HomeMy WebLinkAbout124-O-21 Amending Portions of the Evanston City Code Title 7, Section 3, Chapter 15, “Newsracks”124-0-21
11/11/21
124-0-21
AN ORDINANCE
Amending Portions of the Evanston City Code Title 7, Section 3,
Chapter 15, "Newsracks"
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 7, Section 3, Chapter 15, "Newsracks" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
7-3-15. NEWSRACKS.
Terms used in this Section shall have the following meanings:
DISTRIBUTOR.
The person responsible for placing and maintaining a newsrack.
NEWSRACK.
Any self-service or coin -operated box, container, storage unit or
other dispenser which fully encloses and secures the periodicals
contained therein and is installed, used or maintained for the
dissemination of newspapers or other news periodicals regardless
of whether a charge is imposed.
OFFICIAL CITY
A fixture provided by the City for the placement of multiple
NEWSRACK
newsracks.
ENCLOSURE.
PERMIT.
An administrative/inspection permit issued by the City Manager or
his/her designee.
PERSON.
Any person, persons, or entity including, but not limited to, a
corporation, partnership, unincorporated association orjoint
venture.
PUBLIC
Any public property within the City which shall include, but not be
PROPERTY.
limited to, streets, roadways, right-of-ways, and parkways.
ROADWAY.
That portion of a street improved, designed, or ordinarily used for
vehicular travel.
(Ord. No. 95-0-97)
7-3-15-2. DECLARATION OF PUBLIC NUISANCE.
The violation of any provision in this Section is expressly declared to be a public
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nuisance.
7-3-15-3. ADMINISTRATIVE/INSPECTION PERMIT REQUIRED.
It shall be unlawful for any person to erect, place, install, maintain or operate a
newsrack on any public property within the City without an administrative/inspection
permit.
Administrative/inspection permits are only valid for the person, periodical and
location specified in the inspection permit application and are not assignable or
transferable. Administrative/inspection permits will be valid until December 31 st of
each year and subject to vearlv renewal in order to continue the placement of the
newsrack at the location specified.
7-3-15-4. APPLICATION.
Applications for an administrative/inspection permit under this Section shall be
made to the City Manager or his/her designee on forms prescribed by the City Manager
or his/her designee.
7-3-15-5. ISSUANCE OF ADMINSITRATIVE/ INSPECTION PERMIT.
Upon receipt of an application for a newsrack administrative/inspection permit,
the City Manager or his/her designee shall review the application and determine
compliance with all applicable City, State „r Federal Gedes, ordinances, statutes,
policies and rules and regulations. When the review reveals that all applicable
requirements are complied with, an administrative/inspection permit shall be issued
within teR (10) twentv (20) business days of its receipt. If a determination is made that
the applicant has not complied with all applicable codes, ordinances, statues, policies
and rules and regulations, the application shall be denied and the reasons for such
denial shall be stated in writing and mailed to the applicant within five (5) twentv (20)
business days of receipt of the application. Any applicant that receives a notification of
denial for a newsrack administrative/inspection permit in accordance with this Section,
shall have a right to a hearing as provided for in Subsection 19 of this Section.
7-3-15-6. AGREEMENT REQUIRED.
In every application for a newsrack, the applicant shall agree to the following:
(A) That any and all costs related to the installation and maintenance or removal of
the newsrack shall be incurred by the applicant.
(B) That the privileges granted to the applicant are nontransferable and shall only
apply to the periodical and location specified in the respective application.
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(C)That the applicant shall name the City as an additional insured, in the amount as
specified by the City from any loss or claim for personal injury or property
damage, alleged against the City or applicant, arising out of the installation,
removal, existence, use or maintenance of the newsrack. In the event the City,
its officers, Directors, employees and agents are named as defendants in any
personal injury or property damage claim or suit concerning a newsrack, the City
may tender and the applicant must accept defense of all claims and suits which
do not allege specific misconduct, misfeasance or malfeasance on the part of the
City, its officers, Directors, employees and agents as the proximate or
contributing cause of loss.
(D) That upon the removal of a newsrack, the permittee shall restore the property
where the newsrack was located, to the condition of the property prior to the
installation of the newsrack, normal wear and tear excepted.
