
path or swale area in front of. to the rear of. or to the side of a single family residence
within the City..
Every. ptlblisber or distributor who nlaces or maimains a newsrack on a nublic right-of-
way ,~hal! provide to the Code Enforcement Administrator a current certificate of insurance.
rmmin? the Ci~ as an additional insured on October l st of each year. Such insurance shah be
comprehensive general liabili_ty or commercial general liabili_ty coverage on a form no more
restrictive than the latest edition of the Comprehensive General Liabili .~' Policy or Commercial
General Liability_ filed by the Insurance Services Office. Minimum limits of total coverage shall
be $300.000.00 per occurrence combined single limit for Bodily Inju~ Liability_ and Pronerrv
Damage Liabili~. Reasonable evidence of eouivalent self-insurance coverage may be substituted
by the applicant for the above certificate of insurance, subiect to the approval of the City's Risk
]~ffanager, Insurance under this section shall run continuously with the nresence of the applicant's
newsrack(s) in the City's right-of-way, and any termination or lapse of such insurance shall be a
violation of this Section. subject to the appronriate remedy by the Code Enforcement Division
under Chat~ter 37 of the City's Code of Ordinances and the Enforcement provisions of this
~ 1-13 Abandonment:
(1) In the event a newsrack remains empty for a period of 30 continuous days, it shall be
deemed abandoned, and may be treated in the same manner as provided in 6.3.3. (-~ lqbelow for
movable fixtures in violation of the provisions of this subchapter.
(2) If the controlling entity is not identified on the moveable fixture, it will be considered
abandoned and posted as such.
{4~ I~ l~Inforcement:
(1) Correction of Violation: Upon determination by a Code Enforcement Officer that a
movable firmre has been installed, used, or maintained in violation of Section 6.3.3, and order to
correct the violation shall be issued to the controlling entity.
O1R.D ~0. ~3-96
(2) The order to correct the v/ohtion shall specifically descn'be the violation and may
suggest actions necessary to correct the condition or violation. Such order shall be mailed by
certified mail return receipt requested to the controlling entity.
(3) Failure to properly correct the violation within 15 days of the receipt of the order,
shall result in the offending movable fixture being removed by the City. Any movable fixture
removed by the city thereunder shall be stored at the controlling enfity's expense for a period of
30 days. The movable fixture shall be released upon a proper showing of ownership and payment
of any and all storage charges. In the event the movable fixture is not claimed within the 30 day
period, the movable fixture may be sold at public auction and the proceeds applied first to
removal, a~trative and storage charges, and the remainder, if any, then paid into the
General Fund of the City.
(4) If the movable fixnrre is posted as abandoned and not removed within 7 days from
the date of posting, or the City is not contacted by the controlling entity within 7 days from
receipt of the order, the City may remove the movable fixture immediately. The City shall store
the movable fixture for 30 days and ff not claimed within that ti_me, the entity may dispose of the
movable fixture in any manner it deems appropriate. If the movable fixture is claimed, the entity
claiming the movable fixture shall pay for all removal, administrative and storage charges prior to
release of the fixture. If the charges are not paid within 15 days of claim being made, the City
may dispose of the movable fixture.
(5) At l~ast ten days prior to the public auction, the City Clerk shall publish a
description of the movable fixture, the location from where it was removed, and notice of the
auction in a newspaper of general circulation in the city and shall provide the controlling entity
identified on the movable fixture, or if otherwise known, with written notification of the auction
by certified mail, return receipt requested. Provided, however, that the City Manager, or his
designee, may dispose of the movable fixture in any manor it sees fit, including negotiating the.
release of the movable fixture to the controlling entity for less than full payment of all storage
charges if the City Manager or his design~ is of tbe opinion that such disposal will be more
advantageous to the City thnn auctionlnE Off the movable fixture.
(6) In the event the controlling entity appeals the order to correct the offending
condition, as provided for in Subsection 6.3.3 (G_,D, below, then removal of the movable fixture
shall be stayed pending final disposition of the appeal, which final disposition shall include any
judicial review. The city shall reimburse the controlling entity any storage chsrges paid pursuant
to an order issued by the city in th~ event the decision on the appeal is rendered favorable to the
~nu'olling entity.
11 ORD NO. 23-96
/]/.,IL~: Any person or controlling entity aggrieved by any order, finding, or deter-
mimfion, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with
the Code Enforcement Board for the City of Delray Beach. The appellant must effect their appeal within
15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect
the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to ~
Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal
no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an
extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the
hearing. The Board stroll give the appellant and any other interested party a reasonable opporumity to be
heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the
hearing the Board shall make a final and conclusive determination. The determination shall be reduced
to writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the
hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when
rendered. The decision of the Board may be appealed as provided for by law.
Sectlon 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, 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 pan thereof other that the pan
declared to be invalid.
Seetlon 3. That all ordinances or pans of ordinances which conflict herewith be and the same is
hereby repealed.
Section ~. That this ordinance shall become effective one hundred eighty (180) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,1996.
ATTEST:
MAYOR
City Clerk
Firm Reading.
Second Reading
12 ORD NO. 23-96
MEMORANDUM
TO: MAYOR AND CITY COMHISSI~
O~I~E ~I~ ~R S~ION 6.3.3 ~~ ~S~
~: ~ 3, 1996
Ordinance No. 13-96 concerning the regulation of newsracks was initially
presentext to the Commission on March 5, 1996, for first reading. It passed
4-0 and was scheduled for public hearing on March 19, 1996, with the issue
to be workshopped on March 12th. At the workshop, enough headway was made
with the newspaper representatives that Commission agreed not to take final
action at the March 19th hearing, but to continue the ordinance to the date
certain of May 7th in hopes of developing an ordinance acceptable to all
parties.
The City Attorney's office has continued to work with the newspapers and
has developed an alternate ordinance which is outlined in Mr. Tolces' May
2nd memorandum and is recommended for your consideration. It is numbered
as Ordinance No. 23-96.
From a procedural stapJpoint, if the Commission wishes to consider the
alternate ordinance, Ordinance NO. 13-96 should be voted down on second and
final reading. Then, Ordinance No. 23-96 should be considered on first
reading. If it is passed, a public hearing will be scheduled for May 21,
1996.
