27-96 MEMORANDUM
TO: Distribution List
FROM: City Clerk's Office
SUBJECT: Distribution of Ordinances/Resolutions
DATE: August 22, 1996
Attached for your use/file/information is an executed copy of the
following:
Final version of the Newsrack Ordinance (#27-96), passed
and adopted August 6, 1996.
PLEASE NOTE the effective date of the ordinance is
180 days after passage on second and final reading
(February 2, 1997)_______________~, except that the provisions of
Sec. 102.40(D) (5), requiring placement of modular newsracks
on City constructed concrete pads, shall not become effective
until 14 days after the City notifies the vendors, in writing,
that the concrete pads are in place.
If you need additional information, please contact the City Clerk's
Office.
AMH/m
Attachment ( s )
Distribution List for Ord. No. 27-96 (Newsracks/Movable
Fixtures):
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
HOYTOWENS, DEP. DIR. PUBLIC WORKS
SCOITSOLOMON, SUPT. OF STREETS
SUSAN A. RUBY, CITY ATTORNEY
DAVID TOLCES, ASSISTANT CITYATIORNEY
BRIAN SHU%~, ASSISTANT CITYAT~ORNEY
ERIC HIGHTOWER, ACA/POLICE LEGAL ADVISOR
LULA BUTLER, DIRECTOR OF COMMUNITY IMPRDVEMENT
JERRY SANZONE, BUILDING & INSPECTIONS ADM./CBO
RICHARD BAUER, CODE ENFOB£EMENT ADMINISTRATOR
WILLIAM GREENWOOD, DIRECTOR OF ENVIRONMENTAL SERVICES
JOSE AGUILA, CONSTRUCTION MANAGER
HOWARD WIGHT, DEPUTY DIRECTOR OF CONSTRUCTION
DAN BEATI~, CITY ENGINEER
JOE SAFFORD, FINANCE DIRECTOR
CHIEF REHR, FIRE DEPARTMENT
JOE WELDON, DIRECTOR OF PARKS AND RECREATION
DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING
JASMIN AT.T.RN, PLANNER
LORETTA HEUSSI, STAFF ASSISTANT
CHIEF OVERMAN, POLICE DEPARTMENT
ORDINANCE NO. 27-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING SECTION 6.3.3,
"MOVABLE F/XTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH; REPEALING SECTION 102.40, 'NEWSRACKS'
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH; ENACTING A NEW SECTION 102.40, "MOVABLE
FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE CODE OF
ORDINANCES 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
WttEREAS, 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:
Se~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
Delray Beach Land Development Regulations is hereby repealed in its entirety:
S~tion 2. That Title 19, "General Regulations", Chapter 102, "Streets and Sidewalks", Section
102.40, "Newsracks', of the Code of Ordinances of the City of Delray Beach, is hereby repealed in its
entirety and a new Section 102.40, "Movable Fixtures Within the Right-of-Way" is hereby enacted to
read as follows:
Section 102.40 MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY:
(A) Purpose and Scope:
The numose of the followine is to oromote the nublic health, safety and welfare through
the re_tmlation of placement. _type. ap~arance, 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 standing vehicles.
(3) 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 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
~m'ass right-of-way areas.
(7) Reduce unnecessary_ exposure of the public to _rmrsonal injury or property_ damage.
!~ (8) Treat all newspapers equally regardless of their size. content, circulation, or
frequency of publication.
ii
!i 2 ORD NO. 27-96
(_9) Maintain and ~reserve 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.
"Auxiliary, Lane." A mm lane or on-street parking area.
"Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for
bicycle traffic.
"Controlling Enti.ty." The person or entity_ responsible for placing and maintaining a
movable fixture, the owner of the movable fixture, or the publisher of the new~paper vended
within a newsrack.
"Downtown Area.' The rectan_cmlar 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, the Intracoastal Waterway on the east and the southern right-of-way of S.W./$.E.
Street on the south. 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 to N.E. 4th Street.
"Intersecting Sidestreet." Any roadway or driveway on which traffic is required to ~top
prior to entering the intersection.
"Modular Newsrack.' A connected grouping of four to nine newsracks rflaced on a
pedestal which is installed or used for the display, sale. or distribution of newspaper or other
news periodicals or advertising circulars.
"Movable Fixture." An.v newsrack, bench, or other non-attached fixture.
"Newsrack." Any self-service or coin-o~rated 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.
3 ORD NO. 27-96
"Paved Surfaces.' Any hard maintained surface used or built for the purpose of
tran~aortine vehicles, bicycles or nedestrians, includine Darkine areas. Surfaces shall include, but
not be limited to. asphalt, concrete, paver block, tree grates and/or rocks.
"Public Aeencv., The City of Delrav 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
(C) Certificate of Compliance Required:
The publisher or distributor of an_v newspaper or written periodical distributed from any
newsrack location within a ci.ty 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
a certificate of compliance in accordance with the provisions of this section no later than 14 days
after the placement or relocation of the newsrack.
(1) Reviewing and Enforcement authority_: The authority_ responsible for
reviewing the certificates of compliance to verify, compliance with the ordinance
provisions and enforcing the terms of this ordinance shall be the Code Enforcement
Administrator or his/her designee,
~,,)._Certifications: The controlling entity_ 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 controlling entity_, who
is the owner and/or t~rinci~al responsible for the newsrack(sL
(b) The name. address and telephone number of a rest~onsible t~erson
whom the City_ may notify, or contact at any time concerning the controllin?
entity's newsrack(s), including notifications for enforcement purposes.
4 ORD NO. 27-96
(fo) The proposed location of the newsrack(fs).
(rd) Names of newspapers or periodicals to be contained in each newsrack.
(e) A certification that the newsrack(s) is (fare) installed in conformance
with the provisions of this ordinance in their entirety,
(03 Executed indemnification agreement and insurance certificate in
~0mpliance with Section 102.400:),
More than one newsrack location may be included on a certificate of compliance.
(3) Denial of Certificate of Compliance: If a certificate of compliance for
newsraek 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
Standards for Newsrack Maintenance and In~qtallation:
Any newsrack which in whole or in part rests upon in or over any public pro~rty 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. 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 distributed.
(_3) Coin operated newsracks shall be equipped with a coin return mechanism to
~rmit a ~rson 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 l:yCnt 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.
t
5 ORD NO. 27-96 f
(5) Modular Newsracks.
(a) In the following locations, individual newsracks are not permitted.
Modular newsracks may only be placed on concrete pads which will be constructed
by the City_ in the following areas:
1. Within the Downtown Area. Modular newsracks may be placed
in the followin~ locations:
a. East Atlantic Avenue east of the FEC Railroad Tracks
adjacent to the parking lot on the west side of S.E. 3rd Avenue.
b. On the east side of the buildine located at the southwest
corner of southbound Federal Highway and Atlantic Avenue.
c. The Municipal Tennis Center. in close proximity_ to the
clubhouse buildine.
d. In front of City_ Hall on N.W. 1st Aven~¢,
e. At the Gleason Bath House at Atlantic Avenue and South
Ocean Boulevard.
f. Adjacent to the building located at 40 South Ocean
2. Within the North Federal Highway Redevelopment Area,
3. Within the West Atlantic Avenue Redevelopment Area,
4. A modular newsrack may be placed on the west side of South
Ocean Boulevard approximately 1.000 feet south of Linton Boulevard.
b. The modular newsracks shall be in.~talled 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. Any modular
newsrack found to be in violation of the City_ ordinances is subject to the
enforcement provisions contained in Section 102.40 (I-D.
6 ORD NO. 27-96
(6) The controlling entity, shall maintain each movable fixture in a neat and clean
condition, and in good repair at all times. Each movable fixture shall be maintained so
that:
(a) It is free of graffiti:
Co) 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:
(0) It is reasonably free of mst and corrosion in the visible metal areas
thereon:
(e) The clear plastic or glass parts thereon, if an_v. 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 ~eling. or tearing: and
(g) The structural parts are not broken or unduly misshapen.
(h) The surrounding area upon which the newsracks is placed will also be
maintained in a neat and orderly condition.
(7) The use of a bench for advertising purposes is strictly prohibited.
(8~ Any newsrack beine installed, nlaced, or maintained on a nublic ri~ht-of-wav.
street or sidewalk or other public property, 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 enti_ty 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:
7 ORD NO. 27-96
(D Landscaped Areas: Movable fixtures shall not be placed or installed or
erected on any landscaped area within an improved public ri~ht-of-wav or p~lblic property,
The landscaped areas include, but are not limited to. those areas in which the following
,ground cover materials placed:
(a) Decorative plants, or
~) Native plants maintained to match the surrounding flora,
(2) Public Utilities: Movable fixtures shall not be placed, installe~l, or erected tO
obstruct the use of any public utili_ty pole or structure. These areas are designated as
follows:
(a) Drainage structures: Movable fLxtures shall not be physically attached.
chained, or bolted to any drainage structure, inlet pipe. or other physical ob_iect
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 fLxtures shall not be located within 15 feet of
a fire hy~lrant
(3) Traffic Control Devices: Movable fLxtures 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 fixture,~
shall be placed at least 36 inches away from such pedestrian traffic signal
(b) Traffic signs. Movable fLxtures shall not be physically attached,
bolted, or chained to a traffic sign or post used for the support of a traffic sign or
8 ORD NO. 27-96
(4) Paved Surfaces: No movable 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 fLxtures shall not be installed, placed or erected within
clear zones as defmed in this section. Clear zones are defmed 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 imt~ractical, the minimum
may be reduce to 2 1/2 feet.
~) In all other locations, the movable fixture shall be located Ilo less than
ten (10) feet away from the edge of the pavement. If there is not ten (10) feet l
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
encomnass the trian_eular area of property_ located at a corner formed by the intersection of
two or more public right-of-way, with two sides of the trian_eular area extending twenty_-
five (25') feet from their point of intersection along the edge of pavement, and the third
side being a line connecting the ends of the other two lines. (See Fi_cure 1). All
obstructions to the required sight distance shall be removed within the area shown in
9 ORD NO. 27-96
Typical Intersection
(not to scale}
(9) f~,he, r_A,te, a~ Movable fixtures 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.
Co) 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. facili.ty illustrating
the designated locations for the placement of movable fixtures. The
location maps shall be available for inspection at the office of the City.
(3~ Movable fixtures which are placed at City_ facilities are subject to
all provisions of Section 102.40. Improperly placed movable fixtures shall
be considered abandoned movable fixtures.
10 ORD NO. 27-96
(c) The area within the medians of a divided roadway.
(d) Newsracks may not be placed within a one hundred fifty_ foot (150'~
radius of another newsrack containing the same newspaper, news periodical, or
advertising circular except where separated by a street comer. Where warranted
by the quantity_ of newspaper sales, the Code Enforcement Administrator may
allow a double newsrack not more than forty_ (40") wide otherwise complying with
the requirements of Section 102.40(D).
(¢) Newsrack locations may be agreed 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..
Insurance and Indemnification:
(1) Insurance. Every_ publisher or distributor who places or maintains a newsrack
0il a public right-of-way or public property_ shall provide to the Code Enforcement
Administrator a current certificate of insurance, naming the City_ as an additional insured
0Il October 1st of each year. Such insurance shall be comprebensive general liability or
commercial general liability_ coverage on a form no more restrictive than the latest edition
Of the Comprehensive General Liability_ Policy or Commercial General Liabili_ty filed by
the Insurance Services Office. Minimum limits of total coverage shall be $300.000.00 ~r
OCcurrence combined single limit for Bodily Injury_ Liability_ and Pro~rty_ 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 of the City's
Risk Manaeer. Insurance under this section shall mn continuously with the nresence of
the applicant's newsrack(s) in the City's right-of-way, and an_v termination or lapse of
such insurance shall be a violation of this Section. subiect to the a~nrooriate remedy bv
the Code Enforcement Division under Chapter 37 of the City's Code of Ordinances and
the Enforcement provisions of this Chapter.
(2) Indemnification. Every_ publisher or distributor who places or maintains a
li~wsrack on a public right-of-way, public sidewalk, street, or swale in the City_. shall
execute and deliver a written agreement under which it agrees to indemnify, hold harmless
and defend the City_. its officers, agents and employees from any loss. liability., or damage
sustained by any person as a result of the installation, use and/or maintenance of a
newsrack within the City_. This shall not be construed to affect in any way the City's
rights, privileges, and immunities as set forth in Section 768.28. Florida Statutes.
11 ORD NO. 27-96
((3) 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 102.40
(H~ below for movable f~xtures in violation of the nrovisions of this subehanter.
(2) If the controlling entity_ is not identified on the movable fixture, it will be
considere~l abandoned and posted as such.
(3) If the newsrack is placed at a City_ facility_ in a location not previously
approved, it will be considered abandoned and posted as such.
_fi-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
102.40. and order to correct the violation shall be issued to the controlling enti_ty, If the
newsrack is considered abandoned, an order will not be issued.
(_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 bv the Ci_ty. 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 fLxture shall be released upon a pro~r
showing of ownership and payment of removal, administrative, and storage charges. The
administrative charge is $55.00 and the storage charge is 8;2.00 ~r day. up to a maximum
of 30 days. In the event the movable fixture is not claimed within the 30 day ~riod. the
movable fLxture 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 an order to correct the violation, the Ci_ty 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
12 ORD NO. 27-96
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_. Any publication may include
multiple listings of movable fixtures. The Ci.ty shall also 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 enti_ty 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.
