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HomeMy WebLinkAboutOrdinance 98-24 ORDINANCE NO. 9S-g. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FWRIDA, ADOPTING NEWSRACK REGULATION ON PUBLIC RIGHTS-OF-WAY; PROVIDING FOR DEFINmONS; PROVIDING FOR PURPOSE AND CRITERIA OF THE NEWSRACK ORDINANCE; PROVIDING FOR A CERTIFICATE OF COMPLIANCE REQUIREMENTS; PROVIDING FOR APPLICATION AND ISSUANCE OF COMPLIANCE, INCLUDING THE ISSUING AND APPROVING AUTHORITY; CONTENTS OF APPLICATIONS, PROCEDURE, DATE OF ISSUANCE, DENIAL OF CERTIFICATE OF COMPLIANCE AND ADDmONAL CERTIFICATE OF COMPLIANCE ISSUANCE; PROVIDING FOR HOLD HARMLESS AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR FEES; PROVIDING FOR APPELLATE PROCEDURES; PROVIDING FOR PLACEMENT AND NUMBER OF NEWSRACKS; PROVIDING FOR INSTALLATION AND MAINTENANCE OF NEWSRACKS; NEWSRACKS MOUNTING STANDARDS; SPECIFIC PROHIBmONS; PROVIDING FOR VIOLATIONS; DETERMINING NEWSRACK ABANDONMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION OF THE CODE AND AN EFFECTIVE DATE. WHEREAS, the uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and threat to the safety and welfare of persons using such rights-of-way including pedestrians, persons entering and leaving buildings, and persons performing essential utility, traffic control and emergency services~ and WHEREAS, the installation and placement of newsracks in the public rights-of-way have resulted in considerable concerns by the public and City officials with regard to safety, convenience and aesthetics thereof~ and WHEREAS, the City Commission finds there is a need to regulate and establish procedures regarding the installation, placement and maintenance of newsracks within the City~ and WHEREAS, the City Commission finds that such regulations and procedures governing .......-.ok onIinanoc (1) newsracks will promote the health, safety and welfare of the citizens of Sunny Isles Beach as well as the aesthetic appearance of the City~ NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, as follows: Section 1. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City Manager means the City Manager of Sunny Isles Beach or hislher designee. Distributor means persons responsible for placing and maintaining newsrack(s) in a public right-of-way of the City. Equivalent newsrack means any newsrack which is of the same size, dimensions and style of the specified newsrack. If demand warrants or warranted demand means that the measured newspaper stack height needed to meet the newspaper publisher's or distributor's peak annual distribution at the requested newsrack location, as proven by the newspaper publisher or distributor, exceeds fourteen (14) inches. Newsracks means any type of unmanned device for the vending or free distribution of newspapers or news periodicals. Public right-ofway means any public street, highway, sidewalk, parkway or alley. Section 2. Pwpose and criteria. The purpose of the following is to promote the public health, safety and welfare through the regulation of placement, type, appearance, servicing, and insuring of newsracks on public rights-of- way so as to: Provide for pedestrian and driving safety and convenience. (1) (2) Restrict unreasonable interference with the flow of pedestrian or vehicular traffic .-.rllCk onlinanco (f) -2- including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles. (3) Provide for public and property safety during hurricane conditions. (4) Provide reasonable access for use and maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes. (5) Relocate and/or replace newsracks which result in visual blight and/or excessive space allocation on the public rights.of.way of which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newsracks removed. (6) Maintain and protect the values of surrounding properties and prevent damage to grass landscape rights.of.way areas. (7) Reduce unnecessary exposure of the public to personal injury or property damage. (8) Treat all newspapers equally regardless of their size, content, circulation, or frequency of publication. (9) Maintain and preserve freedom of the press. Section 3. Certificate of compliance re<DJ.ired. No person shall install, affix, erect, construct or maintain a newsrack without first obtaining a one-time only certificate of compliance for each newsrack in accordance with the provisions of this Ordinance. Section 4. (a) Awlication and issuance of certificate of compliance. Issuing and approving authority. The issuing, approving and coordinating authority noworack ordinMIcc (t) -3. coordinator shall