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HomeMy WebLinkAbout~Master - Regulating the Placement of Newspaper Dispensers on City Property ORDINANCE NO. 3129 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ADDING A NEW SECTION 22.24 FOR THE PURPOSE OF REGULATING THE PLACEMENT OF NEWSPAPER DISPENSERS ON CITY PROPERTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by enacting a new Section as follows: "Sec. 22.24. SPECIAL REGULATIONS FOR NEWSPAPER DISPENSERS (1) Devices for the vending or dispensing of newspapers shall not be set on sidewalks or other city property except pursuant to a permit that shall be issued by the City Clerk subject to the regulations of this section. (2) No such device shall be located: (a) Within five feet of any fire hydrant, fire or police alarm box, or other emergency facility; (b) Within two feet of any marked crosswalk or any driveway; (c) Where it restricts access to a bus shelter or a bus bench; (d) Where it interferes with loading or unloading at the front and rear doors of buses; (e) On any handicap access ramp; (f) In such a manner as to reduce the clear space for the passageway of pedestrians on sidewalks to a continuous and unobstructed width of less than four feet (3) On street right of way such devices shall only be placed either: (a) Not more than one foot back from the face of the curb; or, (b) Not more than six inches from a public utility pole or a traffic sign pole located near the curb; or, (c) Parallel to the wall of a building and not more than six inches from the wall. When a newspaper dis- pensing device is placed near the curb, the device shall be positioned so that the opening through which newspapers are dispensed does not face the curb line. (d) No newspaper dispensing device set on city proper- ty shall exceed five feet in height or two feet in depth. The maximum width of a newspaper dispens- ing device shall be computed by multiplying by two and one-half feet the number of laterally-installed dispensing compartments, which number shall not include dispensing compartments installed on top of other such compartments. (e) If located along a street where parking is permit- ted, the maximum width of the device, or grouping of devices shall not exceed ten feet along the street. There shall be not less than four feet between groups. (f) No nearer than eight feet to an electric utility pole. (4) Applications for permission to place one or more devices for dispensing newspapers shall be filed with the city clerk on such forms as the clerk shall provide. The clerk shall charge a permit fee in such amount as shall from time to time be established by the city council as sufficient to defray costs of administration and inspec- tion. A device for dispensing newspapers may be moved from one permitted location on city property to another such place if a site plan showing the exact new location is filed with the city clerk no later than the next business day after the move and provided that the place- ment of the device at the new site is in compliance with the requirements of this section. (5) An insurance certificate naming the City of Ames as an additional insured with comprehensive general liability limits in the amount of $500,000 combined single limit shall be in full force and effect during the life of the permit. A copy of the current insurance certificate shall be maintained on file with the city clerk. (6) Newspaper vending devices on city property may be secured to the earth by means of anchors which meet the approval of the Department of Public Works; but, they shall not be attached in any manner to any public utility pole, street light pole, traffic sign, tree, bench, fire hydrant or any other city property, including pavement. 2 (7) If any person shall complain to the city that a permitted newspaper dispensing device on city property is a present or potential cause of harm to persons or proper- ty, notice shall be given to the permittee. If the permittee does not choose to voluntarily remove the device in response to the complaint, a hearing shall be held after five days' notice before a panel composed of the Traffic Engineer, and two other persons designated by the City Manager to hear and review the testimony, evidence and arguments of all concerned. If the panel finds a hazard as aforesaid, the device shall be removed within one business day of notice. Failure to remove the device as directed shall constitute a violation of this section." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 11th day of June 1991. Nancy Dionigi City Clerk rry R. urtis, Mayor 0152 3