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43-93 ORDINANCE NO. 43-93 AN ORDINANCE OF THE CITY COMMISSION OF' THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.3.3, "NEWSRACKS, BENCHES, AND OTHER UNATTACHED FIXTURES IN THE RIGHT-OF-WAY", OF THE LAND' DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE APPLICA- TION OF THIS SECTION TO ALL MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY; TO PROVIDE FOR A DEFINITION OF "MOVABLE FIXTURE"; TO PROVIDE FOR THE DELETION OF SOD AS A PROHIBITED LOCATION FOR MOVABLE FIXTURES; TO PROVIDE FOR THE PLACEMENT OF MOVABL~. FIXTURES NO CLOSER THAN 15 FEET TO A FIRE HYDRANT; .TO PROVIDE FOR CLEAR ZONES TO EXTEND FOUR FEET FROM A SIX INCH HIGH VERTICALLY FACED CURB AND TO PROHIBIT MOVABLE FIXTURES FROM BEING PLACED CLOSER THAN !TEN FEET FROM THE EDGE OF PAVEMENT, OR AS FAR AWAY AS POSSIBLE; AMENDING SECTION 6.3.3(B)(6) "SIGHT. AREAS" TO PROVIDE FOR A 40 FOOT BY 40 FOOT SIGHT TRIANGLE EXTENDING ALONG THE ROAD SIDE EDGE AS ILLUSTRATED IN FIGURE 1; AMENDING SECTION 6.3.3(B)(7') TO PROVIDE FOR LOCATION MAPS AT CITY FACILITIES. DESIGNATING LOCATIONS WHERE MOVABLE FIXTURES MAY. BE PLACED; AMENDING SECTION 6.3o3(B)(8) TO PROHIBIT THE PLACE- MENT OF MOVABLE FIXTURES ADJACENT TO SINGLE' FAMILY RESIDENCES; REPEALING SECTION 6.3.3(C)(1)~ REPEALING SECTION 6.3.3(0); REPEALING SECTION 6.3.3(C)(2)(e); REPEALING SECTION 6.3.3(H); PROVIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has invested millions of dollars in installing and maintaining streetscaping and landscaping along the public rights-of-way within Delray Beach; and, WHEREAS, the City of Delray Beach is in the process of imple- menting its Decade of Excellence Bond program which will provide addi- tional funding of drainage, paving, and beautification of rights-of-way within Delray Beach; and, WHEREAS, the City Commission of the City of Delray Beach is desirous of providing safe traffic areas for pedestrians, bicyclists, and motor vehicles; and, WHEREAS, the City Commission of the City of Delray Beach wishes to improve the aesthetics of rights-of-way within it's residential and commercial zoned areas; and, WHEREAS, the residential rights-of-way within the City of Delray Beach have not been designed to withstand constant traffic on the nonpaved section of the right-of-way; and, WHEREAS, the City Commission finds that vehicular traffic pulling onto swale areas on a continuing non-emergent basis causes damage to the swale area which negatively affects the aesthetics of the rights-of-way; and, WHEREAS, the City Commission finds that vehicular traffic pulling onto swale areas on a continuing non-emergent basis causes damage to the swale area which negatively affects the drainage 'capabili- ties of the swale area; and, WHEREAS, the use of newsracks and benches as signs is illegal in Delray Beach and damages the aesthetic quality of our residential, commercial, industrial, and open space neighborhoods; and, WHEREAS, the City Commission of the' City of Delray Beach believes that improving the aesthetics of Delray Beach's residential and com~ercial neighborhoods will improve the quality of life for the citizens of Delray Beach; and, WHEREAS, the City Commission finds that ~amaged swale areas negatively affects property values adjacent to' such swale areas and rights-of-way; and, WHEREAS, the City Commission of the. City of Delray Beach believes there is adequate areas of distribution'available. NOW, THEREFORE, BE IT ORDAINED BY THE .CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 6.3, "Use ~nd Work in the Public Right-of-Way", Section 6.3.3, "Newsracks, Benche~ 'and Other Unattached Fixtures in the Right-of-Way" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 6.3.3 Newsra~ks~-Benches-and-8~herr~nattaehe~-F~x%u~es-~n the-R~ght-of-Wayv Any newsra~kT-bench-and-ethe~-nen-atta~he~-f&xture ~he~e~nafte~-~e~t~ve~y-refer~e~-t~-as-umovable~fixtures"~ 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, or which is upon private property shall be locatpd and maintained in accordance with this Section. (A) Definitions. For the purpose of this subsection the following definitions shall apply unless the context clearly indicates or requires a different meaning. "Advertising Circular." Any publication that contains only advertising and no news reports. "Auxiliary Lane." A turn lane or on-street parking area. "Bike Path." That portion of a. right-of-way improved, designed, or ordinarily used for bicycle traffic. "Controlling Entity." The person or entity responsible for placing and maintaining a movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a newsrack. "Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop prior to entering the intersection. "Movable Fixture." Any newsrack~ bench~ or other non-attached fixture. "Newsrack." Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news periodicals or advertising circulars. "Paved Surfaces." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks. "Public Agency." The ¢~y?-~oun~yT-~=-~he-s~a~e City of ~e!ray Beach~ Palm Beach County~ the State of Florida~ its subdivisions~ departments or authorized aqents. "Right-of-Way." Ail that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall 2 ORD. NO. 43-93 include, but not be limited to, roadways, swales, bike paths, and sidewalks. "Roadway." That portion of a right-of-waY improved, designed, or ordinarily used for vehicular traffic. "Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use of pedestrians. (B) Prohibited Locations: (1) Landscaped Areas: Movable fixtures s.hall not be placed or installed or erected on any landscaped area within an improved public right-of-way. The landscaped areas', include, but are not limited to, those areas in which the following ground cover materials are placed: (a) %b~ Decorative plants, or (b) %=~ Native plants maintained to match the surrounding flora. (2) Public Utilities: Movable fixturSs shall not be placed, installed, or erected to obstruct the use .of any public utility pole or structure. These areas are ~ef~ne~ desiqnated as follows: (a) Drainage structures: Movable fixtures shall not be physically attached, chained~ or bolted to any drainage structure, inlet pipe, or other physical object meant to carry water for drainage purposes; (b) Utility Poles: Movable fixtures shall not be physically attached, chained, or bolted to a utility pole; (c) Fire Hydrants: Movable fixtures shall not be located within 35 1--5 feet of a fire hydrant. (3) Traffic Control Devices: Movable fixtures shall not be physically attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be ~ef~ne~ designated as follows: (a) Traffic signals. (1) Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole. (2) Movable fixtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for' the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fixtures shall be placed at least 36 inches away from such pedestrian traffic signal push buttons. (b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or chained to a traffic sign or post used for the support of a traffic sign or signs. (4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected directly on a paved surface which is intended primarily for the use of motor vehicles. 3 ORD. NO. 43-93 %a~(5) Any mMovable fixture~ placed or maintained on a sidewalk shall leave a ~lear area for traffic of not less than 5-feet 40 inches. fB~(6~ Any sMovable fixtures which ks are. placed or maintained on a bike path ~hall leave a c~ear area for traffic of not less than 8 feet. %5~(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 ~v~ four feet of the face of a six inch high vertically.faced curb. Where the four foot minimum is impractic~l~ the minimum may.be reduced to 2 1/2 feet. (b) In all other locations~ the movable fixture shall be located no less than ten {10) feet away from the edge of the pavement. If there is not ten (10) feet available~ the movable fixture shall be located as far away from the edge of th~ pavement as possible. Spee~-E~m~%-~-AdJacen%-Rea~ ....... BS-mph-e~-~ess ..................... BS-mph-er-grea~er .................. ~8-~ee~ e~-the-ad~acent-street-w~eh~n-ehe-~e~ew~n~-~stanees? Speed-E~m~e-ef-Ad~aeemt-Read ....... B~stance Be-mph-er-~ess ..................... 