5482-93
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ORDINANCE NO. 5482-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO NEWSRACKS AND VENDING MACHINES ON PUBLIC
RIGHTS-OF-WAY AND ON PUBLIC AND PRIVATE PROPERTY WITHIN
THE CITY; CREATING SECTION 28.10, CODE OF ORDINANCES;
PROVIDING DEFINITIONS; REGULATING THE LOCATION OF
NEWSRACKS ON PUBLIC RIGHTS-OF-WAY AND ON PUBLIC AND
PRIVATE PROPERTY; PROHIBITING THE INSTALLATION OR
MAINTENANCE OF VENDING MACHINES ON PUBLIC RIGHTS-OF-WAY;
REGULATING THE LOCATION AND INSTALLATION OF VENDING
MACHINES ON PRIVATE PROPERTY; PROVIDING FOR ENFORCEMENT
OF THE ORDINANCE; PROVIDING FOR THE RELOCATION AND
REMOVAL OF NEWSRACKS AND VENDING MACHINES UNDER CERTAIN
CIRCUMSTANCES; AMENDING SECTION 44.08, CODE OF
ORDINANCES, RELATING TO EXEMPT SIGNS ON MACHINERY, TO
PROVIDE THAT SIGNS ON NEWSRACKS AND CERTAIN SIGNS ON
VENDING MACHINES ARE SUBJECT TO REGULATION AS PROVIDED
IN SECTION 28.10; REQUIRING A SIGN PERMIT FOR EACH SIGN
UPON A VENDING MACHINE AND VISIBLE FROM OFF THE PREMISES
WITHIN THIRTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS
ORDINANCE; PROVIDING AN EFFECTIVE DATE.
I1
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section l1. Section 28.10, Code of Ordinances, is created to read:
Sec. 28.10. Newsracks and Vending Machines.
(1) Definitions. The following words and phrases, as used in this
section, shall have the meanings set forth herein except where the context
clearly indicates a different meaning:
"Bicycle path" means any surface within a right-of-way provided for the
exclusive or primary use of bicycle traffic.
"Distributor" means the person responsible for the placement or maintenance
of a newsrack or vending machine. The term includes, but is not limited to, the
owner of a newsrack or vending machine.
"Newspaper" means a
intervals by means of one
term includes but is not
Florida Statutes; publical
meaning of said statute; a
"Newsrack" means any
dispensing device which is
of newspapers, whether for
- . uos iueration or
ted to the public at stated
dless of their content. The
fescribed by section 50.011,
fy as newspapers within the
ated box, container, or other
,stained for the distribution
for free.
"Parkway" means any area within a right-of-way which is not a roadway, a
sidewalk, or a bicycle path.
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"Right-of-way" means all that area dedicated to public use or otherwise
owned by a governmental agency for public street purposes. The term includes,
but is not limited to, roadways, parkways, bicycle paths and sidewalks.
"Roadway" means that part of a right-of-way designed and improved for motor
vehicular traffic.
"Sidewalk" means any surface within a right-of-way provided for the
exclusive or primary use of pedestrian traffic.
"Vending machine" means any self-service or coin-operated box, container,
storage unit, or dispensing device which is installed, used, or maintained for
the display, sale or distribution of a product or service for a consideration.
The term includes, but is not limited to, soft drink machines, food dispensing
machines, ice machines, and "pay" or coin-operated telephones. The term does not
include newsracks or public service machines such as, but not limited to, parking
meters at public parking spaces.
"Vending machine operator" means the owner of a vending machine, or the
person responsible for the placement or maintenance of a vending machine.
(2) Newsracks on public and private property.
Newsracks installed on public and private property shall comply with the
requirements of this subsection. In addition, newsracks installed on public
rights-of-way shall comply with the requirements of subsection (3).
(a) No newsrack shall be used for advertising or publicity purposes other
than advertising for the newspaper sold or distributed by means of such newsrack.
For the purpose of this paragraph, "advertising for the newspaper" includes but
is not limited to advertising for special editions or special features within the
newspaper. Not more than one such advertising sign may be placed on a newsrack,
and any such sign shall not exceed two feet in width and one foot in height
(horizontal sign), or one foot in width and two feet in height (vertical sign).
This paragraph shall not limit the placement of the name of the newspaper
distributed from the newsrack on any number of locations on the newsrack.
