Loading...
24-80 VOID ORDINANCE NO. 24-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23, "STREETS AND SIDEWALKS", BY ENACTING A NEW ARTICLE III, "NEWSRACK REGULATIONS" , PROVIDING DEFINITIONS; PROVIDING STANDARDS FOR MAINTENANCE AND INSTALLATION OF NEWSRACKS ON PUBLIC RIGHTS-OF-WAY; REGULATING THE LOCATION AND PLACEMENT OF NEWSRACKS; PROVIDING FOR ABANDONMENT; REGULATING NEWS- RACKS LOCATED ON PRIVATE PROPERTY; PROVIDING FOR ENFORCE- MENT OF NEWSRACK REGULATIONS; PROVIDING FOR APPEALS; PROVIDING A SAVING CLAUSE; PROVIDING FOR MAILING OF COPIES OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Delray Beach, Florida, finds and declares that 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, per- sons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services; and, WHEREAS, newsracks so located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein, constitute public nuisances; and, WHEREAS, the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and pro- moting the public health, safety, morals and general welfare of persons in the City of. Delray Beach, Florida, in their'use of public rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 23, "Streets and Sidewalks", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a new Article III, "Newsrack Regulations", to read as follows: ARTICLE III. NEWSRACK REGULATIONS. Sec. 23-40. Definitions (a) "Advertising circular" shall mean any publication that contains only advertising and no news reports. (b) "Bike Path" shall mean that portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic. (c) "City Engineer" as used herein shall include the City Engineer, Assistant City Engineers and his designated representatives. (d) "Distributor" shall mean the person responsible for placing and maintaining a newsrack, the owner of the newsrack, or the pub- lisher of the newspaper vended therein. (e) "Newsrack" shall mean 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. (f) "Public Agency" shall mean the City of Delray Beach, Florida, Palm Beach County, Florida, or the State of Florida. (g) "Swale" shall mean any area within a right-of-way which is not either a bike path, sidewalk or roadway. 'The terms shall also include any area within a roadway which is not open to vehicular t rave 1. (h) "Roadway" shall mean that portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic. (i) "Sidewalk" shall mean any surface within a right-of-way'provided for the exclusive or primary use of pedestrians. (j) "Right-of-way" shall mean 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. Sec. 23-41. Standards for Maintenance and Installation of Newsracks on Public Rights-of-way. Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall comply with the following standards: (a) No newsrack shall be used for advertising or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold or distributed therein. Not more than one advertising sign, not exceeding two feet (2') by one foot (1') may be placed on any newsrack. Provided, however, this subsection shall not limit the placement of the name of the newspaper or news periodical vended from the newsrack on any number of locations on the newsrack. (b) Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and a telephone number of a w~rking telephone service to call to report a mal- function, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notice provided for in this Chapter. Sec. 23-42. Location and Placement of Newsracks. Any newsrack which rests in whole or in part upon, or on any portion of the public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this section: (a) No newsrack shall be used or maintained which projects onto, into, or over any part of any roadway or bike path, or which rests, wholly or in part upon, or over any portion of any road- way or bike path. (b) No newsrack shall be permitted to rest upon, in or over any swale, or sidewalk when such installation, use or maintenance endangers the safety of persons or property, or when such news- rack unreasonably obstructs the flow of pedestrian or vehicular traffic, the ingress or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location. - 2 - Ord. No. 24-80 (c) No newsrack may be chained, bolted or otherwise attached to any fixture located in the right-of-way when such chaining, bolting or other attachment substantially increases a known danger to the safety of persons or property, provided that the permission of the owner of the fixture is first obtained. (d) In the event a newsrack is located upon, in or over a sidewalk which is abutted by a swale of sufficient size to fully and lawfully accommodate a newsrack and such newsrack unreasonably obstructs the flow of pedestrian traffic on such sidewalk, then upon notice and request by the City, the distributor shall remove the newsrack from the sidewalk and lawfully install it on the abutting swale. (e) Not more than one (1) newsrack containing the same issue or edition of the same publication shall be located within the same block or within 1,000 feet of each other, whichever is the lesser