§ 7-363. Location and placement of newsracks.

Any newsrack located in whole or in part upon, in or over any portion of a public right-of-way shall be located in accordance with the following requirements:

(1)

Newsracks shall not be located within the sight visibility triangles set forth in figure 2.

(2)

A space of not less than fifteen hundred (1,500) feet as measured along the edge of pavement shall separate each group of newsracks or a group of newsracks from another newsrack located on the same side of the roadway. In the case of Sho-Rack Model K49-16 or K-100 newsracks, not more than one (1) newsrack unit per publication containing the same issue or edition of the publication shall be located in any grouping of newsrack units. In the case of T-Rax 4623 newsracks, no more than two (2) publications containing the same issue or edition of the publication shall be permitted.

(3)

No newsrack shall be placed, installed, used or maintained:

a.

On any disability access ramp.

b.

Within the paved portion of any public right-of-way designated for vehicular traffic.

c.

On any median within the public right-of-way.

d.

Within ten (10) feet of any fire hydrant.

e.

Within three (3) feet of the outer end of any bus bench or bus shelter or five (5) feet from a bus stop sign.

f.

Within twelve (12) inches of any area improved with lawn, or hedges, or within three (3) feet of flowers or trees.

g.

Attached to or within three (3) feet of any traffic sign, traffic control device, mailbox, street light, or utility pole.

h.

Over any utility, drainage or cable television line or within ten (10) feet of any drainage structure. However, the planning and development director may approve a location over any utility, drainage, or cable television line in the event the publisher or distributor executes an indemnification and hold harmless agreement. The agreement must be given by each applicant who wishes to occupy the rights-of-way and must be in a form approved by the city attorney and shall not be construed to affect in any way the city's rights, privileges and immunities as set forth in F.S. § 768.28. Additionally, the publisher or distributor must provide written consent from others occupying the rights-of-way or produce sufficient evidence that it will not place its facilities so as to interrupt unreasonably any utility, drainage or cable television lines.

i.

Within twenty-five (25) feet of any driveway.

j.

Within the front swale or driveway of any single-family, duplex, triplex or quadriplex residence.

k.

At any sidewalk location whereby the clear space for passageway on the sidewalk for pedestrians is reduced to less than three (3) feet, excluding any curb.

l.

Within ten (10) feet of any crosswalk.

(4)

Newsracks placed at a sidewalk location or in a swale shall be located at a minimum of ten (10) feet away from the edge of the paved portion of the right-of-way designated for vehicular traffic. In the event a location could be approved for placement either on a sidewalk or within the adjacent swale, the newsrack shall be placed in the swale. The swale will be required over a sidewalk notwithstanding utility encroachments when necessary approvals may be obtained.

(5)

Every newsrack shall be installed level and plumb per figure 1.

(6)

Any installations to be made pursuant to this article shall be made only after all necessary permits have been obtained from the appropriate agencies and all applicable permit fees paid.

(7)

Any damage to public property or to the public right-of-way occurring as a result or consequence of the placement of a newsrack shall be the responsibility of the permit holder.

(8)

Temporary newsrack installations shall be allowed solely for the purpose of test marketing a new location where no newsracks already exist. Said temporary locations shall be limited to a period not to exceed thirty (30) days by the use of a newsrack in the TK-80 Series or similar to design to a single Sho-Rack Model K-49, K-100, or equivalent newsrack and secured to a concrete slab as shown in Figure 1. At the expiration of the thirty (30) day period, the newsrack must either be removed or a permit must be applied for the purpose of a permanent installation that must be installed within sixty (60) days after the application for the permit. All temporary newsrack installations shall comply with all the terms and conditions of this article. Permit procedures set forth in section 7-366 must be followed in the same manner for a temporary newsrack location, however, the one-time permit fee for a temporary newsrack location shall be twenty-five dollars ($25.00) for each newspaper publisher.

(Ord. No. 451, § 4, 6-13-00; Ord. No. 451-01-A, § 1, 5-8-01)

Editor's note

Figures 1 and 2 is not included herein but is available for inspection in city offices.