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A. Purpose. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, morals and general welfare of persons in the Town of Oro Valley in their use of public rights-of-ways through the regulation of placement, appearance, number, size and servicing of newsracks on the public rights-of-ways so as to:

1. Provide for pedestrian and driving safety and convenience;

2. Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress to, or egress from, any place of business or from the street to the sidewalk;

3. Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes and similar appurtenances, and access to locations used for public transportation purposes;

4. Reduce visual blight on the public rights-of-way, protect the aesthetics and value of surrounding properties, and protect the quiet of residential areas;

5. Reduce exposure of the town to personal injury or property damage claims and litigation; and

6. Protect the right to distribute information protected by the United States and Arizona Constitutions through the use of newsracks.

B. Preservation of Constitutional rights. It is not the intent of this Code in any way to discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of any printed material that is constitutionally protected. ((O)02-07, 03/20/2002)