7-2-15-7. LOCATION AND MANNER OF INSTALLATION, SIZE AND
MAINTENANCE OF NEWSRACKS AND DISTRIBUTION IDENTIFICATION.
Any newsrack which in whole or in part rests upon, in or over any public property,
shall comply with the following standard:
(A) Location and Manner of Installation.
1. No box shall be less than one and a half feet (1.5') from the back of the
curb edge of the roadway.
2. No newsrack shall be permitted to rest upon, in or over any public
property, when such installation, use or maintenance endangers the
safety of persons or property, or when such site or location is used for
public utility purposes, public transportation purposes or other
governmental use, or when such newsrack unreasonably interferes with or
impedes the flow of pedestrian or vehicular traffic including any legally
parked or stopped vehicle, the ingress into or egress from any residence
or place of business, or interferes with the use of poles, posts, traffic signs
or signals, hydrants, mailboxes, parking meters, traffic -control devices, or
other objects permitted at or near said location.
3. No newsrack shall be chained, bolted, or otherwise attached to any tree,
utility pole, light pole, parking meter, traffic -control post, street sign post, or
other fixture located on public property except to other newsracks or an
official City newsrack enclosure.
4. Newsracks may be placed next to each other, provided that no group of
newsracks shall extend for a distance of more than eight feet (8') along a
curb, and a space of not less than three feet (3') shall separate each
group of newsracks.
5. No newsracks shall be placed, installed, used or maintained:
a. Within throe foot (3-' twenty feet (20') of any marked crosswalk.
b. Within twelve foot (12') twenty feet (20') of the curb return of any
unmarked crosswalk.
C. Within five foot (5') fifteen feet (15') of any fire hydrant, or other
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emergency facility.
d. Within fifteen foot (4 F'` twenty feet (20') of any intersection,
driveway, alley or street from the point where the curb line meets
an imaginary line which constitutes an extension of the boundary of
the driveway, alley or street at its narrowest point.
e. Within three feet (3') ahead or fifteen feet (15') to the rear of any
sign marking a designated bus stop.
f. Within three feet (3') of the outer end of any bus bench.
g. At any location whereby the clear space for the passageway of
pedestrians is reduced to less than throe foot (34 six feet (6').
h. Within three feet (3') of or on any public area improved with lawn,
flowers, shrubs, trees or other landscaping.
i. On or interfering with any handicapped access ramp.
j. On or within any median within any public right-of-way.
k. Within two h, R drerd fi#y foot (2-5G five hundred feet (500') of any
newsrack on the same side of the Street OR the same block
containing the same issue or edition of the same publication or
periodical.
(B) Size. No Newsrack shall exceed the following:
1. Four feet (4') in height.
2. Twenty four inches (24") in width.
3. Twenty inches (20") in depth.
(C) Maintenance.
1. No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the newspaper
or new periodical sold therein.
2. Each coin -operated newsrack shall be equipped with a coin -return
mechanism to permit a person using the machine to secure an immediate
refund in the event the person is unable to receive the paid -for periodical.
The coin -return mechanism shall be maintained in good working order.
3. Each newsrack shall be maintained in a neat and clean condition and in
good repair at all times. Specifically, but without limiting the generality of
the foregoing, each newsrack shall be serviced and maintained so that:
a. It is reasonably free of dirt and grease.
b. It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof.
C. It is reasonably free of rust and corrosion in the visible
unpainted metal areas thereon.
d. The clear plastic or glass thereof, if any, through which the
periodicals therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration.
e. The paper or cardboard parts or inserts thereof are
reasonably free of tears, peeling or fading.
f. The structural parts thereof are not broken or unduly misshapen.
7-3-15-8. DISTRIBUTOR IDENTIFICATION.
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Each newsrack shall have affixed to it, in a readily visible place so as to be seen
by anyone using the newsrack, a notice setting forth the name and address of the
distributor and the telephone number of a working telephone service to call to report a
malfunction, or to secure a refund in the event of a malfunction, of the coin -return
mechanism.
7-3-15-9. OFFICIAL CITY NEWSRACK ENCLOSURE.
The City Manager or his/her designee, shall determine various locations in the
City where official City newsrack enclosures shall be placed for the purpose of avoiding
the placement of multiple newsracks in furtherance of the City's general health, safety
and welfare.