While Ordinance No. 23-96 incorporates some reasop_~ble compromises between
the City and the newspapers, I believe it goes too far. One of the main
reasons newspaper racks are so ugly is the multitude of sizes, types and
colors of the various racks. Yet, Ordinance 23-96 has removed all
requirements for some commonality in style and uniform colors.
Furthermore, Ordinance 23-96 codifies in the City Code newsracks on the
w~st side of Ocean Boulevard south of Linton Boulevard. We have received
more citizen objections to this location than any other in the City, and we
have documented accidents at this location caused by drivers trying to get
to these newsracks. Rather than dignifying this location by writing it
into the City Code, I believe w~ should continue trying to have all
newsracks removed from this location.
I recc~mi;eDz~ that the hearing on this ordinance be continued until May 21,
with direction to the staff for further changes.
ref: agmemo8
, gss6v 5-0
[lTV
CITY ATTORNEY~S 0FFIC~ ~.,,:~-,,~:~,..~:~'"~ .... ~,,~ '' ~'~" "'_ :~=.: ~'"~ ~'~ ~'~ ': -'
Wd~'s Direct L~: (~?) ~43-?~
DELRAY 8EA(H
F L o R ~ D A
~ City ~UO~~
199~
TO: Ci~ Comssion
~OM: David N. Tolces, Assismt Ci~ A~omey
SUBJECT: Ordinance Modi~ing ~nd Development Re~latio~ Section 6.3.3,
The Proposed ordinance which is attached to this memorandum revises Section 6.3.3. of
the City's Land Development Regulations. The ordinance primarily addresses the issue
of newsrack aesthetics. The ordinance in its current form would require all publishers or
distributors to submit a "Certificate of Compliance" with respect to each newsrack
placed within the City limits no later than two weeks after placement of the newsrack.
Following the City Commission workshop meeting of March 12, 1996, City staff met
with the newspaper distributors and publishers. At that meeting, it was agreed that the
City would construct/install concrete pads at several locations within a "Downtown
Area" at which the modular newsracks could be installed. The "Downtown Area" is
defmed in the ordinance, and covers an area stretching from N.W./S.W. 4th Avenue o
the west to A-1-A on the east, N.W. ffltlJStreet on the north and S.W./S.E..2az{Street on
the south.
The publishers and distributors have agreed to sign the attached Memorandum of
Understanding, which will prohibit newsracks at the following locations:
1. The intersection of Homewood Boulevard and S.W. 10th Street.
2. The intersection of Barwick Road and Lake Ida Road.
3. South Federal Highway in front of the Denny's Restaurant.
4. N.E. 2nd Avenue (Pineapple Grove Way) south of Lake Ida Road, east of
the United States Post Office.
The publishers have agreed to work to keep these areas free of newsracks.
City Commission
May 2, 1996
Page 2
Section 6.3.3.(E)C0 requires that all newsracks be maintained in a neat and clean
condition. This requires the publisher or distributor to maintain a newsrack that is free of
graffiti, dirt, mst, chips and paint, and corrosion. Failure to maintain the newsrack in
good condition could result in an enforcement action.
Under the proposed ordinance, the distributor or publisher will also have to provide the
City with proof of insurance. In order to protect the public from newsracks which easily
tip over in the wind, all newsracks will have to weigh a minimum of 125 pounds at all
time.
The distributor will also be required, in the event of a hurricane warning, to secure the
newsrack from the right-of-way. This will protect the public from flying debris in the
event of a hurricane.
The above described changes will assist the City in correcting the aesthetic and safety
problems associated with newsracks.
Please call if you have any questions.
DNT:smk
ce: David Harden, City Manger
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvements
Diane Dominguez, Planning Director
Richard Bauer, Code Enforcement Administrator
~-2.dnt
MEMORANDUM OF UNDERSTANDING
On this~ day of , 1996, the below named parties enter into
this Memorandum of Understanding with the CITY OF DELRAY BEACH, a Florida
municipal corporation.
1. In return for the paymem of good and sufficient consideration, receipt of
which is hereby acknowledged, the City of Delray Beach, newspaper publishers and
distributors whose signatures appear below do hereby mutually agree not to place newsrack at
the following locations within the City of Delray Beach:
1. The intersection of Homewood Boulevard and S.W. 10th Street.
2. The intersection of Barwick Road and Lake Ida Road.
3. South Federal Highway in from of the Denny's Restaurant.
4. N.E. 2nd Avenue (Pineapple Grove Way) south of Lake Ida Road, east of the
United States Post Office.
CITY OF DELRAY BEACH, FLORIDA
By: By:
Print Name: Print Name:
on behalf of:
By: ATTEST:
Print Name: City Clerk
on behalf of:
Approved as to Form:
By:
Print Name:
on behalf of: David N. Tolces, Assistant City Attorney
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
ORDINANCE NO. 23-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3,
"MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE
PLACEMENT, APPEARANCE, AND MAINTENANCE OF
NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City
has produced a significant increase in the number of Newsracks installed in public rights-of-way; and
WHEREAS, the uncontrolled placement of Newsracks in public rights-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 essemial
utility, traffic control and emergency services; and
WHEREAS, the installation and placemem of Newsracks in public rights-of-way has resulted in
concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof;
and
WHEREAS, the City Commission finds that there is a need to regulate and establish procedures
regarding installation, placement maintenance and insuring of Newsracks within the City; and
WHEREAS, the City Commission finds that such regulations and procedures governing
Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray
Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
S~tion 1. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use and Work in
the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of-Way", of the City of
Delray Beach Land Developmem Regulations is hereby amended to read as follows:
Section 6.3.3 Movable Fixtures Within the Right-of-Way:
(A) Purpose and Scope:
The purpose of the following is to promote the public health, safe_ty and welfare through the
re_cyulation of placement. _PCDe. appearance, servicing, and insuring of newsracks on public rights-of-way
so as to:
(1) Provide for pedestrian and driving safety_ and convenience,
(2) Restrict unreasonable interference with the flow of pedestrian or vehicular traffic
inclu0ing ingress into or egress from any residence or place of business, or from the street to
the sidewalk by persons exiting or entering parked or standing vehicles,
(3) Provide for public and property safety_ during hurricane conditions,
(4) Provide reasonable access for the use and maintenance of poles, posts, traffic signs
or signals, hydrants, mailboxes and access to locations used for public transportation purposes.