be the City Manager. The City Manager is responsible for fairly coordinating and administering the physical placement of news racks of the type and location herein specified, and upon compliance herewith, is responsible for issuing the certificates of compliance. (b) Applications. The applicant shall file with the City Manager a written application for an installation certificate of compliance which shall contain the following information: (a) The name, address and telephone number of the applicant who is the Distributor and/or hislher agent responsible for the newsrack. (b) The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsracks. (c) The number of newsracks and the proposed location of each shown on a drawing provided by the applicant. (d) Names of newspapers or periodicals to be contained in each newsrack. (e) Type or brand of newsracks, including an illustration and description or specifications of the newsrack and mount if other than a single pedestal, TK- 80PM or K-80PM SHORACK or FN-80SP (with or without equivalent coin- box attachment) with special pedestal mount and fourteen-inch square base plate (mandated) or TK-80 or K-80 SHORACK or FN80LB (with or without equivalent coin-box attachment) with special pedestal mount and fourteen- inch square base plate (allowed only if demand warrants at the installation location), or equivalent. Procedure. The City Manager shall: (c) DCWII1ICk onIinanoe (f) -4- (a) Develop a map which is to a large enough scale to show general citywide locations of newsracks by each publisher or distributor. (b) Request a list of proposed newsrack locations, marked on the above map from each distributor. (c) Obtain a scale drawing or aerial photograph of each newsrack location showing the position and name of each newsrack at that location from the Distributor. (d) Issuance of Certificate. Upon a finding by the City Manager that the applicant is in compliance with the provisions of this section, the City Manager shall cause to be issued a certificate of compliance for installation by the newspaper publishing company. Such issuance shall be made within five (5) working days of the city's receipt of the completed application. (e) Denial of certificate of compliance. If a certificate of compliance for some newsrack location applied for shall be denied, the applicant shall be notified within five (5) working days of the city's receipt of the completed application. The applicant shall be advised of the specific cause of such denial by the City Manager who will suggest alternative locations therefor. The applicant may reapply for substitute alternative location at no additional certificate of compliance fee. (f) Additional certificate of compliance. If at any time initial application for an installation certificate of compliance a publisher wishes to install additional newsracks, then subsections (c) and (d) above are to be repeated in accordance with the provisions of this Ordinance. DOWII'lICk ordinmcc: (t) -5- Section 5. Hold Harmless. (a) Prior to the issuance of a certificate of compliance by the City Manager, the applicant shall furnish to the City Manager a written statement, in form satisfactory to the City Attorney, whereby the Distributor of the newsrack agrees to indemnify and hold harmless the City, its officers, and employees, from any loss,liability, or damage, including expenses and costs, for bodily or personal injury, and for property damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, maintenance and/or removal of a newsrack within the city. Section 6. ~ There shall be a one-time only certificate of compliance fee in the amount of fifty ($50.00) dollars for each newspaper publisher plus ten ($10.00) dollars per newsrack. Failed inspections are subject to a reinspection fee of five ($5.00) dollars. All of the above fees will be used to defray administrative expenses relating to this Ordinance only. This fee is unrelated to any fee that might be assessed by the City as a result of code enforcement violation described in Section 12 hereinbelow. Section 7. Appeals. Any applicant who has been denied a certificate of compliance pursuant to the provisions of this Ordinance may file an appeal with the City Commission by requesting in writing to the City Manager appearance before the Commission to review such denial. The appeal shall be heard by the Commission within thirty (30) days of the filing of the appeal or at the next regularly scheduled agenda, whichever is sooner. ncwonok ordinIIl<:c (t) -6- Section 8. Placement and number. (a) Subject to