HomeMy WebLinkAboutA001 - cover memo dated May 8, 1991 `2
MEMORANDUM
TO: Nancy Dionigi , City Clerk
FROM: John R. Klaus, City Attorney
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DATE: May 8, 1991
RE: Ordinance Regulating Placement of Newspaper Dispensers
With this is a form of ordinance prepared after final discussions between
Scott Logan, Mark Reinig, yourself, and I . Newsboxes located on public
property, especially on sidewalks, can constitute an unreasonable impediment
or hazard to the public. For a time in the past, these devices were, as you
know, regulated under the general obstruction permit provisions of the City
Code. However, in view of litigation involving these devices in Des Moines,
a more specific set of regulations is appropriate. Newspaper vending ma-
chines are viewed as having a greater degree of constitutional protection,
due to the First Amendment activity to which they pertain, then the other
vending obstructions that could be placed on the City's sidewalks and
property. This ordinance reflects the comments received from the Risk
Manager and the City Manager's office.
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