(_5) Relocate and/or replace newsracks which result in a visual blight and/or excessive
space allocation on the public rights-of-way or which unreasonably detract from the aesthetics
of store window displays, adjacent landscaping and other improvements, as well as to have
abandoned newsracks removed.
(6) Maintain and protect the values of surrounding properties and prevent damage to
grass right-of-way areas.
(7) Reduce unnecessary, exposure of the public to personal injury, or property, damage.
(8) Treat all newspapers equally regardless of their size. content, circulation, or
frequency of publication.
(9) Maintain and preserve freedom of the press.
(10) Cooperate to the maximum with newspaper distributors.
lB) Definitions: For the purpose of this subsection the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
"Advertising Circular." Any publication that contains only advertising and no news
reports.
2 ORD NO. 23-96
"Auxiliary Lane." A turn lane or on-street parking area.
"Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for
bicycle traffic.
"Controlling Entity." The person or entity responsible for placing and maintaining a
movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a
newsrack.
"Downtown Area." The rectangular area bounded generally by the western right-of-way
of S.W./N.W. 4th Avenue on the west. the northern right-of way of N.W./N.E. 2nd Street on the north.
and the Intracoastal Waterway on the east. In addition, on the east side of the Intracoastal Waterway.
Lowry_ Street on the north. Miramar Street on the south, and the western right-of-way of Ocean
Boulevard on the east. Also including N.E. 2nd Avenue from Atlantic Avenue north the N.E. 4th
"Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop
prior to entering the intersection.
"Movable Fixture." Any newsrack, bench, or other non-attached fixture.
"Newsrack." Any self-service or coin-operated box, container, storage unit, or other
dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news
periodicals or advertising circulars.
"Paved Surfaces." Any hard maintained surface used or built for the purpose of
transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt,
concrete, paver block, tree grates and/or rocks.
"Public Agency." The City of Delray Beach, Palm Beach county, the State of Florida, its
subdivisions, departments or authorized agents.
"Right-of-Way." Ail that area dedicated to public use or otherwise owned by a public
agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths,
and sidewalks.
"Roadway." That portion of a right-of-way improved, designed, or ordinarily used for
vehicular traffic.
"Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use
of pedestrians.
3 ORD NO. 23-96
(C) Certificate of Compliance Required:
No person shall place, affix, erect, construct or maintain a newsrack without providing a
certificate of compliance for each newsrack in accordance with the provisions of this section.
(1) Reviewing and Enforcement authority.: The authority_ responsible for reviewing
the certificates of compliance and enforcing the terms of this section shall be the Code
Enforcement Administrator or his/her desienee. The Code Enforcement administrator or his/her
designee is responsible for fairly coordinating and administrating the physical placement of the
newsracks.
(2) Certifications: The applicant shall file with the Code Enforcement Administrator
a written certificate of compliance which shall contain the following information:
(a) The name. address and telephone number of the applicant, who is the owner
and/or principal responsible for the newsrack(s).
Co) The name. address and telephone number of a responsible person whom the
City may notify, or contact at any time concerning the applicant's newsrack(s),
(c) The proposed location of the newsrack(s).
(d) Names of newspapers or periodicals to be contained in each newsrack.
(e) A certification that the newsrack is installed in conformance with the
provisions of this ordinance in their entirety.
(3) Verification of Certificate of Compliance: The Code Enforcement Administrator
may verify_ that the newsrack is in compliance with the provisions of this section.
(4) Denial of Certificate of Compliance: If a certificate of compliance for newsrack
location is incorrect, or the newsrack is not located, maintained, or installed in conformity with
the certification or this section, the certificate of compliance shall be deemed denied, and an order
to correct the violation shall be issued pursuant to Section 6.3.3(4B.
(D) General Placement of Newsracks:
The publisher or distributor of any newspaper or written periodical distributed from any
newsrack location within a city right-of-way shall notify, the Code Enforcement Administrator or
his/her designee, in writing, of the location or change of location of any such newsrack by filing
4 ORD NO. 23-96
the certificate of compliance no later than 14 days after the placement or relocation of the
newsrack.
(C E) Standards for Newsrack Maintenance and Installation:
Any newsrack which in whole or in part rests upon in or over any public property or right-of-way
shall comply with the following standards:
(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches
in depth. In the Downtown Area. modular newsracks may exceed the size limitations.
(2) Newsracks shall carry_ no advertising except for the name of the publication beine
distributed, and a cardholder kept in a neat and untorn condition describing the publication beine
(3) Coin operated 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.
(4) The controlling entity shall permanently affix to its 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 distributor to
give the notices provided for in this chapter.
(5) Modular Newsracks.
a. Within the Downtown Area individual newsracks are not permitted.
Modular newsracks may only be placed on concrete pads which will be constructed bv the
City in the following locations:
1. East Atlantic Avenue east of the FEC Railroad Tracks adjacent to
the Sun Trust Parking lot.
2. On the east side of the building located at the southwest corner of
southbound Federal Highway and Atlantic Avenue.
3. The Municipal Tennis Center. in close proximity_ to the clubhouse
building
5 ORD NO. 23-96
4. In from of City Hall on N.W. 1st Avenue
5, At the Gleason Bath House at Atlantic Avenue and South Ocean
6. At Boston's Restaurant on A-1-A
b, A modular newsrack may be placed on the west side of South Ocean
Boulevard south of Linton Boulevard.
c. The modular newsracks shall be installed and maintained by the distributors
in conformity_ with existing City. ordinances. The color of the modular newsrack shall
have gloss black bases, and forest green sides and doors. A color sample is available in
the Community_ Irn_r~rovement Department. Any modular newsra¢l~ found to be in
violation of the City ordinances is subject to the enforcement provisions contained in
Section 6.3.3(I).