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The installation of newsracks located within an official City newsrack enclosure
shall be exempt from the location provisions set forth in Subsection 7-3-15-7(A)1, (A)2
and (A)5j of this Chapter.
7-3-15-11. ADDITIONAL NEWSRACKS ON STREETS.
If an official City newsrack enclosure exists on a block within the City, no other
newsrack shall be permitted on the same side of za Cfreet on such a block unless the
official City newsrack enclosure is filled. If a place becomes vacant in the official City
newsrack enclosure, at the option of the City Manager or his/her designee, a permittee
may be required to remove the additional newsrack on the block and relocate the
newspaper or periodical to within the official City enclosure.
7-3-15-12. ABANDONMENT.
In the event a newsrack remains empty for a period of thirty ninetv (90)
continuous days, it shall be considered abandoned.
7-3-15-13. REVOCATION OF ADMINISTRATIVE/INSPECTION PERMIT.
The City Manager or his/her designee is hereby given the authority to revoke a
newsrack administrative/inspection permit, if a permittee has:
(A) Not complied with applicable codes, ordinances, statutes, laws, policies or rules
and regulations; or
(B) A newsrack which is a danger to the public health, safety or welfare; or
(C) Made fraudulent, false or misrepresentative statements in the application for a
permit.
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7-3-15-14. REMOVAL.
After proper notice is given, the City Manager or his/her designee may cause the
removal of a newsrack and impoundment:
(A) After revocation of a permit in accordance with Subsection 7-3-15-13 of this
Chapter.
(B) After expiration of a permit.
(C) That is installed without a permit.
(D) That is deemed abandoned or unclaimed.
7-3-15-15. IMMEDIATE REMOVAL.
In the event a determination is made that the existence of a newsrack presents an
immediate danger to the public's health, safety or welfare, the City Manager or his/her
designee, may cause the removal of such a newsrack without giving prior notice.
However, notice shall be given as soon as practicable after such removal.
7-3-15-16. IMPOUND FEE.
The permittee, or if there is no permittee, the person responsible for installing a
newsrack, shall be assessed an impound fee of $150 Said impe6i a ohcll bn
the Gity for removal and storage, in^', ,ding a teR PeFGeRt (1 not) adminictrative fee and
the cost of restoring the public property to its condition prior to the installation and
removal of the newsrack. Upon the payment of the assessed fees, the permittee or the
person responsible for installing the newsrack shall be entitled to possession of the
newsrack removed in accordance with this Section.
7-3-15-17. UNCLAIMED NEWSRACKS.
Should a permittee or the person responsible for the installation of a newsrack
fail to claim a removed newsrack or pay the fees assessed within thirtv days (30) in
accordance with Subsection 7-3-15-16 of this Chapter, such newsrack shall be deemed
to be unclaimed property and may be disposed of pursuant to law.
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All notices required to be given in accordance with this Section 7-3-15, shall be in
writina, includina diqital communication, setting forth the reasons for the denial or
revocation of an administrative/inspection permit or the removal of a newsrack and the
date the newsrack will be removed. The notice shall inform permittees that they have
the right to request a hearing before the City Manager or his/her desiqnee.
7-3-15-19. NOTICE AND HEARING.
The City manager or his/her designee, shall send notice of intent to revoke a
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newsrack administrative/inspection permit or remove a newsrack. A newsrack
administrative/inspection permit shall not be revoked unless the permittee has had an
opportunity to present evidence in his/her behalf. The City Manager or his/her
designee, shall within 5) twenty (20) business days of the hearing issue a written
order of his/her findings. Such written order shall be sent to the permitee in accordance
with the notice provisions of Subsection 7-3-15-18 of this Section. If within 0)
twenty (20) days of the notice of intent to revoke or remove, the permittee does not
request a hearing in writing, the City Manager shall have the subject newsrack
removed.
7-3-15-20. RULES AND REGULATIONS.
The City Manager is authorized to establish rules, regulations and procedures for
the implementation of this Section 7-3-17.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
November 11
Adopted: January 10 2022
Attest:
Stephanie Mendoza, City Clerk
, 2021 Approved:
1/12
N aAz [ &Jj
Daniel Biss, Mayor
Approved as to form:
Xc 41aj 6. C�
, 2022
Nicholas E. Cummings, Corporation
Counsel
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