6-~eet BS-mph-er-gzeete~ .................. ~6~(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 pavement elevation~ and encompass the triangular area of property located at a corner formed by the intersection of two or more public riqhts- of-way~ with two sides of the triangular area extending forty feet from their point of intersection along the edge of ~oadwav, and the third side being a line connecting the ends of the ofher two lines. (See Figure 1). S~gh~-areas-are-~r~her-~e~ne~-as-~he area-ex%end~ng-~r~m-%he-~n%ersec%~ng-s~des~ee~-and-a-para~e~-~ne ~5~-~rom-the-edge-o~-pavement-runn~ng-~or-~5-~ee~-where-~he-s~ree~ on-wh~ch-the-newsraek-~s-p~aced-d~es-n~-have-a-s~x-~nch-vert~ca~ ~aced-cmrb~-or-%hat-area-ex~end~ng-~rom-the-~n~erse¢~ng-s~des~ree~ ~eet-where-%he-street-en-wh~ch-~he-newsrack-~s-p~ace~-~ees-have-a s~x-~nch-vert~ca~y-~ace~-c~rbv All obstructions to the required sight distance shall be removed within the area shown in Fiqure 1. -~'~' g ~ ~o' --~2 Typi~l Intersection 4 0~. ~0. 43-93 %~(9) Other Areas: Movable fixture shall not be placed, installed, or erected in any of the areas defined in this section. (a) The area within 50 feet of any railroad track. (b) On any city property unless the location has been specifically pe~m~ed desiqnated by the City Manager or h~s-des~gnee any authorized representative. (1) The City Manaqer or the duly authorized City representative shall designate locations at City facilities for the placement of movable fixtures. (2) The City shall prepare a map for each City facility illustratinq the desiqnated locations for the placement of movable fixtures. The location maps shall be available for inspection at the office of the City Clerk. (3) Movable fixtures which are placed at City facilities are sub~ect to the same abandonment and enforcement provisions included in Sections ~E~ 6.3.3(F) and ~P~ (G) e~-the-erd~nan~e. Improperly placed movable fixtures shall be considered abandoned movable fixtures. (c) The area within the medians of a divided roadway. %8~(10) Movable fixtures shall not be placed on any roadway, bike path or swale area a~jacen~-swake-area in front of or to the side of a =es~en~ak-zone~-~s~=~¢%s-o~ single family residence within the City. (C) Standards for Newsrack Maintenance and Installation: ~--No-moze-~han-one-newsza~k-con~a~n~ng-~he-same-~ss~e ~-ed~on-~-~he-same-pub~a~on-sha~-be-~oca~ed-w~h~n-~he same-b~o~k-o~-~888-~ee~F-wh~heve~-~s-~he-~esse~-d~s~ance7-~ 2he-same-s~e-o~-2he-s~ree2F-prov~e~-howe~erF-a-con2rok}~ng en~-ma~-~¢a%e-news~a~ks-~se~-~-each-~her-~-a-p~b~ need-~s-~e~ez"m~ned-~-ex~s~v--A-p~bk~=-need-mey-be-es~ab}~she~ by-~he-~w~ng-me~h~d~-b~-s~ch-me~h~d-~s-~-exc~us~vev--A e~2y-~r-a-per~e~-o~-one-month=--~{-~ur~ng-2hat-~ne-mon2h-2es~ e~¢eeds-?5-percent-~-2he-capac~ty-~f-2he-newsra=kF-2he-pub~c nee~-~s-es~abk~she~-an~-%he-a~d~2~onak-mewsrack-may-rema~n-a2 %~) 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: ~s)(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40'inches wide, or 24 inches in depth. (b)(2) Coin operated newsracks shall be equipped with a coin return mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the newsrack is inoperable. At all times, the coin return mechanism shall be maintained in good working order. ~c)(3) The controlling entity shall permanently affix to its newsracks a label' which states a 24 hour operable § ORD. NO. telephone number of a working telephone service which the customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face, the name and address of the controlling entity in order to give the notices provided for in this chapter. ~d~(D) The controlling entity shall maintain each newsra~k movable fixture in a neat and clean condition, and in good repair at all times. ~e~--A~-newsracks-sha~-have-~-un~form-~ght_brown ~n~shv--Prov~e~7-howeve=7-that-news=acks-may-be-of_any covering- bu~t- and- permitted- ~.-accordance- w~th- the ~B~--Res~rfetions-on-Advert~sing? Newsraeks- sha~- not- he-used- purposes -o~her- than- tha~- ~er~a~n~ng- Purehase-o~-the-newspaper-or-news-per~od~ea~s-so~d-or_d~str~bu~ed ~here~n~--Sn~7-one-(~-advert~s~ng-s~gn~-no~-oxeeed~ng-two_a~uare ~eat-~n-area~-ma¥-be-p~aead-on-a-newsrae~--~n-add~%~on_~o_~he advart~s~ng-s~ga~-%he-eontro~ng-en~-ma~-d~sp~a~_oneeT_oa_a newsraeR?-the-name-o~-the-pub~ea%~oav--~he-name-a~-%he_pub~eat~on ma~-be-d~sp~aTe~-~n-~etter~ng-no-greater_~han_~U_~n_he~ghtv ~S~(E) The use of a bench for advertising ~urposes is strictly prohibited. ~)(F) 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 (G) below for movable fixtures in violation of the provisions of this subchapter. (2) If the controlling entity is not identified on the moveable fixture, it will be considered abandoned and posted as such. (G) Enforcement; Correction of Violation: (1) Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used, or maintained in viola- tion of Section 6.3.3, an order to correct the violation shall be issued to the controlling entity. (2) The order to correct the violation shall specifically describe the violation and may suggest actions necessary to correct the condition or violation. Such order shall be mailed by certi- fied mail return receipt requested to the controlling entity. (3) Failure to properly correct the o~end~ng-eond~t~on-or violation within 15 days a~er-the-ma~ng-date of the receipt of the order, shall result in the offending movable fixture being removed by the city. Any movable fixture removed by the city hereunder shall be stored at the controlling entity's expense for a period of 30 days. The movable fixture shall be released upon a proper showing of ownership and payment of any and all storage charges. In the event the movable fixture is not claimed within the 30 day period, the movable fixture may be sold at public auction and the proceeds applied first to removal, administrative and storage charges, and the remainder, if any, then paid into the General Fund of the City. 6 ORD. NO. 43-93 (4) If the movable fixture is posted as abandoned and not removed within 7 days from the date of posting, or the City is not contacted by the controlling entity within .7 days from receipt of the order, the City may remove the movable fixture immediately. The City shall store the movable fixture for 30 days and if not claimed within that time, the City may dispose of the movable fixture in any manner it deems appropriate. 