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5482-93 a 0 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. I 492 93 .. .; +w:... n4 .W...?i..~' ?.??MYw i ??w.1•..r....?...y?..:.. ?. - "..1'ry`?; ...... r:?..,:... ....a........_ .we r..-...??ll?r....lr:.wir"... w:.Y.i..-...? _ ..,:... .: N4 l.. ?1 .,_r '.E +d y:5 ^tl?,.?f?`Sj:. Y??. ' ?. 1.. .. ' ??r ?z- !?' ;fv: .i''? ,?:_, •. -•,?k :,?5.....,,1ti}?.L: °f t??ie' j' ? ? ?! ? '?, .`.? ,'?."•"y?'!,r ?^iZ?, ?. rW7 "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, 2 542- I.3 f 11+: -? j? '>. „E` ••1 P:-'•.`ra?. _--.• _:+i^.:=:^[. k.h •ae?-.("'`•+,n" ?" ?. 1.? ??r.My,....r?-,...?. (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, 0 3 ?. fib, r, ; Y,..»? ' .• .t,....,R;sa ' s ' 1.1 ;,.?., r:'r. tf:'.'•?+" iE ?•`-1, ` .? F- ?. M'' .ir: • '+q;L 'r v.a : 'ri 1. . 44 ?;...... 7 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. 4 G? 5 ?9 2 -7.3 }?y - .....w-.....,. .,':....?w.W ....,... ...:,. a."............:w ,.r'':6? ... , ... 3 ., .?.? ? t.:..? :"::. :, .'-..?•''!;F rr jl.'c`'; _? ? .o-? 't.PYF?.f.."tq l ?. 'Y? J ? s (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 $10.00 for each additional day. If the newsrack or vending machine is not claimed within the 30-day period, the newsrack or vending machine shall be deemed abandoned and shall become property of the city, and may thereafter sold at public auction. At least ten days prior to the auction, the city clerk shall publish a description of the newsrack or vending machine, the location from which it was removed and a notice of the auction in a newspaper of general circulation within Pinellas County, and shall provide the distributor, if known, with written notification of the auction by certified mail, return receipt requested. The proceeds of the sale shall be applied first to storage charges and then paid to the general fund of the city. A S Section 2. Subsection (12) of Section 44.08, Code of Ordinances, is amended to read: Sec. 44.08. Exempt signs. The following types of signs are exempt from the permitting requirements of this chapter, provided that number, area, and other limitations set forth in this section are satisfied. The area of exempt sirens shall not be included in determining compliance with maximum allowable sign area requirements. Exempt signs are allowed in addition to signs for which permits are required. An otherwise exempt sign which exceeds the limitations of this section shall require a permit. w? J zJ 82- -91 + _ :..:• ... _ tom"' 7 ?(h..y?:T ba{'N?yi? a; L•a,:?!???i???ty?,?`?'}e?a< <'. .? ,r.Ktii;y? kt"? t ??.?.-wt K".lty.j iA:ts.?r•'?,?, }- ,-rL?"f r.' e. 't ?; •'.i?t• , r+ !.' ti v .. S(?.,?. 4. .?5"' ?F',?`, ?j?. ?, ,.. :u i?, r+?`'? 1?,, ,?;?. `?:'iY?r` 4L?. '?+ .t •;1. .,?.f , s .t ;$?`: i .???.•.it'?4i.h? ???".?tl+?S??I?.?i.??q?!?t?";'y ?.'s'r??"g`f`1?wr, .,?:, ??~th?i??r a•j,:,+,;?Y`., ? ,?',• .fie.: ;y ;"??':L• '?. i? ., ??.` ... ... s ,'t Yi;4'.? '? {:.. i' .. ..? }', +''•? , i y! 4. ? is 4 ,.,9°', ?•; ?'.. #,: (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 6 lkg2.9s :4= i