§ 102.43. STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS, INCLUDING MAINTENANCE, INSTALLATION AND LOCATIONS.

Any newsrack or modular newsrack which in whole or in part rests upon, in or over any public property or right-of-way located within the City shall comply with the following standards:

(A)

Newsrack Specifications. A newsrack shall not exceed four (4) feet, six (6) inches in height (including the pedestal, if any), forty (40) inches in width, or twenty-four (24) inches in depth.

(B)

Modular Newsrack Specifications. A modular newsrack shall not exceed four (4) feet, six (6) inches in height (including the pedestal, if any), and twenty-four (24) inches in depth. A modular newsrack's width shall not exceed the width of the concrete pad.

(C)

Rectangular Shape. Modular newsrack modules shall be arranged so as to provide an overall square or rectangular shape to the entire modular newsrack.

(D)

Advertising Restrictions. Newsracks and modular newsracks shall carry no advertising except for the name of the publication being distributed, and a cardholder kept in a neat and untorn condition describing the publication being distributed.

(E)

Coin Returns. Coin-operated newsracks and coin-operated modular newsracks shall be equipped with a coin return mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the newsrack is inoperable. At all times, the coin return mechanism shall be maintained in good working order.

(F)

Label Required. Each controlling entity shall permanently affix to its modular newsracks and newsracks a label which states a 24-hour, operable telephone number of a working telephone service which the customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face the name and address of the controlling entity to give the notices provided for in this Chapter.

(G)

Modular Newsrack Locations.

(1)

In the following locations, individual newsracks are prohibited. Modular newsracks may only be placed on concrete pads which will be constructed by the City in the following areas.

(a)

Within the downtown area.

1.

East Atlantic Avenue east of the FEC Railroad tracks adjacent to the parking lot on the west side of S.E. 3rd Avenue.

2.

On the east side of the building located at the southwest corner of southbound Federal Highway and Atlantic Avenue.

3.

The Municipal Tennis Center, in close proximity to the clubhouse building.

4.

In front of City Hall on N.W. 1st Avenue.

5.

At the Gleason Bath House at Atlantic Avenue and South Ocean Boulevard.

6.

Adjacent to the building located at 40 South Ocean Boulevard.

(b)

Within the North Federal Highway Redevelopment Area.

(c)

Within the West Atlantic Avenue Redevelopment Area.

(d)

A modular newsrack may be placed on the west side of South Ocean Boulevard approximately one thousand (1,000) feet south of Linton Boulevard

(2)

The color of the modular newsracks shall have gloss black bases and forest green sides and doors. A color sample is available in the Community Improvement Department.

(H)

Maintenance and Repair. The controlling entity shall maintain each movable fixture in a neat and clean condition, and in good repair at all times. Each movable fixture shall be maintained so that:

(1)

It is free of graffiti.

(2)

It is reasonably free of dirt and grease.

(3)

It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.

(4)

It is reasonably free of rust and corrosion in the visible metal areas thereon.

(5)

The clear plastic or glass parts thereon, if any, through which the publications are viewed are unbroken and reasonably free of cracks, dents, blemishes, and discoloration.

(6)

The paper or cardboard parts or inserts thereof are reasonably free of tears, and are not peeling or tearing.

(7)

The structural parts are not broken or unduly misshapen.

(8)

The surrounding area upon which the newsrack or modular newsrack is placed will also be maintained in a neat and orderly condition.

(I)

Advertising on Benches Prohibited. The use of a bench for advertising purposes is strictly prohibited.

(J)

Safe and Secure Installation. Any newsrack or modular newsrack being installed, placed or maintained on a Public Right-of-Way, street or sidewalk or other public property shall be installed in a safe and secure manner so as to prevent the newsrack or the modular newsrack from being stolen or becoming a hazard in severe weather. At any time, the total weight of the newsrack, or modular newsrack and any weighting device shall not be less than one hundred twenty-five (125) pounds. A modular newsrack must be secured to a concrete pad.

(1)

The following standards shall be applicable to the mounting of non-modular newsracks in this City:

(a)

Foundation four-inch minimum concrete, two thousand five hundred (2,500) psi. (twenty-eight-day strength), Class I.

(b)

Two-inch minimum concrete edge distance for bolts.

(c)

One half-inch chamfer all concrete edges.

(d)

Three-eighths-inch diameter hot-dipped galvanized hex bolt mounts, three-inch minimum imbedment, threads down, through four (4) corners of the pedestal base.

(e)

All bolts to go through a predrilled closed hole.

(K)

Hurricane Warnings. In the event of the issuance of a hurricane warning by any entity with jurisdiction to issue such a warning, the newsrack shall be secured to the ground or placed in such a manner so that the newsrack is parallel to the ground.

(L)

Recovery and Collection. The controlling entity of a modular newsrack or newsrack shall not recover or collect, from entities placing for distribution publications in a newsrack or modular newsrack, payments in excess of the actual cost of the newsrack or modular newsrack, and the actual reasonable costs for maintenance. The cost of the modular newsrack may be prorated in proportion to the size of the individual module in a modular newsrack. The cost of a modular newsrack or newsrack may be paid over a thirty-six-month period, or less, in equal monthly installments. The annual maintenance costs may also be paid in equal monthly installments. In no event, however, shall a controlling entity collect payments over the actual costs referred to above, once recaptured. The controlling entity shall file a document with the Code Enforcement Administrator illustrating the monthly cost computations.

(M)

Uniformity, Compatibility of Style. The City may order the removal of modular newsracks from Public Rights-of-Way and City property in order to serve as a controlling entity of modular newsracks to ensure uniformity and compatibility of style.

(N)

Placement on Concrete Slab. Modular newsracks shall not be placed on the concrete slab in a manner to obstruct other modular newsracks on the same concrete slab nor may they extend beyond the concrete slab.

(O)

Movable Fixtures. Movable fixtures shall be installed and maintained by the controlling entity or their agent or designee in conformity with existing City Ordinances. Any movable fixture found to be in violation of the City Ordinances is subject to the enforcement provision of Section 102.47 and subject to abandonment where indicated by Section 102.46.

(Ord. No. 27-96, passed 8/6/96; Am. Ord. No. 45-98, passed 10/20/98; Ord. No. 9-06, § 1, passed 2/21/06)