(t~) The controlling entity shall maintain each movable fixture in a neat and clean
condition, and in good repair at all times. Each newsrack shall be maintained so that:
(a) It is reasonably free of graffiti:
lb) It is reasonably free of dirt and grease:
(c) It is reasonably free of chipped, faded, peeling and cracked paint in the visible
painted areas thereof:
(d) It is reasonably free of rust and corrosion in the visible metal areas thereon:
(e) 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
(f) The paper or cardboard parts or inserts thereof are reasonably free of tears, are
not peeling, or tearing: and
(g) The structural parts are not broken or unduly misshapen.
The use of a bench for advertising purposes is strictly prohibited.
6 ORD NO. 23-96
L~ Any newsrack being installed, placed, or maintained on a public right-of-way, street
or sidewalk shall be installed in a safe and secure manner so as to prevent the newsrack fi.om
being stolen or becoming a hazard in severe weather. At any time. the .total weight of the
newsrack and any weighting device shall not be less than one hundred twenty-five (125) pounds.
(9) In the event of the issuance of a hurricane warning by any entity_ with jurisdiction t0
issue such a warning, the newsrack shall be secured to the ground or placed in such a roanner so
that the newsrack is parallel to the ground..
~gB F) Prohibited Locations:
(1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected
on any landscaped area within an improved public right-of-way. The landscaped areas include,
but are not limited to, those areas in which the following ground cover materials placed:
(a) Decorative plants, or
(b) Native plants maintained to match the surrounding flora.
(2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to
obstruct the use of any public utility pole or structure. These areas are designated as follows:
(a) Drainage structures: Movable fixtures shall not be physically attached,
chained, or bolted to any drainage structure, inlet pipe, or other physical object meant to
carry water for drainage purposes;
Co) Utility Poles: Movable fixtures shall not be physically attached, chained, or
bolted to a utility pole;
(c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of a fire.
hydrant
(3) Traffic Control Devices: Movable fixtures shall not be physically attached,
chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement
markings. These areas shall be designated as follows:
(a) Traffic signals.
(1) Movable fixtures shall not be physically attached, bolted, or
chained to a traffic signal pole.
7 ORD NO. 23-96
(2) Movable fixtures shall not be placed in such a manner which
obstructs the free pedestrian flow to and from a pedestrian traffic signal
push button. In order to allow for the free pedestrian flow, and handicap
access, to and from pedestrian traffic signal push buttons, movable fixtures
shall be placed at least 36 inches away from such pedestrian traffic signal
push buttons.
(b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or
chained to a traffic sign or post used for the support of a traffic sign or signs.
(4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected
directly on a paved surface which is intended primarily for the use of motor vehicles.
(5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall leave a clear
area for traffic of not less than 40 inches.
(6) Bike Path: Movable fixtures which are placed or maintained on a bike path shall
leave a clear area for traffic of not less than 8 feet.
(7) Clear Zones: Movable fixtures shall not be installed, placed or erected within
clear zones as defined in this section. Clear zones are defined as follows:
(a) The area measured within four feet of the face of a six inch high vertically
faced curb. Where the four foot minimum is impractical, the minimum may be
reduce to 2 1/2 feet.
(b) In all other locations, the movable fixture shall be located no less than ten
(10) feet away from the edge of the pavement. If there is not ten (10) feet
available, the movable fixture shall be located as far away from the edge of the
pavement as possible
(8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected
within the sight areas defined in this section. For purposes of this section, sight areas extend
vertically from a point commencing 3 feet above the payment elevation, and encompass the
triangular area of property located at a comer formed by the intersection of two or more public
right-of-way, with two sides of the triangular area extending forty feet from their point of
intersection along the edge of roadway, and the third side being a line connecting the ends of the
other two lines. (See Figure 1). All obstructions to the required sight distance shall be removed
within the area shown in Figure 1.
8 ORD NO. 23-96
Figure 1
Typical Intersection
(not to scale)
(9) Other Areas: Movable fixtures shall not be placed, installed, or erected in any of
the areas defined in this section.
(a) The area withia 50 feet of any railroad track.
(b) On any city property unless the location has been specifically designated by
the City Manager or any authorized representative.
(1) The City Manager or the duly authorized City representative shall
designate locations at City facilities for the placement of movable fixtures.
(2) The City shall prepare a map for each City facility illustrating the
designated locations for the placement of movable fixtures. The location
maps shall be available for inspection at the office of the City Clerk.
(3) Movable fixtures which are placed at City Facilities are subject to the
same abandonment and enforcement provisions included in Sections
6.3.3(:F t:D and (-G 13 Improperly placed movable fixtures shall be
considered abandoned movable fixtures.
(c) The area within the medians of a divided roadway.
9 OR/) NO. 23-96
(d) Newsrack locations may be agreed ur)on by mutual consent of the City,
nublishers and distributors.
(10) Fixture Placement: Movable fixtures shall not be placed on any roadway, bike
path or swale area in front of. to the rear of. or to the side of a single family residence
within the City..
4~ G~ Insurance;
Every. publisher or distributor who places or maintains a newsrack on a public ri_~ht-of-
way shall provide to the Code Enforcement Administrator a current certificate of insurance.
naming the City. as an additional insured on October 1st of each year. Such insurance shall be
comprehensive general liability or commercial general liability, coverage on a form no more
restrictive than the latest edition of the Comprehensive General Liabili _ty Policy or Commercial
General Liability. filed by the Insurance Services Office. Minimum limits of total c0¥erage shall
be $300.000.00 r)er occurrence combined single limit for Bodily In_Jury Liabili~ and Property_
Damage Liability. Reasonable evidence of equivalent self-insurance coverage may be substituted
by the applicant for the above certificate of insurance, subject to the approval 0f the Ci .ty's Risk
Manager. Insurance under this section shall run continuously with the presence of the applicant's
newsrack(s] in the Ci _ty's right-of-way, and any termination or lanse of such insurance shall be a
violation of this Section. subiect to the appropriate remedy by the Code Enforcement Division
under Chapter 37 of the City's Code of Ordinances and the Enforcement provisions of this
~ III Abandonment:
(1) In the event a newsrack remains empty for a period of 30 continuous days, it shall be
deemed abandoned, and may be treated in the same manner as provided in 6.3.3. (4; I]below for
movable fixtures in violation of the provisions of this subchapter.
