§ 18-95. Installation and maintenance.

(a)

Individual newsracks shall be of a free standing rectangular type with external dimensions of not more than fifty-eight (58) inches in height, thirty (30) inches in width, twenty-four (24) inches in depth, and a minimum of fifty (50) pounds. A coin box may be internal or affixed to the top of the rack and have external dimensions which do not exceed thirteen (13) inches in height, nine (9) inches in width, and nine (9) inches in depth. Under no circumstances shall the combination of any coin box and the individual newsrack to which it is attached exceed fifty-eight (58) inches in height or thirty (30) inches in width. Newsracks shall be of substantial construction, designed to withstand the stresses associated with sale and dispense and environmental exposure. Individual newsracks shall carry no paid advertising.

(b)

Modular newsracks shall have external dimensions of not more than fifty-eight (58) inches in height, one hundred fifty (150) inches in width, and twenty-six (26) inches in depth. Modular newsracks shall be of substantial construction, designed to withstand the stresses associated with sale and dispense and environmental exposure. Modular newsracks shall contain no paid advertising except for that expressly permitted in the agreement between the county and a modular newsrack provider.

(c)

All newsracks shall be installed in a safe and secure manner and comply with the following securing standards:

(1)

Newsracks shall not be chained to any tree, traffic control device, sign, bench, bus shelter, or pole.

(2)

Each individual newsrack shall be kept level and, if located outside of an enclosed building, bolted into a solid base or weighted with fifty (50) pounds or more or otherwise securely fastened to meet applicable safety and stability standards. No individual newsrack or solid base shall be bolted directly into the sidewalk.

(3)

No newsrack or base shall be used or maintained in such a way that it rests on or projects onto, into, or over any part of the roadway or median of any public street or any part of a drainage grate or manhole.

(4)

The base must be set in and flush with the ground and be maintained in a safe and secure condition.

(5)

Any base installed or used, for the purpose of securing a newsrack, shall remain the responsibility of the newsrack provider who installs or uses the base and shall be removed, by said newsrack provider, immediately upon abandonment or removal of the newsrack. Upon removal of the base, the underlying surface shall immediately be returned to its original condition.

(d)

Each newsrack shall be maintained in a neat, clean condition and kept in good repair at all times. Specifically, each newsrack shall be serviced and maintained so that:

(1)

It is free of graffiti;

(2)

It is free of dirt and grease;

(3)

It is free of chipped, faded, peeling, or cracked paint;

(4)

It is free of rust and/or corrosion;

(5)

The clear plastic or glass parts thereon, if any, through which the publication is viewed, are unbroken, and reasonably free of cracks, dents, blemishes, and discolorations;

(6)

Any paper or cardboard inserts are free of tears, peeling or fading; and

(7)

The structural parts are not broken or badly dented.

(e)

Each newsrack shall be decorated in a single, non-fluorescent, reasonable color, which either blends with the surrounding area, or is aesthetically pleasing, except within a modular newsrack district where a specific color or color scheme has been established therefor.

(f)

Each newsrack must display a name, address and telephone number of the individual, or legal entity who is responsible for the newsrack and who may be contacted, at any time concerning the newsrack, in such a manner as to be readily visible and readable to all prospective customers.

(g)

Each coin operated compartment within a newsrack shall display, directly on the coin box itself and in such a manner as to be readily visible and readable to all prospective customers, the name, address and telephone number of the individual, or legal entity who is responsible for the publication in that compartment and who may be contacted, at any time, concerning reimbursement in case of coin mechanism failure.

(Ord. No. 01-15, § 5, 10-29-01)