the prohibitions set forth in Section 11 below, newsracks shall be placed parallel to and abutting private property line. (b) No more than a grouping of six (6) 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 twelve (12) newsracks shall be allowed on anyone block. (c) The City Manager shall be guided by the following criteria of priorities in issuing permits whenever more than six (6) newsracks are proposed for anyone location (two- hundred [200] foot space) or more than twelve (12) newsracks are proposed for anyone block: Section 9. (a) First priority shall be daily publications (published five (5) or more days per week). (b) Second priority shall be publications published two (2) to four (4) days 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. Installation and maintenance. (a) Newsracks shall be single pedestal TK-80PM or K-80PM SHORACK or FN-80SP (with or without equivalent coin-box attachment) with special pedestal mount and fourteen- inch square base plate (mandated) or TK-80 or K-80 SHORACK or FN-80LB (with or IIOWItII<k ordinon<o (t) -7- without equivalent coin-box attachment) with special pedestal and fourteen-inch square base plate (allowed only if demand warrants at the installation location) or equivalent. (b) Newsracks shall have gloss brown pedestal, gloss beige sides and door and gloss brown coin box. The height of the cabinet top of all newsracks shall be thirty-nine (39) inches above the finished grade level. (c) Newsracks shall carry no card holders or advertising, but may display the name, with lettering and background of any colors, of the newspaper being dispensed, in spaces in the locations and sizes set forth below: (1 ) On the front of the newsrack, the lettering size shall not exceed one and three-quarters (1 3/4) inches in height. The lettering shall be placed within a colored-band space not exceeding two and one-half (2 ~) inches in height above the door hinge. (2) On the sides and back of the newsrack, the lettering size shall not exceed two and one-half (2 ~) inches in height. The lettering shall be placed within a colored-band space not exceeding four and one-half (4 ~) inches in height and beginning one (1) inch from the top of the newsrack. (d) Newsracks for free newspapers may omit the coin box and may have the pull bar welded to the door to produce an "honor rack." (e) Newsracks shall be maintained in good working order and repair at all times, freshly painted and with unbroken hoods. (1) Mounts shall be bolted in place through four (4) standard holes in the base place in accordance with standards provided in Section 1 0 hereinbelow. Newsrack cabinet tops shall nowarook arclinaaoe (f) -8- be installed and checked for level~ a water-soluble, paintable, ten-year caulk of gloss brown color shall be applied and wiped to seal around the base plate and the mounting surface. Section 10. Newsrack mounting standards. The following standards shall be applicable to the mounting of newsracks in the city: (1) Foundation four-inch minimum concrete, twenty-five hundred (2500) psi (twenty- eight day strength), Class I. (2) Two-inch minimum concrete edge distance for bolts. (3) One half-inch chamfer all concrete edges. (4) Three-eights-inch diameter hot-dipped galvanized hex bolt mounts, three-inch minimum embedment, threads down, through four (4) comers of the pedestal base. Section 11. Specific prohibitions. No newsrack shall be placed, installed, used or maintained: (1) Within five (5) feet of any marked crosswalk. (2) Within ten (10) feet of any unmarked crosswalk. (3) Within ten (10) feet of any fire hydrant, fire call box, police call box or other emergency facility. (4) Within five (5) feet of any driveway. (5) Within five (5) feet ahead of, and fifteen (15) feet to the rear of any sign marking a designated bus stop, measured along the edge of pavement. (6) (7) (8) Within two (2) feet of any bus bench, or plaza bench. Within five (5) feet of sidewalk installed traffic control device. Within three (3) feet of any display window of any building abutting the sidewalk or IlOWlIrICk ordiDloIll:o (f) -9- parkway or in such as manner as to impede or interfere with the reasonable use of such window display purpose, or within five (5) feet of a building entrance. Notwithstanding this subsection 9, a newsrack may be placed on a swale area a setback from the road a distance of at least half the width of the swale and positioned at a location which is the furthest distance from the road. (9) On or within two (2) feet of signs, parking meter, street lights or utility