§ 102.44. PROHIBITED LOCATIONS.

(A)

Landscaped Areas: Movable fixtures shall not be placed or installed or erected on any landscaped area within an improved Public Right-of-Way or public property. The landscaped areas include, but are not limited to, those areas in which the following ground cover material is placed:

(1)

Decorative plants; or

(2)

Native plants maintained to match the surrounding flora.

(B)

Concrete Pads: Modular newsracks may not be placed in any Public Right-of-Way or on any city property unless installed on a concrete pad and securely affixed thereto.

(C)

Public Utilities: Movable fixtures shall not be placed, installed or erected to obstruct the use of any public utility pole or structure. These areas are designated as follows:

(1)

Drainage Structures. Movable fixtures shall not be physically attached, chained or bolted to any drainage structure, inlet pipe or other physical object meant to carry water for drainage purposes.

(2)

Utility Poles. Movable fixtures shall not be physically attached, chained or bolted to a utility pole.

(3)

Fire Hydrants. Movable fixtures shall not be located within fifteen (15) feet of a fire hydrant.

(D)

Traffic Control Devices: Movable fixtures shall not be physically attached, chained, bolted or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be designated as follows:

(1)

Traffic Signals.

(a)

Movable fixtures shall not be physically attached, bolted or chained to a traffic signal pole.

(b)

Movable fixtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fixtures shall be placed at least thirty-six (36) inches away from such pedestrian traffic signal push buttons.

(2)

Traffic Signs. Movable fixtures shall not be physically attached, bolted or chained to a traffic sign or post used for the support of a traffic sign or signs.

(E)

Paved Surfaces: No movable fixture shall be placed, installed or erected directly on a paved surface which is intended primarily for the use of motor vehicles.

(F)

Sidewalks: Movable fixtures placed or maintained on a sidewalk shall leave a clear area for traffic of not less than forty (40) inches.

(G)

Bike Paths: Movable fixtures which are placed or maintained on a bike path shall leave a clear area for traffic of not less than eight (8) feet.

(H)

Clear Zones: Movable fixtures shall not be installed, placed or erected within clear zones as defined in this Section. Clear zones are defined as follows:

(1)

The area measured within four (4) feet of the face of a six-inch-high vertically faced curb. Where the four-foot minimum is impractical, the minimum may be reduced to two and one-half (2½) feet.

(2)

In all other locations, the movable fixture shall be located no less than ten (10) feet away from the edge of the pavement. If there is not ten (10) feet available, the movable fixture shall be located as far away from the edge of the pavement as possible.

(I)

Sight Areas: Movable fixtures shall not be placed, attached, installed or erected within the sight areas defined in this Section. For purposes of this Section, sight areas extend vertically from a point commencing three (3) feet above the pavement elevation, and encompass the triangular area of property located at a corner formed by the intersection of two (2) or more Public Rights-of-Way, with two (2) sides of the triangular area extending twenty-five (25) feet from their point of intersection along the edge of pavement, and the third side being a line connecting the ends of the other two (2) lines. (See Figure 1). All obstructions to the required sight distance shall be removed within the area shown in Figure 1.

Typical Intersection (Not to Scale)

(J)

Other Areas: Movable fixtures shall not be placed, installed or erected in any of the areas defined in this Section:

(1)

The area within fifty (50) feet of any railroad track.

(2)

On any City property unless the location has been specifically designated by the City Manager or an authorized representative.

(a)

The City Manager or the duly authorized City representative shall designate locations at City facilities for the placement of movable fixtures.

(b)

The City shall prepare a map for each City facility illustrating the designated locations for the placement of movable fixtures. The location maps shall be available for inspection at the office of the City Clerk.

(3)

The area within the medians of a divided roadway.

(4)

Newsracks or modular newsracks may not be placed within a one hundred-fifty-foot radius of another newsrack containing the same newspaper, news periodical, or advertising circular except where separated by a street corner. Where warranted by the quantity of newspaper sales, the Code Enforcement Administrator may allow a double newsrack not more than forty (40) inches wide otherwise complying with the requirements of Section 102.43.

(5)

Newsrack and modular newsrack locations may be agreed upon by mutual consent of the City, publishers and distributors.

(6)

Movable fixtures shall not be placed on any roadway, bike path or swale area in front of, to the rear of, or to the side of a single-family residence within the City.

(Ord. No. 27-96, passed 8/6/96; Am. Ord. No. 45-98, passed 10/20/98)