(6) In the event the controlling entity_ appeals the order to correct the offending
condition, as provided for in Subsection 102.40 .(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 ci_ty shall reimburse the controlling entity, any storage
charges paid pursuant to an order issued by the ci_ty in the event the decision on the appeal
is rendered favorable to the controlling entiW,
_(B Appeals: Any person or controlling entity_ aggrieved by an_v order, finding, or deter-
mination, taken under the provisions of this ordinance. (hereinafter an appellant) may file an
appeal with the Code Enforcement Board for the City_ of Delrav Beach. The appellant mu~t effect
their appeal within 15 days after receipt of the order mailed to the appellarlt 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. A hearine before
the Code Enforcement Board shall be scheduled 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 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,
~I 13 ORD NO. 27-96
Section 3. 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.
Section 4. That all ordinances or parts of ordinances which conflict herewith be and the same is
hereby repealed.
Section 5. That this ordinance shall become effective one hundred eighty (180) days after its
passage on second and fmal reading, except that the provisions of 102.40(D)(5), requiring placement of
modular newsracks on City constructed concrete pads, shall not become effective until fourteen (14) days
after the City notifies the vendors, in writing, that the concrete pads are in place.
PASSED AND ADOPTED in regular session on second and final reading on this the
6th day of August , 1996.
ATTEST: ~
City Clerk - - d' '
First Reading, July 23, 1996
Second Reading August 6, 1996
14 ORD NO. 27-96
07/29/96 M0N 15:06 FAX 407 278 4755 DEL BCH CTY ATTY [~002
1. The intersection of Homewood Boulevard and $.W. 10th Strut.
The Mm, section of Barwick Road and Lake Ida Road.
3. South Federal Highway in front of the Denny's Restaurant.
4. N.E. 2nd Avera~ (Pineapple Grove Way) south of Lake Ida Road, east of the
umlxM states Post Office.
2. Thb Agreemcm ahall bec, omc effective upon the effective date of City of
Delray Beach OrdLnane~ 27--96.
3. In the event the City of Delr~y Beach adopts a sabsequent ordimr~ce
revising Ordinance 27-96, this Agr~meot shall be null and void.
CITY OF DELRAY BEACJ-I, FLORIDA
Prm Name:. 5 FN N Pri~ame¥ 'AY/,,~PeR. I~,
Nme: ~o I ~.~ ~ i IIe r
C~ CI~Z
By:_~_~ By: ..
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on behalf off ~le ~o~ ~rttta on behalf off
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on behMf of: ~O~' ~ ~¢O on beef of:
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Wdmr's D~ct L~e: (~7) 143-7~
DELRAY BEACH
,:, DATE: July 18,
199~
TO: Ci~ Co~ssion
~0~: David N. ToJccs, Assistant
SUBJECT: Movable Fixture Ordinance
The attached ordinance is the latest edition of the proposed movable fixture ordinance.
The primary revisions are as follows:
1. The movable f~xture ordinance will be located in Section 102.40 of the
Code of Ordinances as opposed to the LDR's. This will assist in the
consolidation of the City's code which will allow City employees to
review the ordinance without having to use both the LDR and code books.
2. Definition of "modular newsrack" on Page 3.
3. The addition of other locations where modular newsracks may be placed,
and as a result, individual newsracks will be prohibited. The additional
locations are the North Federal Highway Redevelopment Area, and the
West Atlantic Redevelopment Area. This revision is on Page 6.
3. The removal of the term "reasonable" before the word "graffiti" in
Section 102.40(D)(6) on Page 7.
4. The addition of item 102.40(D)(6)(h) which requires the publishers to
maintain the area surrounding the newsracks in a neat and orderly
condition. This addresses the issue of litter and trash around the
newsracks. The parties agree that the publishers should be responsible for
cleaning up around their newsracks.
5. On Page 8, Section 102.40(E)(1)(c) was deleted. Newsracks will be
allowed to be placed on sod or grass. The publishers feel very strongly
that if the City prohibits the placement of newsracks on sod or grass that a
City Commission
July 18, 1996
Page 2
substantial majority of their locations will be eliminated. This provision,
in the publishers' minds, effectively bans newsracks from the City.
6. On Page 9, Section I02.40(E)(8), the clear zone at an intersection is being
reduced to 25 feet from 40 feet. The parties briefly discussed the nature
of the 40 foot limitation. It was agreed that the 40 foot distance is not
needed, and that a 25 foot clear zone would adequately protect the City's
concerns with public safety.
7. On Page 11, Section 102.40(E)(9)(d) will prohibit a publisher from
locating a newsrack within a 150' radius of another newsrack which
distributes the same paper. If demand warrants, a double-wide newsrack
of no greater than 40" in width may be placed in a location.
8. On Page 10, Section 102.40(F), the publishers and distributors will have
to execute an indemnification agreement in the City's favor prior to
placing newsracks within the right-of-way in addition to providing
insurance. The indemnification agreement should protect the City from
liability in the event of an injury resulting from the placement of a
newsrack.
I distributed the ordinance to the publishers in June. The only substantive comments I
received were from the Palm Beach Post who requested the width of a double newsrack
be 40 inches, and that the effective date of the ordinance be 180 days after passage in
order to allow for the installation of the concrete pads for the modular newsracks. No
other comments were received.
At this time, Commission consideration on first reading is requested. Please call if you
have any questions.
DNT:smk
Attachment
cc: Susan A. Ruby, City Attorney
David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Richard Bauer, Code Enforcement Administrator
Diane Dominguez, Director of Planning & Zoning
news-5.dnt
[ITY OF nI LFi.¥
CITY ATTORNEY'S OF[ifil~FACSIMILE200 NXV Is[ 407/278-4755AVENUE' DELRAY BEACH, FLORIDA 33444
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America Cit~ MEMORANDIB{
'Ell[ DATE: July31, 1996
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attome~
SUBJECT: Memorandum of Understandine - Elimination of Newsrack Locations
The attached Memorandum of Understanding provides for the elimination of newracks 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 newspaper distributors and publishers have agreed to the elimination of these
locations, as long as the City Commission adopts Ordinance 27-96 as approved on first
reading. If Ordinance 27-96 is approved on second reading, the Commission should
consider the Memorandum of Understanding. Approval of the memorandum is
recommended.
Please call if you have any questions.
r.'r:smk ¢ I
Attachment
cc: David T. Harden, City Manager
Diane Dominguez, Director of Planning and Zoning
Susan A. Ruby, City Attorney
Lula Butler, Director of Community Improvement
Sharon Morgan, City Clerk's Office
newsrckl.dm
/o. ,~. I.
~ Prmtr,cl On fB,cy£1od PaDer
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 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.
2. This Agreement shall become effective upon the effective date of City of
Delray Beach Ordinance 27-96.
3. In the event the City of Delray Beach adopts a subsequent ordinance
revising Ordinance 27-96, this Agreement shall be null and void.
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:
1
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
NEWSRACK ORDINANCE
DATE: JULY 18, 1996
Ordinance No. 13-96 concerning the regulation of newsracks was presented to
the City Commission on March 5, 1996, for first reading. It passed 4-0 and
was scheduled for public hearing on March 19, 1996, with a workshop session
to be held 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. The ordinance was ultimately continued
to the date certain of July 23rd in hopes of developing an ordinance
acceptable to all parties.
The City Attorney's office has developed an alternate ordinance which is
outlined in Mr. Tolces' July 18th memorandum and recommended for your
consideration. It is numbered as Ordinance No. 27-96.
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. 27-96 should be considered on first
reading. If it is passed, a public hearing will be scheduled for August 6,
1996.
R~commend consideration of Ordin~nce No. 27-96 on first reading.
ref: agmemo8
[lTV JIF i]ELIII:IV BE#gH
CITY ATTORNEY'S OFFICE ~ ~"~ ~ ~'"~" ~'¥ ~'~"' ~.0~,, ~44
F/~CSiMI LF~ 4()7,'27S~4755
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
' lll U,yl ,1996
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Movable Fixture Ordinance
The attached ordinance is the latest edition of the proposed movable fLxture ordinance.
The primary revisions are as follows:
1. The movable fLxture ordinance will be located in Section 102.40 of the
Code of Ordinances as opposed to the LDR's. This will assist in the
consolidation of the City's code which will allow City employees to
review the ordinance without having to use both the LDR and code books.
2. Definition of "modular newsrack" on Page 3.
3. The addition of other locations where modular newsracks may be placed,
and as a result, individual newsracks will be prohibited. The additional
locations are the North Federal Highway Redevelopment Area, and the
West Atlantic Redevelopment Area. This revision is on Page 6.
3. The removal of the term "reasonable" before the word "graffiti" in
Section 102.40(D)(6) on Page 7.
4. The addition of item 102.40(D)(6)(h) which requires the publishers to
maintain the area surrounding the newsracks in a neat and orderly
condition. This addresses the issue of litter and trash around the
newsracks. The parties agree that the publishers should be responsible for
cleaning up around their newsracks.
5. On Page 8, Section I02.40(E)(1)(c) was deleted. Newsracks will be
allowed to be placed on sod or grass. The publishers feel very strongly
that if the City prohibits the placement of newsracks on sod or grass that a
City Commission
July 18, 1996
Page 2
substantial majority of their locations will be eliminated. This provision,
in the publishers' minds, effectively bans newsracks from the City.
6. On Page 9, Section 102.40(E)(8), the clear zone at an intersection is being
reduced to 25 feet from 40 feet. The parties briefly discussed the nature
of the 40 foot limitation. It was agreed that the 40 foot distance is not
needed, and that a 25 foot clear zone would adequately protect the City's
concerns with public safety.
7. On Page 11, Section 102.40(E)(9)(d) will prohibit a publisher from
locating a newsrack within a 150' radius of another newsrack which
distributes the same paper. If demand warrants, a double-wide newsrack
of no greater than 40" in width may be placed in a location.
8. On Page 10, Section 102.40(F), the publishers and distributors will have
to execute an indemnification agreement in the City's favor prior to
placing newsracks within the right-of-way in addition to providing
insurance. The indemnification agreement should protect the City from
liability in the event of an injury resulting from the placement of a
newsrack.
I distributed the ordinance to the publishers in June. The only substantive comments I
received were from the Palm Beach Post who requested the width of a double newsrack
be 40 inches, and that the effective date of the ordinance be 180 days after passage in
order to allow for the installation of the concrete pads for the modular newsracks. No
other comments were received.
At this time, Commission consideration on first reading is requested. Please call if you
have any questions.
DNT:srnk
Attachment
cc: Susan A. Ruby, City Attorney
David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Richard Bauer, Code Enforcement Administrator
Diane Dominguez, Director of Planning & Zoning
news-5.dnt
ORDINANCE NO. 27-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING SECTION 6.3.3,
"MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH; REPEALING SECTION 102.40, 'NEWSRACKS'
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH; ENACTING A NEW SECTION 102.40, "MOVABLE
FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE CODE OF
ORDINANCES 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 fights-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 f'mds 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:
~. 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 repealed in its entirety:
~. That Title 19, "General Regulations", Chapter 102, "Streets and Sidewalks", Section
102.40, "Newsracks', of the Code of Ordinances of the City of Delray Beach, is hereby repealed in its
entirety and a new Section 102.40, "Movable Fixtures Within the Right-of-Way" is hereby enacted to
read as follows:
Section 102.40 MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY:
(A) Purpose and Scope:
The l~urp_ ose of the following is to promote the public health, safety_ and welfare through
the regulation of placement. ~.pe. 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 in_cress 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) Pl:ovide reasonable access for the use and maintenance of poles, posts, traff~c 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-wa_v or which unreasonably detract from the aesthetics of
store window displays, ad_iacent landscaping and other improvements. Os well as to have
aban~loned 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 in_Jury or property, damage,
(8] Treat all newspapers equally regardless of their size. content, circulation. 0r
frequency of publication.
2 ORD NO. 27-96
(9~} Mitintain and preserve freedom of the press.
(10) Cooperate to the maximum with newspaper distributors.
(13) Definitions: For the purpose of this subsection the following definitions shall apPlY
llnless 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.
"Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for
bicycle traffic.
"Controlling Entity." The _~rson 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 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 cast 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. 2n~l Aven~l¢ from Atlantic
.Avenue north 1~o N.E. 4th Street.
"Intersecting Sidestreet." Any roadway or driveway on which traffic is reo_uired to stop
prior tO entering the intersection.
"Modular Newsrack.' A connected grouping of six or eight newsracks placed on a
pedestal which is installed or used for the display, sale. or distribution of newspaper or other
news periodicals or advertising circulars.
"Movable Fixture." Any newsrack, bench, or other non-attached fixture.
"New,rack." 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.
3 ORD NO. 27-96
"Paved Surfaces." Any hard maintained surface used or built for the purpose of
transporting vehicles, bicycles or pedestrians, including parking areas. Surfaces shall include, but
not be limited to. asphalt, concrete, paver block, tree grates and/or rocks.
"Public Agency." The Ci.ty of Delray Beach. Palm Beach Coun .ty. 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. roadwlty~, 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
(C) Certificate of Compliance Required:
The publisher or distributor of any newspaper or written periodical distrib~jted 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
a certificate of compliance in accordance with the provisions of this section no later than 14 days
after the placement or relocation of the newsrack.
