Memo - Disussion of Regulation of Newspaper Dispensers
;
I Community Services Department I
Memorandum
To:
From:
Date:
Subject:
Hopkins City Council
Jim Genellie
May 29, 2001
Discussion of Regulation of Newspaper Dispensers
The purpose of this discussion is to:
1. address questions that were raised during the December 1999 worksession
concerning the regulation of newspaper dispensers or newsracks;
2. present alternative methods for the control of newspaper dispensers; and
3. achieve consensus from the City Council on what type of regulation should be
brought back for formal action.
Back in December the Council was presented with a draft of an ordinance that would
regulate newspaper dispensers. At that meeting a number of questions were generated
regarding newspaper dispensers:
Can the City ban them entirely?
Can the City prohibit them in certain locations?
In lieu of banning them, could the City establish its own dispensers (uniform in
appearance and restricted to certain locations) and require papers to use them for a
fee?
If City owned dispensers are legal is there any way that the City could refuse to lease
space to an adult oriented publication?
Back to the proposed ordinance -- could a per dispenser fee be added to the ordinance
similar to the fee that the City charges for benches?
Is there a definition of newspapers? Is there any way for the City to prevent the further
proliferation of dispensers for the purpose of flyers, newsletters, etc.? What if an adult
oriented publication (not necessarily Playboy or Penthouse) wanted to dispense its
product -- could the City prevent it?
In addition to the location restrictions currently in the proposed ordinance, could the City
adopt a maximum number of dispensers per block?
Attached is a memorandum from Wynn Curtiss, dated January 25, 2000, that
addresses these issues. I will summarize his answers below:
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1. Can the City ban newspaper dispensers entirely?
The Supreme Court in 1983 stated that public sidewalks are recognized as traditional public
forum property and, therefore, restricting communication on that property is subject to severe
limitations. The 11 th Circuit Court of Appeals has stated, "There is no doubt that the right to
distribute and circulate newspapers through the use of news racks is protected by the First
Amendment."
However, in 1996, the First Circuit Court of Appeals upheld a regulation imposed by the Beacon
Hill Architectural Commission prohibiting all forms of newspaper dispensers on public property
in the historic Beacon Hill district. The Court said the prohibition was content neutral and
therefore .subject to a lower level of scrutiny. The Court said the stated purpose of preserving
aesthetics in the district justified the ordinance.
The Court also noted that the Commission was not required to regulate size, location and
appearance of newsracks as an alternative to banning them entirely. Finally, the Court noted that
the newspapers had ample alternative channels of distribution, including private sources of
distribution and newsracks in areas adjacent to the historical district.
There is, therefore, an argument to be made that Hopkins could ban newspaper dispensers
entirely. The issue, however, not been decided by the Supreme Court nor has the issue been
addressed by the Eighth Circuit Court of Appeals, of which Minnesota is a part.
2. Can the City prohibit newsracks in certain locations?
Yes. The City has legitimate safety and aesthetic concerns that allow it to regulate the location of
newsracks as well as the size, appearance and number. Such regulations, however, should be
based on some objective evaluation of the safety and aesthetic concerns.
3. Can Hopkins exclusively own the newsracks and require their use?
Yes. The City can, as an alternative to regulating the size, location, appearance and number of
newsracks, own the newsracks and require newspaper distributors to use only those racks. One
problem, however, is deciding which distributor is awarded the right to use which newsrack and
whether there would be a limit on the number of newsracks anyone distributor could use.
4. Could Hopkins refuse to lease space in a city-owned newsrack to an "adult" publication?
The first problem in answering that question is to define "adult" publication. It is likely Hopkins
would have greater control over the distribution of visual forms of adult publications, those being
actual depictions of adult material. However, "adult" publications that are primarily text-based
might be more difficult to restrict.
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The controlling issue would be "secondary effects" from the adult site, whether it is a bookstore
or a simple newsrack.
The other factor in Hopkins' favor is the need to restrict access to adult material to prevent
juveniles from obtaining it.
5. Could Hopkins impose a per-dispenser fee?
Yes. Hopkins has the authority to require a license or permit to use the newsracks and has the
authority to impose a fee for doing so. However, the fee, like all fees imposed by Hopkins,
should be reasonably related to the costs associated with issuance of the license/permit.
6. Is there a definition of "newspaper" which would allow Hopkins to further control the
use of newsracks?
Any attempt to define "newspaper" raises the issue of "content-based" regulation, to which the
Courts apply the strictest level of scrutiny. The Supreme Court... likely would strike down any
restriction based on the content on the publication.
7. Could Hopkins limit the number of newsracks?
Yes. See response to Question No.2 above.
The City Attorney has established that the City can regulate newspaper dispensers.
The question then becomes, should the City regulate newspaper dispensers?
Why regulate newspaper dispensers?
The number of dispensers has increased dramatically with the introduction of
employment and real estate "newspapers". This has resulted in the some sites
having as many ten dispensers.
Aesthetics. The proliferation of dispensers contains its own aesthetic issue. The
above referenced site is in front of Michelangelo's. The dispensers detract from the
appearance of businesses on Mainstreet. Another issue of aesthetics occurs
primarily from the free "newspapers" or flyers. Because people do not have to pay
for them, they are easily discarded. Finally, again regarding the free "newspaper"
dispensers, since they can be opened without inserting money they are occasionally
vandalized and the papers dumped on the ground.
Increased disposal costs. Many papers, especially the free papers, are disposed of
in the City's refuse containers requiring these containers to be emptied more often.
\Regulation of Newspaper dispensers 2.doc
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Assuming the City wants to regulate newspaper dispensers what is the most
appropriate method?