'If'the movable fixture is claimed, the entity claiming the movable fixture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not paid.within 15 days of claim being made, the City may dispose of the movabl~ fixture. (5). At least ten days prior to the pubiic auction, the City Clerk shall publish a description of the'. movable fixture, t~le location from where it was removed, and notice of the auction in a newspaper of general circulation in the city and shall provide the controlling entity identified on the movable fixture, or if other- wise known, with written notification of the auction by certified mail, return receipt requested. Provided, however, that the City Manager, or his designee, may dispose of the.movable fixture in any manner it sees fit, including negotiating the release of the movable fixture to the controlling entity for less than full payment of all storage charges if the City Manager or his designee is of the opinion that such disposal will be more advantageous to the City than auctioning off the movable fixture. (6) In the event the controlling entity/appeals the order to correct the violation, as provided for in /Subsection 6.3.3(H), below, then removal of the movable fixture shall be stayed pending final disposition of the appeal, which final disposition shall include any judicial review. The city shall reimburse the con- trolling entity any storage charges paid pursuant to an order issued by the city in the event the decision on the appeal is rendered favorable to the controlling entity. (H) Appeals: Any person or controlling entity aggrieved by any order, finding, or determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the hearing, the Board shall issue findings of fact and issue and order. The order shall be reduced to writing and signed by the Chairman of 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 order of the Board shall be effective when rendered. The order of the Board may be appealed as provided for by law. ~S~--The- use-ef-a- bench-for- advertising_ purposes ~s - Proh~bf~edr - Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance ~r any portion thereof, any paragraph, sentence, or word be declared by a court of competent Jurisdiction to be invalid, such 7 ORD. NO. 43-93 decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immedi- ately upon its passage on second and final reading. PASSED AND ADOPTED in regular session o'n second and final reading on this the l~th day of July , 199 3 · ATTEST: City Clerk --~- ' First Reading June 22~ 1993 Second Reading July 13, 1993 rev. 06/17/93 ?. 8 ORD. NO. 43-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM 9 ~O~ - MEETING OF JULY 13, 1993 ORDINANCE NO. 43-93/NEWSRACKS DATE: JULY 8, 1993 This is second reading of an ordinance which amends the city's code with regard to newsracks, benches and other unattached fixtures (defined as movable fixtures) within the right-of-way. Provisions of the ordinance include: * a requirement that all movable fixtures be located no closer than 15 feet to a fire hydrant; * provides for clear zones to extend 4 feet (2-1/2 feet under certain conditions) from a six inch high vertically faced curb and prohibits movable fixtures from being placed closer than 10 feet from the edge of pavement, or as far away as possible; * provides for a 40 ft. by 40 ft. sight triangle at all intersections where movable fixtures over 36 inches in height are not permitted; * prohibits the placement of movable fixtures adjacent to single family residences. The ordinance also removes the color requirement and restrictions which were placed on advertising. At first reading on June 22, 1993, Ordinance No. 43-93 was passed with a 5 to 0 vote. Recommend approval of Ordinance No. 43-93 on second and final reading. ref:agmemo7 ORDINANCE NO. 43-93 AN ORDINANCE OF THE CITY COMMISSION OFI THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.3.3, "NEWSRACKS, BENCHES, AND OTHER UNATTACHED FIXTURES IN THE RIGHT-OF-WAY", OF THE LAND' DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE APPLICA- TION OF THIS SECTION TO ALL MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY; TO PROVIDE FOR A DEFINITION OF "MOVABLE FIXTURE"; TO PROVIDE FOR THE DELETION OF SOD AS A PROHIBITED LOCATION FOR MOVABLE FIXTURES; TO PROVIDE FOR THE PLACEMENT OF MOVABLk. FIXTURES NO CLOSER THAN 15 FEET TO A FIRE HYDRANT; .TO PROVIDE FOR CLEAR ZONES TO EXTEND FOUR FEET FROM A SIX INCH HIGH VERTICALLY FACED CURB AND TO PROHIBIT MOVABLE FIXTURES FROM BEING PLACED CLOSER THAN !TEN FEET FROM THE EDGE OF PAVEMENT, OR AS FAR AWAY AS POSSIBLE; AMENDING SECTION 6.3.3(B)(6) "SIGHT. AREAS" TO PROVIDE FOR A 40 FOOT BY 40 FOOT SIGHT TRIANGLE EXTENDING ALONG THE ROAD SIDE EDGE AS ILLUSTRATED IN FIGURE 1; AMENDING SECTION 6.3.3(B)(7') TO PROVIDE FOR LOCATION MAPS AT CITY FACILITIES. DESIGNATING LOCATIONS WHERE MOVABLE FIXTURES MAY BE PLACED; AMENDING SECTION 6.3.3(B)(8) TO PROHIBIT .THE PLACE- MENT OF MOVABLE FIXTURES ADJACENT TO SINGLE' FAMILY RESIDENCES; REPEALING SECTION 6.3.3(C)(1)~ REPEALING SECTION 6.3.3(0); REPEALING SECTION 6.3.3(C)(2)(e); REPEALING SECTION 6.3.3(H); PROVIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has invested millions of dollars in installing and maintaining streetscaping and landscaping along the public rights-of-way within Delray Beach; and, WHEREAS, the City of Delray Beach is in the process of imple- menting its Decade of Excellence Bond program which will provide addi- tional funding of drainage, paving, and beautification of rights-of-way within Delray Beach; and, WHEREAS, the City Commission of the City of Delray Beach is desirous of providing safe traffic areas for pedestrians, bicyclists, and motor vehicles; and, WHEREAS, the City Commission of the City of Delray Beach wishes to improve the aesthetics of rights-of-way within its residential and commercial zoned areas; and, WHEREAS, the residential rights-of-way within the City of Delray Beach have not been designed to withstand constant traffic on the nonpaved section of the right-of-way; and, WHEREAS, the City Commission finds that vehicular traffic pulling onto swale areas on a continuing non-emergent basis causes damage to the swale area which negatively affects the aesthetics of the rights-of-way; and, WHEREAS, the City Commission finds that vehicular traffic pulling onto swale areas on a continuing non-emergent basis causes damage to the swale area which negatively affects the drainage capabili- ties of the swale area; and, WHEREAS, the use of newsracks and benches as signs is illegal in Delray Beach and damages the aesthetic quality of our residential, commercial, industrial, and open space neighborhoods; and, WHEREAS, the City Commission of the' City of Delray Beach believes that improving the aesthetics of Delray Beach's residential and commercial neighborhoods will improve the quatity of life for the citizens of Delray Beach; and, WHEREAS, the City Commission finds that damaged swale areas negatively affects property values adjacent to' such swale areas and rights-of-way; and, WHEREAS, the City Commission of the City of Delray Beach believes there is adequate areas of distribution'available. NOW, THEREFORE, BE IT ORDAINED BY THE .CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 6.3, "Use a~nd Work in the Public Right-of-Way", Section 6.3.3, "Newsracks, Benches and Other Unattached Fixtures in the Right-of-Way" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 6.3.3 News~acksT-Ben~hes-an~-Sthe~r'Unatta~he~-F~xtures-~n the-R~ght-o~-Wa~ Any news~aek?-ben~h-and-othe~-non-attache~-~xtu~e %he=e~npfte=-cokkectfvek¥-=efe~ed-to-as-umovable*fixtures"~ 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, or which is upon private property shall be locatpd and maintained in accordance with this Section. (A) Definitions. For the purpose of this subsection the following definitions shall apply unless the context clearly indicates or requires a different meaning. "Advertising Circular." Any publication that contains only advertising and no news reports. "Auxiliary Lane." A turn lane or on-street parking area. "Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic. "Controlling Entity." The person or entity responsible for placing and maintaining a movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a newsrack. "Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop prior to entering the intersection. "Movable Fixture." Any newsrack~ bench~ or other non-attached fixture. "Newsrack." Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news periodicals or advertising circulars. "Paved Surfaces." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks. "Public Agency." The ~t~?-~unt~?