(2) If the controlling entity is not identified on the moveable fixture, it will be considered
abandoned and posted as such.
~ 13 Enforcement:
(1) Correction of Violation: Upon determination by a Code Enforcement Officer that a
movable fixture has been installed, used, or maintained in violation of Section 6.3.3, and order to
correct the violation shall be issued to the controlling entity.
10 ORD NO. 23-96
(2) The order to correct the violation shall specifically describe the violation and may
suggest actions necessary to correct the condition or violation. Such order shall be mailed by
certified mail return receipt requested to the controlling entity.
(3) Failure to properly correct the violation within 15 days of the receipt of the order,
sbnll result in the offending movable fixture being removed by the City. Any movable fixture
removed by the city thereunder shall be stored at the controlling entity's expense for a period of
30 days. The movable fixture shall be released upon a proper showing of ownership and payment
of any and all storage charges. In the event the movable fixture is not claimed within the 30 day
period, the movable fixture may be sold at public auction and the proceeds applied lb'st to
removal, administrative and storage charges, and the remainder, if any, then paid into the
General Fund of the City.
(4) If the movable fixture is posted as abandoned and not removed within 7 days from
the date of posting, or the City is not contacted by the controlling entity within 7 days from
receipt of the order, the City may remove the movable fixture immediately. The City shall store
the movable fixture for 30 days and if not claimed within that time, the entity may dispose of the
movable fixture in any manner it deems appropriate. If the movable fixture is claimed, the entity
claiming the movable fixture shall pay for all removal, administrative and storage charges prior to
release of the fixture. If the charges are not paid within 15 days of claim being made, the City
may dispose of the movable fixture.
(5) At least ten days prior to the public auction, the City Clerk shall publish a
description of the movable fixture, the location from where it was removed, and notice of the
auction in a newspaper of general circulation in the city and shall provide the controlling entity
identified on the movable fixture, or if otherwise known, with written notification of the auction
by certified mail, return receipt requested. Provided, however, that the City Manager, or his
designee, may dispose of the movable fixture in any manner it sees fit, including negotiating the-
release of the movable fixture to the controlling entity for less th~n full payment of all storage
charges if the City Manager or his designee is of the opinion that such disposal will be more
advantageous to the City th:~n auetior~ing off the movable fixture.
(6) In the event the controlling entity appeals the order to correct the offending
condition, as provided for in Subsection 6.3.3 (G_I), below, then removal of the movable fixture
shall be stayed pending final disposition of the appeal, which final disposition shall include any
judicial review. The city shall reimburse the controlling entity any storage charges paid pursuant
to an order issued by the city in the event the decision on the appeal is rendered favorable to the
C~ntrolling entity.
11 ORD NO. 23-96
~[L~: Any person or controlling entity aggrieved by any order, finding, or deter-
ruination, taken under the provisions of this ordinance, (hereinafter an appellam) may file an appeal with
the Code Enforcement Board for the City of Del_ray Beach. The appellant must effect their appeal within
1:5 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect
the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to th~
Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal
no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an
extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the
hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be
heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the
hearing the Board shall make a final and conclusive determination. The determination shall be reduced
to writing and signed by the Board and ~ed in the Office of the City Clerk within 15 days of the
hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when
rendered. The decision of the Board may be appealed as provided for by law.
S~on 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, 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 pan thereof other that the pan
declared to be invalid.
S~on 3. That all ordinances or parts of ordinances which conflict herewith be and the same is
hereby repealed.
Section 4. That this ordinance shall become effective one hundred eighty (180) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,1996.
ATTEST:
MAYOR
City Clerk
Fir~ Reading,
Second Rea~g
12 ORD NO. 23-96
ORPINANCE NO. 13-96
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE
FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS
ON THE PLACEMENT, APPEARANCE, AND
MAINTENANCE OF NEWSRACKS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, substantial growth in the number of newspaper operators and Newsracks
in the City has produced a significant increase in the number of Newsracks installed in public
rights-of-way; and
WHEREAS, the uncontrolled placement of Newsracks in public rights-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; and
WHEREAS, the installation and placement of Newsracks in public rights-of-way has
resulted in concerns by the public and City officials with regard to the safety, convenience and
aesthetics thereof; and
WlIEREAS, the City Commission finds that there is a need to regulate and establish
procedures regarding installation, placement maintenance and insuring of Newsracks within
the City; and
WHEREAS, the City Commission finds that such regulations and procedures
governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the
citizens of Delray Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use
and Work in the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of-
Way", of the City of Delray Beach Land Development Regulations is hereby amended to read
as follows:
Section 6.3.3 Movable Fixtures Within the Right-of-Way:
(A) Purpose and Scope:
The purpose of the following is to promote the public health, safety_ and welfare
through the re_tmlation of placement, fy_ pc. appearance, servicing, and insuring of newsracks
on public rights-of-way so as to:
(1) Provide for pedestrian and driving safety_ and convenience.
(2) Restrict unreasonable interference with the flow of pedestrian or
vehicular traffic including ingress into or egress from any residence or place of
business, or from the street to the sidewalk by persons exiting or entering parked or
standine vehicles.
(3) Provide for public and property_ safety, during hurricane conditions.
Provide reasonable access for the use and maintenance of poles, posts.
traffic signs or signals, hydrants, mailboxes and access to locations used for public
transportation purposes.
(5) Relocate and/or replace newsracks which result in a visual blight and/or
excessive space allocation on the public rights-of-way or which unreasonably detract
from the aesthetics of store window displays, adjacent landscaping and other
improvements, as well as to have abandoned newsracks removed.
(6) Maintain and protect the values of surrounding properties and prevent
damage to grass right-of-way areas.
(7) Reduce unnecessary_ exposure of the public to personal injury, or
property, damage.
(8~ Treat all newspapers equally regardless of their size. content, circulation.
or frequency of publication.
(9) Maintain and preserve freedom of the press.
(10) Cooperate to the maximum with newspaper distributors,
lB) Definitions: For the purpose of this subsection the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
"Advertising Circular." Any publication that contains only advertising and no
news reports. '
"Auxiliary Lane.' A turn lane or on-street parking area.