1. Ban newspaper dispensers
2. Require newspapers to use City approved/provided newsracks
3. Control location and ensure the maintenance of newspaper dispensers
1. Ban newspaper dispensers
Advantages:
. Easy to enforce
. Eliminates all of the adverse effects of newsracks
Disadvantages:
. Any such ban would likely invite a legal challenge. Subsequent to receiving
the January 25 memorandum from Wynn Curtiss, I sent him some additional
information regarding newsrack regulation and received the following in reply:
I've read through the information you sent regarding the various
attempts at writing and imposing a newspaper dispenser ordinance and it
strengthens my previous opinion that legal authority exists to support
such an ordinance. Unfortunately, it also supports my other opinion that
such an ordinance would need to be very carefully researched and its
need documented by the City Council, and even then, it is almost certain
some entity will challenge the constitutionality of the ordinance.
...1 f, or when, the City Council decides to draft an ordinance, some
type of committee or task force could be established with the publishers
to attempt to work out some type or ordinance which meets both sides
n~eds and, perhaps, avoids the otherwise inevitable litigation that
would follow such an ordinance. Hopkins' relatively limited geographical
size, and the even smaller area of its retail, nonresidential areas,
seems to lend itself to a reasonable newspaper dispenser ordinance.
2. Require newspapers to use City approved/provided newsracks
Advantages:
. Easy to enforce
. Eliminates many of the adverse effects of newsracks
Disadvantages:
. Could also face a legal challenge.
Require maintenance by City staff
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3. Control location and ensure the maintenance of newspaper dispensers
Advantages:
. Not likely to resort in a court challenge
. Eliminates some of the adverse effects of newsracks
Disadvantages:
. Requires staff time to regulate
Do other cities regulate newspaper dispensers?
Woodbury and 81. Paul are two cities that have regulations that control location and
ensure the maintenance of newspaper dispensers. Minneapolis is considering adopting
this type of ordinance.
The 81. Paul ordinance is attached. It was a compromise worked out with the
newspapers. It requires owners of newsracks to:
. Provide a master list to the city showing the location of each newsrack;
. Affix a sticker to each newsrack that contains a number corresponding to the
master list;
. Abide by location and size restrictions.
Attachments:
. January 25, 2000 memorandum from Wynn Curtiss
. Draft of Newspaper Dispenser ordinance
. Pictures of newsracks in the downtown area
. Current 81. Paul ordinance regulating newsracks
\Regulation of Newspaper dispensers 2.doc
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MILLER, STEINER & CURTISS, P.A.
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
JERRE A. MILLER
JEREMY S. STEINER *
WYNN CURTISS
400 NORWEST BANK BUILDING
1011 FIRST STREET SOUTH
HOPKINS, MINNESOTA 55343
* Real Property Law Specialist, certified
by the Minnesota State Bar Association
612-938-7635
FAX 612-938-7670
MEMORANDUM
DATE:
January 25, 2000
TO:
Jim Genellie
FROM:
Wynn Curtiss
RE:
Newspaper Dispenser Ordinance
This Memo is in response to your December 15, 1999, Memorandum regarding the regulation of
newspaper dispensers. This Memo attempts to answer each of the questions posed by you in your
Memorandum.
1. Can the City ban newspaper dispensers entirely?
The United States Supreme Court has not ruled directly on the issue of whether a public
authority can ban all newspaper dispensers from public locations. The Supreme Court has asked the
question rhetorically, and at least one judge implied such a regulation might be acceptable. Most
decisions, however, have ernphasized the strict limitations on restricting forms of expression.
In u.s. v. Grace, 461 U.S. 171 (1983), the United States Supreme Court stated that public
sidewalks are recognized as traditional public forum property and, therefore, restricting
communication on that property is subject to severe limitations. In Sentinel Communications Co.
v. Watts. 936 F.2d 1189, 1196 (C.A. 111991), the 11th Circuit Court of Appeals stated, "There is no
doubt that the right to distribute and circulate newspap'ers through the use of news racks is protected
by the First Amendment."
However, in Globe Newsvaver Comvanv. et. al. v. Beacon Hill Architectural Commission,
(1 st Cir 1996), the First Circuit Court of Appeals upheld a regulation imposed by the Beacon Hill
Architectural Commission prohibiting all forms of newspaper dispensers on public property in the
historic Beacon Hill district. The Court said the prohibition was content neutral and therefore subj ect
to a lower level of scrutiny than a Cincinnati ordinance which had eliminated only dispensers
distributing certain types of publications. The Court said the stated purpose of preserving aesthetics
in the district justified the ordinance. Further, the Court noted that the district's special status was
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not determinative on the issue of aesthetics, indicating that any public authority could rely on that
rationale for regulating newsracks.
The Court also noted that the Commission was not required to regulate size, location and
appearance of newsracks as an alternative to banning them entirely. Finally, the Court noted that the
newspapers had ample alternative channels of distribution, including private sources of distribution
and newsracks in areas adjacent to the historical district.
There is, therefore, an argument to be made that Hopkins could ban newspaper dispensers
entirely. The issue, however, not been decided by the Supreme Court nor has the issue been
addressed by the Eighth Circuit Court of Appeals, of which Minriesota is a part.
2. Can the City prohibit newsracks in certain locations?
Yes. The City has legitimate safety and aesthetic concerns that allow it to regulate the location of
newsracks as well as the size, appearance and number. Such regulations, however, should be based
on some objective evaluation of the safety and aesthetic concerns. For example, the distance a news
rack is located from a street should be supported by information regarding whether the news rack
obstructs sight lines closer to the street or blocks sidewalk traffic if located closer to the street.
