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HomeMy WebLinkAboutOrdinance No. 264 ORDINANCE C,TY OF co/ g AN ORDINANCE ESTABLISHING RULES AND REGULATIONS GOVERNING NEWSPAPER BOXES ON STREETS, RIGHT-OF- WAYS, AND OTHER PUBLIC PLACES WITHIN THE CITY; REGU- LATING THE SIZE AND APPEARANCE OF NEWSPAPER BOXES; REGULATING THE LOCATION OF NEWSPAPER BOXES; PRO- VIDING FOR A FEE AND INDEMNITY AGREEMENT FOR THE PLACEMENT OF NEWSPAPER BOXES; PROVIDING FOR THE RELOCATION OF NEWSPAPER BOXES WHICH POSE A DANGER TO THE PUBLIC; PROVIDING NOTICE; PROVIDING A PENALTY NOT LESS THAN ONE DOLLAR NOR MORE THAN TWO HUN- DRED DOLLARS, AND THAT EACH DAY THE VIOLATION CONTINUES SHALL CONSTITUTE A SEPAEATE OFFENSE; PRO- VIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMER- GENCY AND EFFECTIVE DATE WHEREAS, the City Council is empowered by Tex. Rev. Civ. Stat. Ann. art. 1011 (Vernon 1963) to pass ordinances, rules and police regulations, not contrary to the Constitution of the State of Texas, for the good government, peace and order of ~-~t~ ~0/.0~/~/ , (the "City") and the trade and commerce of the City, that may be necessary or proper to carry into effect the powers vested by statute, to enforce the observance of all such rules, ordinances and police regulations, and to punish violations thereof; and WHEREAS, the City Council is empowered by Tex. Rev. Civ. Stat. Ann.- art. 1015, §9 (Vernon 1963) to direct the location of business; and WHEREAS, the City Council is empowered by Tex. Rev. Civ. Stat. Ann. art. 1015, §11 (Vernon 1963) to abate and remove nuisances and to punish the responsible party thereof by fine, and to define and declare what shall be nuisances and authorize and direct the summary abatement thereof, and to abate all nuisances which may injure or affect the public health or comfort in any manner the City Council may deem expedient; and WHEREAS, the City Council is empowered by Tex. Rev. Civ. Stat. Ann. art. 1015, §23 (Vernon 1963) to prevent the encumbering of the streets, alleys, sidewalks, and public grounds, with any boxes, lumber, posts, signs, or any other substance or material whatever; and WHEREAS, the City Council is empowered by Tex. Rev. Civ. Stat. Ann. art. 1015, §35 (Vernon 1963) to tax all trades, professions, occupations and callings not prohibited by the Constitution of the State of Texas; and WHEREAS, the City Council is empowered by Tex. Rev. Civ. Stat. Ann. art 1015, §37 (Vernon 1963) to license, tax and regulate or suppress and prevent peddlers; and WHEREAS, the City Council is empowered by Tex. Rev. Civ. Stat. Ann. art 1015 §39 (Vernon 1963) to authorize the proper officer of the City to grant Ap?roved by Ci[y Council ~oi. _ Pa=e , -- and issue licenses, and to direct the manner of issuing and registering thereof, and the fees to be paid therefor, provided no license shall be issued for a longer period than one year, and shall not be assignable except by permission of the City Council; and WHEREAS, the City Council is vested with the exclusive control and power over the streets, alleys, and public grounds and highways of the City and is empowered by Tex. Rev. Civ. Stat. Ann. art 1016 (Vernon Supp. 1982-1983) to abate and remove encroachments or obstructions thereon, to clean and otherwise improve the streets; and WHEREAS, the City presently has no ordinance, rule or police regulations governing newspaper boxes on streets and other public places within the City; and WHEREAS, newspaper boxes have been placed on streets, right-of-ways and other public places within the City which do or may create a nuisance or cause an encumberance of, encroachment or obstruction on the streets, alleys, sidewalks, and public grounds; and WHEREAS, newspaper boxes may in the future be placed on streets, right- of-ways, and other public places within the City which create a nuisance or cause an encumberance of, or encroachment or obstruction on the streets, alleys, sidewalks, and public grounds; and WHEREAS, the City desires to regulate the size and appearance, the location, and the securing of newspaper boxes on streets, right-of-ways and other public places within the City to allow for the unobstructed flow and view of vehicular and pedestrian traffic, to prevent the obstruction of parking, and to- prohibit the placement of structures which create a nuisance or danger to persons or property; NOI% THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ClX)/ OF T'/-/~L C_~.g.o,,qy, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. Definitions. As used in this ordinance certain words, terms or phrases shall have the following meaning ascribed to them: A. Newspaper - A publication intended for general circulation, and published regularly at short intervals, containing intelligence of current events and news of general interest. B. Newspaper box - A receptacle or container used for holding or placing a newspaper for sale or offered for sale. C. Person Any natural person, association of natural persons, trustee, receiver, partnership, firm, corporation, organization, or the manager, agent, servant, or employee, including, but not limited to, independent contractors, of any of them. -2- D. Public place - Any publicly owned property dedicated for public purposes other than streets and right-of-ways. E. Right-of-way - Any publicly owned property dedicated for pedes- trian or vehicular passage, which is used for public transportation purposes, public utility purposes or other government