HomeMy WebLinkAboutOrdinance No. 05 12 Place RacksORDINANCE NO. 05 / !2
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
CHAPTER 4 OF THE CODE OF ORDINANCES TO ADD A NEW ARTICLE 4.1200,
"PLACEMENT OF NEWS RACKS"; PROVIDING FOR DEFINITIONS; PROVIDING
FOR A PERMITTING PROCESS; PROVIDING MAINTENANCE STANDARDS;
PROVIDING REGULATIONS FOR PLACEMENT OF NEWS RACKS IN THE PUBLIC
RIGHT-OF-WAY; PROVIDING FOR REMOVAL FOR NONCOMPLIANCE;
PROVIDING FOR APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That Chapter 4 of the Code of Ordinances of the City of University Park is
amended to add a new Article 4.1200 to read as follows:
"ARTICLE 4.1200 PLACEMENT OF NEWS RACKS
Sec. 4.1201 DEFINITIONS
(a)
Distributor shall mean the person responsible for placing and maintaining a
news rack in a public right-of-way, or using a City-owned unit.
(b)
News rack means any self-service or coin-operated box, container, storage-
unit or other dispenser, including City-owned units, installed, used, or
maintained for the display and sale of newspapers or other news periodicals.
(c)
Parkway means that area between the sidewalks and the curb of any street,
and where there is no sidewalk that area between the edge of the roadway
and property line adjacent thereto. Parkway shall also include any area
within a roadway that is not open to vehicular travel.
(d)
Roadway means that portion of a street improved, designed, or ordinarily
used for vehicular travel.
(e)
Public Right-of-Way means all that area dedicated to public use for public
street purposes and shall include, but not be limited to, roadways, parkways,
alleys and sidewalks.
(f)
Sec. 4.1202
Sec. 4.1203
Sec. 4.1204
(b)
(c)
(d)
Sidewalk that portion of a street between the curb lines or the lateral lines of
a roadway and the adjacent property lines, intended for the use of
pedestrians.
PERMIT REQUIRED
It shall be unlawful for any person, firm or corporation to erect, place,
maintain or operate, on any public street or sidewalk, or in any other public
way or place, in the City of University Park any news rack without first
having obtained a permit from the Building and Zoning Administrator
specifying the exact location of such news rack(s). One permit may be
issued to include any number of news racks and shall be signed by the
applicant.
APPLICATION FOR PERMIT
Application for such permit shall be made, in writing, to the Building and
Zoning Administrator upon such form as shall be provided by him and shall
contain the name and address of the applicant the proposed specific location
of said news rack, shall be accompanied by the appropriate fee established
by the Master Fee Resolution for each news rack space requested, and shall
be signed by the applicant.
CONDITIONS FOR PERMIT
As an express condition of the acceptance of such permit, the permit holder
thereby agrees to indemnify and save harmless the City, its officers,
directors, and employees against any loss or liability or damage, including
expenses and costs for bodily or personal injury, and for property damage
sustained by any person as the result of the installation use or maintenance
of a news rack within the City of University Park.
Permits shall be issued for the installation of a news rack or news racks
without prior inspection of the location, except as provided herein, but such
news rack or news racks and their installation, use or maintenance shall be
conditioned upon observance of the provisions of this Article. Permits shall
be issued within twenty-four (24) hours (excluding Saturday and Sunday and
legal holidays) after the application has been filed.
Such permits shall be valid for three (3) years and shall be renewable
pursuant to the procedure for original application referred to above.
Stickers showing the permit number shall be issued with the permit and
must be displayed on the front of each news rack at all times.
Sec. 4.1205 STANDARDS FOR MAINTENANCE AND INSTALLATION
Any news rack, which in whole or in part rests upon, in or over any public sidewalk
or parkway, shall comply with the following standards:
(a)
No news rack shall exceed five feet (5') in height, thirty inches (30") in
width, or two feet (2') in thickness.
(b)
No news rack shall be used for advertising signs or publicity purposes other
than that dealing with the display, sale, or purchase of the newspaper or
news periodical sold or distributed from such news rack.
(c)
Each news rack shall be equipped with a coin-return mechanism to permit a
person using the machine to secure an immediate refund in the event he is
unable to receive the publication for which he has paid. The coin-return
mechanisms shall be maintained in good working order.
(d)
Each news rack shall have affixed to it in a readily visible place so as to be
seen by anyone using the news rack 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-returned mechanism or to give the notices provided
for in this Article.
(e)
Each news rack 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 news rack shall be serviced and maintained so that:
(1) It is reasonably free of dirt and grease.
(2) It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof.
(3) It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
(4)
The clear plastic or glass parts thereof, if any, through which the
free of cracks, dents, blemishes and discoloration. Publications
therein are viewed are unbroken and reasonably
(5) The paper or cardboard parts or inserts thereof are reasonably
free of tears, peeling or fading.
(6) The structural parts thereof are not broken or unduly misshapen.
