Chapter 17.46 Newsracks


- Note

(Chapter added by Ordinance No. 144772, effective December 4, 1979.)


17.46.010 Definitions.

(Amended by Ordinance Nos. 165594 and 176585, effective July 5, 2002.)

A. "Distributor" shall mean the person responsible for placing and maintaining a newsrack in a public right of way.

B. "Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals.

C. "Mass Transit Avenue" means those portions of SW/NW Fifth Avenue and SW/NW Sixth Avenue from SW Madison Street to NW Irving Street, and those portions of SW Yamhill Street and SW Morrison Street from SW 1st Avenue to SW 11th Avenue.

D. "Mall blue" means the shade of blue used to paint street furniture on Mass Transit Avenues and includes any hue substantially similar to Dark Blue No. 7-0-07873 Endura Shield manufactured by Tnemec Company, Inc.

E. "Sidewalk" means any surface provided for the use of pedestrians exclusive of motor vehicles.

F. "Street" 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.


17.46.020 Newsracks On or Near Mass Transit Avenues.

(Amended by Ordinance No. 184957, effective November 25, 2011.)

 

A.  All newsracks placed on any Mass Transit Avenue shall be installed upon and securely fastened to the City‑owned newsrack pedestals located on such avenues.

 

B.  Any newsrack placed on a sidewalk within 20 feet of a Mass Transit Avenue shall be painted “Mall blue.”

 

C.  No newsrack shall be installed upon a Mass Transit Avenue unless it is painted “Mall blue” and is substantially similar in design and appearance to the K600 Model manufactured by Berkley‑Small Incorporated.

 

D.  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 news periodical sold therein.

 

E.  Each newsrack 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 paid for.  The coin return mechanisms shall be maintained in good working order.  This Subsection shall not be applicable to newsracks used for distributing newspapers for free.

 

F.  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 business 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, or to give the notices provided for in this Chapter.

 

G.  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:

 

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 publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;

 

5.  the paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and

 

6.  the structural parts thereof are not broken or unduly misshapen.

 

H.  The Director of the Bureau of Transportation, upon the request of the majority of distributors maintaining newsracks on any one City‑owned newsrack pedestal, shall consider the movement of the newsrack pedestal to another location within the Mass Transit Avenues.  In determining the location the Director of the Bureau of Transportation shall consider the need to prevent the obstruction of pedestrian traffic as balanced against the need of distributors to have locations conducive to high volume sales.


17.46.030 Violations of Ordinance.

(Amended by Ordinance No. 184957, effective November 25, 2011.)

 

A.  Upon determination by the Director of the Bureau of Transportation that a newsrack has been installed, used or maintained in violation of Subsections 17.46.020 A. – G. of this Chapter, an order to correct the offending condition shall be issued to the distributor of the newsrack, if known, and if not, to the publication distributed therein.  Such order shall be telephoned and confirmed by mailing a copy of the order by certified mail, return receipt requested.  The order shall specifically describe the offending condition and suggest actions necessary to correct the condition.  Failure to properly correct the offending condition within 3 days (excluding Saturdays and legal holidays) after the mailing date of the order shall result in the offending newsrack being summarily removed by the Director of the Bureau of Transportation from the Mass Transit Avenues and placed in the nearest sidewalk area where the newsrack would not be in violation of this Chapter.  Upon removing any newsrack from a Mass Transit Avenue the Director of the Bureau of Transportation shall provide immediate notification by telephone of the location to which the newsrack has been removed.  A copy of such notice shall also be immediately mailed.  Any order issued under this Subsection A. may be appealed pursuant to Section 17.46.040, but the filing of an appeal shall not stay the effectiveness of the order.

 

B.  Upon determination by the Director of the Bureau of Transportation that a newsrack has been used, maintained or installed in violation of Subsections 17.46.020 D., E. or G., or Section 17.46.060 an order to correct the offending condition shall be issued to the distributor of the newsrack, if known, and if not, to the publication distributed therein.  Such order shall be telephoned and confirmed by mailing a copy of the order, return receipt requested.  The order shall specifically describe the offending condition and suggest actions to correct the condition.  Failure to properly correct the offending condition within 10 days after the mailing date of the order shall result in the offending newsrack being summarily removed by the Director of the Bureau of Transportation from the Mass Transit Avenues and placed in the nearest sidewalk area where the newsrack would not be in violation of this Chapter.  Upon removing any newsrack form a Mass Transit Avenue, the Director of the Bureau of Transportation shall provide immediate notification of the location to which the newsrack has been removed, by telephone, and copy of such notification shall also be immediately mailed.  Any order issued under this Subsection B may be appealed pursuant to Section 17.46.040 and the filing of an appeal shall stay the effectiveness of the order until the Council shall have decided the appeal.


17.46.040 Appeals.

(Amended by Ordinance No. 184957, effective November 25, 2011.)  Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of this Chapter may appeal and shall be appraised of his or her right to appeal to the Council.  An appeal must be perfected within 10 days after receipt of notice of any protested decision or action by filing with the Office of the Auditor a letter of appeal briefly stating therein the basis for such appeal.  A hearing shall be held on a date no more than 15 days after receipt of the letter of appeal.  Appellant shall be given at least 5 days notice of the time and place of the hearing.  The Council 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 Director of the Bureau of Transportation should not be upheld.  In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the Director of the Bureau of Transportation.  At the conclusion of the hearing, the Council shall make a final and conclusive determination.


17.46.050 Director of the Bureau of Transportation Designated Representative.

(Amended by Ordinance No. 184957, effective November 25, 2011.)  Director of the Bureau of Transportation as used in this Ordinance shall include his or her designated representative.


17.46.060 Abandonment.

In the event a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in Section 17.46.030 B for newsracks in violation of the provisions of this Ordinance.


17.46.070 Penalty.

(Amended by Ordinance No. 184957, effective November 25, 2011.)  Any person convicted of intentionally, knowingly or recklessly violating any lawfully issued order of the Director of the Bureau of Transportation by returning a removed newsrack to the area regulated by this Chapter prior to correcting all defects, or of violating Subsection 17.46.020 F. shall be punished upon conviction by a fine of not more than $500.