(1) Reviewing and Enforcement authority_: The authority, responsible for
reviewing the certificates of compliance to verify_ compliance with the ordinance
provisions and enforcing the terms of this ordinance shall be the Code Enforcement
Administrator or his/her designee.
(2~ Certifications: The controlling entity_ 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 controlling entity_, who
is the owner and/or principal responsible for the newsrack(s).
(b) The name. address and telephone number of a responsible person
whom the City_ may notify_ or contact at any time concerning the controlling
entity's newsrack(s), including notifications for enforcement purposes.
4 ORD NO. 27-96
The proposed location of the newsrackts).
(d) Names of newspapers or periodicals to be contained in each newsrack.
(e) A certification that the newsrack(s) is (are) installed in conformaneg
with the provisions of this ordinance in their entirety,
(fl Executed indemnification agreement and insurance certificate in
compliance with Section 102.40(F).
More than one newsrack location may be included on a certificate of compliance.
(3) 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 comnliance shall be
deemed denied, and an order to correct the violation shall be issued pursuant to Section
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. Modular newsracks may exceed the size limitations,
(2) Newsracks shall carry_ no advertising except for the name of the publicatioll
being distributed, and a cardholder kept in a neat and untorn condition describing the
publication being distributed.
(3) Coin o_r~rated 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 ORD NO. 27-96
(5) Modular Newsracks.
(a) In the following locations, individual newsracks are not permitted.
Modular newsracks may only be placed on concrete pads which will be constructed
bY the Ci.ty in the following areas:
1. Within the Downtown Area. Modular newsracks may be placed
in the following loCations:
a,. East Atlantic Avenue east of the FEC Railroad Tracks
adjacent to the parking lot on the west side of S.E. 3rd Avenue.
b. On the east side of the buildine located at the southwest
corner of southbound Federal Highway and Atlantic/kvenue.
c. The Municipal Tennis Center. in close proximity, to the
clubhouse building.
d. In front of Ci.ty Hall on N.W. 1st Avenue,
e. At the Gleason Bath House at Atlantic Avenue and South
Ocean Boulevard.
f. Adjacent to the building located at 40 South Ocean
2. Within the North Federal Highway Redevelopment Area.
3. Within the West Atlantic Avenue Redevelopment Area.
4. A modular newsrack may be placed on the west side of South
Ocean Boulevard approximately 1.000 feet south of Linton Boulevard.
b. 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 nloss black bases, and forest ereen sides and doors. A color
sample is available in the Community_ Imnrovement Department. Any modular
newsrack follnd tO be in violation of the City_ ordinances is subject to the
enforcement provisions contained in Section 102.40 (lB.
6 ORD NO. 27-96
(6) The controlling entity, shall maintain each movable fixture in a neat and clean
condition, and in good repair at all times. Each movable fixture shall 1~¢ maintained so
that:
(a) It is free of graffiti:
Co) It is reasonably free of dirt and ~ease:
(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 discoloration.
(lq 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.
(h) The surrounding area upon which the newsracks is placed will also be
maintained in a neat and orderly condition.
(7) The use of a bench for advertising purposes is strictly prohibited.
(8) 3n_v newsrack being installed, placed, or maintained on a public right-of-way.
street or sidewalk or other public property_ shall be installed in a safe and secure manner
so as to prevent the newsrack 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
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 _m'ound..
(E) Prohibited Locations:
7 ORD NO. 27-96
(1) Landsea_ned Areas: Movable fixtures shall not be placed or installed or
erected on any landscaped area within an improved public right-of-way or public propert~
The landscaped areas include, but are not limited to. those areas in which the followin_v
ground cover materials placed:
(a) Decorative plants, or
C0! 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 utili_ty pole or structure. These areas are desi_t~nated as
follows:
(a) Drainage structures: Movable fixtures shall not be physically attached,
chained, or bolted to any drainage structure, inlet pipe. or other physical ob_iect
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
(33 Traffic Control Devices: Movable fixtures shall not be physically attached.
chained, bolted, or erected to obstruct the function of Waffle signals, traffic si_c~ns or
pavement markings. These areas shall be desi_c~aated as follows:
(a) Traffic signals.
(Il Movable fixtures shall not be physically attached, bolted, or
chained to a traffic signal pole.
(2! Movable fixtures shall not be placed in s~lch 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 si_c~ml
Co} Traffic si_c~ns. Movable f'lxtures shall not be physically attached.
bolted, or chained to a traffic sign or post used for the support of a traffic sign or
8 ORD NO. 27-96
(4) Paved Surfaces: No movable 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 fLxtures 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.
Co) 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 trian_tmlar area of property_ located at a comer formed by the intersection of
two or more public right-of-way, with two sides of the trian_eular area extending twenty.-
five (25') feet from their point of intersection along the edge of pavement, 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
9 ORD NO. 27-96
Typ_ ical Intersection
(not to scale~
(9~ Other Areas: Movable fixtures shall not be placed, installed, or erecte~l in
any of the areas defined in this section.
(a) The area within 50 feet of any railroad track.
Co3 On any city property_ unless the location has been specifically
desig~nated by the City_ Manager or any authorized representative.
(13 The City_ Manager or the duly authorized City_ representative
shall designate locations at Ci.ty facilities for the placement of movable
(23 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 Ci.ty
Clerk.
(3] Movable fixtures which are placed at Ci_ty facilities are subject to
ail provisions of Section 102.40. Improperly placed movable fixtures shall
l~e considered abandoned movable fixtures.
10 ORD NO. 27-96
(c] The area within the medians of a divided roadway,
(d) Newsracks may not be placed within a one hundred fifty foot (150')
radius of another newsrack containing the same newspaper, news periodical, or
advertising circular except where ser~arated by a street comer. Where warrante~l
by the quantity, of newspaper sales, the Code Enforcement Administrator may
allow a double newsrack not more than forty. (40") wide otherwise complying With
the requirements of Section 102.40(D].
(e) Newsrack locations may be ~igreed 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..
Insurance and Indemnification:
(1) Insurance. Every_ publisher or distributor who places or maintains a newsrack
on a public right-of-way or public property, 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 gsneral liability_ or
commercial general liability_ coverage on a form no more restrictive than the latest edition
of the Comprehensive General Liabili _[y Policy or Commercii~l C~neral 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 Injury Liability_ 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 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 an_v termination or lapse of
such insurance shall be a violation of this Section. sub_ieet 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 Chapter.
(2) Indemnification. Every_ publisher or distributor who places or maintains a
newsrack on a public right-of-way, public sidewalk, street, or swale in the City_. shall
execute and deliver a written agreement under which it agrees to indemnify_, hold harmless
and defend the Ci _ty. its officers, agents and employees from an_v loss. liability_, or damage
sustained by an_v _m~rson as a result of the installation, use and/or maintenance of a
newsrack within the City_. This shall not be construed to affect in any way the City's
rights, privileges, and immunities as set forth in Section 768.28. Florida Statutes.
11 ORD NO. 27-96
(G) Abandonment:
(1) In the event a newsrack remains emp.ty for a period of 30 continuous days. it
shall be deemed abandoned, and may be treated in the same manner as provided in 102.40
(H) below for movable fixtures in violation of the provisions of this subchapter.
(2) If the controlling entity, is not identified on the movable fixture, it will
considered abandoned and posted as such.
(3) If the newsrack is placed at a Ci.ty facility_ in a location not previously
approved, it will be considered abandoned and posted as such.
(I-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
102,40. and order to correct the violation shall be issued to the controlling entity_. If the
newsrack is considered abandoned, an order will not be issued.
(2) The order to correct the violation shall specifically describe the violation and
may ~uggest 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 entity's
expense for a period of 30 days. The movable fixture shall be released upon a proper
showing of ownership and pa_vrnent of removal, administrative, and storage charges. The
administrative charge is $55.00 and the storage charge is $2.00 per day. up to a maximum
of 30 days. In the event the movable fixture is not claimed within the 30 day ~riod. the
movable fixture may be sold at public auction and the t~roceeds 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 an order to correct the violation, the City_ may remove the movable
fixture immediately. The City. shall store the movable fixture for 30 days and if not
claimecl within that time. the entity may dispose Of the movable fixture in any manner it
12 ORD NO. 27-96
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_. Any publication may include
multiple listings of movable fixtures. The Ci.ty shall also 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 Ci_ty Manager or his designee is of the
opinion that such disposal will be more advantageous to the City_ than auctioning off the
movable fixture.
(6) In the event the controlling entity_ appeals the order to correct the offending
condition, as nrovided for in Subsection 102.40 CB below, then removal of the movable
fixture shall be stayed ~nding final disposition of the appeal, which final disposition shall
include any judicial review. The ci.ty shall reimburse the controlling enfi.ty 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 enti _ry.
(B Appeals: Any person or controlling entity_ aggrieved by any order, finding, or deter-
minatign, taken under the provisions of this ordinance. (hereinafter an appellant) may file an
appeal with the Code Enforcement Board for the Ci.ty 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. A hearing before
the Code Enforcement Board shall be scheduled 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 ~lace of the heating. The
Board shall give the appellant and any other interested party, a reasonable opportunity_ to be heard
in order to show cause why the f'Lxture 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 Cit-v 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.
13 ORD NO. 27-96
S~ion 3. 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.
Section 4. That all ordinances or parts of ordinances which conflict herewith be and the same is
hereby repealed.
S~ion 5. 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
First Reading
Second Reading
14 ORD NO. 27-96
Mayor Alperin stated that initially when the proposal
came before the City, everything was to be either grown or made
by local farmers. He asked for clarification about someone
buying products and then making a secondary product. Mr. Brown
stated that the County is promoting by-products of this County's
produce.
Paul Dorling, Principal Planner, stated that they did
not want to allow flea markets but they did want to allow Farmers
Markets with an emphasis on local agricultural produce.
Mr. Ellingsworth commented that the definition of
"Farmer's Market" should be better defined before the Commission
votes on this item.
Mayor Alperin stated that a more in-depth study needs
to be completed regarding this conditional use and feels the
definition is much to broad particularly with respect to "and
related products"
Mr. Egan asked for clarification about whether or not
this is a CRA project or a Joint Venture project. Chris Brown,
Executive Director of the CRA, stated this is a request from the
Downtown Joint Venture, not the CRA.
Mr. Randolph commented that he supports the Farmer's
Market; however, expressed concern over whether or not this would
water down the entire project so that there would be trouble
getting vendors into this area. He feels a vendor is not going
to waste time setting up only to be able to sell one or two
items.
Mr. Ellingsworth moved to deny Ordinance No. 28-96 on
FIRST Reading and FIRST Public Hearing, seconded by Mr. Egan.
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 to deny passed with a 5 to 0
vote.
10.B. ORDINANC~ 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. (Continued Hear£ng)
The 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
PLACEMENT, APPEARANCE, AND MAINTENANCE OF
-13- 07/23/96
NEWSRACKS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 13-96 is on file in the official
Ordinance Book)
Mr. Egan moved to deny Ordinance No. 13-96 on Second
and FINAL Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski
-Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion to deny passed with a 5 to 0 vote.
10.B.1. ORDINANCE NO. 27-96: Consideration on FIRST READING of
an ordinance amending the City Code by repealing Sec-
tion 102.40, "Newsracks", and enacting a new Section
102.40, "Movable Fixtures Within The Right-of-Way", to
provide for regulations on the placement, appearance
and maintenance of newsracks; and repealing LDR Section
6.3.3, "Movable Fixtures within the Right-of-Way". If
passed, public hearing August 6, 1996.
The City Manager presented Ordinance No. 27-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE
RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGU-
LATIONS OF THE CITY OF DELRAY BEACH; REPEAL-
ING SECTION 102.40, 'NEWSRACKS' OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH;
ENACTING A NEW SECTION 102.40, "MOVABLE
FIXTURES WITHIN THE RIGHT-OF-WAY" OF THE
CODE OF ORDINANCES OF THE CITY dF DELRAY
BEACH; TO PROVIDE FOR REGULATIONS ON THE
PLACEMENT, APPEARANCE, AND MAINTENANCE OF
NEWSRACKS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 27-96 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the
ordinance. A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open.
Gerald Defoe, President of PROD and representing Coun-
try Manors, expressed concern over the conditions and the loca-
tion of the newsracks. He asked if the City will be able to
control the location of the newsracks and are the appearances
-14- 07/23/96
going to be uniform? He urged the Commission to be aware of the
restrictions placed on outdoor advertising should the City decide
to chose this route.
Jerry Budney, attorney with Miami Herald, stated he
feels this has been compromise upon compromise. He requested
that there be an amendment to the definition of "Modular News-
rack" on page 3 of the Ordinance and that it be changed from six
or eight newsracks to four to nine modular racks. Some newsracks
hold nine modular racks because of the way they are structured
with respect to the non-paid publications. Although they will be
uniform color as set forth in the Ordinance, Mr. Budney suggested
that the definition be changed to accommodate for the non-paid
publications. Mr. Budney clarified that the modular racks are
supposed to be placed on concrete pads which will be installed by
the City, and the Miami Herald will pay for the racks and the
like. For clarification, Mr. Budney stated that the newsracks
are not being bolted down into the sidewalk but rather onto the
concrete pad that is being placed down for the newsracks.
Cathy Pelliqrino, representing the Sun-Sentinel, reit-
erated Mr. Budney's comments and feels there was a lot of compro-
mise with all parties involved.
