10-11-9 Location, Placement, and Number of Newsracks.
A. 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 following 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 the roadway of any public street.
2. No newsrack shall be chained, bolted, or otherwise attached to any fixture located in the public right-of-way, except to other newsracks.
3. Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight (8) feet along a curb, and a space of not less than three (3) feet shall separate each group of newsracks.
4. No newsrack shall be placed, installed, used or maintained:
a. Within five (5) feet of any marked crosswalk.
b. Within fifteen (15) feet of the curb return of any unmarked crosswalk.
c. Within five (5) feet of any fire hydrant, fire call box or other emergency facility.
d. Within five (5) feet of any driveway.
e. Within three (3) feet ahead or twenty-five (25) feet to the rear of any sign marking a designated bus stop.
f. Within five (5) 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, or within three (3) feet of any display window or any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes.
i. Within one hundred (100) feet of any other newsrack on the same side of the street in the same block containing the same issue or edition of the same publication.
j. On any access ramp for disabled persons.
k. Within three (3) feet of any pole for a street light, telephone poles, etc.
5. No more than eight (8) newsracks shall be located on any public right-of-way within a space of two hundred (200) feet in any direction within the same block of the same street; provided, however, that no more than sixteen (16) newsracks shall be allowed on any one block. In determining which newsracks shall be permitted to be located or to remain if already in place, the Public Works Director shall be guided solely by the following criteria:
a. First priority shall be daily publications (published five (5) or more days per week).
b. Second priority shall be publications published one (1) day per week.
c. Third priority shall be publications published one (1) day per week.
d. Fourth priority shall be publications published less than one (1) day per week. ((O)02-07, 03/20/2002)