Sec. 4.1206 LOCATION AND PLACEMENT OF NEWS RACKS
Any news rack which rests in whole or in part upon, or on any portion of a public
right-of-way or which projects onto, into, or over any part of a public right-of-way
shall be located in accordance with the provisions of this Article:
(a)
No news rack shall be used or maintained which projects upon, into, or over
any part of the roadway of any public street, or which rests wholly or in part
upon, along, or over any portion of the roadway of any public street.
(b)
No news rack shall be chained, bolted, or otherwise attached to any fixture
located in the public right-of-way, except to other news racks.
(c)
News racks may be placed next to each other, provided that no group of news
racks 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 news
racks.
(d) No news racks shall be placed, installed, used or maintained:
(1) Within three feet (3 ') of any marked crosswalk.
(2)
Within twelve feet (12') of the curb remm of any unmarked
crosswalk.
(3)
Within five feet (5') of any fire hydrant, fire call box, police
call box or other emergency facility.
(4) Within five feet (5') of any driveway.
(5)
Within three feet (3') ahead or fifteen feet (15') to the rear of
any sign marking a designated bus stop.
(6) Within three feet (3') of the outer end of any bus bench.
(7)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet (6').
(8)
Within three feet (3') of or on any public area improved with
lawn flowers, shrubs, trees or other landscaping.
(9) On any handicap access ramp.
(10)
At any location in Snider Plaza, between Hillcrest, Daniel,
Dickens, and Lovers Lane, except City-owned news racks
may be located as follows:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Six (6) units on the north side of Westminster,
between Snider Plaza and Hillcrest;
Six (6) units on the west side of Hillcrest, between
Rankin and Westminster;
Twelve (12) units at the southeast comer of Snider
Plaza and Rankin;
Six (6) units at the northwest comer of Hillcrest and
Milton;
Six (6) units at the northwest comer of Hillcrest and
Daniel;
Twelve (12) units at the northwest comer of Snider
Plaza and Daniel; and,
Six (6) units at the southwest comer of Snider Plaza
and Rosedale.
The Building and Zoning Administrator shall determine the exact design,
location and configuration of the City-owned units in Snider Plaza and an
equitable manner of allocation of the units among Distributors. The City
shall be responsible for the maintenance of such units.
Sec. 4.1207 VIOLATIONS OF ARTICLE
Upon determination by the Building and Zoning Administrator that a news
rack has been installed, used or maintained in violation of the provisions of
this Article, an order to correct the offending condition will be issued to the
Distributor and owner of the news rack. Such order shall be telephoned to
the Distributor and confirmed by mailing a copy of the order by certified
mail return receipt requested. The order shall specifically describe the
offending conditions, suggest actions necessary to correct the condition, and
inform the news rack Distributor of the right to appeal. Failure to properly
correct the offending condition within five (5) days (excluding Saturdays,
Sundays and legal holidays) after the mailing date of the order or to appeal
the order within (3) days after its receipt shall result in the offending news
rack being summarily removed and processed as unclaimed property. If the
offending news rack is not properly identified as to the owner under the
provisions of this Article, it shall be removed immediately and processed as
unclaimed property. An impound fee, which shall be measured by the City's
cost and expense of impounding, shall be assessed against each news rack
summarily removed. The Building and Zoning Administrator shall cause
inspection to be made of the corrected condition or of a news rack
reinstalled after removal under this section. The Distributor of said news
rack shall be charged an inspection fee, to be established by Council
Resolution, for each news rack so inspected. This charge shall be in
addition to all other fees and charges required under this Article.
Sec. 4.1208 APPEALS
Any person or entity aggrieved by a finding, determination, notice, order or
action taken under the provisions of this Article may appeal and shall be
advised of his right to appeal to the Zoning Board of Adjustment. Any
appeal and notice requirements shall be in the same manner as required for
appeals and notice to the Board in zoning cases. The Zoning Board of
Adjustment shall give the appellant, and any other interested party, a
reasonable opportunity to be heard in order to show cause why the
determination of the Building and Zoning Administrator should not be
upheld.
Sec. 4.1209
BUILDING AND ZONING
REPRESENTATIVE
ADMINISTRATOR'S
DESIGNATED
"Building and Zoning Administrator" as used in this Article shall include
his designated representative.
Sec. 4.1210 ABANDONMENT
In the event a news rack remains empty for a period of thirty (30) continuous
days, the same shall be deemed abandoned and may be treated in the manner
as provided in section 4.1207 for news racks in violation of the provisions of
this Article."
SECTION 2. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part
so declared to be unconstitutional, illegal or invalid.
SECTION 3. That all ordinances in conflict with this ordinance or the Code of Ordinances
as amended hereby are repealed.
SECTION 4. That any person, firm or corporation violating any of the provisions or terms
of this ordinance as amended hereby shall be deemed guilty of a misdemeanor, and subject to a
penalty as provided for in this ordinance, and upon conviction shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such
violation shall continue shall constitute a separate offense.
SECTION 5. This ordinance shall take effect immediately from and after its passage as the
law in such cases provides.
DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day
of May 2005.
CITY ATTORNEY
(RLD; 12/6/04) 69930
APPROVED:
,lqI~TARY