William Pincus, attorney for the Palm Beach Post,
emphasized that he agrees with Mr. Budney's comments that there
should be an amendment to the effective date of Section
120.40(D) (5) which requires the newspapers to place their modular
newsracks on concrete pads constructed by the City. He suggested
that additional language be added to Section 5, page 14 of the
Ordinance to read: "That this ordinance shall become effective
one hundred eighty (180) days after its passage on second and
final reading except that the provisions of 120.40 (D) (5) requir-
ing placement of modular newsracks on City constructed concrete
pads shall not become effective until 14 days after the City
notifies the vendors in writing that the concrete pads are in
place."
Mayor Alperin closed the public hearing.
Mr. Egan complimented staff and the newspapers for
finally coming to a compromise.
Mr. Randolph asked for clarification on the modular
newsracks going from 4-9 newsracks. Mr. Pincus clarified that
the non-paid publications are smaller and therefore the box is
actually made with nine slots. It is Mr. Pincus' understanding
that modular for paid publications are made in either 4, 6, or 8
and the modular for non-paid publications are grouped in nine.
Mayor Alperin thanked the newspapers and complimented
them for coming to a compromise.
0?/23/96
Mr. Randolph moved to approve Ordinance No. 27-96 on
FIRST Reading with changes to the modular newsracks language to
range from 4-9 newsracks; and modifications to Section 5 of the
Ordinance as presented by the newspaper, seconded by Ms. Kise-
lewski. 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.
10.C. ORDINANCE NO. 25-96: An ordinance amending the Marina
Delray SAD (Special Activities District) by modifying the sched-
ule for completion of improvements. The subject property is
located at the southeast corner of George Bush Boulevard and Palm
Trail. 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.
The City Manager presented Ordinance No. 25-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 31-95 BY REPEALING SECTION 4.
IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.
TO MODIFY THE SCHEDULE FOR COMPLETION OF THE
IMPROVEMENTS ASSOCIATED WITH THE REESTABLISH-
MENT OF THE MARINA DELRAY SAD (SPECIAL ACTIV-
ITIES DISTRICT), LOCATED AT THE SOUTHEAST
CORNER OF GEORGE BUSH BOULEVARD AND PALM
TRAIL; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 25-96 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 City Attorney stated this item will be conducted as
a quasi-judicial proceeding which allows for presentations by all
involved parties, the admission of documents into the record and
public testimony.
The Deputy City Clerk swore in those individuals who
wished to give testimony on this item.
Paul Dorling, Principal Planner, entered into the
record the Planning and Zoning Department's project file #96-173
and #95-106.
On June 2, 1995 the City Commission granted rezoning
and attendant site plan approval to reestablish the SAD (Special
Activities District) for the Delray Marina subject to conditions
-16- 07/23/96
£1TV DF I]ELRRV BER£H
DELRAY BEACH
llI.Amrica Ci~
DATE: May 29, 1996
1993
TO: Ci~ Co~ission
FROM: David N. Tolces, Assis~nt City A~om~
S~JECT: Newsrack Ordimnce Revisio~
As an update on the discussions with the newspaper publishers and distributors, myself,
Lula Butler, and Diane Dominguez met with several publishers and distributors on May
22, 1996. Some additional modifications to the current ordinance were suggested. Due
to time constraints, and ongoing revisions, a final ordinance could not be prepared by
the June 4, 1996 meeting. As all parties are meeting in good faith, it is my suggestion to
continue the second reading of Ordinance 13-96 until July 23,1996. This will give the
City Attorney's Office ample time to prepare another ordinance containing all of the
provisions which the parties have discussed.
If this meets with your approval, a motion should be made to continue second reading of
Ordinance 13-96 until July 2 3,1996. Please call if you have any questions.
DNT:smk
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Lula Butler, Director of Community Improvement
Diane Dominguez, Director of Planning & Zoning
Newspaper Publishers and Distributors
news-3.dnt /' ~ . ~ ~
I0./
Pri~ted o,~ Ftecyc/~d Paper
respect to Section 2.4.5(E) (5) (Conditional Use Findings) of the
Land Development Regulations, that the truck traffic and intensi-
ty of the facility will have a detrimental effect on adjacent
properties, and that the use may hinder development and redevel-
opment of those properties, and failure to make positive findings
with respect to Future Land Use Element Objective A-1 of the
Comprehensive Plan, in that the use fails to fulfill a remaining
City land use need, seconded by Mr. Ellingsworth. 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.
Mayor Alperin declared a five minute recess.
At this point, the time being 8:45 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. 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.
The 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
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.
Mayor Alperin requested that this item be continued to
the City Commission regular meeting scheduled for July 23, 1996,
in view of ongoing discussions and negotiations with the newspa-
per publishers.
Mr. Ellingsworth moved to postpone Ordinance No. 13-96
to the meeting of July 23, 1996, seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms.
Kiselewski - Yes. Said motion passed with a 5 to 0 vote.
11. Comments and Inquiries on Non-Aqenda Items from the
Public-Immediately followinq Public Hearinqs.
-18- 6/04/96
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 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 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. 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
west 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 recommend that the hearing on this ordinance be continued until May 21,
with direction to the staff for further changes.
ref: agmemo8
pgss6v
CITY OF IIELRIIY BEACH
CITY ATTORNEY'S OFFICE ~oo ~,~ ~ ^v~,,~. ~.~¥ .~^~., ~.~ ..~
FACSIMILE 407/278-4755
Writer's Dkect L~: (~) ~3-7~
DELRAY BEACH
'IIII March 14, 1996
1993
TO: Ci~ Co~ission
FROM: David N. Tolces, Assismt Ci~ A~om~
SUBJECT: Newsrack Ordinance
Based on the City Commission's direction at the March 12, 1996 workshop meeting,
second reading of this ordinance should either be continued to a date certain or the
Commission should vote on the ordinance in its current form.
Please call if you have any questions.
DNT/jk
cc: David Harden, City Manager
Alison Harty, City Clerk
Mayor Lynch: "I think we are totally in favor of it, aD~ I
think you have to use that approach, that it is strictly because
of our coastal, redevelo~ent-type city ... where Boynton, Lake
Worth, West Palm Beach have the same problem and would be in the
same predicament."
Mr. Brown: "And you may elect to create the traffic impact fee
ordinance just for the area east of 1-95, and leave the balance
in the County. These are things that would have to be looked at
if you want us to begin exploring it."
It was the unanLmous consensus of the Commission to have the
Parking Management Team look at the feasibility of putting
together a local traffic impact fee ordinance.
In further discussion, Mr. Armand Mouw, member of the Parking
Management Team, suggested that the Commission might want to
reconsider the role of the PMT as the concepts discussed grow
and develop, with an eye toward granting the PMT greater
authority to do things without the blessings of the Commission.
The City Manager cautioned against spinning off the Parking
Management Team into an autonomous group; the tremendous
advantage a City has is that it can coordinate everything and
focus efforts on common goals and objectives.
In conclusion, Mayor Lynch suggested that the Parking Management
Team return to the Commission in approximately four months for
an update on the items discussed.
(2) Discussion concerning the proposed newsrack ordinance.
Ms. Chris Simon, attorney representing the Palm Beach Post,
reported that a large group of representatives from various
newspapers had met to discuss the concerns expressed by the City
Commission at the March 5th meeting. As a result, several
proposals were developed for the Commission's consideration, as
follows:
(!) The elimination of specific locations which have been
habitually identified as problem locations. They are: Hc~ewood
Boulevard and 10th Street, Barwick Road and Lake Ida Road,
Pineapple Grove Way at the Post Office, and Denny's on Federal
Highway. There are two other problem locations which the
newspapers suggest be addressed as part of phase two of this
proposal.
- 4 - 3/12/96 Workshop
(2) In addition to specific locations, the group looked at what
seems to be the City's goal in terms of redevelolmment of the
downtown area. Recognizing th/s, the proposal is to use modular
units which can accommodate six newspapers and could handle the
daily newspapers. 5his would enable the City to have a uniform
model and colors in the downtown, as w~ll as restrictions on
lettering. For the publications that are distributed free of
charge, Tom Trento is developing another type of modular unit
which can accommodate nine of these publications. This could
probably be modified to accommodate more or less depending on
the location. Hence, the group's proposal is for the use of
modular newsracks within a designated perimeter area identified
for the downtown. The group would also be amenable to using the
m~dular unit at two other locations which have been viewed as
problematic, those being Boston's restaurant on A1A and at the
front of City Hall. Ms. Simon suggested a cc~promise where
perhaps the newspapers could purchase the units and the City
could pay for installation and assume maintenance.
(3) The final part of the proposal had to do with the newsrack
location on A1A, south of Linton Boulevard, which is on private
property. Ms. Simon indicated the group would be willing to
work with the private property owner in an effort to put the
modular units at that location.
Ms. Simon closed by stating she feels the proposal is consistent
with the City's goals concerning newsracks. Within the downtown
perimeter and the specific other locations, restrictions on the
model, colors and lettering would be imposed. She asked that
the newspapers be permitted to use their standard racks, colors
and lettering throughout the remainder of the city. Issues
related to appearance and aesthetics as far as these racks go
would be addressed through stringent enforcement measures to be
incorporated into the ordinance.
Discussion followed.
Mr. Ellingsworth commented he was very pleased with the modular
units. He would favor the newspapers paying for them and their
installation, and possibly have the City maintain. He did have
concerns about the areas outside of downtown, and cited an
example out on Germantown Road where there are seven boxes, one
of which was completely knocked over, the grass is torn up, and
four of the boxes don't appear to have been used in some time.
Mr. Ellingsworth felt there should be a paved area for cars to
pull off the road.
- 5 - 3/12/96 Workshop
Mr. Randolph felt the proposal was a good start and he, too,
liked the modular units for downtown. He urged the further
development of plans to address aesthetics and suggested that
staff review the ideas presented this evening for possible
incorporation into the ordinance. He felt that Code Enforcement
would probably be the most logical entity to oversee newsrack
maintenance and compliance.
It was also suggested that the City provide trash receptacles at
newsrack locations in an effort to help keep them clean.
Dr. Alperin stated his preference would be that the City would
not have to do any regulation because ideally there wouldn't be
a need for it. However, he was pleased at the proposals
presented this evening and felt that the newspapers were finally
indicating a willingness to compromise and negotiate the issues.
He felt the proposals for specific locations were great, but
also commented there are other issues such as over~_nce of
locations and details on appearance which still need to be
addressed. He would like to hear some proposals on how the
sodded areas can be protected or if there are alternate
locations which would be more acceptable and still meet public
demand. Outside of the proposals for the downtown and specific
locations, how can the newsracks be made more appealing without
the controls on color and lettering. Dr. Alperin suggested to
the newspapers that they come up with some ideas on how to
address these issues if they do not want the Commission to do
it. To this end, he stated he would be willing to postpone the
vote on second reading of the ordinance for this purpose.
Mayor Lynch asked about the screening used at Boca Del Mar? He
feels this is an example of what is effective as well as
attractive. Overall, he felt progress was being made. He
concurred with the proposal for the use of modular units
downtown and suggested the possibility of having a fee of $! .00
a box or something which the City could use for a maintenance
program. As far as the areas outside of the downtown, the Mayor
commented he would not have a problem with the newspapers using
their own boxes provided they are attractively screened. As for
locations, he felt that the newspapers know which are the most
used locations and then work with the City to insure these
locations remain, but are maintained.
By consensus, the direction of the Commission was to have the
City' s legal representative, in conjunction with other
appropriate City staff, continue to meet with the newspaper
representatives in an effort to work out an acceptable
compromise. Further, the ordinance as written will not be
passed on second reading scheduled for March 19th. It will
either be postponed or voted down, with the understanding that
it will be resurrected if nothing constructive happens.
- 6 - 3/12/96 Workshop
£1TY DF DELRAY BE#£H
~rite~'s Direct Cb]e: (44:)?) :243-?090
DELRAY BEACH
Ali.America CitY MEMORANDUM
-: Marchl 1996
,
~ 993 TO: City Commission
FROM: David N. Tolces, Assistant City Attorn~~'-
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.
After discussing the matter with the City staff, it was agreed that commission should
decide what type of newsrack should be required in the City. The two newsrack
companies are K-Jack and Sho-Rack. Pictures of the different types of newsracks
considered are attached. The ordinance currently has both model lists in Section
6.3.3.(E)(2). It is the Commission's decision as to what brand and style of Newsrack
will be most attractive within the City.
City staff is also recommending that each newsrack's exterior have a "forest green" type
color. The rectangular base will be black, and the Cabinet will be a "forest green" or
similar dark green. City staff feel that this color will best blend with the surrounding
landscape in most areas. Newsracks will no longer have cardboard advertising on the
front of the newsrack, and the lettering will not be larger than 2 1/2 inches. (See
Section 6.3.3.(E)(3) and (4)).
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.
Printo~ on R~C79~c5 P~?~r
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 remove 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/jlk
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
newsmem.d~
FEB-21-95 WE'D 10'49 AM MHPC WPB BUREAU FAX NO. 4078483319 P. 2
Popular SHO.RACK
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SHO-RACK's most i~puJar newspaper rackf This heavy-
duty newspaper ra~k is practical, durable and offers
cua~mer convenience with y~am of ~'~uble-h'ae, reliable
eervloe. Usaa the dependable TK-MECH "Tmailzer",
?K-ELE~'TRONIC MECH and K-MECH Coin Mechaniams.