-~-the-state City of Delray Beachr Palm Beach County~ the State of Florida~ its subdivisionsr 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 2 ORD. NO. 43-93 include, but not be limited to, roadways, swales, bike paths, and sidewalks. "Roadway." That portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic. "Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use of pedestrians. Prohibited Locations: (1) Landscaped Areas: Movable fixtures s.hall not be placed or installed or erected on any landscaped area within an improved public right-of-way. The landscaped areas'~ include, but are not limited to, those areas in which the following ground cover materials are placed: (a) ~b~ Decorative plants, or (b) ~ Native plants maintained to match the surrounding flora. (2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to obstruct the use .of any public utility pole or structure. These areas are defined designated as follows: (a) Drainage structures: Movable ~ixtures shall not be physically attached, chained/ or bolted to any drainage structure, inlet pipe, or other physical object meant to carry water for drainage purposes; (b) Utility Poles: Movable fixtures shall not be physically attached, chained, or bolted to a utility pole; (c) Fire Hydrants: Movable fixtures shall not be located within R5 1--5 feet of a fire hydrant. (3) Traffic Control Devices: Movable fixtures shall not be physically attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be ~ef~ned desiqnated as follows: (a) Traffic signals. (1) Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole. (2) Movable fixtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fixtures shall be placed at least 36 inches away from such pedestrian traffic signal push buttons. (b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or chained to a traffic sign or post used for the support of a traffic sign or signs. (4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected directly on a paved surface which is intended primarily for the use of motor vehicles. 3 ORD. N0.43-93 %a~(5) Any mMovable fixture~ placed or maintained on a sidewalk shall leave a ~lear area for traffic of not less than 5-feet 40 inches. __ %b~(6) Any s~ovable fixtures which ks are. placed or maintained on a bike path shall leave a c~ear area fo-~--traffic of not less than 8 feet. ~5~(7) Clear Zones: Movable fixtures shall not be installed, placed or erected within clear zones as defi~ed in this section. clear zones are defined as follows: (a) The area measured within ~ve four feet of the face of a six inch high vertically.faced curb. Where the four foot minimum is impractic~l~ the minimum may b~ reduced to 2 1/2 feet. (b) In all other locations~ the movable fixture shall bn located no less than ten (10) feet away from the edqe of the pavement. If there is not ten (10) feel available~ the movable fixture shall be located a~ far away from the edqe of the pavement as pra~t~ca] possible. ~b~--The-area-from-~he-edge-of-~he-~rave~_~ane_on_~he adja=en~-roa~-~or-~he-~okkow~ng-~s~ances? Spee~-B~m~-e~-A~jaeent-Rea~ ....... ~s~anee ~8-mph-or-kess ..................... ~5-mph-or-grea~er .................. }8-~ee~ %e~--The-area-measure~-~rom-~he-e~ge-o~-an_aux~}~ary_}ane °f-~he-adjacen~-s~ree~-w~h~n-~he-~e~w~ng_d~s~anees? Speed-B~m~-o~-Ad~a=en~-R~ad ....... B~s~an=e ~8-mph-er-}ess ..................... ~5-mph-or-grea%er .................. ~6~(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 commencin~ 3 feet above the pavement elevation~ and encompass the trianqular area of property located al a corner f0~ ~nt~rsection of two or more une t~ir~ side bein a ' and ~ne C~s of the other two area ex~en~n ~r~m the '-~ ...... ~ ........ alined-as-the }SA-~rem~~he-e~ge-of-psvement_runn~ng_~or_}}5_~ee~_whe=e_~he_s~rae~ en-wh~=h-~he-newsra=k-~s-p}ace~-~oes_not_have_a_s~x_~n=h_ver~=akky ~a=ed-curby-or-t~at-area-exbend~ng_~rom_~he_~n~ersee~ng_s~des~ree~ and-a-garak~ek-k~ne-}5~_~rom_bhe_edge_o~_gavemen~_runn~ng_~or_~}8 fee~-where-the-stree~_on_wh~¢h_~he_newsra=k_~s_9}ace~_~oes_have_a 'Jx-Jn=h-vert~cak}y-~ace~-curb= ~%s__~ .th~.re uired ~istance shall be removed within the area shown in Figure 1. -- ~ -- Figurel (~(9) Other Areas: Movable fixture shall not be placed, installed, or erected in any of the areas defined in this section. (a) The area within 50 feet of any railroad track. (b) On any city property unless the location has been specifically pe~m~ed desiqnated by the City Manager or h~s-des&gnee any authorized representative. (1) The City Manager or the duly authorized City representative shall desiqnate locations at City facilities for the placement of movable fixtures. (2) The City shall prepare a map for each City facility lllustratinq the desiqnated locations for the placement of movable fixtures. The location Saps shall be available for inspection at the office of the City Clerk. (3) Movable fixtures which are placed at City facilities are subject to the same abandonment and enforcement provisions included in Sections ~E~ 6.3.3(F) and ~P~ (G) ~-the-~rd~nanee. Improperly placed movable fixtures shall be considered abandoned movable fixtures. (c) The area within the medians of a divided roadway. %8~(10) Movable fixtures shall not be placed on any roadway, bike path or swale area adjacent-swage-area in front of or to the side of a ~es~dent~a~-zened-d~str~cts-e~ single family residence within the City. (C) Standards for Newsrack Maintenance and Installation: ~--Ne-m~e-than-~ne-news~ack-centa~ng-the-same-~ss~e same-b~o~k-o~-~TG88-~eetT-wh~heve~-~s-the-~esser-d~s~an~e~-~n the-same-s~de-o~-the-st~eetT-pr.v~e~7-h~weverT-a-~mt~m~ meed-~s-determ~ned-t~-ex~stv--A-p~b~&~-need-ma~-be-esteb~shed p~ace-a-newsra~-at-the-pr~p~se~-~¢at~n-a~ter-n~t&~e-t~-the exceeds-~5-percent-~-the-~apa~t~-o~-the-news~SCkT-~he-p~b~c need-~s-estab~shed-and-the-add~t~ma~-mews~ack-ma~-rema~n-at ~R~ 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: (a~(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches in depth. ~b~(2) Coin operated newsracks shall be equipped with a coin return mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the newsrack is inoperable. At all times, the coin return mechanism shall be maintained in good working order. (c~(3) The controlling entity shall permanently affix to its newsracks a label which states a 24 hour operable 5 ORD. NO. telephone number of a working telephone service which the customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face, the name and address of the controlling entity in order to give the notices provided for in this chapter. ~d~D). The controlling entity shall maintain each newsrack movable fixture in a neat and clean condition, and in good repair at all times. ~e~--A~-newsra~ks-sha~-have-~-un~orm-~ght-b~wn f~n~sh~--p~ov~dedT-howeve~7-that-news~acks-ma¥-be-o~-an¥ co~o~-~f-the~-are-sh~e~ded-from-vSew-on-~h~ee-s~des-~n-a covering- buf~t- and- permitted- ~n.-'ac~rdance- w~th- the 6~ty~s-Bu~d~ng-~odev ~B~--Restr~tfons-on-Adve~t~s~n~: purposes- ~the~- than- that- perta~n~n~- to- the- p~hase-of-the-newspaper-~r-news-per~d~a~s-ss~d-~-d~str~buted there~n?--~n~-one-~-adve~t~sfn~-s~gn7-ngt-ex~ee~ng-tw~-sgua~e ~eet-~n-a~ea?-ma¥-be-p~a~ed-~n-a-news~a~k~--fn-add~t~n-t~-the newsrackT-the-name-of-the-p~bffcat~n~--~he-name-~f-the-p~bffcatf~n ma~-be-d~sp~a~ed-~n-~etter~ng-no-~reater-than-f~u-~n-hefght~ (S~(E) The use of a bench for advertising ~urposes is strictly prohibited. ~)(F) 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 (G) below for movable fixtures in violation of the provisions of this subchapter. (2) If the controlling entity is not identified on the moveable fixture, it will be considered abandoned and posted as such. (G) Enforcement; Correction of Violation: (1) Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used, or maintained in viola- tion of Section 6.3.3, an order to correct the violation shall be issued to the controlling entity. (2) The order to correct the violation shall specifically describe the violation and may suggest actions necessary to correct the condition or violation. Such order shall be mailed by certi- fied mail return receipt requested to the controlling entity. (3) Failure to properly correct the violation within 15 days a~ter-the-ma~ng-date of the receipt of the order, shall result in the offending movable fixture being removed by the city. Any movable fixture removed by the city hereunder shall be stored at the controlling entity's expense for a period of 30 days. The movable fixture shall be released upon a proper showing of ow~ership and payment of any and all storage charges. In the event the movable fixture is not claimed within the 30 day period, the movable fixture may be sold at public auction and the proceeds applied first to removal, administrative and storage charges, and the remainder, if any, then paid into the General Fund of the City. 6 ORD. NO, 43-93 (4) If the movable fixture is posted as abandoned and not removed within 7 days from the date of posting, or the City is not contacted by the controlling entity within.7 days from receipt of the order, the City may remove the movable fixture immediately. The City shall store the movable fixture for 30 days and if not claimed within that time, the City may dispose of the movable fixture in any manner it deems appropriate. 