3. Can Hopkins exclusively own the news racks and require their use?
Yes. The City can, as an alternative to regulating the size, location, appearance and number
of newsracks, own the newsracks and require newspaper distributors to use only those racks. One
problem, however, is deciding which distributor is awarded the right to use which newsrack and
whether there would be a limit on the number of newsracks anyone distributor could use.
4. Could Hopkins refuse to lease space in a city-owned newsrack to an "adult"
publication?
The first problem in answering that question is to define "adult" publication. It is likely
Hopkins would have greater control over the distribution of visual forms of adult publications, 1hose
being actual depictions of adult material. However, "adult" publications that are primarily text-based
might be more difficult to restrict.
In either case, Hopkins probably would be required to treat the issue as it does adult
bookstores and other adult entertainment sites. The controlling issue would be "secondary effects"
from the adult site, whether it be a bookstore or a simple newsrack. The Courts have allowed cities
to regulate the location and number of adult sites to control the secondary effects of those sites. The
same considerations likely would apply with regard to the use of newsracks to distribute such
materials.
The other factor in Hopkins" s favor is the need to restrict access to adult material to prevent
juveniles from obtaining it. Clearly, a free newsrack or even one which requires payment, will not
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restrict a 15 year old from obtaining those materials. Again, that factor is likely to allow Hopkins
some latitude in limiting the use of newsracks for distribution of adult publications.
5. Could Hopkins impose a per-dispenser fee?
Yes. Hopkins has the authority to require a license or permit to use the newsracks and has
the authority to impose a fee for doing so. However, the fee, like all fees imposed by Hopkins,
should be reasonably related to the costs associated with issuance of the license/permit and any costs
anticipated for managing the newsracks and assuring compliance with any other regulations
regarding the use of the newsracks.
6. Is there a definition of "newspaper" which would allow Hopkins to further control
the use of newsracks?
Any attempt to define "newspaper" raises the issue of "content-based" regulation, to which
the Courts apply the strictest level of scrutiny. The Supreme Court in City of Cincinnati v. Discovery
Network. Inc. 507 U.S. 410 (1993) struck down the city's elimination of newsracks containing
certain types of publications. The Court said that, although the publications might be considered
more "commercial" than regular newspapers, the effect of the newsracks was the same regardless
of what was being distributed and such a content-based distinction did not justify the ordinance.
Unless Hopkins could establish that the type of publication created a secondary effect which justified
different treatment from other publications, the Court likely would strike down any restriction based
on the content on the publication. Any attempt to define a "newspaper," therefore, not only would
be extremely difficult if not impossible, but such a content based distinction, without more, likely
would not withstand court scrutiny.
7. Could Hopkins limit the number of newsracks?
Yes. See response to Question No.2 above.
I have not addressed any of the specific portions of the proposed Ordinance in this
memorandum. If, after reviewing this document, you have questions regarding application of the
legal standards to the proposed Ordinance, please contact me.
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Section 840 - Regulation of Newspaper Dispensers
840.01. Purpose and Intent. This ordinance is adopted for the purpose of protection
the public health, safety, comfort, convenience and general welfare of the citizens of the
City of Hopkins by regulating the placement of newspaper box dispensers on public
property including streets, right-of-ways, sidewalks and trails within the City of Hopkins.
840.03. Definitions. Unless expressly stated, or the contents clearly indicates a
different intention, the following terms shall, for the purpose of this ordinance have the
meanings indicated in this section:
Subd. 2. "Dispenser/Newspaper box" means any self-service or coin-operated
box, container, storage unit or other dispenser installed, used or maintained for the sale
or distribution of newspapers, magazines, brochures, flyers, or other periodicals.
Subd. 3. "Distributor/Custodian shall mean the person or entity responsible for
placing and maintaining a dispenser in a public street.
840.05. Compliance Required. No distributor/custodian of any newspaper box
dispenser shall carryon such dispensing or vending activity on the public streets, right-
of-ways, sidewalks or trails of the City of Hopkins unless the provisions of this
ordinance have been met.
840.07. Notification. Subdivision 1. Each distributor/custodian shall notify the City
Clerk of the location of each dispenser. Such notification shall be in writing and
accompanied by a sketch of each dispenser location showing each dispensers distance
(in feet) from curbs, cross walks, fire hydrants, right-of-ways, trails, light standards,
traffic control boxes, traffic signs and signals, MTCO bus stops or bus shelters, City
parks or Clocktower Plaza, within a twenty (20) foot radius of the dispenser location.
Subd. 2. Each distributor/custodian shall submit, in addition to the written
notification to the City Clerk of the location of each dispenser the following: name,
address and telephone number of the person responsible for the device and the name of
the newspaper or periodical it will dispense.
840.09. Indemnity. Subdivision 1. Each distributor/custodian shall also file a signed
statement, indemnifying and holding harmless the City of Hopkins, its officers, and
employees, from any loss or liability or damages, including expenses and costs, for
bodily injury and property damages, including expenses and costs, for bodily injury and
property damage sustained by any person as a result of the location, installation, use,
maintenance, removal or storage of applicant's news boxes within the City. The
applicant shall submit a copy of the public liability insurance policy or certificate of
insurance with coverage limits of at least $100,000.
Subd. 2. Each distributor shall also file a signed statement holding harmless the
City of Hopkins, its officers and employees from any damage to the newspaper boxes as
the result of routine City maintenance operations.