S',~lnless Steel hardware, elevator ahelf and cement base
Tray, 5 foot Security Cable er Chain are ~andard.
TKoEle~ronic® 80 with
optlonaJ Slik Screen
Impmsslons. . .!.
:~':~: i.'"'
TK-80 Style with optional
Silk Screen Impressions,
Special Padlock Guard,
From Doer L~ck ,,nd
2.piece Housing.
02/21/96 WED 09:58 [TX/RX NO 64851
ENGINEERING COMPANY, INC.
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KJ'860TM KJ.960TM
' ~u~FJS) MAY BE SHOWN WITH ACCESSORY EQUIPMENT.
ENGINEERING COMPANY, INC.
ECIALTY & FREE DISTRIBUTION NEWSRACKS
KJ-840~, KJ-950D=
OVER&UNDER DOUBLE-WIDE
I 29' INCHES co3' INCHES
I I
KJ-100MF~
FREE DISTRIBUTION
:~] UP TO 26' INCHES
~,.--~1 ~. ',"~ FREE DISTRIBUTION
EXTENDED
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KJ-400E~ KJ-240F~
i pAGE CAPACITY IIr PAGE CAPACITY
rP T° 30''NCHES !
~--~ABOVE PICTURED VENDING MACHINE(S) MAY BE SHOWN WITH ACCESSORY EQUIPMENT.
FEB-21-96 WED 10'44 AM MHPC WPB BUREAU FAX NO. 4078483319 P. 3
So Honor with optlonnl
Slik Screen Impreaalong,
QUiCk Change Key~ DallylSund~y ~o=ko~ ........... S ....
Hing~ 12-Gau~e ~mored Houmng .................. S . s
~ Grip M~tarial ................................. 8 S
El~or 8half ..................................... S ..... S
.OBO V~d~ Gu~d D~r PlGstic ..................... S ..... 8
11' x 17' ~Li~ C~dhelder ......................... 8 ..... S
Plastic P~er Holder ............................... S ..... S
Cement B~ Tray, 5' Se=ur~ Cable or 5' ChEla ...... S .....
Ch~n Holes In Seek ............................... S ..... S
Stainless STeel Hareware ........................... S .....
Front D~r Lock .................................. O ....
Impressions CSlIK 9=r~n Copy} ...................... 0 .... 0
R~v~ ~nd~ ~2~· x g') ....................... 0 0
Tw~Ple=e Super HeaW-Du~ ~mored Housing ........ 0 .... 0
Triple Quick Change Key~ L~ko~ DallylSunday~hitd
Day P~ing ..................................... 0 .., NA
P~ ~d Slug ReJ~or ............................ 0 NA
Guard D~ Plastic, Pl~fig P~ar Hold~, No
C~dholder) ...................................... 0
.Og3 V~d~ Gu~d D~r Pl~tlc ..................... 0 ....
Sheet Me~ Inee~ ................................. 0 .... 0
Side ~n~o~ (10~' x 13~") ....................... 0 .... 0
Ba~ ~nd~ (13~" x 16~') ...................... 0 .... 0
LMIIng Braeke~ ~d ~r~s ....................... 0 .... 0
~mmed L~k BoK (K~ ~re) ...................... 0 .... 0
H~or R~k (c~holder .t~dard), Pole Mount or K-~
~erle8 ArtiCle ................................. 0 .... 0
Fm~ Display Window .............................. 0 .... 0
~Den~es ~tanda~ Fe~ures ~Donmes O~onal Fe~tur~
~-80 S~Io with optional gO ~e S~l~ Shaping Weight
Height ................ 48~" ~ Tru~kl~ .... 101~ Ib~.
~ilk Semen Impr~slons. Wl~h ................. 19~' im than truckload l~S~ lbs.
Fm~ Door ~k and Fro~ to hek .......... ~s~' TK-K (w~Ei~r
Canadian ~e ~dlock C~r. P~er C~scl~ ~uckl~ ......... 103~ lbs.
w/Ele~t~ cheil... ~ S~ek le~ than t~ckload 108~ lbs.
w/R~ular shelf ... 28' Stack K~O (wl~m~ed
I~~ A~,~ truckload .......... 93~ lbs.
~ ~d K-~ Sodas le~ than truckload ·
Sld~ ..... 15' wide x 30' high K~O (wl~mored ~ou~ng and
Back ..... 18' wide x ~' high elevat~
BeI~ toll length d~r truckload .......... 9G~ lbs.
14" wide x 4' high Ieee than truckled .
15~ ~de x 14' high
Fro~ ..... 14' wida x 1~' high
FEB:21-S6 WED 10:48 MHPC WPB BUREAU FAX NO. 4078483319 P. 8
Qui-k Change Keyed Deily/Sund.y Lockout ..... S ........... O
Front Accem~ Panel .......................... $ ........... 9
Zinc Grip MalmiaJ ........................... S ........... S
TK. Curbelde .080 Vandal Guard Door Pla.rio ............... S ........... $
with optional Plutlo Paper Holder ......................... 8 ........... S
8ilk Screen Cylinder Lock on Front panel .................. S ........... 8
Impressions, Tubular Reinforced Door ...................... $ ........... S
Slanted Hydraulic Door Cylinder WIHelper Spring ....... S ........... S
Mjumble Stainless Steel Hardware ..................... S ........... S
Pedas~i and Front Door Lock ............................ 0 ........... 0
Front Deer ImpreMIona (Slik Screen Copy) ................ 0 ........... 0
Lock. Triple Quick Change Keyed Lockout
Daily/Sunday/Third D.y Prising .............. O .......... NA
I~ ~lld 81u~' Fleleetor ...................... O .......... NA
CURB SIDE® ............... o ........... o
· Cement Base Weight ........................ 0 ........... 0
Upright Stationary Pedestal ................... $ ........... 8
CURB-SIDE places your Slanted Stationery Pedestal ................... 0 ........... O
newspaper tack within easy Stantmd AdJustebto Pecleet~i .................. O ........... O
reach for motorists. Hydraulic Upright AdJustibla PedMtal ................... 0 ........... 0 ~
door cylinder hold8 door open S-Denote. Standard Features O-~enoto- Optional Features
f~r customer, then closes
autom&ticaJly! ~ SpodfloeffioJu Shlppfn~ WoIgM 11[ K
Height ................ 171/i' Rack Only ........ 54Va IbL 44, JbL
WlStatlone.'y Pedeotil... 48~' Wl~gt~tlonary PedeetNa
WlAdjcmtable Pedestal Upright ......... IODV~ lbo. go lbs.
(F;ve ~etfinga at 1' Slanted ........ 103 lbs. O2Y~ lbo.
". 'interNs) ...... 41~`. -47SA· WlAdjusmble
Width -- Reck ......... 24V~' Pec~eatzl ....... 110 Ib~. gel6 IbL
Pedeetal8 ............ 23~'
Front to Back Impmsdon &rom
Reck ............... 173/~e' Sides ............. 14' wide s la, high
Pecle~tal ............. 20~' Back ........... 16Y~`. wide x 23' high
PKuer Capacity ..... 17' al~k
Door Closing Time. 10 se~ande
II(O. PACK BO0 kdee ~muma TKBO0
Quick Change Keyed D~ilylSunday Lookout ............. S ..... O
Ztno Grip Mamrlel ................................... S ....
Elmmmr Shelf ...................................... · ....
.080 Vandal Guard Door Plastic ....................... S ....
11- ,~ 17' 4..Lip C~'dholder ........................... S ....
Armored Attachment far Flegulaz Lock .................. $ .... $
Plastic P&per Holder ................................. 8 ....
~ &";: ' .'""~" Leveling gracketz and Scraw~ ........................ S ....
· Cylinder Lock Mech Door ............................. S ....
· ~'. Racing Strips ....................................... S ....
d JO Front Door I,m=k .................................... 8 .... 0
SHO RACK® Stlinless Steel Hsrdwem ............................. S .... 8
m Impresslone (8Ilk Screen) ............................ O .... O
Triple Quick Change Keyed Lockout
500 Series o., Pr, ,.0 ..................... o .....
N*
Pose and 8lug R.Je~tor .............................. 0 ..... NA
With a pleasing curved cleeign Armored Attachment for (3-- Meter I=~=k ............... 0 ...... 0
and a full width handle on the .o93 Vandal Guard Door Plastic ....................... 0 ...... 0
paper compartment, tho Soo Sheet MelaJ Insert .................................. 0 ..... : 0
Tabloid Tubular D~or ................................ 0 ...... 0
~erioa offem you a choice of TK Vinyl Woadgraln .................................... 0 ...... 0
or K Mechanisms. Paper rom- S-Denotes S~fldard Features O.Oenolee Optional Feature~
· ~ pertment extends Into the bese
~";' of the newspaper mcR, soo So,Joe S~odflemtlons SMg~ Weight TIt
' . Height ............... ~.81Ai`. 600 ................ e4 Ipe. 88 lbs,
'" '"~ '"'" ' :: Wldlh ................. lg'/4' SOO (w/elevator shelf). 101 lb-,. 93 lbs.
· -:' ..; 'T'l~-~O with optional Front to Ba~k .......... 16V4' ~ (wlelevstor ~elt & illk
' .' ".':i' .' ::~. '~ Dec4f Application. Paper C~p84=lty ..... 25' atsl=k tabloid dear) ......... 103 lbo, B4 lbs.
·., ..;..'., :/. ,....: ·;
Imll, eedM~ ~el . I
With Stripe . wltttoux IB~qm I
Abeve seem 13" wide x lB" loll AbOve ,.em'n 16' wide z 19' Io~
Below seam 13' wide x 10' tall Below seam 15' wide x 10' Io~;
Full Length Sides ............. Cop,/ C&fl be 37' tall I
Front of Ptack ................... ~3" w~d~ · 8' ~,lL |
Ba~k of Rack .................. 13' wide x ~' fall
these roadway improvements, then the City will have to pay. Upon
question regarding the potential cost for this particular im-
provement, Mr. Walker estimated that it would be approximately
$100,000.00 to complete the roadway improvements to S.W. 10th
Avenue which is two thirds completed.
Discussion ensued. There was a consensus that should
this project add increased traffic impact to the roadways, then
the developer would pay the additional fees as needed. If there
is additional cost to the City, then the developer would be
responsible for the impact fees and Mr. Ciklin agreed.
Dr. Alperin suggested that the developer consider
contributing 5 acres of the parcel to the School Board for an
Early Learning Center in exchange for keeping the same number of
apartment units. This would be extremely beneficial to the City
and would also make this property more valuable.
Mr. Ellingsworth moved to adopt Ordinance No. 11-96 on
Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call
the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin
- Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
Comments and Inquiries on Non-Aqenda Items from the
Public-Immediately following Public Hearings.
11.A. City Manaqer's response to prior public comments and
inquiries.
In response to Mrs. Feldman's request regarding street
lighting on Homewood Boulevard from Linton Boulevard north to
Atlantic Avenue, the City Manager reported that staff is still
checking on the situation and that there may be a need to in-
crease the lumens of the lights.
Regarding a prior inquiry relative to the condition of
the center median islands on Lindell Boulevard, between Federal
Highway and Tropic Palms, the City Manager stated that he did not
see any evidence of people intentionally driving on the medians
and felt that cars drive onto the median islands to avoid stand-
ing water in the roadway. The City Manager recommended that
additional curbing should not be installed until the streets are
reworked and the drainage problem is resolved.
11.B. From the Public.
There were no inquiries or comments from the public at
the last meeting.
12. FIRST READINGS:
12.A. ORDINANCE NO. 13-96: An ordinance amending LDR Section
6.3.3, "Movable Fixtures within the Right-of-way", to provide for
-13- 3/05/96
regulations on the placement, appearance and maintenance of
newsracks. If passed, public hearing on March 19, 1996.
The 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
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.
(Copy of Ordinance No. 13-96 is on file in the official
Ordinance Book)
Jerry Budney, Attorney representing The Miami Herald
Newspaper, expressed concern of a provision in the ordinance that
prohibits newsracks from being placed on sod and the provision
that newsracks cannot be placed on the sidewalk unless there is
clearance of 40 inches for pedestrians to pass. He pointed out
that unless the sidewalk is 5 feet wide, there is no room for the
newsracks display and that presents a problem. Mr. Budney made
reference to other municipalities who have passed newsrack ordi-
nances and suggested that the City consider installing a con-
crete slab similar to those which were installed at Boca De Mar.
Joe Kamarata, representing the Tropic Palms Homeowners
Association, felt that the City should not pay for the costs of
concrete slabs, wood structures or the like. He also felt the
newspapers should pay the costs to display their own products and
the responsibility should not rest upon the taxpayers.
Gary Strand, Palm Beach Post, stated that approximately
nine months ago the Palm Beach Post initiated a rack replacement
program in Delray. The replacement of galvanized racks will cost
the publisher approximately $67,000.00 in this city alone. Mr.
Strand noted that rack sales are extremely important, especially
for senior citizens who live on fixed incomes. The newsracks
also will allow individuals the opportunity to select other
publications. If a newsrack is removed from a residential area
the residents will drive to the nearest store in order to pur-
chase a newspaper. Mr. Strand pointed out that the papers try to
be good citizens and are not out to do business at the expense of
a community.