'If'the movable fixture is claimed, the entity claiming the movable fixture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not paid.within 15 days of claim being made, the City may dispose of the movabl~ fixture. (5) At least ten days prior to the pqb~lc auction, the City Clerk shall publish a description of the. movable fixture, the location from where it was removed, and notice of the auction in a newspaper of general circulation in the city and shall provide the controlling entity identified on the movable fixture, or if other- wise known, with written notification of the auction by certified mail, return receipt requested. Provided, however, that the City Manager, or his designee, may dispose of the movable fixture in any manner it sees fit, including negotiating the release of the movable fixture to the controlling entity for less than full payment of all storage charges if the City Manager or his designee is of the opinion that such disposal will be more advantageous to the City than auctioning off the movable fixture. (6) In the event the controlling entity/appeals the order to correct the violation, as provided for in /Subsection 6.3.3(H), below, then removal of the movable fixture shall be stayed pending final disposition of the appeal, which final disposition shall include any judicial review. The city shall reimburse the con- trolling entity any storage charges paid pursuant to an order issued by the city in the event the decision on the appeal is rendered favorable to the controlling entity. (H) Appeals: Any person or controlling entity aggrieved by any order, finding, or determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Delray Beach. The appellant' must effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least 7 days written notice of the tame 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 issue findings of fact and issue and order. The order shall be reduced to writing and signed by the Chairman of 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 order of the Board shall be effective when rendered. The order of the Board may be appealed as provided for by law. ~S~--The- use- of-a- bench-fer- advertising-~u~oses- ~s s~r~ct~y prohibited= - Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. 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 7 ORD. NO. 43-93 decision shall not affect the validity of the..remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immedi- ately upon its passage on second and final reading. PASSED AND ADOPTED in regular session On second and final reading on this the __ day of ., 199 MAYOR ATTE ST: City Clerk First Reading Second Reading. 8 ORD. NO. 43-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER ORDINANCE NO. 45-95 DATE: June 18, 1993 This is the first reading of an ordinance amending the City's Code with regard to moveable fixtures within the road right-of-way. Provisions of the ordinance include a requirement that all moveable fixtures be located no closer than 15 feet from a fire hydrant; sets up a 40' by 40' site triangle at all intersection where moveable fixtures over 36 inches in height are not permitted; and, limits placing more than one newsrack within 1,000 of another newsrack. The ordinance also removes the color requirement and restrictions which were placed on advertising. The City Attorney's office is still studying options regarding the repair of swales for damage caused by the placement of moveable fixtures. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 43-94 on first reading. If passed public hearing July 13th. CITf aTTORNEY'S OFFICE TEL'No. 407 278 4755 Jun 18,93 13:35 P.02 £1T¥ JIF [IELRR¥ BEI:I£H (4071 Date: June 18, 1993 · o: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Revisions LO section 6.3.3 "Newsracks, Benches and Oth,r Unattached Fixtures in the Rlqh~-of-Wa¥" This ordinance revises the movable fixture ordinance which regulates the placement of newsracks, benches and other unattached fixtures within the Cltyes rights-of-way. The Commission has reviewed these revisions previously and this memo will briefly describe the specific revisions. On Page 3 of the ordinance, the City will now require that all movable~f/~tures be located no closer than 15 ~ee~ from a fire hydrant. In area~ where there is & 6 inch high vertically faced curb, the newsrack may be placed no closer than 2 1/2 feet ~o the curb. In areas where there is not a vertically faced curb, the movable fixture shall be located no closer than $0 feet from the edge of the pavement where 10 feet is available. Th£s ordinance sets up a 40' by 40' sight triangle at all ~ntersect$ons where movable fixtures over 36" in height will not be permitted. The ordinance also sets forth a procedure whereby the City Manager or his designee will desigfl maps showing locations where movable f~x~ures may be located at City facilities. Finally, ~his ordinance deletes the limitation of placing more than one newsrack within 1,000 feet of another newsrack, and also removes the color requirement and the res~r£c~ons which were placed on advertising. I~ is this Office's opinion that adoption of the revisions to the movable fixture ordinance will likely withstand a constitutional challenge if one is brought. Our office is still ztud¥Ing options regarding the repair of swales for damage caused by =he placement of movable fixtures, and the possib£1it¥ of obtaining reimbursement from the company or orpani~ation who places the movable fix=ute there. CITY ATTORNEY'S OFFICE TEL.No. 407 278 4755 Jun 18,93 13:$6 P.03 City Commtee£on June 18, 1993 Page 2 If yOU have any questions regarding th~s matter, please do not , DNT~sh Attachment cc~ David Harden, C~ty Manager tiT? ~YYORNE¥'$ OFFICE TEL.N0. 40? 2?8 4?$$ Jun 12,95 13:36 AN O~INANCE OF TH~ CITY COMMISSION OF ~I~E CI~"Z OF DELRA¥ BEACH, FLORIDA, A~EHDINO SEC?ION 6.3.3~ "NEW$~C~S~ BENCHES, A~ O~HER ~A~ACH~D F~XTURE$ ~N ~HS R~HT-OF-WAy"~ OF ~E ~ DEVE~PNEN~ REGU~ZONS OF ~HE CODE OF O~XN~CE$ OF THE CrTY OF DE~Y BZACH~ F~RZDA, ~ PROVIDE ~R ~E ~PLICA- TZON OF THIS SECTION TO ~L MOVABLE F~X~ES WITHIN THE RZGHT-0F-WAY; ~ PROVIDE F~ A DEFINITION OF "M~ABLE FZXTU~"; TO PROVIDE FOR ~E DELETION OF SOD AS A PROHIBITED LO~TION FOR MOV~ ~ PROVIDE FOR THE P~CEME~ OF M~ABLE FZX~ NO C~$ER T~ 1~ FEET ~ A FIRE HYD~ ~ PROVIDE FOR C~EAR ZONES ~ ~XTE~ FOUR FEET FR~ A SIX INCH HiGH V~RTIC~LY FACED CURB ~D ~ PROHISIT MOVABL~ FIXTURES FROM BEING P~CED C~S~R T~ TEN F~ET FROM THE E~E OF PAVEME~, OR AS FAR AWAY AS POSSIBL~; ~ENDING SECTION 6.3.3(B)(6) "S~G~ AREAS" PROVIDE FO~ A 40 FOOT BY 40 FOOT SZG~ EXTENDIN~ ~NG THE ROAD SIDE E~E AS ~LLUST~TED IN FIBRE 1; ~ENDIRG S~CTION 6.3.3(8)(7-) ~ PROVIDE FOR ~AT~ON ~PS AT CITY FACILITIES DESIGNATING ~ATIONS ~E~ MOVABLE FIX~RES ~y BE P~C~D; ~E~IN$ SECTION 6.3.3(B) (8) TO PROHIBIT ,THE P~CE- MS~ OF MOVABLE FIXTU~S ADJACENT ~ SINGLE F~ILY RESIDENCES; REP~ALIN~'S~CTION 6.3.3(C)(1]% ~EP~A~ING S~CT~ON 6.3.3(0)~ RZP~N~ SECTrON REPE~N~ SECTION 6.3.3(H); PROVIDING A R~PEALE8 C~USS, A SAVING CLAUSE, A~ ~ EFFECTIVE DATE. ~ER~S, t~e c~y of ~ray Be~ch hal ~nvesbed mll~ons o~ dollars In 1no,lng and maintaining streetocap~ng and landscapln9 ~long the public r~ghts-o~-wa~ within ~lray Beach~ ~nd, WHE~AS, the C~y of Del~ay Beach ~S ~n ~he process of ~enting ~tl Decade of Excellence Bond program which will provide addi- tional funding o~ drainage, paving, and beauklf~ca~on of r~ghte-0f-way ~IE~A8, ~he C~y CO~isl~on of ~he C~t~ of ~r~y Beach and motor vehicles; and, , . ~ _ ~AS, .