O99-34ORDINANCE O99-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2 ZONING, LAND DEVELOPMENT
REGULATION; BY CREATING A NEW SECTION 11 (A)
NEWSRACK REGULATIONS WITHIN THE CENTRAL
BUSINESS DISTRICT AND THE COMMUNITY
REDEVELOPMENT AREA; PROVIDING FOR DEFINITIONS;
THAT AN APPLICATION SHALL BE FILED WITH PROPER
CITY AUTHORITIES PRIOR TO THE INSTALLATION OF
NEWSRACKS WITHIN THE CBD AND CRA; THAT
NEWSRACKS SHALL BE MOUNTED ON A SINGLE OR
SPECIAL PEDESTAL; FOR THE ISSUANCE OF
CERTIFICATES OF COMPLIANCE; FOR INSURANCE
CERTIFICATES; FOR THE LOCATION OF NEWSRACKS;
FOR SPECIFIC COLORS AND THE SIZE OF LETTERS ON
NEWSRACKS; FOR SPECIFIC PROHIBITIONS; FOR
SEVERABILITY, CODIFICATION~ CONFLICTS AND AN
EFFECTIVE DATE,
WHEREAS, the substantial growth in numbers of newspaper distributors and
newsracks in the City of Boynton Beach has produced a significant increase in the
number of newsracks installed in public rights-of-way, resulting in complaints by
citizens and businesses about the adverse impact on the aesthetics and appearance
of the City, and concern by the public and City Officials with regard to the safety and
convenience of newsracks; and;
WHEREAS, the City of Boynton Beach recognizes the freedom of the press
and the importance of affording one the right to disseminate information to the
)ublic through the publication of newspapers; and
WHEREAS, the City Commission of the City of Boynton Beach has sought to
.,nhance the aesthetics of the Boynton Beach community by promoting and
~:ncouraging adherence to the City's regulation pertaining to color schemes; and
WHEREAS, the City Commission of the City of Boynton Beach, through the
adoption of this ordinance seeks to strike a balance between the adherence to
safety and aesthetic values of the Boynton Beach community and the constitutional
guarantee of freedom of the press;
NOW~ THEREFORE~ BE I'T RESOLVED BY THE CI'TY COMMI'SSI'ON OF
THE CI'TY OF BOYNTON BEACH, FLORI'DA, THAT:
Section 1. That Chapter 2, Zoning, Land Development Regulation, is
hereby amended by creating a new Section 11 (A), Newsrack Regulation within the
Central Business District and Community Redevelopment Area.
Section 2. That Chapter 2, Zoning, Land Development Regulation, Section
11 (A) of the Code of Ordinances of the City of Boynton Beach, shall read as
follows:
Section 11 A. Newsrack Regulation within the Central Business District and the
Community Redevelopment Area
Subsection 11 A-1. Definitions.
(a) "Newsracks" shall mean any type of unmanned device located on
public property utilized for the vending of free distribution of newspapers or news
~eriodicals.
(b) "Public right-of-way" shall mean any public street, highway, sidewalk,
parkway or alley.
(c) "Distributor" shall mean any individual or business entity engaged in
the dissemination of any publication utilizinq a .newsrack located in the City of
Boynton Beach.
(d) "Palm Beach County Traffic Engineering Standards" means those
specific standards developed by Palm Beach County, and as amended from time to
time.
Section 11 A-2. Purpose and Criteria. The purpose of this Chapter is to promote
the public health, safety and welfare through the regulation of placement, type,
appearance, servicing and insuring of newsracks on public rights-of-way located
within the Central Business District and Community Redevelopment Area of the .City
~O as to:
(a) Provide for pedestrian and driving safety and convenience;
(b) Restrict unreasonable interference with the flow of pedestrian or
cehicular traffic including ingress into or eqress from any residence or place of
business, or from the street to the sidewalk by persons exitinq or entering parked or
standing vehicles;
2
(c) Provide for public and property safety during severe weather
conditions;
(d) Provide reasonable access for the use and maintenance of poles,
}osts, traffic signals, hydrants, mailboxes and access to locations used for public
:ransportation purposes;
(e) Relocate and/or replace newsracks which result in a visual blight
and/or excessive space allocation on the public rights-of-way, or which unreasonably
detract from the aesthetics of store window displays, adjacent landscaping and other
improvements, as well as to have abandoned newsracks removed;
(f) Maintain and protect the values of surrounding properties and prevent
damage to grass right of way areas;
(g) Reduce unnecessary exposure of the public to personal injury or
property damage.
(h) Treat all newspapers equally, regardless of their size, content,
circulation or frequency of publication;
(i) Maintain and preserve freedom of the press;
Cooperate with newspaper distributors.
Section 11 A-3. Newsrack Permit. No person shall place, affix, erect, construct or
maintain a newsrack on or within the public right-of-way without first obtaining a
one-time only Certificate of Compliance for each newsrack in accordance with the
)rovisions of this Ordinance.
Section 11A-4. Application and Tssuance of Newsrack ordinance.