Chris Simon, Palm Beach Post, addressed several issues
of the proposed ordinance. The issue of uniformity is a tremen-
dous concern to all the newspapers. She noted that several
cities in the County had started out with the intention of uni-
-14- 3/05/96
formity; however, they dismissed this idea. Of particular con-
cern for her newspaper is that all racks remain in top condition.
The proposed uniformity requirement would require the Palm Beach
Post to remove all the racks after already spending additional
money above the $67,000.00 which was spent for the rack replace-
ment program in order to be in compliance. Secondly, in the event
of the issuance of a hurricane warning, the newsrack has to be
removed. Ms. Simon explained that the newspapers have experi-
enced every type of situation and have implemented procedures
that are completely effective during severe storm conditions. In
some cases, the racks have to be removed; however, it is not
always necessary. Sometimes the newspapers use "earth anchors"
which are metal stakes about 3 feet long with a loop which is
driven into the ground and a rack is secured to that stake with a
chain. However, in the event of a hurricane of a category 5 or 6
magnitude, the racks definitely have to be removed. Sometimes
the racks are laid sideways on the ground and chained together
and this was proven to be successful. The newspapers are not in
the business of losing money on their newsracks and they want
their racks to be preserved and in the very best of condition.
Lastly, Ms. Simon objected to provision Item (10) regarding the
placement of racks in single family residences as several commu-
nities do not have sidewalks.
Kathy Pellelrino, representing the Sun Sentinel, noted
similar concerns as those voiced previously and acknowledged that
the Sun Sentinel is very much aware that some newsracks need to
be improved. The Sun Sentinel is concerned of color requirement
and that their color (yellow) is very important in communicating
to an individual that he can purchase this newspaper at a partic-
ular location. In addition, the requirement for customized racks
makes it more difficult for replacement. The provision which
requires the name of the newspaper to be centered 15" from the
top of the cabinet would place the newspaper's name within the
plastic area of a majority of racks. Also, the newspaper is
concerned regarding the hurricane provision as they also have had
success in laying the cabinets on the ground and chaining them
together. The Sun Sentinel has invested between $75,000.00 to
$100,000 for 150 racks in the City and are concerned of potential
losses. The rack placement provision is also a concern as it
would greatly limit the number of racks within the City.
Tom Trento, President of the Bass Creek Homeowners
Association and representing New Homes Publishing, Show and Tell
Publications and Auto Trader stated that the newspapers wish to
protect the aesthetics of the racks. His major concern was that
of uniformity and concurred with comments expressed previously as
these concerns were also unacceptable to the publications he
represents. Mr. Trento urged the Commission to consider the
publishers' First Amendment Rights.
Dr. Alperin stated that he was amazed over the number
of newsracks in the City and suggested that the amount be limited
via permits, bonding, or limit per square mile. In regard to the
-15- 3/05/96
provision of 40 inches cleared area on a sidewalk, Dr. Alperin
emphasized that sidewalks are for pedestrian use and suggested
that the provision be changed to 60 inches so that two people can
walk side-by-side on the sidewalk. He preferred not to look at
the different colors on the cabinets and felt that an individual
who wished to purchase a newspaper only has to read the name to
make his selection. Dr. Alperin felt that a timeframe of 180 days
for the ordinance to become effective was too long and felt that
30 or 60 days would be more reasonable. He stated that he would
be willing to consider a specific number of racks at certain
locations in the City providing there is a permit fee to cover
the City's costs for installation and maintenance. In conclu-
sion, Dr. Alperin felt that the ordinance is extremely liberal
but would be willing to approve the ordinance on First Reading.
David Tolces, Assistant City Attorney, noted that the
newspapers would need a sufficient amount of time in order to
come into compliance. The ordinance which the City of Coral
Gables adopted requires a fee and bond requirements which pro-
vides monies to repair sidewalks after a newsrack has been re-
moved. From an administrative viewpoint, Mr. Tolces felt this
would only add to the cost.
Mr. Ellingsworth agreed with the newspapers' concerns
regarding the hurricane provision and the racks are not going to
move once they have been secured (laid down and chained). He
suggested that other methods be considered rather then removal.
He preferred uniformity as they would look better aesthetically
and that the City should rent the space out to pay for mainte-
nance and installation costs
Mr. Randolph suggested that newsracks located in grassy
areas have sod damaged as a result of mid-size trucks filling up
the racks. In regard to the hurricane provision, Mr. Randolph
agreed other methods can be accomplished to secure the cabinets
rather than removal. He realized that the newspapers have to
make a profit; however, everyone has to be cognizant that one of
the objectives of the ordinance is that of a nice appearance
throughout the City.
Mayor Lynch felt that the newspapers have been unfair.
Since 1993, the City had tried to negotiate with the newspaper
publishers; however, they were not receptive and had voiced their
First Amendment Rights. Me felt that the ordinance adopted by
Boca Del Mar makes the most sense by having the racks closed in,
either by lattice or shrubbery. Me suggested that the newspapers
should pay the initial costs, including an annual replacement
fee.
Mayor Lynch emphasized that the newspapers have sat on
this for three years and now is the time to work out an accept-
able solution. Me suggested that the ordinance be passed at
First Reading; discuss the issues at the Workshop Meeting on
March 12, 1996; the necessary amendments can then be made to the
-16- 3/05/96
ordinance. He stated that he would like to vote on the final
passage.
Dr. Alperin moved to approve Ordinance No. 13-96 on
FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion
passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 14-96: An ordinance amending Chapter
100, "Nuisances", of the City Code by enacting a new Section
100.09, "Lands To Be Kept Free Of Palm Trees Infected With Lethal
Yellowing". Recommend adoption as an emergency ordinance.
The City Manager presented Ordinance No. 14-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 100, "NUISANCES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
ENACTING A NEW SECTION 100.09, "LANDS TO BE
KEPT FREE OF PALM TREES INFECTED WITH LETHAL
YELLOWING"; TO PROVIDE FOR THE DECLARATION OF
NUISANCE; AUTHORIZING INSPECTIONS AND REMOVAL
OF INFECTED PALM TREES; NOTICE PROCEDURES;
LIEN PROVISIONS, AND PENALTIES; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 14-96 is on file in the official
Ordinance Book)
Mayor Lynch opened the floor for public comments.
Joe Kamarata, Tropic Palms Subdivision, inquired if it
all diseased trees have to be removed whether they were located
in the rear or front yards? He stated that he has lost several
trees and there is a possibility that his neighbor's trees might
be infected.
Nancy Davila, City Horticulturist, responded that all
diseased trees within the City have to be removed since the
disease is highly contagious and is spread by insects which are
plant leaf hoppers (Mendus Crudus). The trees have an 80% resis-
tance and that the majority of existing trees were those which
were planted to replace the diseased palms back in the late
1980's and early 1990's. In regard to the process, Ms. Davila
pointed out that it takes approximately six months for a diseased
tree to die; however, the insects continue to feed off the green
leaves while the tree is going through this process.
Upon question by Mr. Ellingsworth as to the type of
trees which are susceptible to lethal yellowing, Ms. Davila
stated that fortunately the Sable, Queen and Royal Palms are not
-17- 3/05/96
[:lTV OF DELRRV BEFI[H
CITY ATTORNEY'S OFFICE ~,~:~,~.,.~~'~' '~ ~ ~,,.~-.~~'~:'~' ~^~ ,~^~. ~,~o~^ ~4~
Writer's Direct Line: (407) 243-7090
DFLRAY BEACH
Ali.America City MEMORANDUM
March 1, 1996
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Proposed Newsrack Ordinance
As additional backup to the proposed newsrack ordinance I attach for your review two
ordinances. One is the City of Hollywood's "newsrack" ordinance which was adopted
on September 20, 1995. The City of Hollywood's ordinance contains some provisions
which are similar to the proposed Delray Beach ordinance.
The City of Coral Spring's proposed "newsrack" ordinance was not adopted by the
Coral Springs City Commission. The Coral Springs City Commission elected to have
two workshops in February regarding the ordinance. At this time I am uncertain as to
the outcome of these workshop meetings. Hopefully by Tuesday night I will be able to
give you some further information.
Please call if you have any questions.
DNT/jlk
Attachment
cc: David Harden, City Manager
new01 .dnt
/ ..~ . ,4
Printed on Recycled Paper
ORDINANCE NO. 95-065
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF CORAL SPRINGS, FLORIDA DELETING IN ITS
ENTIRETY, SECTION 16-14 OF THE CODE OF
ORDINANCES OF THE CITY OF COl~tL SPRINGS,
FLORIDA ENTITLED NEWSRACK REGULATIONS~
CREATING CHAPTER 15 OF THE CODE OF ORDINAIqCES
OF THE CITY OF CORAL SPRINGS, FLORIDA ENTITLED
NEWS~ACKS; PROVIDING FOR SEVERABILITY~
PROVIDING FOR INCLUSION~ PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, substantial growth in numbers 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
Page i of 13
0.95-065
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 Coral Springs;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CORAL SPRINGS, FLORIDA:
Section 1: Chapter 15, "NEWSRACKS," is hereby created in the
City of Coral Springs Code of Ordinances, as follows:
Sec. 15-1. Purpose and Scope.
The purpose of the following is to promote the public health,
safety and welfare through the regulation of placement, type,
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 e×itinq 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 qrass right-of-way areas.
Page 2 of 13
0.95-065
(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.
Sec. 15-2. Definitions.
For the purpose of this section, the words below shall have
the following meanings:
(1) Newsracks shall mean any type of unmanned device for the
vending or free distribution of newspapers or news
periodicals.
(2) Equivalent newsrack means any newsrack which is of the
same size, dimensions and style of the specified
newsrack.
(3) If demand warrants or warranted demand means that the
measured newspaper stack height needed to meet the
newspaper publisher's or distributor's peak annual
distribution at the requested newsrack location, as
proven by the newspaper publisher or distributor, exceeds
fourteen (14) inches.
(4) Pathway shall mean any surface provided for the use of
pedestrians and bicycle riders.
(5) Parkway shall mean any area within a right-of-way which
is not a pathway or roadway.
(6) Public property shall mean parks, squares and any and all
other real property owned by the city.
(7) Recovery area shall mean that space as determined by
Department of Transportation specifications which is
measured from the edge of the roadway outward and which
is required to be clear of fixed objects.
(8) Right-of-way shall mean all that area which is dedicated
to use by the public for pedestrian and vehicular travel,
and includes, but is not limited to roadways, parkways
and pathways.
Page 3 of 13
0.95-065
(9) Roadway shall mean that portion of a street improved,
designed or ordinarily used for vehicular travel,
including a median.
(10) visibility triangle shall mean all that area required to
provide clear visibility at the intersections of public
and private streets and which is more particularly
described in the City of Coral Springs Traffic
Engineering Standards, prepared by Kimley-Horn and
Associates, Inc.
Sec. 15-3. Certificate of compliance required.
No person shall place, affix, erect, construct or maintain a
newsrack without first obtaining a one-time only certificate of
compliance for each newsrack in accordance with the provisions of
this section.
Sec. 15-4. General placement of newsracks.
(1) Notification to City. The publisher or distributor of
any newspaper or written periodical distributed from any newsrack
location within a city right-of-way shall notify the City Manager
or his/her designee, in writing, of the location or change of
location of any such newsrack prior to its placement or relocation.
Such notice shall include: the name, address and telephone number
where the person responsible for the newsrack may be reached and
the location, specifying the street address or closest streets and
a description of the placement of the newsrack.
Sec. 15-5. Installation and maintenance.
(1) Newsracks shall be single pedestal TK-80PM or K-80PM
SHORACK with special pedestal mount and fourteen (14)
inch square base plate (mandated) or TK-80 or K-80
SHORACK with special pedestal and fourteen (14) inch
square base plate (allowed only if demand warrants at the
installation location) 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.
(2) Newsracks shall have gloss brown pedestals, gloss beige
sides and door and gloss brown coin box. The height of
the cabinet top of all newsracks shall be thirty-nine
(39) inches above the finished grade level.
(3) Newsracks shall carry no card holders or advertising
except the name of the newspaper being dispensed centered
Page 4 of 13
0.95-065
fifteen (15) inches from the top of the cabinet, with
duplicate lettering on the front, sides and back of the
cabinet, such lettering not exceeding one and three-
quarters (1%) inches in height. The above fifteen (15)
inch dimension may be adjusted on the door by the
manufacturer to accommodate modifications for vertically-
formatted, "tabloid-type" newsracks.
Newsracks for free newspapers may omit the coin box and
may have the pull bar welded to the door to produce an
"Honor Rack."
Newsracks shall be maintained in good working order at
all times, freshly painted and with unbroken hoods.
(6) The name, address, and telephone number of a responsible
person who may be contacted at any time concerning the
newsrack shall be displayed on the hood of the newsrack
in such a manner as to be readily visible and readable to
a prospective customer thereof.
(7) Mounts shall be bolted in place through four (4) standard
holes in the base in accordance with the following
standards:
a.. Foundation four (4) inch minimum thick concrete,
2500 psi (28 day strenath). Class I.
b. Two (2) inch minimum concrete edge distance for
bolts.
c. One-half (%) inch chamfer all concrete edges.
d. Three-eiqhts (~) inch diameter hot-dipped
qalvanized hex bolt mounts, three (3) inch minimum
imbedment, threads down, throuqh four (4) corners
of the pedestal base.
