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6198-97ORDINANCE NO. 6198-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING SECTION 28.10, CODE OF ORDINANCES, TO OMIT CERTAIN SIGNAGE AND PLACEMENT REQUIREMENTS FOR NEWSRACKS, TO PROVIDE FOR LOCATION DETERMINATION BY THE CITY ENGINEER, AND AMENDING NOTICE REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is advisable to amend Section 28.10, Code of Ordinances, regulating newsracks and vending machines, in order to provide for greater flexibility in signage placed on newsracks and in placement of newsracks, to provide for City Engineer review of certain newsrack placement, and to provide for more effective notice in connection with hearing procedure; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OFCLEARWATER, FLORIDA: Section 1. Section 28.10, Code of Ordinances, is amended to read: Sec. 20.10 Newsracks and vending machines. (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. Net Fnere than fl-nat exse , 9F one feet in width and twe feet in height (YeFtleal raign). This paragFaph shall net limit the plaGement Gf the Ra s f}ewr.FaSIF (c) Each newsrack shall have affixed to it in a readily visible place so as to be seen by persons using the newsrack: 4-7 The telephone number of a working telephone service to call to report a malfunction of the newsrack, to secure a refund in the event of a malfunction of the coin- return mechanism, or to give any notice provided for in this section; and Ordinance No. 6198.97 (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 except as provided in subsection (d) below, no newsrack shall be installed or maintained on or in a parkway at any location where there is no sidewalk. (d) No-news ae d-s+ #ase: Where a newsrack is located on a parkway, the City Engineer shall review the -ground slope and surface character of the proposed location and the physical structure of the newsrack. The City-Engineer shall re uire measures necessa to assure that the newsrack remains upricLht, secure and in place. The City Engineer may_require that the newsrack shalt be placed upon a wire-reinforced concrete pad, four inches thick or greater, of sufficient size to support the base of the newsrack, or other reasonable alternative measures suggested by the distributor. A newsrack shall not be anchored to such concrete pad. (5) The distributor may request an informal hearing pertaining to the violations. Any such request shall be made by telephone or in writing to the city manager within the time specified in the notice for corrective action to be taken. Any such request shall stay the time given to cure the violation until the hearing has been conducted, the issues raised during the hearing have been decided, and the decision has been communicated to the distributor orally at the conclusion of the hearing, if the distributor is present, OF-by telephene and in writing. Written notice- shall be _deemed complete upon mailing __y certified mail. Notice of the date, time and place of the hearing shall be communicated by telephone of and in writing to the distributor. Written notice shall be deemed complete upon mailing by certified mail. The hearing shall be conducted by the city manager or by a city employee authorized by the city manager to conduct the hearing and decide the appeal, and the decision shall be deemed final. If the decision is to uphold the determination that a violation exists, the decision shall include the specification of a reasonable time after notification as set forth above to the distributor of the decision in which corrective action shall be taken. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL October 16, 1997 READING AND ADOPTED AS AMEND Rita Garvey, Mayor-Com sioner Approved as to form: Pamela K. in City Attorney Attest: Cynthi6 . Goudeau City CIS Ordinance No. 619©-97