(a) Tssuing Authority. The issuing authority and coordinator shall be the
City Manager or his/her designee. The City Manager of his/her.designee shall
oversee the various departments responsible for fairly' coordinating and
administering the physical placement of newsracks of the type and location herein
specified, and upon compliance with the criteria set forth herein, the City Manager
or his/her designee shall be responsible for the issuance of the certificates of
:ompliance.
(b) Applications. The applicant shall file with the City Manager or his/her
~esignee, a written application for the installation of a newsrack(s), which shall
:ontain the following information:
(1) The name, address and telephone number of the applicant, who
is the owner and/or principal in responsible charge of the newsrack(s)
(2) The name, address and telephone number of a responsible
person whom the City may notify or contact at any time concerning the
applicant's newsracks.
(3) The applicant shall identify the location and/or address where,
the newsrack will be located. Such information should be in sufficient
details so as to allow the City to precisely locate the newsrack so as to
ensure that its intended location satisfies their criteria and safety
standards set forth in this Chapter.
(4) Names of newspapers or periodicals to be distributed by the
applicant at that location.
(5) Type or brand of newsrack, including an illustration and
description of the newsrack and mount if other than a single pedestal.
The newsrack shall be of a modular style thai meets the criteria set
forth in this section and provide for installation that meets wind load
standards as provided for in this section.
(c) Issuance of Certificates of Compliance. Upon a finding by the City
Manager or his/her designee that the applicant is in compliance with the
provisions of this Chapter, a Certificate of Compliance shall be issued for
installation by the newspaper distributor in accordance with the application
and the provisions of this Chapter. The Certificate of Compliance may be
subject to conditions relative to location and duration of time that the
newsrack may be permitted.
(d) Denial of Certificate of Compliance. If a Certificate of Compliance for a
newsrack location(s) applied for shall be denied, the applicant will be notified
of the specific cause of such denial. The notice of denial will suggest
alternative location(s). The applicant may reapply for substitute alternative
location(s) at no additional Certificate of Compliance fee. For purposes of this
section, a denial shall be based up, on a determination by the City Manager or
his/her designee, that the application has failed to comply with either the
standards, criteria and/or requirements of this Chapter.
(e) Additional Newsrack Certificate(s) of Compliance. If at any time after
initial application for a Certificate of Compliance, a distributor wishes to install
additional newsracks, then the above Application paragraph is to be repeated
in accordance with the provisions of this section. Additional Certificate(s) of
Compliance fee(s) shall be in accordance with this section, except that the
$50.00 distributor's fee is waived if previously paid.
~ection 11 A-5. Insurance.
(a) Prior to the issuance of a Certificate of Compliance by the City Manager
or his/her designee, the applicant shall furnish to the City, a Certificate of Insurance
The Certificate of Insurance shall state that the City of Boynton Beach is an
additional insured.
(b) Reasonable evidence of equivalent self-insurance coverage may be
substituted by the applicant for the above certificate of insurance, subject to the
approval of the Risk Management Division of the City of Boynton Beach. ]:nsurance
under this Section shall run continuously with the presence of the applicant's
newsrack(s) in City rights-of-way, and any termination or lapse of such insurance
shall be violation of this Chapter, subject to appropriate remedy by the Code
Enforcement Division under the applicable sections of the Code of the City of
Boynton Beach.
Section 11 A-6. Fees. There shall be a one-time only application fee in the amount
of $50.00 for each applicant plus $10.00 per newsrack location selected by each
applicant. Failed inspections are subject to a re-inspection fee of $5.00. All of the
above fees will be used to defray administrative expenses related to this ordinance.
11 A-7. Appeals. An applicant who is denied issuance, re-issuance or
transfer or a Certificate of Compliance or whose Certificate has been revoked may,
within five (5) business days of the denial or revocation, appeal the denial or
revocation to the City IVlanager in writinq. Within seven (7) business days of receipt
of the appeal, the City IVlanager or his/her designee shall review the application, the
denial or revocation, and any information the applicant discloses in its written appeal
and either sustain or reverse the City's denial or revocation. The decision of the City
IVlanager or his/her designee on appeal is subject to judicial review as provided by
the Florida Statutes.
11 A-8. Installation and IVlaintenance.
(a) The exterior dimensions is for newspaper racks up to six (6)
publications as follows: each rack shall utilize a 19" rectangular pedestal with
dimensions of 8" x 6 1/2" with a height of 19". The newsrack(s) shall have
dimensions which shall have a height of 55" with a depth (measured from front to
back) of 16" and a width across the front of the newsrack of 24 1/8". The newsrack
shall be of a "K" style, "TK" style, or free style.
(b) Newsracks shall have gloss pedestals, gloss sides and door and glos~
:oin box coated per standard specifications. The height of the cabinet top of all
newsracks shall not exceed thirty-nine (39) inches above the finished qrade level
1'he color of all newsracks beinq installed pursuant to this Chapter shall b~ teal
(c) Newsracks shall carry no advertising except the name of the
~ublication being distributed and cardholders kept in neat and untorn condition
'lescribing the publication being distributed.
(d) Newsracks for free newspapers may omit the coin box and may have
the pull bar welded to the door to produce an "Honor Rack."
