Cudahy Municipal Code Ch. 12.12 Newsracks

(1) It is the purpose of the provisions of this chapter to authorize the placement and maintenance of newsracks upon public sidewalks under the limitations set forth in this chapter.

(2) It is found that the maintenance of newsracks on public sidewalks, which newsracks contain newspapers and news periodicals that contain photographs and drawings of nude human bodies which are visible to the public view while in such newsracks, constitutes a public nuisance upon the sidewalks of the city, and the ready availability of such material to children and youth through the use of unattended newsracks creates a condition wherein enforcement of the state laws regarding the sale of harmful matter to such children and youth becomes extremely difficult. (Ord. 189 § 1; Ord. 167 § 1. 2002 Code § 13-3.1).

As used in this chapter:

(1) “Newsrack” shall mean any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale of newspapers or news periodicals.

(2) “Street” shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks.

(3) “Roadway” shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel.

(4) “Parkway” shall mean that area between the sidewalk and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. “Parkway” shall also include any area within a roadway which is not open to vehicular travel.

(5) “Sidewalk” shall mean any surface provided for the exclusive use of pedestrians. (Ord. 167 § 1. 2002 Code § 13-3.2).

(1) No person shall install, use, or maintain any newsrack or other structure which projects onto, into, or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street.

(2) No person shall install, use, or maintain any newsrack which, in whole or in part, rests upon, in, or over any public sidewalk or parkway when such installation, use, or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes, or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near such location. (Ord. 167 § 1. 2002 Code § 13-3.3).

(1) No person shall sell, offer for sale, or keep or maintain for sale any harmful matter, as such term is defined in Section 313, Chapter 7.6, Title 9, Part 1, of the Penal Code of the state, in any newsrack on any public sidewalk unless such sale is made, or offer of sale is maintained, in the presence of an adult person authorized to prevent the purchase of such matter by a minor.

(2) No person shall sell, offer for sale, or keep or maintain any newspaper or news periodical in any newsrack located on any public sidewalk in such a manner as to expose to the public view any photograph, cartoon, or drawing contained within such publication which displays any of the following:

(a) The genitals, pubic hair, buttocks, natal cleft, perineum, anal region, or pubic hair region of any person, other than a child under the age of puberty; or

(b) Any portion of the breast, at or below the areola thereof, of any female person, other than a child under the age of puberty. (Ord. 189 § 2. 2002 Code § 13-3.4).

Any newsrack which, in whole or in part, rests upon, in, or over any public sidewalk or parkway shall comply with the following standards:

(1) No newsrack shall exceed five feet in height, 30 inches in width, or two feet in thickness.

(2) Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be so placed that the part of the newsrack nearest the curb shall be no less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall, and the part of the rack nearest such wall shall be not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.

(3) No newsrack shall be chained, bolted, or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object without the consent of the owner of such property.

(4) Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.

(5) Notwithstanding the provisions of CMC 12.12.030(2), no newsrack shall be placed, installed, used, or maintained:

(a) Within three feet of any marked crosswalk;

(b) Within 15 feet of the curb return of any unmarked crosswalk;

(c) Within three feet of any fire hydrant, fire call box, police call box, or other emergency facility;

(d) Within three feet of any driveway;

(e) Within three feet ahead of, or 15 feet to the rear of, any sign marking a designated bus stop;

(f) Within three feet of any bus bench;

(g) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet; or

(h) Within three feet of any area improved with lawn, flowers, shrubs, or trees, or within three feet of any display window of any building abutting the sidewalk or parkway, or in such a manner as to impede or interfere with the reasonable use of such window for display purposes.

(6) No newsrack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.

(7) Each newsrack shall be maintained in a clean, neat, and attractive condition and in good repair at all times. (Ord. 167 § 1. 2002 Code § 13-3.5).

Every person or other entity which places or maintains a newsrack on the streets of the city shall have his or its name, address, and telephone number affixed thereto in a place where such information may be easily seen. (Ord. 167 § 1. 2002 Code § 13-3.6).

No person shall install, use, or maintain any newsrack without first having furnished to the city clerk a certificate that such person has then in force a public liability and property damage insurance policy which names the city as an additional insured. The limits of such policy shall be not less than $100,000 for each person, $500,000 for each occurrence, and $10,000 for property damages, and such policy shall also include a provision that no less than 30 days’ notice will be given to the city before any cancellation of coverage. (Ord. 184 § 1. 2002 Code § 13-3.7).

Any newsrack installed, used, or maintained in violation of the provisions of this chapter may be summarily removed and stored in any convenient place by any public body or officer after five days’ notice to comply. Notice shall be deemed sufficient if such body or officer takes reasonable steps to notify the owner thereof. Upon the failure of the owner to claim such newsrack and pay the expenses of removal and storage, such newsrack shall be deemed to be unclaimed property and may be disposed of in accordance with applicable provisions of the law relating to unclaimed property.

The owner of such newsrack may, within five days after notice, demand a hearing before such body or officer to contest the asserted violation, whereupon a hearing shall be held and a determination made as to the existence of a violation before removal of such newsrack is ordered or undertaken. Said owner’s failure after such hearing to satisfy within 10 days any order to comply with the provisions of this chapter shall authorize the summary removal, storage and disposition of such newsrack as provided above. (Ord. 167 § 1. 2002 Code § 13-3.8).

The provisions of this chapter shall control in the event of any conflict between the provisions of this chapter and any other provision of this code. (Ord. 167 § 1. 2002 Code § 13-3.9).