poles. (10) Within one hundred (100) feet of any other Newsrack on the same side of the street in the same block containing only the same issue or edition of the same publication. (11) On any access ramp for disabled persons. (12) Upon any swale area, unless permission to place the newsrack on equivalent space on adjacent private property, in lieu of the swale area, is sought by the Distributor and not received from the property owner. Section 12. Violations. (a) Upon determination by the City Manager that a newsrack has been installed, used or maintained in violation of the provisions of this Ordinance, any order to correct the offending conditions shall be issued to the Distributor of the newsrack. Such order shall be telephoned to the Distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition, suggest actions necessary to correct the condition, and inform the newsrack Distributor of the right to appeal. Failure to properly correct the offending condition or to appeal the order within ten (10) days (excluding Saturdays, Sundays, and legal holidays) after its receipt shall result in the offending newsrack being summarily removed and processed as unclaimed property. .......-..I< ordinonce (I) -10- A fine of $250 shall be charged. (1) If the offending newsrack is not properly identified as to Distributor under the provisions of Section 4 hereinabove, it shall be removed immediately and processed as unclaimed property. (2) An impound fee, which shall be measured by the city's cost and expense of impounding, shall be assessed against each newsrack summarily removed. (3) The City Manager shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this Section. The Distributor of said newsrack shall be charged a $10.00 inspection fee for each newsrack so inspected. This charge shall be in addition to all other fees and charges required under this Ordinance. (4) If the location or condition of the newsrack constitutes an imminent and serious danger to the public, the City Manager may immediately remove same and a fee of $250.00 shall be charged. If it is determined by the City Commission, after a public hearing at the next regularly scheduled Commission meeting as requested by the Distributor, that such removal was unnecessary, then the newsrack will be immediately returned to Distributor and no fee shall be charged. (b) Except as provided in Section (a) 4 hereunder, any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this Ordinance may appeal to the City's Special Master established pursuant to Ordinance No. 98-_, (Code Enforcement Ordinance). An appeal must be perfected within ten (10) days after receipt of notice of any protested decision or action by filing with the City Manager a letter DOMrICk ordinIn<:e (f) -11- of appeal briefly stating therein the basis for such appeal. Prompt judicial review of the Special Master's decision shall be provided pursuantto Section 10 of Ordinance No. 98-_ Code Enforcement Ordinance). Section 13. Removal of abandoned newsracks. (a) A newsrack shall be deemed abandoned when no publication is in the newsrack for period of more than seven (7) consecutive days and the zoning code administrator may remove same in accordance with this Ordinance. (b) In the event a newspaper publishing company or its Distributor desires to voluntarily abandon a newsrack location, the Distributor shall notify the City Manager, completely remove the newsrack and mount, and restore the public right-of-way to a safe conditions, leaving no holes or projections in the mounting surface. Section 14. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 15. Repeal of conflicting provisions. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 16. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of -12- this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 17. Effective Date. This Ordinance shall become effective one hundred-twenty ( 120) days after second reading. r11- PASSED AND ADOPTED upon first reading this 2b day of February, 1998. ~ PASSED AN ADOPTED upon second reading this ~ day of ,1998. ATTEST: ~'vW ~~- M~~ Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~.~orney Moved by: c..'IMw.issl~v f'l\OY1"Dw Seconded by: c..o'M.~i f~i MW" ~~ VOTE AS FOLLOWS: .~.f '__ Mayor David Samson Vice Mayor Turetsky Commissioner Iglesias Comrnissioner Kauffinan Commissioner Morrow ~es ~es ~es (~}S (~es ()no ( )no ()no ()no ( )no .... " ~ ~ -' \'<) . .:-."r......,. \~ " ,~~ ,}. ;-... , .: ~"jr'..~- ~ . - ~,,'( - u... ... --.., :",~ W' ...."" ., -;,'r'f:A.... ""- ,... .. ... , ~ ~:. "... , " .