(b) Each coin-operated newsrack shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate refund in
the event he or she is unable to open the newsrack, except where the coin
mechanism has been sealed or disabled so as to permit the free distribution of
the newspaper. Each coin-return mechanism shall be maintained in good working
order.
(c) Each newsrack shall have affixed to it in a readily visible place so
as to be seen by persons using the newsrack:
1 . The telephone number of a working telephone service to c a l 1 to report
a malfunction of the newsrack, or to secure a refund in the event of a
malfunction of the coin-return mechanism; and
2. The name and address of the distributor.
(d) Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times,
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(3) Newsracks on public rights-of-way.
The location and placement of newsracks on public rights-of-way shall be
in accordance with the following requirements:
(a) No newsrack shall be installed or maintained upon'or over any part
of any roadway or bicycle path, in whole or in part, and no newsrack shall be
installed or maintained on or in a parkway at any location where there is no
sidewalk.
(b) No newsrack shall be installed or maintained upon or over any
sidewalk when such newsrack unreasonably obstructs the flow of pedestrian traffic
or vehicular traffic. Notwithstanding the generality of the foregoing, newsracks
may be located upon a sidewalk in excess of five feet in width, at the edge of
the sidewalk and on either side of the sidewalk but not directly opposing another
newsrack, and fronting towards the center of sidewalk. However, a newsrack shall
not be installed or maintained within five feet of a curb or the edge of roadway
pavement.
(c) If a sidewalk adjoins a parkway of a size sufficient to fully and
lawfully accommodate a newsrack, and if the sidewalk is five feet or less in
width, the distributor shall install the newsrack on the adjoining parkway.
However, a newsrack shall not be installed or maintained at a curb or, for a
roadway without a curb, at the edge of the roadway pavement, or within 5 feet of
a curb or the edge of roadway pavement. All newsracks installed in parkways
shall be placed such that the front of the newsrack faces towards the sidewalk.
(d) No newsrack shall be located upon any unpaved surface. Where a
newsrack is located an a parkway, the newsrack shall be placed upon a wire-
reinforced concrete pad, four inches thick or greater,- of sufficient size to
i support the base of the newsrack. A newsrack shall not be anchored to such
concrete pad.
(e) Wherever a newsrack is installed in an area zoned for residential
purposes, or in a public right-of-way adjoining property zoned for residential
purposes regardless of the zoning of the public right-of-way,, no additional
newsracks containing (or installed for the purpose of containing) the same issue
or edition of the same publication shall be located on the same side of the
street within 1,000 feet of the installed newsrack, or within 300 feet of the
corner formed by the intersection of another street if the corner is within 1,000
feet of the installed newsrack. Provided, however, a distributor may locate
newsracks in excess of this limitation by demonstrating a public need for the
extra newsracks. A public need may be established by the following method, which
method is not exclusive. A distributor desiring to establish a public need may
place an extra newsrack at a proposed location, after notice to the city, for a
r test period of one month. If during that one-month test period the average
circulation from that newsrack equals or exceeds 75 percent of the capacity of
the newsrack, then a public need will be deemed to have been established and the
newsrack may remain at the location.
(f) No newsrack shall be chained, belted, or otherwise attached to any
utility pole, traffic sign, bench, or other fixture located in a right-of-way.
(g) A newsrack shall not be installed or maintained in any location where
the newsrack impairs a motor vehicle operator's view of motor vehicles, bicycles,
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or pedestrians upon, entering, or exiting a right-of-way.
(h) If a newsrack remains empty for a period of 10 continuous days, the
newsrack shall be deemed abandoned and shall be subject to removal in the same
manner as is provided herein for newsracks in violation of the provisions of this
section.
(4) Vending Machines on Public and Private Property. Vending machines
installed on public and private property shall comply with the requirements of
this subsection.
(a) No vending machine shall be installed or maintained within any part
of a public right-of-way.