distance. Provided, however, a distributor may locate newsracks in excess of this limitation by demonstrating a public need for the excess newsracks. Sec. 23-43. Abandonment. In the event a newsrack remains empty for a period of thirty (30) continuous days, it shall be deemed abandoned, and may be treated in the same manner as provided in Section 23-45 for newsracks in violation of the provisions of this Chapter. Sec. 23-44. Newsracks Located on Private Property. Any newsracks located totally on private property shall be subject to and comply with the provisions of Section 23-41. Sec. 23-45. Enforcement of Newsrack Regulations. (a) Upon determination by the City Engineer that a newsrack has been installed, used or maintained in violation of the provisions of this Chapter, an order to correct the offending condition shall be issued to the distributor of the newsrack. Such order shall be mailed by certified mail return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. The order shall contain the results and any data collected from any pedestrian and vehicular traffic study that may have been performed to ascertain the offending condition. In addition, where the owner of the offending newsrack is not known or identified, a copy of the order shall be posted on the offending newsrack. (b) Failure to properly correct the offending condition within twenty (20) days after the mailing or posting date of the order, which- ever is later, shall result in the offending newsrack being removed by the City. If the offending newsrack is not properly identified as to the distributor under provisions of Section 23.41 hereof and the distributor is not otherwise known, the order shall be posted as provided herein and if the offending condition is not corrected within the twenty (20) days, it shall be removed by the City. Any newsrack removed by the City here- under shall be stored at the distributor's expense for a period of ninety (90) days. The newsrack shall be released to the distributor upon a proper showing of ownership and payment of - 3 - Ord. No. 24-80 any and all storage charges. In the event the newsrack is not claimed within the ninety (90) day period, the newsrack shall. be sold at public auction and the proceeds applied first to storage charges and then paid into the general fund of the City. At least ten (i0) days prior to the public auction, the City Clerk shall publish a description of the newsrack, the location from which it was removed and notice of the auction in a newspaper of general circulation in the City and shall provide the distri- butor identified on the neWsrack or if otherwise known, with written notification of the auction by certified mail, return receipt requested. (c) In the event the distributor of the newsrack appeals the order to correct the offending condition, as provided for in Section 23-46, then removal of the newsrack shall be stayed pending final dispo- sition of the appeal, which final disposition shall include any judicial review. The City shall pay or reimburse to the distri- butor any storage charges paid pursuant to an order to correct which is appealed as provided herein and the decision rendered favorable to the distributor. Sec. 23-46. Appeals. Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions hereof (hereinafter, an appellant) may appeal to the Code Enforcement Board. An appeal must be perfected within the twenty (20) days after the mailing or posting of the notice of any protested decision or action by delivering to the office of the City Engineer a letter of appeal briefly stating therein the basis for the appeal. A hearing on the appeal shall be held on a date not more than sixty (60) days after receipt of the letter of appeal. The appellant shall be given at least seven (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 determination of the City Engineer should not be upheld. 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 chairman of the Board and filed in the office of the City Clerk within ten (10) days of the hearing and a copy shall be sent to the appel- lant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as provided for by law. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such deci- sion shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That the City Clerk is hereby authorized and directed to mail a copy of this ordinance immediately upon adoption to: Miami Herald, Palm Beach Post, Palm Beach Times, Fort Lauderdale News, Sun- Sentinel, Delray Beach News-Journal, and any other newspapers and publishers known to the City Clerk whose newspapers or news periodicals are distributed by newsracks in the City of Delray Beach. However, lack of receipt of such copy of this ordinance shall not prevent the enforcement of the terms and provisions of this ordinance after the effective date hereof. - 4 - Ord. No. 24-80 Section 4. That this ordinance shall become effective thirty (30) days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1980. MAYOR ATTEST: City Clerk First Reading Second Reading VOID - 5 - Ord. No. 24-80