2 No. 13-96
"Bike Path." That portion of a right-of-way improved, designed, or ordinarily
used for bicycle traffic.
"Controlling Entity." The person or entity responsible for placing and
maintaining a movable fixture, the owner of the movable f~xture, or the publisher of the
newspaper vended within a newsrack.
"Equivalent newsrack." Any newsrack which is of the same size. dimensior~s
and style of the specified newsrack.
"Intersecting Sidestreet." Any roadway or driveway on which traffic is
required to stop prior to entering the intersection.
"Movable Fixture." Any newsrack, bench, or other non-attached fixture.
"Newsrack." Any self-service or coin-operated box, container, storage unit, or
other dispenser installed, used, or maintained for the display, sale, or distribution of
newspaper or other news periodicals or advertising circulars.
"Paved Surfaces." Any hard maintained surface used or built for the purpose
of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to,
asphalt, concrete, paver block, tree grates and/or rocks.
"Public Agency." The City of Delray Beach, Palm Beach county, the State of
Florida, its subdivisions, departments or authorized agents.
"Right-of-Way." All that area dedicated to public use or otherwise owned by a
public agency for public street purposes and shall include, but not be limited to, roadways,
swales, bike paths, and sidewalks.
"Roadway." That portion of a right-of-way improved, designed, or ordinarily
used for vehicular traffic.
'Sidewalk." Any surface within a right-of-way provided for the exclusive or
primary use of pedestrians.
(C) Certificate of Compliance Required:
No person shall place, affix, erect, construct or maintain a newsrack without first
providing a certificate of compliance for each newsrack in accordance with the provisions of
(1) Reviewing and Enforcement authority: The authori_ty responsible for
reviewing the certificates of compliance and enforcing the terms of this se¢tion shall be
the Code Enforcement Administrator or his/her designee. The Code Enforcement
No. 13-96
3
administrator or his/her designee is responsible for fairly coordinatine and
administrating the physical placement of the newsracks.
(2) Certifications: The applicant shall file with the Code Enforcement
Administrator a written certificate of compliance which shall contain the following
(a) The name. address and telephone number of the applicant, who is
the owner and/or principal responsible for the newsrack(s).
Co) The name. address and telephone number of a responsible person
whom the City may notify or contact at any time concernine the applicant's
newsrack(s).
The number of newsracks and the proposed location of each.
(d) Names of newspapers or periodicals to be contained in each
newsrack.
(e) Type or brand of newsracks, including an illustration and
description of the newsrack and mount if other than a box .type. or a newsrack
manufactured with modifications to the door. window and cabinetry_ of the
above-described newsracks to accommodate vertically-formatted ("Tabloid-
type") newspaper display and distribution, as per section 6.3.3 CE).
(t3 A certification that the newsrack is installed in conformance with
the provisions of this ordinance in their entirety.
(3) Verification of Certificate of Compliance: The Code Enforcement
Administrator may verify_ that the newsrack is in compliance with the provisions of this
section.
4) Denial of Certificate of Compliance: If a certificate of compliance for
newsrack location is incorrect, or the newsrack is not located, maintained, or installed
in conformity, with the certification or this section, the certificate of compliance shall
deemed denied, and an order to correct the violationshall be issued pursuant to Section
6.3.3(-$ I).
No. 13-96
4
(D) General Placement of Newsracks:
The publisher or distributor of any newspaper or written periodical distributed from
any newsrack location within a city. right-of-way shall notify_ the Code Enforcement
Administrator or his/her designee, in writing, of the location or chan~e of location of
any such newsrack by filing the certificate of compliance no later than 14 days after the
placement or relocation of the newsrack.
(C E) Standards for Newsrack Maintenance and Installation:
Any newsrack which in whole or in part rests upon in or over any public property or
right-of-way shall comply with the following standards:
(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24
inches in depth.
(2) Newsracks shall be wide base. non-pedestal. K-JACK K J-960. K J-860.
SHO-RACK TK-80. or TK-500 newsrack or equivalent. If demand warrants, the
newsrack may be a KJ-950D or equivalent. Manufactured modifications to the door.
window, and cabinetry_ for the above described newsracks to accommodate vertically-
formatted. "tabloid type" newspaper display and distribution are acceptable. Under
"warranted demand." a Newspaper Publishing Company may show that it is necessary.
to include, with ordinary demand, a reasonable percentage factor to accommodate peak
yearly distribution in the quantity of newspapers dispensed. If the demand is
warranted, the City_ shall not unreasonably withhold approval of such proposal by the
Newspaper Publishing company in accordance with Section 6.3.3(A~.
(3) Newsracks shall have gloss black bases, forest green sides and door. and
forest green coin box. coated per standard specifications.
(4) Newsracks shall carry, no card holders or advertising except the name of the
newspaper being dispensed centered fifteen inches (15") from the top of the cabinet.
with duplicate lettering on the front, sides and back of the cabinet, such lettering not
exceeding two and one-half inches (2 l/2'q in height. The above fifteen inch (15")
dimension may be adjusted on the door by the manufacturer to accommodate
modifications for vertically-formatted. "tabloid-type" newsraeks.
LSd Coin operated 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.
L6~ The controlling entity shall permanently affix to its newsracks a label which
states a 24 hour operable telephone number of a working telephone service which the
5 No. 13-96
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 distributor to give the notices provided for in this chapter.
(D7) The controlling entity shall maintain each movable fixture in a neat and
clean condition, and in good repair at all times. Each newsrack shall be maintained $o
t~hat:
(al It is reasonably free of graffiti:
(b) It is reasonably free of dirt and grease:
(c) It is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof:
(d) It is reasonably free of rust and corrosion in the visible metal areas
thereon:
(e) 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 discolorations.
(th The paper or cardboard parts or inserts thereof are reasonably free
of tears, are not p~eling, or tearing: and
(g) The structural parts are not broken or unduly misshapen.
(t31~ The use of a bench for advertising purposes is strictly prohibited.
lQ-) Any newsrack being installed, placed, or maintained on a public right-of-way,
street or sidewalk shall be installed in a safe and secure manner so as to prevent thc
newsrack from being stolen or becoming a hazard in severe weather. At any time. the
total weight of the newsrack and any weighting device shall not be less than one hundred
I3venty-five (125) pounds.
