§ 18-96. Location and placement.

(a)

The location and installation of all newsracks shall comply with local and state regulations, including disability accessibility regulations.

(b)

No newsrack or base shall be chained, bolted or otherwise attached to any fixture, located in the right-of-way, except to other newsracks upon mutual consent of all of the parties. The county is not responsible for damage caused to a newsrack resulting from the removal of the nonconforming newsrack to which the damaged newsrack is chained.

(c)

Newsracks may be placed next to one another, provided that no group of newsracks extends for a distance of more than eight (8) feet, in any direction, with a space of not less than three (3) feet separating each group of newsracks.

(d)

Newsracks may only be placed within a landscaped area or area improved with mulch, flowers, shrubs, trees or other manicured vegetation, if said placement does not cause damage to or encroach upon the surrounding landscaped or improved area and so long as the compartment doors, on each newsrack, are situated in such a manner that patrons do not have to travel through the landscaped or improved area to access the publication, or publications, contained therein.

(e)

A newsrack containing a specific publication title, shall not be placed within one hundred fifty (150) feet, on the same side of the street, as another newsrack containing the same publication title, except where separated by a roadway.

(f)

No newsrack shall be placed on a handicapped access ramp.

(g)

No newsrack shall be placed, installed, used, or maintained:

(1)

Within five (5) feet of any marked or unmarked crosswalk;

(2)

Within any roadway, sidewalk, clear zone of the roadway as established by the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (current edition);

(3)

Within fifteen (10) feet of any fire hydrant, fire call box or police call box;

(4)

Within fifteen (15) feet of any driveway;

(5)

Within fifteen (15) feet of any police station driveway, fire station driveway, ambulance station driveway, hospital emergency room driveway or other emergency facility driveway;

(6)

Within two (2) feet of any bus bench, plaza bench, or bus shelter;

(7)

Directly adjacent to or within two (2) feet of signs, parking meters, street lights, traffic signal poles or utility poles;

(8)

At any location where the newsrack causes or creates a traffic hazard;

(9)

At any location which would obscure traffic control signs from the visibility of motorists;

(10)

Within the median of a divided road;

(11)

Facing another newsrack, divided by the width of a pedestrian walk, sidewalk, or bike path of less than fifteen (15) feet in width.

(h)

No newsrack shall be placed at any site or location when the installation, use or maintenance:

(1)

Endangers the safety of persons or property; or

(2)

Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle; or

(3)

Unreasonably interferes with the ingress or egress from any residence or place of business; or

(4)

Unreasonably interferes with the use of traffic signs or signals, fire hydrants or mailboxes; or

(5)

Unreasonably interferes with the use of school crossings.

(Ord. No. 01-15, § 6, 10-29-01)