~he C~y ~eslon of the C~ty of ~lray ~ach ann c~erc~al zoned ~re~Sl ~nd~ ~EREAS, Che reiLaent~l r~ghts-of-wa ~onpa~ ,action of the ~ght-o~-va~ an~: .... ~-~ ~n~anc traffic on the ~R~AS, the C~t~ CoB~ll~on finds t uamage to ch~ swale - ...... .4-. ~_~--~nu~ng no~-e~rgent basis c~uses righ~s-o~-way~ ~nd, .... ----,, n~ga~ively aZ~ects the aesthetics Of the ~[~S, the Ci~y Co.lesion iinds that v pulling on~o s~ale are~. o ............. -hlcular ~ra~tlc .. - ~vnv~nu~ng n0~-~sl[glnt btl~l ~4mage ~o the swale area which nega~vel affec cles of the swale a~ea; and, Y ts the drainage capabllI- ~EREAS, ~he u~e o~ ne~a~acks and benches as sigma Il illegal In Del~ay Beach and damages ~he aelChe~Ac gualA~ o~ our resAden~lal, co~eccial, industrial, and open space nelBhbo~hoodl) and/ CITY'RTTORNEY'$ OFFICE TEL .No. ~07 278 4755 Jun 18,93 13:37 P.05 WHEREAS, the CI~y Co~lsslon of ~he City of Delray Beach believes that improving the aesthetics of Delray Beach's residential end commercial neighborhoods will improve the quality of life for the citizens of Dolra¥ Beach; and, WHZREAS; the City commission [inds that damaged swale areas nepativel¥ affects property values adjacent to such swale areas and £1ghts-of-wey; and, WHEREAS, the City Commission of the City of Delray Beach believes thsre is adequate areas of distribution available. NOW, THEREFORe, BE IT ORDAINED BY TME CITY COMMISSION ~F THE CITY OF DELRA¥ BEACH, PLORIDA, AS FOLLOWS= Section 1. That A:L~cle ~.], "Use and Work in the Public ~lgh~-of-Wa¥"~ Section 6.3.3, "Newsracks, Benches and Other Unattached Fixtures in the Right-of-Way" of the L~nd Development Regulations o~ the Code of O=din&nces o~ the C~t¥ of belra¥ Beach, F~orida, be, and the same ia hereby emended to road as follows: .he-Righ~-ef-Way, Any news~ck;-befleh-a.d-o~h~r-nofl-a~a~hed-~ix~u~e ~AegeAflaf~e=-co~ee~,ve~y-re~erred-~o-as-"movable ~n who~e o~ in par~ upon, or on any portion of ~he pubAlc r~gA~-O~-wey O= which p=o]ec~s onto, 1~%to, or over any part of a public right-of-way, o~ which is upon private property shall be located end maintained accordance with this Section. {A) De£1nitions. ~or %he purpose o! this subsection the follow~ng deginAtions shall apply unless the context clearly indicates ox ~equA~ea. a dl£feren~ meanin9. "Adv~ing Circular." Any publication th&t con,&ins only adve~Cia~ng and no news reports. "Aux~lia=y La.~," A turn lane or on-lares% perk~ng area. "Bike Path." That portion of a ~Agh%-of-way dellgned, o~ ordinarily used for bicycle traffic. "C~n~rollAn9 Entity." ~he person o~ enmity relponelble. £or placing and main~alning a movable fix=ute, the owner of ~he movable fAx~ure/ or the publisher of the newspaper vended within a newerack, "ln~e=sectln9 S~destree~." Amy roadway or driveway on which tra£~Lc ~a required to stop prior to entering the intersection. "Mov~b~9. Flx~u~e." 6~y news=ack, ~ench~ o= o~her n,n~.,ttached , "Newsr&ck." Any ~el~-.service or coin-operated bOX, container, storage unit, or o~her dispenser /nstalled, used, o= maAn~ained for the display, sale, or dis~rlbu~£on of newspaper or other news periodicals or udver~lling c/rculars. "Paved Sur~au,~." A,~y hard mal~ta£nod surface used or builn for ~he pUrpOSe Of transporting vehicles, bicycles or pedestrians. Surfaces sha~l include, but not ~e limited %0, asphalt, ~oncrete, paver block, tree grates and/or rock~. "Public Agency," The c~t~¥-¢oun~Fy-e~-%ho-S~e~e ~ity of Qal~y BeaCh~ Pa.~m Beauh C:ou~%y, Lhe Sta~e of Florida/ its subdivisions/ ..~epar~Ments or authoriz--~., q.ent~. _:_. "Right.of-Way." Al! :hat area dodlcated ~o public use or o~herwise owned by ~ ~ub]i¢ ag~,:y for public street purposes and shall 2 ORD. NO. CITY ATTORNEY'S OFFICE TEL-No. 407 278 4755 ]un 18,93 13:38 P.06 lnclude, but n6% be limited %o, roadways, swales, bike paths, and "Roadway." Tne~ per,ion of a right-O~-way improved, designed, or ordinarily used for vehicular "Sidewalk." Arty surface wiLhin a rlpht-of-wa¥ provided for the exclusive Or primary use of (1) Landscaped Areas: Movable ~ixtures shall no% be placed or installed or erected on any landscaped area wtthl~ an improved public right-of-way. The landscaped areas include, but a~e not limited to, those areas in which the following ground cover materials ere placed: ~b~ Decora~ive pla~s, or to9 Native plants malnnained to match the surrounding flora. (2) Publi~ UtilitieS: Movable [lxtures shill not be placed, Installed, or erected to obstruct the use of any publLc utility pole or structure. These a~eae a~e ~ef~ned desl~nate~ al follows: physically attached, cha&ned~ or bolted to &ny dralnaqe structure, lnle~ pLpe, o~ other phys/cel (b) U~ility Poles: MOVable fixtures shall not be I ....... phySicall~ attached, chained, or ~lt~ to a utllit~ ~ pole; (c) Fire ~yd~inta: ~vlble ~ixcuret shell not located within tS 1~ feet of a fire (3) Tra~Lc Con~rol ~vAces= Morale ~ixtu~os shall ao~ physically attached, cha~ned~ bol~ed, or erec~ ~o obs~Fuc~ the functLon cE ~=a~f[c sLgnall, t~a~fic si~e or ~vemen~ M~kAnqs. These e~eao shall be def,~ed design,%ed as (~) ~ovable ~Ax%ures shall no~ be a~ac~ed, bol~ed, o~ chained ~o a ~ra~[ic .LgaaX ~ole. (2) Movable ~Ax~u~es ~hall no= be plac~ In such a manner which obe~c~a ~he f~ee pedestrian flow to and f=om a pedestrian ~raffic signal pus~ button, la order ~o allow for ~he free pedestrian flow, and handicap access, to and ~=om pedes~rian ~raffic signal push bu~ons, movable fixtures s~all be placed at leas~ 36 Inches away from such pedes=rian ~raff~c signal push b~ons. (b) Traffic signs. Movable fixtures shall ncc physically at~ached, bolted, or chained to a ~raffic sign or post used for ~he suppor~ of a traffic sign or (4) Paved Surfaces~ No moveable fixture shall be placed, primar~ly for the use of mo:or vehicles. 3 ORD. NO. CITY ATTORNEY'S OFFICE TEL.No. 407 278 4?55 3un 18,95 13:38 P.07 &nchp.. (b)(fi) Aa~ s~ova~l. ~lx~ure~ which *. ~ ~laced or maid.tined on a bike path shall leave a clear &rea for ~raffic of not ~han 8 ~eet. (5~.(~) Clear Zone~; MovaDle fixtures shall not be ~laced or erected wi%bin c~uar zones as defined In this section. clear zo~em are define~ ms follow~: of a six inch h~gh vertically faced curb. Where the fou~ f~o~ minimum IS lmp~ac~caX~ the mtnim~ reduced ~o 2 1/2 ~ee~. In all 9=her loc~%lons~ :~e..~vaMle f~x~re .shall l~) located no les~ ~han ~9~ (I0) ~9~ away. ~ available, the ~ovable ~ture ~hall ~ ioca~ed ~.a=. ~a~_fr9m =he edqe of ~he ~gvemen~ as ~a~t~ea~ ad ~ ace n ~- ~oaa - ~ e r - %he - f~ ~ ~ow* n~ - d ~ l ~aneea t / ~e-mP~-'e=-~es s--L .................. t~-~ee~ f.~--~he..a~ea-measa~ed-~zom-~he-~e-ef-aa-aax~ia~- a~tached, lns~allad O= erec=ed within the s~gh~ areas defAned this Gec~lo'n. For purposes of ~his section, sigh~ areas extend vertAcally from a point co~wenc~nq 3 fee~ a~ve the pavemen~ eleva:Aon, aD~ encompass ~he =~ianqu%%~ area of property located a .corner formed bY ~he ln~ersect%o.n of ~Wo or ~=e public ~lway. wi~h ~W~ sides o~ ~he ~Nianaular.,rea e~end~aa for~y lines. (see Flqure 1). ' S~gk~-a=eas-a~e-fa~hez'deffined-al-~h, a~ea-eX~ending- ~em-~he; ~a~e=see~ ~ng- sidel~zee~-and-a-Da~a~tei-~ne ~ 5~- f=e~- ~he-ed~e -o f -pavement- ~,nni ag- ~e=- ~ ~ ~ - ~ee~ ~m~ed-sa~b7 -o~-%ha~-a~ea-ex~ead~m~- f~ea-~he- ~a~e~se~ng-s~dea~zee% and-a-pa~a~e~ - ~ne- A5 A- f=em- ~he-edge-of-pavemen~-~unn~ag- ~o~-~e ~ee~-wheze- ~he- s~ee~ - ~n-w~eh- ~he-news=aek-~-p~aced-d~el-have-a a~x-~aeh-vez~ica~M-~aced-ea~b~ A%l obs~uc.