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Any newsrack which rests in whole or in part upon, or on any portion of a 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:

(1) No newsrack shall be used or maintained which projects onto, into, or over any part of the roadway of any public street, or which rests, wholly or in part upon, along, or over any portion of a roadway of any public street.

(2) No newsrack shall be permitted to rest upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any legally parked or stopped vehicle, 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.

(3) No newsrack shall be chained, bolted, or otherwise attached to any fixture or tree located in the public right-of-way, except to other newsracks.

(4) No newsrack may be placed within one hundred (100) feet of any other newsrack on the same side of the street unless they are side-by-side or within a common enclosure which shall not exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in thickness. A maximum of five unenclosed side-by-side newsracks may be allowed in one location if they meet the other standards of this Section. In case of conflict over location, the first to apply for a permit shall have priority.

(5) No newsrack shall be placed, installed, used or maintained:

(a) Within three (3) feet of any marked crosswalk.

(b) Within twelve (12) feet of the curb return of any unmarked crosswalk.

(c) Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility.

(d) Within five (5) feet of any driveway.

(e) Within three (3) feet ahead or fifteen (15) feet to the rear of any sign marking a designated bus stop.

(f) Within three (3) feet of the outer end of any bus bench.

(g) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6) feet.

(h) Within three (3) feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.

(6) The provisions contained in Subsection (e) of this Section shall not apply if compliance with the provisions would prohibit the placement of newsracks for a distance of one hundred fifty (150) feet on the same side of the street in the same block.

(7) Newsracks shall not be located in the public right-of-way in any residential zoning district.

(8) If the City Manager determines that any newsrack interferes with any present or proposed public use of the right-of-way or use by any utility, he may order such newsrack to be removed upon ten days written notice by mail to the permit holder. Failure to comply with such order shall be a violation of this ordinance.

[Added Sec. 1, Ord. No. 5372, Feb. 21, 1985.]