use, including but not limited to sidewalks, curbs, streets, paved or unpaved spaces, and spaces improved with lawn. F. Sidewalk - That portion of a right-of-way between the curb lines, or latera! lines of a roadway, and the adjacent property lines intended for the use of pedestrians. G. Single-family detached dwelling - An enclosed building having accomodations for and occupied by only one family. H. Street - That portion of a right-of-way improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder, including alleys. Section 3. Size and Appearance - Requirements. A. Size. No newspaper box shall be installed, placed, used or mainta~n~-~-d on any street, right-of-way, or other public place within the City which shall exceed the dimensions, including the coin box, of 24 inches in width, 18 inches in depth, and 50 inches in height, nor which shall exceed, in the aggregate, 150 pounds when empty, including materials authorized in Section 5. B. Appearance. The following shah apply to all newspaper boxes installed, placed, used or maintained on any street, right-of-way, or other public place within the City: (1) No newspaper box shall be constructed of a material other than metal, except as provided in Section 5. (2) No newspaper box shall be painted or otherwise colored, including lettering thereon, with more than two colors or with any design or pattern other than that used for lettering or the official logo of the newspaper, if any. The limitation regarding use of colors, and design or pattern shall not apply to the following: (a) instructions used to inform purchasers of newspapers or other users of the newspaper box of the method of operating the newspaper box, (b) advertisements permitted in Section 3.B.(3), (c) information required to be affixed to a newspaper box pursuant to the terms of Section 3.B.(5). -3- (3i No newspaper box shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper sold therein. (4) Each newspaper box shall be maintained in a clean and neat condition and in good repair at all times. (5) Every person who installs, places or maintains a newspaper box shall have his name, and current address and telephone number affixed thereto in a place where such information may be easily seen. Section 4. Location - Requirements. A. No ne~spaper box shall be installed, placed or maintained on, in, or over any street or right-of-way within the City which is adjacent and contiguous to any tract of land developed with a single-family detached dwelling or a structure devoted to religious worship, unless the owner or owners of the tract of land consent. B. No ~,e,rson shall install, place, or maintain any newspaper box which projects onto, into, or over any part of any city street, or which rests, wholly or in part, upon, along or over any portion of a city street. C. No person shall install, place, or maintain any newspaper box which in whole or in part rests upon in or over any sidewalk or parkway, when such installation, placement, maintenance, or the use thereof endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other J government use, or when such newspaper box unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location. D. No newspaper box shall be installed, placed," or maintained: (1) Within one foot of the edge of any property line. (2) Within two feet of the edge of any street. (3) Within three feet of any fire hydrant, fire call box, police call box or other emergency facility. (4) Within three feet of any driveway. (5) At any location whereby the clear space for the passageway of pedestrians is reduced to less than three feet. E. No person shall install, place or maintain more than one newspaper box within one-quarter (1/4) mile of another newspaper box containing the same newspaper along the same street or right-of-way. -4- Section 5. Methods of Securing. Newspaper boxes may be secured only through the use of concrete blocks, or other similar material or substance used for increasing weight, preferably concealed within the newspaper boxes, or by chaining one newspaper box to another. No newspaper box shall be chained, bolted, or otherwise attached to any property not owned by the owner of the newspaper box or to any permanently fixed object without the consent of the owner. Section 6. Fee and Indemnity Agreement - Required. A. Fee. (1) Each and every person seeking to install, place or maintain a newspaper box on a street, right-of-way, or other public place within the City shall pay a fee of five dollars ($5.00) per year per newspaper box at the office of the City Manager during regular business hours, Monday through Friday, 8:00 o'clock a.m. until 5:00 o'clock p.m. prior to installing, placing, or maintaining said newspaper box. (2) The fee shall cover the cost and expense of enforcement of this ordinance. (3) Upon payment of the f~e, a permit shall be issued by the City Manager or his designated agent, to the person installing, placing or maintaining the newspaper box, which permit shall show the following information: (a) the date the fee was paid, (b) the amount paid, (c) the name, address and telephone number of the person installing, placing or maintaining the newspaper box on a street, right-of-way, or other public place within the City, (d) the name, address and telephone number of the person publishing the newspaper, and the name of an officer, employee, agent or other representative who may be contacted at said address regarding matters concerning this ordinance, and (e) the location by lot and block number and/or street number and name of the placement of the newspaper box. (4) A separate permit shall be issued showing the information required in Section 6.A.