~lon~ ~o the. zequ~ed ~l~h~ ~is%ance shall be removed wi%him ~he a~a ~.hown ~n .~igu~e - ' ' -" ~i~ 1 4 O~. CITY aTTORNEY'S OFFICE TEL.No. 407 278 4755 Jun 18,93 t3:39 P.08 installed, o~ erected in any o~ the areal delined in this section. (a) The.a=e& w~thia 50 fee~ of any r&il=oad ~rack. specifically ~e~it~ed ~ by bhe City z _aais . u.hor C t. ~o~ '~'tLon the · 0 3 ~ova f~x wh .. . and ~~ v~ (c) The 4rea within ~he metlanl el divided roadway. t85(~0) Novable flx~urel shall not ~ pllc~ on any roadvay~ bike path o: lval. area ad~aeeat-svale-a~ea ~ on~ of o to the side or-ed~e,en-of-~e-s~e-pub~tea~on-fha~.~-~oeat~-wLth~n-~he .ame-bieek-o~-t~eOe-feetr-whiahever-~s-~he-AesIe~-d~ItaaeeT-o~ ~he-s~e-s~de-ef-~he-o~ee~7-provid~F-h~everT-a-e~fl~roi~*ug en~W-may-~oea~e-,eworaako-e~ooer-~o-aa~h-~heF-~f-a-pubA,e aeed-~e-de~e~m~aed-~e-ex~suT--A-pub~,a-fleed-My-~-eo~a~shed eon~=oi~ing-eneAty-deo*=ing-~-ea~ab~ia~-a-pub~A~-need~-ma~ peF~7-~e-ave~age-e~reu~a~on;fFea-~-news~a~k-e~a~s-o~ exeeeds-~S-~eea~-of-ehe-eapa~iW-of-~he-fl~s~aekF-~he-pubi~e fleed~s-es~ab~shed-aad-~he-addt~,ofla~-ae~raek-may-~J~-a~ or ove~ any public p~oper~y or right-of-way shall comply wl~h ~he [ollowin9 standlrds~ ~eight, 40 inches wide, or 24 inches ~ndep~h. a coin return mechaniIm to pe~A~ a ~rlon wishing to purchase a newspa~= or periodical ~o secure an A~edla~e refund In the even~ ~he newlrack Is inoperable. Ak all times, ~he coin return mechanism good working order. te~13) The con~rolling en~i~y shall pe~ane~ly affix 0~. CITY' RTTORNEY'S OFFICE TEL'No. 407 278 4755 fun 18,93 13:~0 P.09 customer may call Co report a malfunction, o~ to secure I refund In the event of a malfunction of the coin return mechanism. The label shill felture clearly on its face, aha nlme and add,ess o~ the contro~l~n~ ent£t¥ in orde~ to 91ye ~he no~£ces p~ovided ~or in this · Ida(D} The conb~ollin9 entity shill maintain elch newsweek movable f x~_~'An a nelC and Clean condition, and ia good replAr a~ all ~ fin~sh~--~evided?-he~eve~7-tha~-ne-sracks-a&~-be-of-a.~ ~ever*n~ - b~,~- and- permitted- ~n- accordance- v~h- p~poses-ethe~- than-.aha~-pe~e*n*ng ~ ~e- ~he-d~ap~ay~- sa~e- oF pu~chase-of-~Ae-newspape~-o~-news-pe~odAea~s-so~d-e~-d~s~bu~ed ~he~e~n?--efl~¥-one-t~t-adyere,s~flg-s*gn~'noe-e~eeed*ng-~wo-squaFe fee~-~n-a~eaF-may-be-p~aced-en-a-news~eekT--Ufl-add~*on-~e-~he ~ews~ack?-~he-name-of-~he-pubitca~ionv--~he-name-of-the-p~b~ieatien ma~-be-d~sp~ayed-~fl-~o~er~ng-ne-g~eatez-~haa-*2"-~n-he,gh~ / ~e~.(~l The use o£ a ~ench for adver~Ising ~urposes is prohibited. t~)(F) Abandonment= (1) In the even~ a news~ack remlLns empW for a pe~iod of 30 '. continuous%d~s, l~ shall bo dtemed abandoned, and mly be trelted in the same manner as provided in (~) below for movable fixtures in v~ola~lon of ~he provisions o£ this subcha~er. (2) ~f Chi CO]~L~oll~ng en~ty ia no~ lden~lfied on the moveable f~x~u~e~ it w£11 be considered abandoned and posted as SuCh. (G) Eniorc&ment; Corre¢~£on of (1) Upon d.t~rmina~on Dy a COde ~nforcemen~ Officer Chat a movable fixture has been ~nitalled, used, or maintlined in viola- tion of ~ection 6.3.3, an order to correcC the viollt£on shall be issued to the controlling entity. (2) The order =o correct ~he violation shall specifically describe the viola=~on and may suggest actions nocessaL~/ to correct the condition or violation. Such order shill be mailed by fled mail return receipt requested to Chi controllin9 en~At~. (3) Failure ~o p~ope~ly correct ~he Pffend~ag-eend~tofl-o~ violation within 15 dlys af~eF-~he-ma~,ng~dete o~ tho receipt of the order, Shall result in the offending movable'fixture being removed by Chi city. Any movlble fixture removed by the city hereunde~ shill be s~o~ed at ~he c0d~rolllflg ontit¥'s expense for a period sE 30 dayl, The movable fAx~UFe shill bo released upon a prope~ showing of ownership and paymant o~ any and all eto~age chlrges. In the even~ the movable fixture ia not claimed within the 30 day period, ~he movable fixture may be sold a~ public auction and the proceeds applied ~lrS~ to rtmoval, adm~nAstr&kivo ..... and storage charges~ and the Femainde~, i~ iny, then paid in~o the General Fund of the Cl~y. ,~. 6 OKD, NO. CI~ RTTORNEY'S OFFICE TEt'No. 407 278 4755 3un (4) If the movable fixture ts .posted as abandoned and not re~toved within 7 days f~om the date of posting, o~ the City .is not contacted by the controlling entity within 7 days from receipt o~ the order, the City may ~eaove the movable £1xture ~he Cl~y shall store t~e ~ovable fixture fo~ 30 days and Il not claimed within that time, the C~ty may dispose of the ~ovable Ls claimed, ~he entity claiming the movable f~xtu~e shal~ pay all ~e~ova$, ad,in&sera,LYe and storage charges prLo~ to reZease b~ng made~ the CI~y may d~spose o~ ~he movable flx~e. (5) A~ ~a~sg ten days ~o~ ~o t~e pub&lc auctloa~ ~ha Cl~y Clt~k Ihlil publish a description of t~e movable ~ixtu~e, the local/on from wh~re It wes removed, and notice o[ the auction in a ne~pa~ of gene~&l circulation ~n the c~ty and shall p~ov~de cont~oliing enmity identified on the movable [lxture, or II o~her- wise khan, with w~i~ten notification of the ~uction by certified mail, ~etu~n ~eceipt ~equest~. ~ovided, however, that the City manne~ l~ sees ~i~, l~cluding nego~iating the ~elease of the movable fixture ~o the =on~rolling entity fez lees than full pa~ent of all l~o~age cha~gls, i~ ~he CA~M Manage~ or his designee la o~ ~he opinion that I~ch dll~lal ~ill-be more advantageous the Cl~y than auctioning o~f:~he movable ~lxtu~e. (s) In ~he even~ ~he controlling en~l~y/appe~le ~he o~der to co~ect the violation, as p~ov/ded [o~ ~n IlubsectLon belo~ then ~emoval o~ ~hl movable ~lxtu~e shall be stayed pending final dls~itlon o[ the ap~ll~ which [inal disposl~lon shall /nclude anF ~adlctal review. ~he clt~ shall ~elmbu~se the con- ~olllng encltM any sto~age c~ges ~Ad ~rsuant ~o an o~de~ lss~ed by the city An [he even[ the decision om the appeal is '. ~ende~ ~able go ~he con~ollln9 entity. (H) A~ala~ ~y ~=aon o~ con~olling entltZ ag~teved by any o~de~ ~lading, o= de~e~lnag~on, taken u~e~ the pzovls[oae of En~o~cemen~ ~o~ ~o~ ~he Cl~y o~ Del=ay ~ach. ~he apgellam~ mus~ ~he appellant p~rsua~t to this o~dinance. In o~der to ef[ect the ap~al, ~he ap~llant must dellve~ thel~ le~ter of appeal, b~lefly ~a~Ang ~he baa~, of ~heir ap~al~ ~o ~he Clerk of the Code Enforcement ~rd. ~he C~e Enforcement Board shall hold a hearing on ~he appeal la,er ~han 30 daM* following ~he recaip~ of ~he letter of appeal, unless ~he ~rCAes mutually agree to an extension ~hereo~. The ap~llan~ shall be given a~ leas~ 7 days written no,Ace of ~he tame and place of the ltearlng. ~he ~=ard shall g~ve ~he ap~ll~n~ and *nM o~her interested party a reasonable op~r~unLty to ~ hear~ ~n o~er Co sho~ cause 'the KLxture As not violating this o~inance. ~ the conclusion o~ hearing, the Board shall Issue 2imdlngs of fac~ end issue and or,er. l)oard and Ziled ~n ~he O~fice o~ the CL~y Cle~k within 15 days et the hearing and ~ copy shall be sent to the appellant. ~he order et the 2oard shall be ei~ectlve when rends=ed. The ernst of the Board may be ~ppealed am p~ovlded fo~ ~ law. S~t~ 2. ~h~ ill o~L~lncll o~ pa~ts o~ ordit~ances which ~:e in confl~c: ~erewl~h a~e here~y ~ction. 3. ~hat Ihoul~ any sectio~ or prevision of this ordin~nce o~ any por~on thereof, a~y pa~agraph~ sentence, o~ word be ~scla~ed by a co~ o~ compe~en~ ~zisdic~lon to be invalid, such ? UED. NO. dec£sion shall ~o~ a~ect the Yalidit¥ of ~he ~em&~n~e~ he~®o£ a~ & Se¢~on ~, ~ha~ ~h~s o~d~nance ~h&~ become e~ec~ve ~mmed~- upon ~ ~ss~ge on second ~nd ~n&l reading. PASSED AND ADOPTED £~1 ~u~ar se~£on on ~eco~o and final &e~d~ng ~n th~s the --..