(8) Newsrack cabinet tops shall be installed and checked for
level; a water-soluble, paintable, ten (10) year caulk of
gloss brown color, matching the base plate, shall be
applied and wiped to seal around the base plate and the
mounting surface.
/~l Newsracks may be placed directly next to one another;
however, no more than three (3) newsracks may be placed
together, and a space of no less than eighteen (18)
inches shall separate each grouping of three (3)
newsracks.
Page 5 of 13
0.95-065
(10) Each newsrack shall be constructed, installed and
maintained in a safe and secure condition, and shall be
sufficiently weighted to avoid being vandalized or
becoming a hazard in severe weather.
(11) The location and installation of all newsracks in the
city shall comply with all local and state regulations,
including handicapped accessibility regulations.
Sec 15-6. Specific prohibitions.
(1) No newsrack shall be placed or located on a roadway.
(2) No newsrack shall be permitted to rest upon, in or over
any pathway, except when there is no available parkway
area in the immediate vicinity of the proposed location.
However, under no circumstances shall a newsrack be
allowed at any location whereby the clear space for the
passaqeway of pedestrians or bicycle riders is reduced to
less than six (6) feet.
(3) No newsrack shall be placed at any site or location when
the installing, use or maintenance:
a. Endangers the safety of persons or property; or
b. Unreasonably interferes with or impedes the flow of
pedestrians or vehicular traffic, including any
legally parked or stopped vehicle; or
c. Unreasonably interferes with the ingress or egress
from any residence or place of business; or
d. Unreasonably interferes with the use of traffic
signs or siqnals, hydrants or mailboxes permitted
at or near said location.
(4) Newsracks shall carry no card holders or advertising
except the name of the newspaper being dispensed on the
bottom of the door of the TK-80 PM, or the middle four
(4) inches of the bottom front panel of the TK-80.
(5) No newsrack shall be bolted or otherwise attached to any
property or to any permanently fixed object not owned by
the distributor of the newsrack, unless the prior consent
of the owner of such property or object is obtained in
writing.
(6) No newsrack shall be placed, installed, used or
maintained:
Page 6 of 13
0.95-065
a. Within five (5) feet of any marked crosswalk.
b. Within ten (10) feet of any unmarked crosswalk.
c. Within ten (10) feet of any fire hydrant, fire
callbox, police callbox or other emergency
facility.
d. Within five (5) feet of any driveway.
e. Within three (3) feet of any display window of any
building abutting the sidewalk or swale or in such
manner as to impede or interfere with the
reasonable use of such window for display purposes,
or within five (5) feet of a building entrance.
f. Within twenty (20) feet of any police station
driveway, fire station drivewavo ambulance station
driveway, entrance to hospital emergency room or
other emergency facility.
g. Within two (2) feet of any bus bench, or plaza
bench.
h. On or within two (2) feet of signs, parking meters,
street lights or utility poles.
i. At any location where the newsrack causes, creates
or constitutes a traffic hazard.
j. Within a visibility triangle.
k. At any location which would obscure traffic control
signs from the visibility of motorists.
Sec. 15-7. Application and issuance of certificate of compliance.
(1) Issuing authority. The issuing authority and coordinator
shall be the Fire Chief or his/her designee. The Fire
Chief or his/her designee is responsible for fairly
coordinating and administering the physical placement of
newsracks of the type and location herein specified, and
upon compliance herewith is responsible for issuing the
certificates of compliance.
(2) Approving authorities. The approving authorities shall
be the Fire Chief and the Director of Public Works.
Page 7 of 13
0.95-065
(3) Applications. The aDDlicant shall file with the Fir~
Chief a written application for an installation
certificate of compliance which shall contain the
following information:
a. The name, address and telephone number of th~
applicant, who is the owner and/or principal
responsible for the newsrack(s).
b. 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 number of newsracks and the proposed location
of each shown on a drawing provided by Public Works
as in subsection (4) below.
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 single pedestal TK-80PM or K-
80PM SHORACK with special pedestal mount and
fourteen (14) inch square base plate (mandated) or
TK-80 or K-80 SHORACK with special pedestal mount
and fourteen (14) inch square base plate (allowed
only if demand warrants at the installation
location), 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 15-5
(installation and maintenance).
(4) Procedure. The Public'Works Department shall:
a. Develop a map which is to a large enough scale to
show general city-wide locations of newsracks by
each publisher or distributor.
b. Request a list of proposed newsrack locations,
marked on the above map, from each distributor.
¢. Obtain confirmation approvals of the above approved
newsrack drawings from each distributor.
Page 8 of 13
0.95-065
(5) Issuance of certificate of compliance. Upon a findinq by
the Public Works Director that the apDlicant is in
compliance with the provisions of this section and havinq
received the required aDprovals from the Fire DeDartment,
the Fire Chief shall cause to be issued a certificate of
compliance for installation by the newspaper Dublishinq
company. Such issuance shall be made within five (5)
workinq days of the City's receipt of the completed
application.
(6) Denial of certificate of compliance. If a certificate of
compliance for a some newsrack location(s) applied for is
be denied, the applicant shall be notified in writing of
the reasons for denial. The applicant shall be advised
of the specific cause of such denial by the Fire Chief,
who will suggest alternative locations therefor. The
applicant may reapply for substitute alternative
location(s) at no additional certificate of compliance
fee.
(7) Additional newsrack certificate(s; of compliance. If at
any time after initial application for an installation
certificate of compliance a publisher wishes to install
additional newsracks, then subsections (3) and (4) above
are to be repeated in accordance with the provisions of
this section. Under section 15-8 (insurance), any
additional returnable bond deposit required will credit
any amount still on account. Additional certificate of
compliance fees shall be in accordance with section 15-9
(fees), except that the fifty dollar ($50.00) publisher's
fee is waived if previously paid.
Sec. 15-8. Insurance.
(1) Prior to the issuance of a certificate of compliance by
the Fire Chief, the applicant shall furnish to the Fire
Chief a certificate of insurance and a one-time only
returnable bond deposit, with returnable bondinq amounts
for newsrack installations being:
Total Proposed Newsracks Total Returnable Bond
1 to 4 $150.00
5 to 10 $300.O0
11 to 20 $500.00
21 and up $700.00
Page 9 of 13
0.95-065
(2) Reasonable evidence of equivalent self-insurance coverage
may be substituted by the applicant for the above
certificate of insurance. Insurance under this section
shall run continuously with the presence of the
applicant's newsrack in City rights-of-way, and any
termination or lapse of such insurance shall be a
violation of this section, subject to appropriate remedy
by the Code Enforcement Division under sections 176-188
of the Land Development Code.
Sec. 15-9. Fees.
There shall be a one-time only certificate of compliance fee
in the amount of fifty dollars ($50.00) for each newspaper
publisher plus ten dollars ($10.00) per newsrack. Failed
inspections are subject to a reinspection fee of twenty-five
dollars ($25.00). All of the above fees will be used to defray
administrative expenses with relation to this section only, and any
revenues over expenses remaining after the implementation of this
section will be returned to the newspaper publishers in proportion
to their respective contributions.
Sec. 15-10. Abandonment.
(1) If any newsrack installed pursuant to this section does
not contain the publication specified therefor within a
period of forty-eight (48) hours after release of the
current issue, the code enforcement division may deem the
newsrack abandoned and take appropriate action under
sections 176-188 of the Land Development Code. In
addition, a newsrack shall be deemed abandoned when no
publication is in the newsrack for a period of more than
seven (7) consecutive days.
(2) In the event a newspaper publishing c~mpany or its
distributor desires to voluntarily abandon a newsrack
location, the distributor shall notify the Director of
Public Works, completely remove the newsrack and mount,
and restore the public right-of-way to a safe condition,
leaving no holes or projections in the mounting surface.
sec. 15-11. Emergency removal.
(1) The City Manager, or his desiqnee, may summarily remove
any newsrack where its installation, use Or maintenance
poses an imminent or immediate danger to the public.
(2) Following removal of the newsrack by the city, the
distributor shall be notified of same by certified mail,
return receipt requested. If the newsrack is not claimed
Page 10 of 13
0.95-065
within ninety (90) days of receipt of certified letter,
disposal shall be made pursuant to section 15-13 below.
Sec. 15-12. Appeals.
Any applicant who has been denied a certificate of compliance
pursuant to the provisions of this section may file an appeal with
the City Commission by requestinq in writinq to the City Manaqer
appearance before the Commission to review said denial. The appeal
shall be heard by the Commission within thirty (30) days of the
filinq of the appeal or at the next reqularly scheduled aqenda,
whichever is sooner. The decision of the Commission on appeal is
subject to judicial review as provided by the laws of the State of
Florida.
Sec. 15-13. Enforcement.
(1) Within one hundred fifty (150) days of the effective date
of this Ordinance and at any time thereafter, any
newsrack in violation of any provision of this section
shall be subject to remedy and due process under the
provisions of sections 176-188 of the Land Development
Code pertaininq to the Code Enforcement Board.
(2) Upon determination by the Director of Public Works that
a newsrack has been installed, used or maintained in
violation of the provisions of this chapter, an order to
correct the offendinq conditions shall be issued to the
distributor of the newsrack. Such order shall be mailed
by certified mail, return receipt requested to the
address required by section 15-7(3)(b) above. The order
shall specifically describe the offending condition,
suqqest action necessary to correct the condition and
advise of removal pursuant to subsection (3) below.
(3) Failure to promptly correct the offending condition
within ten (10) days after receipt of the order shall
result in the offendinq newsrack beinq removed by the
city. When the distributor of the offendinq newsrack is
not known or identified as required by this section, a
copy of the order shall be posted on the newsrack and
this shall be deemed sufficient notice.
(4) Any newsrack removed from the public riqht-of-way shall
be stored at the cost of the distributor. The city shall
be reimbursed by the distributor for all costs incurred
in the removal and storage of all newsracks removed from
the public riqhts-of-way by the city. Within ten (10)
days after the removal of any newsrack from the public
riqhts-of-way, the city shall send the distributor of the
Page 11 of 13
0.95-065
newsrack by certified mail, return receipt requested,
notice of removal. The city is hereby authorized to sell
the newsrack at a public sale if the newsrack is not
claimed by the distributor within a period of ninety (90)
days from the date of removal. Ten (10) days prior to
sale, the city shall advertise notice of the sale in a
daily newspaper of qeneral circulation in the city. Ali
unpaid removal and storage costs and advertisement costs
shall be paid out of the proceeds of the sale of th~
newsracks. The remaining balance of the sale proceeds
shall become the property of the city and be transferred
to the city's general fund.
(5) The Denalty for any violation of sections_15-3, 15-4, 15-
5, 15-6 and 15-7 shall be a fine of not more than fifty
dollars ($50.00).
Section 2. Repeal of Conflicting Ordinances.
All prior ordinances or resolutions or parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Section 3. Severability.
If any section, sentence, clause or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this Ordinance.
Section 4. Inclusion in Code.
It is the intention of the City Commission of the City of Coral
Springs that the provisions of this Ordinance shall become and be
made a part of the City of Coral Springs Code of Ordinances; and
that the sections of this Ordinance may be renumbered or relettered
and the word "ordinance" may be changed to "section," "article," or
such other appropriate word or phrase in order to accomplish such
intentions.
Section 5. Effective Date.
Page lZ of 13
0.95-065
This Ordinance shall become effective thirty (30) days after
adoption by the City Commission.
PASSED FIRST READING the day of , 1995.
PUBLISHED the day of , 1995.
PASSED SECOND READING the day of , 1995.
CITY OF CORAL SPRINGS, FLORIDA
JOHN SOMMERER, Mayor
ATTEST:
JONDA K. JOSEPH, City Clerk
Unanimous
Motion/2nd Yes No
Mayor Sommerer
Vice Mayor Polin
Commissioner Berk
Commissioner Stradling
Commissioner Calhoun
Doc. 31180
Page 13 of 13
0.95-065
AN ORDINANCE OF TN~ CITY OF HOLLYWOOD,
FLORIDA, CREATING C/qA~ER 120 IN THE CODE, TO
OF NEWSRACKS ON PUBLIC RIGHTS-OF-WAY WITHIN
/
THE CITY ·
WHEREAS, substantial growth in numbers 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,
1
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 Hollywood;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF HOLLYWOOD, FLORIDA:
~: Chapter 120, "NEWSRACKS," is hereby created
in the City of Hollywood Code of Ordinances, as follows:
CPIAPTER 120: NEWSRACKS
§ 120.01 PURPOSE AND CRITERIA.
The purpose of this ordinance is to promote the public
health, safety and welfare through the regulation of placement,
type, appearance, servicing and insuring of Newsracks on public
rights-of-way so as to:
(A) Provide for pedestrian and driving safety and
convenience; ~
(B) provide for the safety of the public and property
during severe windstorm conditions;
2
(C) 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;
(D) 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;
(E) relocate and/or replace Newsracks which result in
drivers sight line obstruction, 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;
(F) reduce unnecessary exposure of the public to personal
injury or property damage;
(G) maintain and protect the values of surrounding
properties;
(H) treat all newspapers equally regardless of their size,
content, circulation, or frequency of publication;
(I) cooperate to the maximum with newspaper distributors.
3
§ 120.02 DEFINITIONS.