(3) for each newspaper box, and each permit shall automatically expire at 5:00 o'clock p.m. on the first anniversary date following the issuance of the permit. (5) The permit shall be made in duplicate with the original being retained by the person installing, placing or maintaining the newspaper box and the duplicate copy being retained in the records of the City at the office of the City Manager. -5- (6) It shall be the responsibility of the person installing, placing or maintaining a newspaper box to immediately notify the City Manager in writing of any change in the names and addresses required in subsections (3)(c) and (3)(d) of this Section 6.A. or any change in the information regarding the location of a newspaper box required in subsection (3)(e) of this Section 6.A. No additional fee shall be required to make changes to a current permit under this subsection (6). Upon receiving written notice of any such change, the City Manager or his designated agent, shall securely attach the written notice of the change to the copy of the permit on file in the office of the City ~V]anaqer. B. Indemnity Agreement. Each and every person installing, placing or maintaining and each and every owner of a newspaper box on a street, right-of-way or other public place within the City shall, at the time of payment of the fee, sign an agreement stating that the individual signing the agreement is authorized to sign the same, and stating that the said person agrees to hold harmless the City and its agents, employees, and servants from any and all liability resulting from the installation, placement, use or maintenance of the said newspaper box. Section 7. Relocation of Newspaper Boxes. Any newspaper box installed, placed, used or maintained in such a manner as to create an imminent danger or hazard to the safety of persons or property may be summarily moved and relocated by any public officer of this City in such a manner as to correct the dangerous or hazardous condition. The public officer~ who so relocates a newspaper box shall thereupon immediately give notice of such fact to the Chief of Police and the Chief of Police shall thereupon immediately take reasonable steps to notify, in writing, the person who installed, placed or maintains the newspaper box of the fact of its changed position. The said person shall have five (5) days from receipt of the City's notice of the changed position of the newspaper box to file with the office of the City Mana(~er a written request that a hearing be held before the City Council regarding the placement and the changed position of the newspaper box. The date of filing shall be deemed to be the date the written notice is received by the office of the City Manager Within seven (7) days of receipt of such written request by the office of the City Manager timely filed, a hearing shall be held before the City Council. Section 8. Other Structures Prohibited. No other objects or structures shall be permitted to be installed, placed, used or maintained on streets, right-of-ways or other public places within the City except as permitted pursuant to the terms and provisions Of this ordinance, applicable franchise ordinances, or other applicable ordinances of the City. Section 9. Printed Matter Prohibited. No person shall sell, offer for sale, or keep or maintain for sale any obscene material as such terms are defined in Section 43.21 of the Texas Penal Code, as amended, in any newspaper box installed, placed, used or maintained on any street, right-of-way or other public place within the City. -6- Section 10. Notice. Notice required pursuant to the provisions of this ordinance shall be given by certified or registered mail as follows: A. To the City. Addressed to the City Manager, B. By the City. Addressed to the name and address stated on the permit of the person installing, placing or maintaining the newspaper box and if different, to the representative of the newspaper or, if written notice of any change in the name(s) or address(es) of the same is attached to the permit, then notice sent by the City shall be mailed to the name(s) and address(es) indicated on the written notice attached to the permit. Section 11. Penalty. It shall be unlawful for any person to violate any of the provisions of this ordinance a.nd any person violating this ordinance or any provision hereof shall, upon conviction, be punished by a fine of not less than One DoLlar ($1.00) nor more than Two Hundred Dollars ($200.00), and each day that a violation continues shall constitute a separate offense. Section 12. Severability. If any section, paragraph, sentence, clause, phrase or word of this ordinance, or application hereof to any person or circumstance, is held invalid_ by any Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining sections and parts shall remain in full force and effect. Section 13. Emergenc~. The fact that the present ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public welfare which requires that the provisions of this ordinance shall take effect upon the publication of this ordinance as provided by law, and it is accordingly so ordained. PASSED AND APPROVED this ~_~/2~. day of ~-~ , 1983. y ' Y, Y ~, Texas [SEAL] A~jAS TO FORM: ~t~ Attorney,~City~, Texas -8-