(10) In the event of the issuance of a hurricane warning by any entity, with
jurisdiction ~;O issue such a warning, the newsrack shall be removed.
.C~ F) Prohibited Locations:
(1) Landscaped Areas: Movable fixtures shall not be placed or installed or
erected on any landscaped area within an improved public fight-of-way. The landscaped
areas include, but are not limited to, those areas in which the following ground cover
materials placed:
No. 13-96
6
(a) Decorative plants, or
(b) Native plants maintained to match the surrounding flora, or
(2) Public Utilities: Movable fixtures shall not be placed, installed, or
erected to obstruct the use of any public utility pole or structure. These areas are
designated as follows:
(a) Drainage structures: Movable fixtures shall not be physically
attached, chained, or bolted to any drainage structure, inlet pipe, or other physical
object meant to carry water for drainage purposes;
(b) Utility Poles: Movable fixtures shall not be physically attached,
chained, or bolted to a utility pole;
(c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of
a fire hydrant
(3) Traffic Control Devices: Movable fixtures shall not be physically
attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs
or pavement markings. These areas shall be designated as follows:
(a) Traffic signals.
(1) Movable fixtures shall not be physically attached,
bolted, or chained to a traffic signal pole.
(2) Movable fixtures shall not be placed in such a
manner which obstructs the free pedestrian flow to and from a
pedestrian traffic signal push button. In order to allow for the free
pedestrian flow, and handicap access, to and from pedestrian traffic
signal push buttons, movable fixtures shall be placed at least 36
inches away from such pedestrian traffic signal push buttons.
(b) Traffic signs. Movable fixtures shall not be physically attached,
bolted, or chained to a traffic sign or post used for the support of a traffic
sign or signs.
(4) Paved Surfaces: No moveable fixture shall be placed, installed, or
erected directly on a paved surface which is intended primarily for the use of motor
vehicles.
(5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall
leave a clear area for traffic of not less than 40 inches.
7 No. 13-96
(6) Bike Path: Movable fixtures which are placed or maintained on a bike
path shall leave a clear area for traffic of not less than 8 feet.
(7) Clear Zones: Movable fixtures shall not be installed, placed or erected
within clear zones as defined in this section. Clear zones are defined as follows:
(a) The area measured within four feet of the face of a six inch
high vertically faced curb. Where the four foot minimum is impractical,
the minimum may be reduce to 2 1/2 feet.
(b) In all other locations, the movable fixture shall be located
no less than ten (10) feet away from the edge of the pavement. If there is
not ten (10) feet available, the movable fixture shall be located as far away
from the edge of the pavement as possible
(8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected
within the sight areas defined in this section. For purposes of this section, sight areas
extend vertically from a point commencing 3 feet above the payment elevation, and
encompass the triangular area of property located at a comer formed by the intersection
of two or more public right-of-way, with two sides of the triangular area extending forty
feet from their point of intersection along the edge of roadway, and the third side being a
line connecting the ends of the other two lines. (See Figure 1). All obstructions to the
required sight distance shall be removed within the area shown in Figure 1.
Figure 1
Typical Intersection
(not to scale)
(9) Other Areas: Movable fixture shall not be placed, installed, or erected in
any of the areas defined in this section.
No. 13-96
8
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location has been specifically
designated by the City Manager or any authorized representative.
(1) The City Manager or the duly authorized City representative
shall designate locations at City facilities for the placement of
movable fixtures.
(2) The City shall prepare a map for each City facility illustrating
the designated locations for the placement of movable fixtures.
The location maps shall be available for inspection at the office of
the City Clerk.
(3) Movable fixtures which are placed at City Facilities are
subject to the same abandonment and enforcement provisions
included in Sections 6.3.30z t:D and (G I3 Improperly placed
movable fixtures shall be considered abandoned movable fixtures.
(c) The area within the medians of a divided roadway.
(10) Fixture Placement: Movable fixtures shall not be placed on any
roadway, bike path or swale area in front of. to the rear of. or to the side of a
single family residence within the City.
trI4G} Insurance:
Every. publisher or distributor who places or maintains a newsrack on a public
right-of-way shall provide to the Code Enforcement Administrator a current certificate
of insurance on October 1st of each year. Reasonable evidence of equivalent self-
insurance coverage may be substituted by the applicant for the above certificate of
insurance, subject to the approval of the Ci.ty's Risk Manager. Insurance under this
section shall run continuously with the presence of the applicant's newsrack(s) in the
City's right-of-way, and any termination or lapse of such insurance shall be a violation
Of this Section. subject to the appropriate remedy by the Code Enforcement Division
under Chapter 37 of the Ci _ty's Code of Ordinances and the Enforcement provisions of
this Chapter.
Abandonment:
(1) In the event a newsrack remains empty for a period of 30 continuous days,
it shall be deemed abandoned, and may be treated in the same manner as provided in
6.3.3. (-G 13below for movable fixtures in violation of the provisions of this subchapter.
9 No. 13-96
(2) If the controlling entity is not identified on the moveable fixture, it will be
considered abandoned and posted as such.
~G I) Enforcement:
(1) Correction of Violation: Upon determination by a Code Enforcement
Officer that a movable fixture has been installed, used, or maintained in violation of
Section 6.3.3, and order to correct the violation shall be issued to the controlling entity.
(2) The order to correct the violation shall specifically describe the violation
and may suggest actions necessary to correct the condition or violation. Such order
shall be mailed by certified mail return receipt requested to the controlling entity.
(3) Failure to properly correct the violation within 15 days of the receipt of
the order, shall result in the offending movable fixture being removed by the City. Any
movable fixture removed by the city hereunder shall be stored at the controlling entity's
expense for a period of 30 days. The movable fixture shall be released upon a proper
showing of ownership and payment of any and all storage charges. In the event the
movable fixture is not claimed within the 30 day period, the movable fixture may be sold
at public auction and the proceeds applied first to removal, administrative and storage
charges, and the remainder, if any, then paid into the General Fund of the City.