--- day of ..., 19~ . . MAYOR ATTEST: 8 ORD. NO. CITY OF DELRI:IY BEIIgH (4.0'/) 243-'7090 MEMORANDUM RECEi VED Date: May 17, 1993 CITy _MllNanr°'~ 0F£1c£ To: City Co~ission - . From: David N. Tolces, Assistant City Attorne~ Subject: Revisions to Newsrack Ordinance The City Commission, at its April 27, 1993 meeting, granted an extension of time during which the newsrack ordinance would not be enforced. The Commission granted an extension of time until May 25, 1993. Following another meeting with the newspaper representatives, and Commissioners' comments, it is suggested that this item be placed on a workshop agenda in order to clarify some of the changes which are to be made to the newsrack ordinance. Therefore, at this time it is necessary that we~equest an extension on the enforcement abatement period until after a workshop meeting can be held and an ordinance can be passed. It is anticipated that the newsrack ordinance will be on your June 8, 1993 meeting. Therefore, the enforcement abatement should be extended until June 30, 1993. This would allow for a workshop meeting to be held, the ordinance presented to the Planning & Zoning Board for review, and two readings before the City Commission. If you have any questions regarding this item, please call. DNT:sh cc: D~.V~_~' ................ y Manager Lula Butler, Director of Community Improvement David Kovacs, Director of Planning & Zoning Cheryl Leverett, Executive Assistant a - 06/24/93 10:41 ~407 243 3774 CITY/DELRAY BCH. ~001 ! :~ P1)BL~ HEARJNG ~ll ~ ~1~ ~ t~ ~1~i~ ~ ~dina~ at mi~m), ~ T~y, Ju~y 13, I~, in t~ CiW Comml~ C~am~s, ,~ TRANS~ l S~ 1 ON OK N,W. I~ A~, ~ay Be~, at ~ich ti~ ~e C~ COmml~i~ will m~ina~ may ~ ~ at ~ ~ f~ ~ ~ C~ CI~ at ~ CIH Hall 1~ N.W. 1~ Av~, ~lray F~i~, ~ ,:e ~.~. ,0 s:~ e.~., CONNECT I ON TEL 3384&49 ~. All ~r~t~ ~ are invlt~ ~ I~ a~ ~ ~rO w~ r~t to ,,..~o~i~.. CONNECT i ON l D G3 ~. O~,.A.C~ ~ ~.~ C,~V c~ START T 1 HE 06/24 10: 39 MISSION'OF THE CiTY OF DELRAY aac,, FLORIDA, ~ENDING SEC, ?ION a,3,3, ~EWSRACKS, ES, AN OTHER UNA~RCHEDr FiX- USAGE T 1 HE 01' 32 TURES IN THE RIGHT~F~AY, OF BEACH, FLORID~ TO PROVtOE FOR THE APPLICATI~ OF THIS SECTION TO ALL ~VABLE FIX- TURES WITHIN THE R~HT~F~AY; TO PROVIDE FOR A DEFINITION OF ~VABLE F~X- TURE~; TO PROVIDE FOR THE LETI~ OF ~D AS A PROHIBITED TION 633(0);,~,/e) ~.EPEALING J REPEALER -~u-' E~FECTWEJ DATE FROM: CITY OF DELRAY BEACH/CITY CLEP~K'S OFFICE N~E OF SENDER: DATE (S) OF PUBLICATION: ~ -- ~P-~ -- ~ ~ TOTAL NUMBER OF PAGES: ~ (including cover sheet) DATE SENT: ~3 PHONE NUMBER: ~ ~3 - 7~ ~~ If you do not receive all the pages, please call as soon as possible and ask for individual (sender) noted above. The following information is to be filled out by the recipient. Received By: Date & Time: Confirm Publication Date(s): Name of Individual Receiving Document(s): Please return fax a copy of this cover sheet with the above information completed to Fax No. 243-3774. Thank you for your cooperation! THE EFFORT ALWAYS MATTERS NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed Ordinances at 7:00 P.M., (or at any continuation of such meeting which is set by the Commission), on Tuesday, July 13, 1993, in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, at which time the City Commission will consider their adoption. The proposed Ordinances may be inspected at the Office of the City Clerk at the City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, from 8:00 A.M. to 5:00 P.M., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed Ordinances. QRDINAN~E NQ, 4~-9~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.3.3, "NEWSRACKS, BENCHES, AND OTHER UNATTACHED FIXTURES IN THE RIGHT-OF-WAY, OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE APPLICATION OF THIS SECTION TO ALL MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY; TO PROVIDE FOR A DEFINITION OF "MOVABLE FIXTURE"; TO PROVIDE FOR THE DELETION OF SOD AS A PROHIBITED LOCATION FOR MOVABLE FIXTURES; TO PROVIDE FOR THE PLACEMENT OF MOVABLE FIXTURES NO CLOSER THAN 15 FEET TO A FIRE HYDRANT; TO PROVIDE FOR CLEAR ZONES TO EXTEND FOUR FEET FROM A SIX INCH HIGH VERTICALLY FACED CURB AND TO PROHIBIT MOVABLE FIXTURES FROM BEING PLACED CLOSER THAN TEN FEET FROM THE EDGE OF PAVEMENT, OR AS FAR AWAY AS POSSIBLE; AMENDING SECTION 6.3.3(B)(6) "SIGHT AREAS: TO PROVIDE FOR A 40 FOOT BY 40 FOOT SIGHT TRIANGLE EXTENDING ALONG THE ROAD SIDE EDGE AS ILLUSTRATED IN FIGURE 1; AMENDING SECTION 6.3.3(B)(7) TO PROVIDE FOR LOCATION MAPS AT CITY FACILITIES DESIGNATING LOCATIONS WHERE MOVABLE FIXTURES MAY BE PLACED; AMENDING SECTION 6.3.3 (B)(8) TO PROHIBIT THE PLACEMENT OF MOVABLE FIXTURES ADJACENT TO SINGLE FAMILY RESIDENCES; REPEALING SECTION 6.3.3(C)(1); REPEALING SECTION 6.3.3(0); REPEALING SECTION 6.3.3(C)(2)(e); REPEALING SECTION 6.3.3(H); PROVIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Pleased be advised that if a person or persons decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such person(s) will need a record of these proceedings, and for this purpose such person(s) may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such' record. Pursuant to F.S.286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH June 25, 1993 Alison MacGregor Harty City Clerk RATON~'DELRAY BEACH BOYNTON BEACH" DEERFIELD BEACH BOCA ~EWS Published Daily Monday through Sunday Boca l~aton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNT~' OF PALM EEACH A .UELIC H~R,~ wi, ~ ~i~ ~ ~in~c~ ~t 7:~ P.M.; ~ ~ ~y c~t~t~ Before the undersigned authority personally m,.~,, ~ ,~,, ~ ,,, ,~, ~ City C~m~ C~s, appeared Nancy Smith, Inside Sales Man- ~.w. ,.A,~, ~,~ ~ich t~ t~ C~ C~mi~ will ~r ~ir ~. T~ ager of The News, daily newspapers pub- lished in Boca Baton in Palm Beach County, ~ ,.w.. A~-, a~.,, FI~i~, f~m I:~ A.M. t0 S:~ P.M., Florida; that the attached copy of advertise- ~, ~ Friday exc~t ~li- ~. A t~t~ pa~i~ are invi~ ment was published in said newspapers in ~'"~"~ ~ ~-'.~ ~, ~ ~ ~dinenc~. the issues of: ~ ] /99 3 AN ORDINANCE OF THE CITY CO, MINION OF THE CITY OF DELRAY ~ACH, FLORI~, ~ENDING SEC- TION 6.3.~ 'NEWSRACKS, BENCH- ' ES, AN OTHER UNA~ACHEO FIX- ~ ~ ' 7URE$ 'N THE R,GHT~F.WAy OF THE ~ND DEVELOPMENT REGU- LATIONS OF THE CODE OF ORDI- nAnCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FORT~ APPLICATION OF THIS SECYION TO ALL ~VABLE TURFS WITHIN THE RIGHT.F-WAY; TO PROVIOE FOR A DEFINITION OF "~VABLE Fix- Affiant further says that The News is a TURE';TO~ROVIDEFORTHEDE. ~,o. o~ so~ ~s ~ newspaper published in Boca Baton, in said ~0c~,~o. ~o~ ~0v~ ~,x. ?URES; TO PROVIDE FOR THE Palm Beach County, Florida, Monday ~., 0~ ~w,~ ~,~. TURFS ~O CLOSE~ THA~ 15 FEET TO A FIRE HYDRANT; TO through Sunday, and has been entered as v,~ ~o~ c~, zo.~s ,o ~x- second class matter at the post office in ,~.~ ~ou. ~ ~, s,x IHCH HiGH VERTICALLY ~ACED CURE A~D TO PROHIBIT MOVAELE Boca Baton, Palm Beach County, Florida, ~,x,u,~s ~,0~ ~,~ ~c~ for a period of one year next preceding the ,.~ ~ o~ ~v~.,, FAR AWAY kS ~SSlBLE; ~EN~ first publication of the attached copy of FAS: T0 PROVIDE FOR ~ ~ F~T advertisement; and affiant further says that ,,. ~, s,~., ,~,~,~ ~x. he has neither paid nor promised any ~ ~s ,~us,.~,~ URE 1; ~ENDI~G SECTfON person, firm or corporation any discount, TION ~PS AT CITY FACILITIES OES~O.~T~.~ ~AT~O.S W.E~E rebate, commission or refund for the pur- ~o~,~ ~,~,u.~ ~, PLACED; ~ENDI~G SECTION 6.3.3 pose of securing this advertisement for pub- ~,,~,~ ~0 ~o.,~,~ ~.~ ~.~ o~ ~o~s ~,x~u~s lication in said newspapers ~c~., ~o s,.~c~ · ' RESSDENCES; REPEALING SEC- T~ON 6.3.3(~)(I)r; REPEALING SEC' TION 6.3.3(0); REPeALInG S~C' TION &3.3(C)(~)(e); REPEALING SECTION '6,3.3(H);, PROVIDING A ~[PEALER C~USE,A SAV1N(  C~USE, ANDI AN EFFECTIVE  DATE. ~ ~i~ ~ ~ ~ ~isi0n m~Jng ~ ~$~ ~ Sworn to and subscribed before me this ,.~, .~.,. ,~,~ ~ ~ ~(s) mey ,~ t0 ~sure t~st ~ v~- and evi~e ~ which t~e a~al . ~ O . ~., ~ to ~ ~. ~ c,y ~ ~ F.S. ~.01~. Ci~ oommiss s My mm. 3-94 Bonded Thru .ice Ins.