(b) Vending machines shall be placed only on properties for which there
exists a building serving a principal use. Vending machines shall be placed'
within a building, or may be placed outside a building if the following
conditions are satisfied:
1. The vending machine shall be under a roof adequate to protect the
vending machine against rain;
2. The vending machine shall not be placed upon the ground, but shall
be placed upon flooring adequate in size and strength to support the vending
machine;
3. The vending machine shall be placed flush against the building;
4. The vending machine shall not be located within a required setback,
open space, view corridor, or landscaping area, or within a parking space or
travel aisle within a parking lot;
5. The vending machine shall not be located where the vending machine
impairs a motor vehicle operator's view of motor vehicles, bicycles, or
pedestrians upon, entering, or exiting a right-of-way;
6. The vending machine shall not be located at a place where such
vending machine unreasonably obstructs the flow of pedestrian traffic or
vehicular traffic;
r` 7. Electric service to the vending machine shall comply with the edition
of the National Electrical Code currently in effect; and
8. Any sign upon the vending machine which is visible from off the
' premises shall be deemed a "wall sign," notwithstanding that such sign is not
attached directly to the building, and shall be subject to the requirements and
regulations of chapter 44. A sign permit shall be required for each such sign
effective 30 days following the effective date of Ordinance 5482-43,
notwithstanding that the vending machine may have been installed prior to the
effective date of the ordinance. In an action to enforce the requirements of
this subparagraph, the sign and not the vending machine shall be deemed to be in
noncompliance if a sign permit has not been issued for the sign.
(5) Enforcement; removal.
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(a) Upon determination by the city manager that a newsrack or vending
machine has been installed or maintained in violation of the provisions of this
section, a notice of violation or a citation to appear in county court shall be
issued to and served upon the distributor and, in the case of a newsrack, to the
publisher of the newspaper.
(b) A notice of violation or citation shall specifically describe the
nature of the violation, and a notice of violation shall specify a reasonable
time, not to exceed 10 days, in which corrective action may be taken. In
addition, a copy of the notice of violation or citation shall be posted on the
newsrack or vending machine.
(c) If a newsrack or vending machine constitutes an imminent threat to
public health or safety, the newsrack or vending machine shall be subject to
immediate removal by the city. Upon removal, the city manager shall deliver a
notice of removal to the distributor and, in the case of a newsrack, to the
publisher of the newspaper. The notice shall describe the newsrack or vending
machine, the location from which the newsrack or vending machine was removed, the
address of the location where the newsrack or vending machine is being stored,
and an explanation of the procedures by which the distributor or publisher, as
appropriate, may obtain a release of the newsrack or vending machine.
(d) A newsrack or vending machine removed hereunder shall be stored in
a secure location for a period not to exceed 30 days. The newsrack or vending
machine shall be released to the distributor or newspaper publisher, as
appropriate, upon a proper showing of ownership and payment of storage charges
at the rate of $100.00 for the first day and $10.00 for each additional day. If
the newsrack or vending machine is not claimed within the 30-day period, the
newsrack or vending machine shall be deemed abandoned and shall become property
of the city, and may thereafter sold at public auction. At least ten days prior
to the auction, the city clerk shall publish a description of the newsrack or
vending machine, the location from which it was removed and a notice of the
auction in a newspaper of general circulation within Pinellas County, and shall
provide the distributor, if known, with written notification of the auction by
certified mail, return receipt requested. The proceeds of the sale shall be
applied first to storage charges and then paid to the general fund of the city.
A
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Section 2. Subsection (12) of Section 44.08, Code of Ordinances, is
amended to read:
Sec. 44.08. Exempt signs.
The following types of signs are exempt from the permitting requirements
of this chapter, provided that number, area, and other limitations set forth in
this section are satisfied. The area of exempt sirens shall not be included in
determining compliance with maximum allowable sign area requirements. Exempt
signs are allowed in addition to signs for which permits are required. An
otherwise exempt sign which exceeds the limitations of this section shall require
a permit.
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(12) Machinery signs. Examples are signs on newsracks newspaper .,,
YendiRg , gasoline pumps, and public telephone booths. Signs an
newsracks_shall _be subject to regulation_as_prov_ided_in section 28.10. A sign
on a vending machine shall be subject to regulation under this chapter as a "wall
Sian" if the sign is visible frnm nff the nrPmisPs. not withstandinn that ciirh
•-9
the re uirements of this subsection the sign and not the vending machine shall
be deemed to be in noncomoliance if a sion nermit has not heen issued for the
sign.
Section 3. This ordinance shall take effect 30 days after upon adoption.
PASSED ON FIRST READING AS AMENDED November 8, 1993
PASSED ON SECOND AND FINAL READING
AND ADOPTED AS AMENDED December 2. 1993
Att-est:
G.
Cy hia E. Goudeau
Ci Clerk
i
Q)
F_.
Rica Garvey
Mayor-Commissioner U
Approved as to form and correctness:
M. A. Galbraith Jr
City Attorney b
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