(e) Newsracks shall be maintained in good working order at all times.
freshly painted with unbroken hoods.
(f) The name, address and telephone number of a responsible person
who may be contacted at any time concerninq the newsrack shall be displayed on
the hood of the newsrack in such a manner as to be readily visible and readable to a
prospective customer thereof.
(g) Newsracks may have a color band to be approved by the City Manager
or his/her designee, which shall have a width of 2 1/2". Distributors may place
lettering within the color band not to exceed 2 1/2" in height on the front, side and
back of each newsrack provided such letterinq is either in black or white.
Section 11 A-9. Newsrack mounting standards.
The following standards shall be applicable to the mountinq of newsracks in the City
of Boynton Beach:
(a) Newsracks may be mounted to an existing concrete sidewalk subject
to requirements of Section 11 A-10.
(b) The newsrack foundation(s) manufactured as a prefabricated
reinforced concrete slab shall have a minimum three and one-half (3 1/2) inch
thickness, a minimum twenty-eight (28) day compressive strenqth of 2500 pounds
per square inch (p.s.i.) and meet the wind load requirements of the Palm Beach
County Edition of the South Florida Building Code.
(c) The newsrack foundation(s) cast-in-place concrete slab shall have a
minimum four (4) inch thickness, a minimum four (4) inch thickness, a minimum
~enty-eight (28) day compressive strenqth of 3000 pounds per square inch (p.s.i.)
and meet the wind load requirements of the Palm Beach County Edition of the South
Florida Building Code.
(d) Minimum three eighths (3/8) inch diameter bolts through the four (4)
:orners of the newsrack pedestal base with a minimum embedment into the
:oncrete foundation of three (3) inches.
(e) Two (2) inch minimum concrete edge distance for bolts
(f) One half (1/2) inch chamfer on all concrete edqes.
Sec. 11 A-lO Criteria and Safety Standard.
All mounting and placement of newsracks shall comply with the adopted Palm
3each County Traffic Engineering Standards.
(a)
Placement in public rights-of-way located within the CBD and CRA
No newsrack shall be placed, installed or maintained:
:[. Within the thirty (30) foot site visibility triangle of a public or private
roadway as measured from the intersection from a public or private
roadway.
Within thirty (30) feet from the intersection of public or private streets
Within twenty (20) feet from any marked crosswalk not in an
intersection.
Within the twenty (20) feet site visibility triangle of a private driveway
As measured from the intersection of a public roadway and the edge of
the private driveway.
5. Within fifteen (15) feet of any fire hydrant or other emergency facility
On or within two (2) feet of traffic related signs, street lights or utility
poles.
Within a median, which is defined as a landscaped or paved island in
the center of the public right-of-way.
Within five (5) feet ahead of and fifteen (:[5) feet to the rear of any
sign marking a designated bus stop, measured along the edge of the
pavement.
9. Within two (2) feet of any bus bench or shelter
At any location whereby the clear space for the passageway of
pedestrians is reduced to no less than thirty-six (36") inches
Facing another newsrack, divided by the width of a pedestrian walk
(sidewalk or bikepath).
12.
With three (3) feet of any display window of any building abutting the
sidewalk or in such a manner as it impedes or interferes with
reasonable use of such window display or access to and from a
building entrance.
General. The general prohibitions common to all business as specified in
the Code of Ordinances shall be applicable.
Sec. 11 A-11 Enforcement Procedures- Non-Conforming Newsracks.
(a)
Tn the event any newsrack installed pursuant to this Chapter is not
maintained in conformity with this section, it shall be subject to appropriate
action under the applicable chapters of the Code of Ordinances and referred
to the Code Compliance Board for enforcement purposes. The Code
Compliance Board is hereby empowered to levy a fine if it is not properly
maintained as required by this section.
(b)
]:n the event a distributor desires to voluntarily abandon a newsrack location.
said Distributor shall .notify the City Manager or his designee, completely
remove the newsrack and mount, and restore the public right-of-way to a
safe condition as determined by the City, leaving no holes or projections on
the mounting surface.
(c)
Newsracks not in compliance with this Ordinance shall be subject to removal
as ordered by the Code Compliance Board.
Section 3. That if any section, subsection, sentence, clause, phrase, work
or amount of this ordinance shall be declared unconstitutional or invalid by
competent authority, then the remainder of the ordinance shall not be affected
thereby, and shall remain in full force and effect.
Section 4. That all ordinances or parts of ordinances inconsistent or in
conflict herewith shall be and they are hereby repealed insofar as there is conflict
inconsistency.
Section 5. Should any section or provision of this ordinance or portion
hereof, any paragraph, sentence or word be declared by a court of competent
urisdiction to be invalid, such decision shall not affect the remainder of this
)rdinance.
Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This ordinance shall become effective immediately upon
)assage.
FIRST READING this ~' day of
, 1999.
SECOND, F'rNAL READ]'NG AND PASSAGE this ,:::~/ day of
'~~.~-,~_ ,1999.
,~a¥or /
Vice Maor~ -±.r~//**'*--
Mayor Pro Tem
Commissioner
Cit-~'Clerk