As used in this ordinance, the following terms shall have the
following meanings, unless the context clearly indicates that a
different meaning is intended:
CITY - the City of Hollywood, a Florida municipal
corporation, as geographically described in the City Charter.
NEWSRACK$ - any type of unmanned device including any self-
service or coin-operated box, container, storage unit or
other dispenser installed, used, or maintained for the
display and sale of newspapers or other written periodicals,
or for the vending or free distribution of newspapers or
written periodicals.
PUBLIC RIGHTS-OF-WAY - any public Street, highway, Sidewalk,
Swale or alley.
ROADWAY - that portion of a Street improved, designed or
ordinarily used for vehicular travel.
SIDEWALK - any surface provided primarily for the use of
pedestrians, on any~ public rights-of-way under the
jurisdiction of the City.
STREET - all that area~ dedicated to public use for public
transportation purposes and shall include, but not be limited
to, Roadways, pathways, alleys and Sidewalks.
4
SWALE - that area between the Sidewalks and the curb of any
Roadway, and, where there is no Sidewalk, that area between
the edge of the Roadway and property line adjacent thereto.
Swale shall include any area within a Street that is not open
to vehicular travel.
§ 120.03 REQUIREMENTS, DUTIES, PROHIBITIONS, AND STANDARDS~
(A) Notification to City. The publisher or distributor of
any newspaper or written periodical distributed from any
Newsrack located within a City right-of-way shall notify the
City Manager or his/her designee, in writing, of the location
or change of location of any such Newsrack within seven (7)
days of its placement or relocation. Such notice shall
include: the name, address and telephone number where the
person responsible for the Newsrack may be reached and the
location, specifying the Street address or closest Streets
and a description of the placement, of the Newsrack.
(B) General placement' of Newsracks. Subject to the
prohibitions set forth in Section 120.03(D) below, in areas
where Sidewalks abut t~he curb, Newsracks shall be placed
parallel to and no less than eighteen inches (18") nor more
than twenty-four inches (24") from the edge of the traveled
5
Roadway or paved parking lane. If the City determines that
such placement is not suitable, the Newsrack may be placed
on the part of the Sidewalk furthest from the Roadway.'
Newsracks so placed must be parallel to and not more than six
inches (6") from the wall of the building or back of
Sidewalk. In areas where there is a grassed Swale, Newsracks
shall be placed on the Swale six inches (6") from the front
of the Sidewalk. If such Swale is less than five feet (5')
in width, the Newsrack may be placed on the edge of the
Sidewalk furthest from the Street, if the conditions of
section 120.03(D) can be met.
(C) Installation and Maintenance. Newsracks shall be
placed and maintained in accordance with the following
criteria:
(1) Newsracks shall be of a' freestanding rectangular
type both vertically and horizontally with external
dimensions of not more than thirty-six inches (36") in
height, twenty-one inches (21") in width and twenty-one
'inches (21") in depth. A coin box may be affixed to
the top of the rack that has external dimensions that
do not exceed thirteen inches (13") in height, nine
inches (9") in width, and nine inches (9") in depth.
6
Alternatively, the Newsrack may be of a pedestal type
that has external dimensions that do not exceed twenty
inches (20") in height., twenty-four inches in width and
twenty-one inches (21") in depth on a pedestal of not
more than twenty-eight inches (28") in height.
Pedestal mounted Newsracks shall be designed to comply
with Section 4.4 of the Americans With Disabilities Act
Accessibility Guidelines for Buildings and Facilities.
Newsracks will be of substantial construction designed
to withstand the stresses associated with the sale and
dispensing of the media using the Newsrack and the
environmental exposures experienced in South Florida.
(2) Newsracks shall carry no advertising, except:
(a) the name of the publication being distributed;
and
(b) cardholders kept in neat and untorn condition
describing the publication being distributed.
(3) Each Newsrack shall be maintained in a neat, clean
condition and in good repair at all times.
Specifically, but -without limiting the generality of
the foregoing, each Newsrack shall be serviced and
maintained so that :
7
(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 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;
(f) The paper or cardboard parts or inserts
thereof are reasonably free of tears, peeling or
fading; and
(g) The structural parts 'are not broken or unduly
misshapen.
(h) The surrounding area upon which the Newsrack
is placed will also be maintained in a neat and
orderly condition
(4) Name, addrezs and telephone number of a
responsible person who may be contacted at any time
concerning the Newsrack shall be displayed on the hood
8
of the Newsrack in such a manner as to be readily
visible and readable to a prospective customer.
(D) Prohibitions. There shall be established general and
specific prohibitions which include the following:
(1) General - The general prohibitions common to all
business as set forth in City's Code of Ordinances
shall be applicable.
(2) Specific - No Newsrack shall be placed, installed,
used or maintained:
(a) Within ten feet (10') of any marked
crosswalk.
(b) Within ten feet (10') of the point of
curvature for the edge of pavement for any
intersecting Street or entranceway where the
Sidewalk is discontinued for the entranceway.
(c) Within ten feet (10') of any fire hydrant,
fire call box, police call box or other emergency
facility.
(d) Within five feet (5') of any driveway.
(e) Within f~ve feet (5') ahead of, and fifteen
feet (15') of the rear of, any sign marking a
9
designated bus stop, measured along the edge of
pavement.
(f) Within two feet (2') of any bus bench, or
plaza bench.
(g) At any location that does not provide a clear
width of continuous passage of at least thirty-six
inches (36") in accordance with the Americans With
Disabilities Act.
(h) In residential areas, where a vertical
surface of the Newsrack is on or within twelve
inches (12") of any area, other than a Swale,
improved with lawn, hedges, flowers, or trees.
(i) In nonresidential areas, where a vertical
surface of the Newsrack is on or within six inches
(6") of any area, other' than a Swale, improved
with lawn, hedges, flowers, or trees.
(j) No Newsracks will be placed in the median of
a divided Street.
(k) Within three feet (3') of any display window
of any buiIding abutting the Sidewalk or Swale or
in such a manner as to impede or interfere with
the reasonable use 6f such window for display
10
purposes, or within five feet (5') of a building
entrance.
(1) Within one hundred fifty feet (150') of
another Newsrack containing the same newspaper or
news periodical except where separated by a Street
corner. Where warranted by the quantity of
newspaper sales, the City Manager or his/her
designee may allow a double Newsrack not more than
thirty-three inches (33") wide and otherwise
complying with the requirements of section
120.03 (c) (1).
(m) On or within two feet (2') of signs, parking
meters, Street lights or utility poles.
In any situation where more than one standard applies, the
more restrictive standard shall govern.
Where a Newsrack is located in a residential area, if a
publisher receives a request from an owner of property within one
hundred fifty feet (150') of the Newsrack, such Newsrack shall be
removed and relocated.
(E) Newsrack securing~ standards. Any Newsrack being
installed, placed, and maintained on a public right-of-way,
11
Street, or Sidewalk shall comply with the following securing
standards:
(1) The Newsrack will be installed in a safe and
secure manner so as to prevent the Newsrack from being
stolen or becoming a hazard in severe weather. This
can be accomplished by either weighting of the Newsrack
or bolting the Newsrack to an independent concrete
base. The total weight of the Newsrack and any
weighting devise shall not be less than one hundred
twenty-five (125) pounds.
(2) Newsracks shall not be chained to any tree,
traffic control device, sign, bench, bus shelter or
pole.
(3) Regardless of the weight of the Newsrack, in the
event of the issuance of a hurricane warning by any
entity with jurisdiction to issue such a warning, the
Newsrack shall be removed or laid down with its
smallest dimension'perpendicular to the ground.
§ 120.04 ENFORCEMENT PROCEDURES.
(A) Nonconforming racks. Within one hundred fifty (150)
days after the effective date of this Ordinance and at any
time thereafter, any Newsrack in violation of any provision
of Chapter 120 shall be subject to the procedures, remedy
and due process under Chapter 36, City Code of Ordinances,
entitled Code Enforcement Board.
(B) Abandonment.
(1) In the event that a Newsrack remains empty for a
period of forty-five (45) continuous days, the same
shall be deemed abandoned and may be treated as being
in violation of the provisions of this ordinance.
(2) In the event a newspaper publishing company or its
distributor desires to voluntarily abandon a Newsrack
location, said distributor shall notify the City
Manager or his/her designee, completely remove the
Newsrack, and restore the public right-of-way to a safe
and sound condition~
(3) In the event a publisher or its distributor does
not voluntarily remove a Newsrack which is determined
to be abandoned based upon the above, the City shall
notify the publisher, in writing, giving seven (7) days
13
to remove the identified Newsrack. Should the
publisher or its diStributor not remove the Newsrack
within the seven (7) day notice period provided, the
City shall remove the Newsrack and temporarily store
the hardware. The publisher and/or distributor shall
be responsible for paying the City its actual costs
associated with the removal and storage of the NewsraCk
prior to obtaining possession. Should the publisher or
the distributor not take possession of the Newsrack
within ninety (90) days, the City shall consider the
Newsrack surplus material and dispose of it
appropriately.
§ 120.05 INSURANCE, INDEMNIFICATION AND HOLD HARMLESS.
(A) Insurance. Every publisher or distributor who places
or maintains a Newsrack on a public right-of-way, public
Sidewalk, Street or Swale in the City , shall furnish to the
City Manager or his/her designee, 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 Risk Manager and City Attorney.
14
Insurance under this section shall run continuously with the
presence of the applicant's Newsrack(s) in City right-of-way,
and any termination or lapse of such insurance shall be a
violation of Chapter 120, subject to the appropriate remedy
by the Code Enforcement Division pursuant to Chapter 36.
(B) Indemnification~hold harmless. Every publisher or
distributor who places or maintains a Newsrack on a public
right-of-way, public Sidewalk, Street or Swale in the City,
shall execute and deliver a written agreement under which it
agrees to indemnify, hold harmless and defend the City, its
officers, agents and employees from any loss, liability, or
damage, including expenses and costs, for bodily or personal
injury, and for property damage sustained by any person as a
result of the installation, use and/or maintenance of a
Newsrack within the City This shall not be construed to
affect in any way the City's rights, privileges, and
immunities as set forth in Section 768.28, Florida Statutes.
§ 120.06 SPECIAL PROVISIONS.
In the event that ~he .city provides for special
infrastructure treatments and improvements in a defined district,
place of special interest or special project area, which includes
15
specific design elements and hardware as part of the total
streetscape, sufficient number and size Newsracks will be provided
by the City or public agency to accommodate all interested
publishers and their distributors will utilize the provided
standard hardware. In any such defined district, place of special
interest or special project area, any and all independent
Newsracks shall be prohibited.
~: That it is the intention of the City
Commission and it is hereby ordained that the provisions of this
section shall be made a part of the Code of Ordinances of the City
of Hollywood, Florida, and the sections of this code may be
renumbered to accomplish such intention.
~u_~: That if any word, phrase, clause,
subsection or section of this ordinance is for any reason held
unconstitutional or invalid, the invalidity thereof shall not
affect the validity of any remaining portions of this ordinance.
~_~: That all sections or parts of section of
the Code of Ordinances, all ordinances or parts of ordinances, and
all resolutions or parts of resolutions in confliCt herewith be
and the same are hereby repealed to the extent of such conflict.
16
~gj~: That this Ordinance shall become effective
upon its passage and adoption.
ADVERTISED on the ~ day of~.P~~, 1995.
PAS~D AND ADOPTED on first reading this ~ day
of ~ , 1995.
~-~ASSED ~D ADOPTED on second, reading this ~ day
MARA G!ULIANTI, MAYOR
for the use and/reliance of the
City o~, llyw~od, ~lorida
- 17
A PUBLIC HEARING will be held on
file kdJowing pra~ ordinances it
I~ P.~. on IVllOA'f~ al&'f 83~
llll (or It ~y cefltinuat~ o~ s~ch
meeting which is set by Ihe Commis-
bees, 100 N.W. 1st Av~, Oelrey
Clerk It City H~II, 100 N.W. ls~ Ave-
hue, Oeh'~y Be~ch, Florida, beh~
h hours of I:O0 a.m. Io 5:00 p.m.,
Monday Ilvough Fri,by, mcce)t h~l-
Io Ifllfld and be heard wilh respect lo
AN ORDINANCE OF THE CITY COM.
MISSION OF THE CITY OF DELP, AY
BEACH, FLORIDA, A~AENDING OR-
DINANCE NO. 3145 BY REPEALING
SECTION 4, tN iTS ENTIRETY AND
ENACTING A NEW SECTION ,I. TO
MODIFY THE SCHEDULE FOR
COMPLET(ON OF THE IMPROVE.
MENTS ASSOCIATED WITH THE
REESTABLISH,~AENT OF THE A~.RI-
NA DELRAY SAD (SPECIAL ACTIVI.
TIES DISTRICT), LOCATED AT THE
SOUTHEAST CORNER OF GEORGE
BUSH BOULEVARD AND PALAq
TRAIL; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING
CLAUSE, AND AN ' EFFECTIVE
DATE.
cides to epp#l ~y decisi~ me~e ~
the City Comm(ssim w~ r~s~ect to
any melter considered et this hearing,
s~JCh ixt',~e will nee~ a rece~d of tl~e*~
F,S. ~#.~1~.
CITY OF OELRAY BEACH
AJisoft M~'Grego~ Harly
C~y Ckrk
P.J~ish: July 12,1~
The New~
Boca ~rly Beach
Ad/372~