(4) If the movable fixture is posted as abandoned and not removed within 7
days from the date of posting, or the City is not contacted by the controlling entity within
7 days from receipt of the order, the City may remove the movable fixture immediately.
The City shall store the movable fixture for 30 days and if not claimed within that time,
the entity may dispose of the movable fixture in any manner it deems appropriate. If the
movable fixture is claimed, the entity claiming the movable fixture shall pay for all
removal, administrative and storage charges prior to release of the fixture. If the charges
are not paid within 15 days of claim being made, the City may dispose of the movable
fixture.
(5) At least ten days prior to the public auction, the City Clerk shall publish
a description of the movable fixture, the location from where it was removed, and notice
of the auction in a newspaper of general circulation in the city and shall provide the
controlling entity identified on the movable fixture, or if otherwise known, with written
notification of the auction by certified mail, return receipt requested. Provided, however,
that the City Manager, or his designee, may dispose of the movable fixture in any manner
it sees fit, including negotiating the release of the movable fixture to the controlling entity
for less than full payment of all storage charges if the City Manager or his designee is of
the opinion that such disposal will be more advantageous to the City than auctioning off
the movable fixture.
10 No. 13-96
(6) In the event the controlling entity appeals the order to correct the
offending condition, as provided for in Subsection 6.3.3 (G_~), below, then removal of the
movable fixture shall be stayed pending final disposition of the appeal, which final
disposition shall include any judicial review. The city shall reimburse the controlling
entity any storage charges paid pursuant to an order issued by the city in the event the
decision on the appeal is rendered favorable to the controlling entity.
~ J) Appeals: Any person or controlling entity aggrieved by any order, finding, or
determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an
appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must
effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to
this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal,
briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code
Enforcement Board shall hold a heating on the appeal no later than 30 days following the receipt
of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant
shall be given at least 7 days written notice of the time and place of the hearing. The Board shall
give the appellant and any other interested party a reasonable opportunity to be heard in order to
show cause why the fixture is not violating this ordinance. At the conclusion of the hearing the
Board shall make a final and conclusive determination. The determination shall be reduced to
writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the
heating and a copy shall be sent to the appellant. The decision of the Board shall be effective
when rendered. The decision of the Board may be appealed as provided for by law.
~. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, 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
thereof other that the part declared to be invalid.
~. That ail ordinances or parts of ordinances which conflict herewith be and
the same is hereby repealed.
S~tion 4. That this ordinance shall become effective one hundred eighty (180) days
after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,1996.
MAYOR
ATTEST:
First Reading
City Clerk Second Reading.
newsrac2.ord
11 No. 13-96
[lTV DF DELRRV BERCH
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
lllk DATE: May2, 1996
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorney
SUBJECT: Ordinance Modifying Land Development Regulations Section 6.3.3,
The Proposed ordinance which is attached to this memorandum revises Section 6.3.3. of
the City's Land Development Regulations. The ordinance primarily addresses the issue
of newsrack aesthetics. The ordinance in its current form would require all publishers or
distributors to submit a "Certificate of Compliance" with respect to each newsrack
placed within the City limits no later than two weeks after placement of the newsrack.
Following the City Commission workshop meeting of March 12, 1996, City staff met
with the newspaper distributors and publishers. At that meeting, it was agreed that the
City would construct/install concrete pads at several locations within a "Downtown
Area" at which the modular newsracks could be installed. The "Downtown Area" is
defined in the ordinance, and covers an area stretching from N.W./S.W. 4th Avenue o
the west to A-1-A on the east, N.W. ~l~}Street on the north and S.W./S.E..2a~[Street on
the south.
The publishers and distributors have agreed to sign the attached Memorandum of
Understanding, which will prohibit newsracks at the following locations:
1. The intersection of Homewood Boulevard and S.W. 10th Street.
2. The intersection of Barwick Road and Lake Ida Road.
3. South Federal Highway in front of the Denny's Restaurant.
4. N.E. 2nd Avenue (Pineapple Grove Way) south of Lake Ida Road, east of
the United States Post Office.
The publishers have agreed to work to keep these areas free of newsracks.
Printed on Recycled Paper
City Commission
May 2, 1996
Page 2
Section 6.3.3.(E)(7) requires that all newsracks be maintained in a neat and clean
condition. This requires the publisher or distributor to maintain a newsrack that is free of
graffiti, dirt, rust, chips and paint, and corrosion. Failure to maintain the newsrack in
good condition could result in an enforcement action.
Under the proposed ordinance, the distributor or publisher will also have to provide the
City with proof of insurance. In order to protect the public from newsracks which easily
tip over in the wind, all newsracks will have to weigh a minimum of 125 pounds at all
time.
The distributor will also be required, in the event of a hurricane warning, to secure the
newsrack from the right-of-way. This will protect the public from flying debris in the
event of a hurricane.
The above described changes will assist the City in correcting the aesthetic and safety
problems associated with newsracks.
Please call if you have any questions.
DNT:smk
cc: David Harden, City Manger
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvements
Diane Dominguez, Planning Director
Richard Bauer, Code Enforcement Administrator
news-2.dnt
MEMORANDUM OF UNDERSTANDING
On this ~ day of , 1996, the below named parties enter into
this Memorandum of Understanding with the CITY OF DELRAY BEACH, a Florida
municipal corporation.
1. In return for the payment of good and sufficient consideration, receipt of
which is hereby acknowledged, the City of Delray Beach, newspaper publishers and
distributors whose signatures appear below do hereby mutually agree not to place newsrack at
the following locations within the City of Delray Beach:
1. The intersection of Homewood Boulevard and S.W. 10th Street.
2. The intersection of Barwick Road and Lake Ida Road.
3. South Federal Highway in front of the Denny's Restaurant.
4. N.E. 2nd Avenue (Pineapple Grove Way) south of Lake Ida Road, east of the
United States Post Office.
CITY OF DELRAY BEACH, FLORIDA
By: By:
Print Name: Print Name:
on behalf of:
By: ATTEST:
Print Name: City Clerk
on behalf of:
Approved as to Form:
By:
Print Name:
on behalf of: David N. Tolces, Assistant City Attorney
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
By: By:
Print Name: Print Name:
on behalf of: on behalf of: