Lafayette Municipal Code Art. 3 General Requirements Regarding Newsracks

(a) Downtown Newsrack Area.

(1) Type. Only a modular newsrack is permitted in the downtown newsrack area. Each modular newsrack shall have not less than two nor more than six compartments. However, the city may issue a permit for a temporary, freestanding, single-unit newsrack as provided in subsection (a) (3) of this section.

(2) Number and Location. Not more than two modular units are permitted in one block on the same side of the street. If two modular units are located at a newsrack site, they must be separated by a distance of at least five feet from each other.

(3) Temporary Newsracks. The director may issue a permit for a freestanding, single-unit newsrack for a period of 90 days to permit an applicant to determine its suitability as a long term newsrack location. The number of permits and the grouping of freestanding, single-unit newsracks is governed by the following provisions:

(A) If a modular unit exists at the proposed location and has an empty compartment, a temporary permit may not be issued.

(B) The number of temporary permits that the director may issue for a location is determined by the maximum number of modular compartments allowable at that location, reduced by the number of modular compartments actually existing at the site. [5]

(C) At least 15 days before placing a temporary newsrack, an application shall be submitted, including notice of the location and the date upon which the 90 day trial period will begin.

(D) Within ten business days after expiration of the 90-day trial period, the person maintaining the newsrack shall either have it removed or submit a written request to the director for a permit for a permanent newsrack location.

(b) Areas Outside the Downtown Newsrack Area.

(1) Type. Either a modular newsrack or a stand-alone, freestanding, single-unit newsrack, or both, are permitted in an area outside the downtown newsrack area.

(2) Number and Location. The number and location of modular newsracks is governed by subsection (a) (2) of this section. The number and location of permanent, stand-alone, freestanding, single-unit newsracks permitted in an area outside the downtown newsrack area is governed by the following provisions:

(A) The location for a freestanding newsrack is limited to a single site in a block on either or both sides of the street.

(B) If a modular newsrack does not exist at the proposed site, or if one exists but already has six compartments, the director may issue a permit for up to three freestanding, single-unit newsracks for that site.

(3) Temporary Newsracks. Temporary newsracks outside the downtown newsrack area are governed by subsection (a)(3) of this section.

(Ord. 477 § 1 (part), 1997)

Footnotes:

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* Editor's Note: Example: The maximum number of modular compartments permitted at a location is 12 (two modular units with six compartments each). If one modular unit with four compartments is located at a site, up to eight temporary permits may be issued.

If sufficient space does not exist to accommodate all newsracks sought to be placed at one location, the director shall give location priority, on a first come first served basis, to publications as follows:

(a) First priority shall be given to publications that are published at least one (1) day a week.

(b) Second priority shall be given to publications published less than once per week but more than once per month.

(c) Third priority shall be given to monthly or less frequent publications.

(Ord. 481 § 1 (part), 1997)

The permittee shall permanently display upon each newsrack the permittee's name, street address, telephone number, fax number and instructions on how to receive a refund in the event of coin return malfunction.

(Ord. 481 § 1 (part), 1997)

Before the city may issue a newsrack permit, an applicant shall furnish the city a certificate showing that the applicant has then in force public liability and property damage insurance naming the city as an additional insured in an amount not less than $1,000,000.00) per person and per occurrence, combined single limit. The permittee shall keep the insurance in force during all times it maintains a newsrack under the permit. The certificate of insurance filed with the city shall include a statement by the insurance carrier that 30 days notice will be given to the city before cancellation.

(Ord. 481 § 1 (part), 1997)

Every person operating or maintaining a newsrack upon or within the public right-of-way shall agree to indemnify and hold harmless the city, its officers and employees from any loss, liability, damage or cost sustained by a person or property, to the extent the loss, liability, damage or cost arises from the installation, operation or use of the newsrack. The obligation to indemnify and hold harmless the city, its officers and employees shall not extend to loss, liability, damage or cost resulting from the act, failure to act, or property of another.

(Ord. 481 § 1 (part), 1997)

(a) Each newsrack shall be maintained in a neat, graffiti free, clean condition and in good repair at all times and shall be painted on a regular basis.

(b) A newsrack that is damaged or defective shall be replaced or repaired as soon as is practical or upon notice from the director. If the owner wishes to abandon the location, the owner shall promptly remove the newsrack. The owner shall repair all damage to the sidewalk or modular newsrack resulting from placement and removal of a newsrack. When a newsrack is abandoned, it shall be removed and the location restored to its previous condition, normal wear and tear excepted. A newsrack is considered abandoned when it meets the definition of abandoned newsrack in Section 8-1902(1).

(c) A newsrack abandoned or removed for violation of this chapter and impounded may not be restored to the owner or person entitled to possession until the city's reasonable cost of removal and storage of the newsrack is paid to the city. However, if after a hearing before the director, the director determines that the newsrack was improperly removed by the city, there is no charge for restoration of the newsrack.

(d) A newsrack may not be used for advertising or publicity purposes other than the one concerned with display, sale or distribution of the publication distributed from it.

(Ord. 481 § 1 (part), 1997)