840.11. Placement Requirements. All newspaper box dispensers placed on public
property shall comply with all applicable provisions of this code as follows:
a. Dispenser shall be constructed of metal or other material of substantially
equivalent strength and durability, not more than fifty (50) inches in height and
not more than thirty-two (32) inches in length and width. .
b. No dispenser shall be located within fifteen (15) feet of any fire hydrant or
other emergency facility.
c. No dispenser shall be located within five (5) feet of any marked crosswalk.
d. All dispensers must be set back a minimum of two (2) feet from the curbs.
e. No dispenser shall be placed within five hundred (500) feet of another
newspaper dispensing device containing the same newspaper or periodical,
except that the City Clerk may permit two such dispensing devices at an
intersection where such placement would not impair traffic or otherwise create
a hazardous situation.
f. No dispenser shall be chained, bolted or otherwise fastened to any City owned
property without permission of the City Clerk.
g. All dispensers shall be securely anchored so as to not be tipped over, blown
over or improperly removed.
h. The distributor/custodian shall maintain the device in good working order and
in a safe and clean condition and keep the immediate area free from litter and
debris caused by its activities.
I. The distributor/custodian shall not use the devise for advertising signs or
publicity purposes other than those directly related to the display, sale or
purchase of the newspaper or periodical sold within.
J. The distributor/custodian upon removal of the newspaper box dispenser shall
restore the public property it occupied to the same conditions as when the
device was initially installed.
k. No dispenser shall project onto, 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.
I. No dispenser shall be located within ten (10) feet of utility, or government
owned parks, light standards, trash receptacles, traffic signal control boxes,
parking signage, mail boxes, water meters, gas meters, electrical pull boxes,
catch basins and utility manhole covers or Clocktower Plaza.
m. No dispenser shall be placed, installed, used or maintained at any location
whereby the clear space for the passageway of pedestrians is reduced to less
than five feet unless such passageway is already restricted by a permanent
fixture and the placement of the newsrack will not reduce the remaining
passageway.
n. No dispenser shall be placed, installed, used or maintained at a location where
the newsrack interferes with or hinders city removal of snow, ice, and debris
from the roadway or sidewalk.
840.13. Abandonment. In the event a newsrack remains empty or unattended for a
period of ten (10) days, the newsrack is deemed abandoned and may be treated in the
manner as provided in section 840.17 for newsracks in violation of the provisions of this
section.
840.15. Identification required. Every distributor or custodian who places or maintains
a dispenser in the City shall have his name, address and telephone number affixed
thereto in a place where such information may be easily seen. If the person or custodian
is a corporation, then the name, address, and the telephone number of the distributor, or
an individual who can relate the name of the distributor, must be affixed in a place
where such information can be easily seen.
840.17. Removal of Dispensers. Subdivision 1. If any dispenser is not properly
identified as to the owner or custodian thereof, a copy of section 840.15 (the
identification requirement) shall be sent by certified mail, return receipt requested, to the
publisher of the publication sold in the dispenser, and a copy of said section will be
posted on said dispenser.
Subd. 2. If any dispenser is improperly identified, or is installed, used or
maintained in violation of any other provisions of this article, an order to correct the
offending condition shall be sent by certified mail, return receipt requested, to the owner
or custodian of such dispenser. Such order shall specifically describe the offending
condition and recommend actions necessary to correct.
Subd. 3. If within ten (10) working days after the mailing of notice, a dispenser is
not properly identified or the offending condition is not corrected, or the owner or
custodian has not requested a hearing before the City Clerk or designated
representative, the offending dispenser and its contents shall be removed and stored in a
convenient location by the City Clerk. The City Council shall establish by resolution a
removal and storage fee.
Subd. 4. Upon failure of the owner or custodian to claim a dispenser within thirty
(30) days after notice of such removal, said dispenser and its contents shall be
processed as unclaimed property, and disposed of, pursuant to the applicable provisions
of the law. When a dispenser has been removed and processed as unclaimed property,
the owner or custodian shall be charged a processing fee as established by City Council
resolution, in addition to the removal and storage fee, before the dispenser may be
released.
First Reading
Second Reading
Date of Publication
Effective Date
Newspaper Dispensers in downtown Hopkins
May 1,2001
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CITIZEN SERUICE OFFICE
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Council File # ~O - S So
Ordinance #:
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Refel'~ed To
Committee Date:
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A legislative ordinance
to regulate newsracks that are located
within public rights of way .
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section J
Saint Paul Legislative Code Chapter 128 is hereby repealed.
Section 2
A new Chapter 131 is hereby enacted as part of the Saint Paul Legislative Code to read as
follows:
CHAPTER 131 NEWSRACKS
See. 131.10. Definitions.
The follOwing words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this section,. except where the context clearly indicates a different meaning:
"Director" means the Director of the {Department of Public Works} [Om" efLieai3c.,
f8:spectieU3 aaa I:nvirelbh....nral Pra~ea8a] of the City of St Paul, or his or her designee.
"Heritage Preservation District" means any areas, places, or districts which have been duly
designated and listed as heritage preservation districts pursuant to St. Paul Legislative Code
Chapter 74.
PUBLISHED
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CITIZEN SERVICE OFrICE
612 266 86851
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00.., Sse
"Implementation Period" means the ISO-day period of time ,elapsing after passage, approval and
publication of this Chapter, but before the effective date of this Cbapter~ and during which time
the Director shall prepare and execute a plan to implement this Chapter.
"Install" or "installed" means to place, affix, erect, construct, operate or maintain a Newsrack.
"Newsl"ack" means any type of unmanned device for the vending or free distribution of
newspapers, news periodicals, advertising supplements, advertising periodicals, political
periodicals, and similar publications.
''Newsrack Corral" or "Corra[" means any three sided post and rail structure designed to group
N ewsracks in stable clusters.
"Parkway" means those streets and avenues that are designated as parkways and boulevards
pursuant to St. Paul Legislative Code sections 145.02 and 145.03.
"Responsible Person " means an individual who is listed on an. ap}o'licausf1 &r a ,Cati:fiea.t~ of
Cempliance a Master List of newsrack locations pursuant to section 131.40 and who, on behalf
of an O'Wner, may receive notice, respond to complaints, and be notified or contacted at any time
concerning a Newsrack.
"Owner" means any person which either holds an o'WIlership'interest in or operates a N'ewsrack
that it seeks to install or has installed in the Public Right of Way.
,rperson" means any individual, person or entity, however organi2ed, whether public or private,
whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or
political. Examples include a business or commercial enterprise organized as any type or
combination of corporation, limited liability company, partnership, proprietorship, association,
cooperative, or joint venture~
"Right-af-way" or ''Public right-o.fway" means the area in, on or above a public roadway,
highway, street, cartway, boulevard, bicycle lane,. sidewalk, parkway or alley ,which the City
owns or Over which it has an easement or interest, includmg other dedicated rigb.ts--of-way~ for
public purposes.
See. 131.20 Purpose and criteria.
The purpose of this Chapter is to promote the public hea1~ safety and welfare through the
regulation of placement, type, appearance and servicing of News racks on public rightS-of-way so
as to:
(A) Provide for pedestrian and driving safety and convenience, and comply 'With local, state
or federal handicapp - d accessibility regula~ons.
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CITIZEN SERUICE OFFICE
612 266 8689
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1 (B) Restrict unreasonable interference with the public use of the , public right-oi-way and with
2 the flow of pedestrian or vehicular traffic including ingress into or egress from any
3 residence or place of business, or from the street to the sidew~ by persons exiting or
4 entering parked or standing vehicles.
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6 (C) Provide for the safety of people and property during periods of heavy snow, storms, and
7 other adverse weather conditions, and for the proper functioning of the City's safety and
8 sanitation forces.
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10 (D) Provide reasonable access; (i) For the use and maintenance of poles, posts, tratlic signs or
11 signals, hydrants, utility openings, delivery chutes, trash receptacles, bus or plaza
12 benches, United States posW service mailboxes, parkin.g meters and other public fixtures;
13 and (ii) To locations used for public transportation purposes.
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15 (E) Relocate and/or replace Newsracks which result in a visual blight and/or excessive space
16 allocation on the public rights-of-way or which unreasonably detract from the aesthetics
1 7 of store window displays, adjacent landscaping and other improvements, both public and
18 private, as well as to remove abandoned Newsracks.
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20 (F) Maintain and protect the values of surrounding properties, and protect and preserve
~ public property.
23 (G) Reduce unnecessary exposure of the public to personal injury or property damage.
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25 (H) Treat all publications equally regardless of their size, content., circulation, or frequency of
26 publication.
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28 (I) MaLTltain 2.&'1d preserve freedom of speech and free~om of the press.
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30 (1) Protect and enhance the City of St. Paul's attraction to residents, tourists and visitors, and
31 serve as a support and stimulus to business and industry, by enhancing the visual and
32 aesthetic character and interest of the, City.
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34 Sec.. 131.30 &rtifitate af CampHuee Master List and CorrespondiDI Sticker or
35 Statement required..
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37 No person shall install a Newsrack on or in the public right of way without first ebtaifting a
38 Ce:rtitieate 6f CampH8:ncc :&om. submittine to the Director a Master List that contains the location
39 of each newsrack and the items described in section 131.40. and without first affixing to the
40 Newsrack a sticker or statement pursuant to section 131.90 (E) for caeh ~k ~ slack in-ac:eordaftee
41 with eke a~'f pre-.i1iallJ efthi3 Chapter.
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See. 131..40 Applicatiall aDd h!lUUlCt of CtrtifiCJltt of C3JJ1.pHs.1U~t Submission of Master
List and other items.
(A) Isst:l;iJlg auth.,1 il). 'The i3JHtn~ and appro ~-ift~ B.tltherit)-- 3hall be t:ac. Diftet-or. Duties of
Director. The Director is responsible' for fairly coordinating and administering the
physical placement of News racks efthc t}i5' and lOGation hGrem. Jpcem(:a, ma UpOti
com.pliance hcre-,,'ith is rcspsftliblc far ~SWftg tii~ C,rtitieat~3 of COfupliantc as orovided
for in this Chapter. for ensuring that the items described in this Chapter are pronerIy
submitted. and for enforcinlZ this Ordinance.
(B) A.pp1ica;ri(),~. ThG etppl~cant, whe ll'1t13t he an 0 liYlieJl ef!he ~ k-l/~lac~ Jha:ll mG n ith the
Director a ..,rf'fltcn afJfJH~a.ti~n fur a CtrrifieatG af CempJ:iflftte for Submissions. Before
any Newsrack mav be installed. and at least everv three (3) months thereafter. each
N ewsrack Owner shall submit to the Director a Master List. as well as any fee.. hold
harmless a2Teement.. and certification required under this section. The Master List shall
specift each prepe3cd Newsrack location in numerical order and whieft shall contain the
follOwing information and attachments:
(1) The name, address and telephone numbers afaR OVlflGf3 each Owner of the
Newsrack. /
(2) The name, address and telephone number ofa Responsible Person whom the City
may provide notice'or contact at any time concerning ~e Newsrack(s), which
notice, if given, shall bind and be deemed actual notice to the Owner(s) of the
Newsrack.
(3) The ~~r ofNcW3ratk3 and the prepo.3ca snecific location of each Newsrack..
listed individUAlly and numericallv. includin2 any identirline: infonnation for the
location. such as a corres-ponding street address and specific comer of an
intersection~ where anplicable. 5fte-Nft on a. 3kttGh drln'lm~ Jho~iflg &lc.l.13ieft3 ta
each cure, fflfHirt, btJ:ildmg, btlS 3tep ana e1:OCr laftam.Mks, and a. pl\etograpk ()f
,flea laelttien provifiea by the a~Heant.
(4) lnfonnation that allows the Director to easily deterinine whether each Newsrack
location contained in the list is: (1) a' new location (relative to the most recent
Master List submitted), (2) an existing location (relative to the most recent Master
List submitted). or (3) that a Newsrack location has been removed from the list.
(5) TIle type Of bnma efN~""s!~cks, i:fteltlmng tm i:11wlIAhOD8fta a.e3~~ipti6fl ef1:h~
~ hn,-" Jfaek. The fee. if anv. as established pursuant to section 131.60.
(6) A fully executed hold harmless agreement as required by this Chapter.
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(7) A certification, signed by an individual with the'requisite corporate or other power
an~ authority to bind the applicant, which states that the applicant has reviewedll
understands, and will comply with all requirements of this Chapter, and that all
information contained in the Master List is truthfuL accurate~ complete and up-to-
date. .
!,Ml:ilJllce ofCerti.ficate--bfClJ,Jtplitmce. Up6n8, &~ b, the Dkt'1x.lr ehe.t taG apl'tleam
and aU al'~1i'r! ,,{the Ncw~k ftfe m earnpli8:n,c"With ~e provi3i~ afthi3 ChaptGI f..;>r.
(i) The propo3cd ~ 1 ~~ Mtl,k 15~atiol1, and (ii) aH 6th'I cxi3ting ~ rQ~.~Jsrack lseatieft3, the
Direetef 3ball eausc to bc i33l:!ea 8. Certificate sf CampHane,. Stlef.. i33l:i&'2et ghall b,
madc vvithta fiJl:ee.a (IS) VJ~ =)3 efch~ City's receipt of the e8ffi.plctta application.
De1'fi~ of' ell tifi~tJtl. of Cd "'jJIifHIce. If a Cefimeate of Cemplia:aee :fay Or.tC er m6f~
~lcwsraek lO'8:t~i5.153 applied for shall "e aemea, the applicatlt :maH. reed vr.c Eiet1ae of tht
OCniM in y/fitmg ~;thi:n fifteen (l5)n~nJciftg da,s of the Ci1:}'o3 .receipt eft:h, eempl~t-cd
~plication. The aPfJliefL'flt 3Mll be athised oft:he 315"ific cawc of tac.h 3uch deniM by
the Difeetef. The applicant may amefta the a.pplication ana reapply for the 3am..e: leeatien,
fir appl, for a substitute ak'm8.t:i~.c location, 3tibjeet ta a $5.00 rc ,raeej.3h~g fee rer the
ftrst Ie appliGatien. Ally 3ti1>3Ctll!CfLt re ~tllieatiolt'S shall be 3libje.,t to thc stftfia.ard
apl-'licatioft fce. .A. aem.ed. i33tlea. atlfiftg the Implem.,a!8tien reliea may be appealed
lmtier jeetiea 1: 1.170 (11). Any ether aenia:l3 may be appealed lifldcr 3f:ctiofi 131.70.
Additiolla: Ce; tificttI' ofCtJJnplitmce. If, at 811) tim~ 4ft,... initial appli,atidli for a
Ccrtific:at~ (Sf Compli~e. te rootsH 8. Nc~~. 3faek, en O'lNftE:f Vt13ftcS te ifl3taUadditioftM
}>(cwsfadt3 at additienalleeatioft3, then 31:d53~~tia~ (C) and (~) aeo\ e Sf' te be rCptat~a
in tl(;eataafte~ Hith the provisioI13 of tm3 Cllaptel,
Lapse (J'f tillttSed '~1 tiflcatt.J. lbl1l C~11Hiatte; of Com,ll~, !lat wee te ~~ 8.
NC W !fatk .Tji~ tftirty (J 9) aA) 3 !fow the aate sf iJ5 t!4fte(; mall b, "aia and
atit6mati~a:lly dcc.m~d It:~./ekcd, and 111, O'".-meI'3 :Nty-.;smck shall J1et 1st installed at that
leGation.
(C)
TI allJfi:l of'titk 07 con.trol. Whcne"er 8. }IG~3raek for which. 8. Cert.Hieat, efCompliaaec
1~ eetn i3311Cd is ,old, or title or ea.a~61 t:h'N~l5f tr8.l'13fcm:a e1 !t!3i~ea., the exi3tiftg
C"rti{i(;atc of Compliance sha:ll ee "aiaitdd. a~6matieall) aeem:a. ~ "ak,a, and a DC W
Certificate af C8~l:i.aftee 3h8l1 be req1:1ircd and obt:amed. m a'~64citmc, \'lith thi3 Chtll'ter.
Sec. 131.50 Risk Management Requirements
Prior to installation. the iJ3l!9ftGe of a Certificate af Campliane" every Newsrack O'Wner who
desires to insWl a Newsrack on a public right of way shall file a writte~ Agreement to indemnify
and hold the City harmless. This Agreement shall be in a fOIm prescribed from time to time by the
City AttomeY:r whereby the Newsrack Owner, in exchange for the ability to install its Newsrack on
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the public right of way, agrees to indemnify and hold harmless the City, its officers and employees
from any loss, liability o~ damage (inc1uding costs, disbursements and attorney fees) for bodily or
personal injury, including death, and for property damage sustained by any person or entity as a
result of a Newsrack installed on the public right of way.
Sec. 131.60 Fees.
There ahztl1 he a C~rti:S.'4t' of Compliance applicaaali &, itt the amo1;lflt eft'l1 dollars ($10.00)
l'er }le ~ 3ftlek leGation. Df;mea. a~l'lieaa.eM at leeetiow arc 3Uhj eet te a ffl IU'OGC3Sm.& f~" of five
dellaxs ($5.00) fef ck~ fU3t re ex~aa af the an;lcflCiea applieatiea or I:oeaU8ft. A.ll adUiueaal.
applieMiaa3 er laeatien3 arc subject to the st:aliatmi I1p~Heation fee. Me"ym! a. }lc~'Srack ta a
ltC't./v location requires a Be'\\" at'plieatieft, \"ru,h is subject to f:11e 3taaaara applicatien fee. Stlch
rCS3 3he11 be e3tablished in an ftInOUftt st1ftidclit te reifnbl:if3G the City fer wI it~ ~tp'f.l:3C~
inc1:lficd ill tile aamtM.:;tratiaa Mid eMe~~'dlCftt efthc t'f!!l3 ma ptali3iam ofthi3 Cftapt~i, and
ghB!1 ~m:y be .tt3td .fer 3tlth pmpOSC3.
The fee. if anv. shall be in an amount sufficient to reimburse the City for all its e~nenses incurred
in the administration and enforcement of the terms and nrovisions of this Chapter. and the fee
shall only be used for such putposes. The fee may onlv be imposed followine: the pr~aration of
a report from the Director to the Council deseribini all such expenses. shall be based on the
number of News racks placed in the public right-or-way by Newsrack Owners~ and shall be
established from time..to-time by resolution of the City Council.
Sec. 131.70 Appeal
(A) If, after the effective date of this Chapter, a Newsrack Owner has reasonable grounds to
claim that a5. appli~aa.ea fer a Cetti:8.eat~ af Cemp1iancc h83 been. 1.T6li~ftHly denied or
that a CertiBtate ef Caml'lianee l~ hC'A Wfo:6gM1y rc~~d ar taa.t a Notice of
Violation or a Notice of RemovaI bas been 'Wrongfully issued, and wants to appeal that
detennination, the appealing Owner shall, within ten (10) days of receipt of~aotie{, of
denial or revocation or Notice of Violation or Notice of Removal, demand a review by
. giving written notice to the Director, and including in that notice any exhibits such as
photographs or maps or affidavits which support the claim. No oral presentation shall be
permitted, and all. grounds supporting the appeal shall be provided in writing. The
Director shall review the claim within fifteen (15) days of receipt of notice from the
appealing Owner. Within fifteen (15) days of the review, the Director shall provide
written notice of the decision to the appealing Owner.
(B) R~-lfieyv a~.d1g the Iml'lemeatat1cm Periedfor thi3 Chapter 3mtil be go "cmcd 15~ S,~tiaa
1J 1.170(11).
(B) If the appealing Ovmer pelieves the Director's decision of the appeal under section
131.70 (A) is in error, and th<; appcttlirtg Ovmer aedinGJ taarae1\a the application and
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rcapl'ly as proTv-taea. m SGGtion 131.49(D), the appealing Owner may file a written request
for a review pursuant to Chapter 18, Legislative Hearing Officer, of the City of St. Paul
Legislative Code.
Sec. 131.80 Plaeement generally.
Newsracks may not be installed in any public right of way which is used regularly or intended to
be used by motor vehicle traffic. Subject to the prohibitions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian areas. The closest edge to the street of any
Newsrack shall be installed parallel to and not less than eighteen (18) inches nor more than
. twenty-four (24) inches from the edge of the curb. Newsracks may also be installed, subject to
the prohibitions of this Chapter, near the wall of a building.ifthe closest edge to the building is
placed parallel to and not more than six (6) inches from the wall. Newsracks shall not be
installed on the side toward residential property, at en the 3id, te\vard la~ ar greUl103 of
bwine33 or cOrnlllCfeittl prepl..Lty. ~<<J Nco!vslaek !han be i~lea all the 3iae7."Mk epP63ioc
lmothcr N ewsraek. Every N ewsrack shall be installed so as to open toward the sidewalk, and not
toward the street. No Newsrack shall be in any way installed or attached to any pele, p03t3 traffic
sign or signal, hydrant, United States Postal Service mailbox, or parking meter or 8n) et:fter
public Fixtttie, equipment, 1'61, at fnt.llity.
Sec. 131.90 Installation and maintenance
23 (A) Newsracks shall not exceed sixty (60) inches in height, thirty (30) inches in width, or
24 twenty-four (24) inches in depth. The 'b83C maIl ha.e a d~pth ora! It~ gSI!<' of the
25 median depth. and 31all have a ~liath. af at le83t 89%, afthe mcdifm. -r.,vid.th afThG hex afttl
26 the b~e 3hall be fully encloses 36 83 1-0 prohibit the intfoductioli efM~dgn mat-er.i8~13 into
27 tal. b~c. Multilevel news racks shall be ofunifonn depth and width.
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29 CD) :N",,~.,rec;ks 3h8l1 be M&Htf'aefu.&,d mm.:8 ~lltlg' zinc gi15 3ted or thiCk-el.
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31 (C) ll,.y\,sracks ghttH ee, '~etpt !t1 pre iidea aer~m., t:tDifemtl) fere3t green in calef sa aU
32 cxt-crier 3tt.rfaee.] that ~ opaque, i:ae}Hdiftg all eftlle etkJc, the back, tfte 3id~3, aBa. tel'.
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34 (B)' No advertising signs or material, other than those dealing with. advertisin~ the name of
35 the .publication contained within the Newsrack, shall be displayed on the outside of any
36 Newsrack.
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38 (C) Each Newsrack which receives coins sh8.ll be equipped with a coin-return mechanism to
39 permit a person using the machine to secure an immediate refund in the event he or she is
40 unable to receive the publication paid for. The coin-return mechanism shall be
41 maintained in good working order.
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Each Newsrack shall have stenciled or othenvise permanently affixed to it in a readily
visible place sa ~ t6 he 3fl.tL by anyene 1:13ing ~~ ~ ~ e;~ 3raek a notice setting forth the
name and address of the Owner of or the Responsible Person for the Newsrack and the
telephone number ~f 11 V9"rking kkl"a8fl.e Jtrvicc to call the Owner or the Responsible
Person or to report a malfunction, or to secure a refund in the event of a malfunction of
the coin..retum mechanism, or to give the notice provided for in this Chapter.
In order to verify comnliance with the Master List reauirement in sections 131.30 and
131.40.. each Newsrack shall have stenciled or otherwise permanently affixed to it in a
readilv visible place a sticker or notice veri(ving that the Newsrack has been listed on a
Master List previous Iv submitted to the Director. and stating the month~ year.. and
corresponding number of the Newsrack on that list.
The Director may however. substitute a reasonable alternative to the "corresnonding
~mnber" requirement in the oreceding paragraph~ provided that any such alternative must
assist the Director in verifying: compliance with the Master List reauirement.
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, eacbNewsrack
shall be serviced and maintained, or replaced if necessary, 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 free of graffiti or other writing or pictures added
without the permission of the Owner er aaaea m exees3 of that l'enu1ttta by paragraph
(II) Ofthi3 3tction; (4) it is reasonably free of rust and cOIIasian in the visible metal areas
thereof; (5) the clear plastic or glass parts thereof, if~y, through which the publications
therein are viewed are unbroken and reasonably free of cracks, dents" blemishes and .
discoloration; (6) the structural and solid parts thereof are not broken, do not contain
holes (other than vent holes as part of the design of the Newsrack}, and are not unduly
misshapen; (7) the dispensing portion of each box 'shall be fully enclosed and
weatherproof so as to keep publications dry 'and free of snow and dirt; (8) all surfaces
shall be of sturdy impact resistant materials; and, (9) it shall contain no sharp comers or
sharp protrusions..
~l~J3rack3 3hall emr, no ca:rd holdtf3 af ad y Gl--'-al.s:l.lg,bti.t may di3pla) the atM1C, with
le~ering; tlfta. eaelcgfatifta aiM) ,01013, of the publieat1aa being W3pc.n3Ca, in sp~t3 in
tftG lOGatta1t3 &:ad 3ttCS 3C.t forth bclo w .
(1) Oil 1:he :Eraataftiie }r~.y~uaek. ~ le.ttering .siu 3ha:llltet '~e.~'a OJ1e afla. three
qlJft1'tet3 (1 ~~) inches height. The l~tterift~ 3hall be placed. withiti a co-lored..obtmd.
JPaeG aet exeee~ t\J6 atla aile ha:lf(2~~) iftehe5 in. Bei~t abe.c: ~ aear hinge.
(:) On the .siAc3 and. baGk of the ~vv3raek. Tb., lettering 3izc shaH net cx,c:ea 1:~wa
and one half (2~) iDchG3 in keigh.t. 'IbG lcu,ring 3M:ll ee l'l.aeed ~y'ithta 11 colefca
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A~R-26-2001 10:33
CITIZEN SERUICE OFFICE
612 266 8689 P.10/18
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158116 spaec not cxe'eam~ ib~ and ell~ hftlf (4~) H1eM:3 in height 8fta. bcg~g
. O~ (1) m~h frem. the top of the }~~\Y3rack.
(0) Newsracks for free publications may omit the coin box and may have the pull bar v.,elded
attached to the door to produce an "honor rack."
Sec. 131.95 Newsrack Corrals.
(A) Newsrack Corrals may be placed and maintained on the public sidewalks by any City
agency or district council at locations acceptable by the Director subiect to the Drovisions
of this section. The Director sMH may approve any proposed location where, as
determined by the Director, substantial pedestrian traffic, sidewalk congestion or the
presence of an excessive number of News racks within close proximity of one another
suggests the need for certain limits on the number and placement of News racks.
(B) Subject to the limitations set forth elsewhere in this Chapter, incltidin! Section.
1 J I.liO(D), the Director shall develop equitable criteria to allocate space within a
Newsrack Corral, 'where necessary, giving frrst priority to Newsracks displaying
publications that are then currently displayed within ~ (30) feet of such Corral.
(C) Prior to apple y mg afiY leeatiens or malM.~ aay dctcrm:i:M.tieiU, It! sct rank m Se;etion
B 1.80, prier to B,vdapirig any criteria fer Mlocating 3paee, 93 3ct [ana in Section
1 J 1.170, and prior to promwgatm! MY reg ttlatie113 m8king an) aet"buiftatiem relating to
this Section, tn(:lHd.iflg Mi) ,ktermina1ioM 88ft'tming the al'P~6pfiatc six sf installing
Corrals at particular locations, the Director shall consult with and solicit the views of
representatives of relevant city agencies, City Council, the relevant district council(s) and
entities which issue regular editions of publications intended. fer ai31ributieft distributed
on the public right-of-way. The ftWv C meMialu:a rtpre;3'1\t:ati-/es 3hall 5uhmit to the
Diretts! ~..vitm.a l'Jin't) aay3 of p8:33age, 8.,tJt'1O ~al aftd p1:tl5lieation of tftt3 Ordin8fi~e afi)"
fJrefS53aiJ rcgardiflg appf6pnate .!i1:.~ ttnd lotatiam sf Corrals afta t'fa1"a~,d trit~ria fur
e:llecatioa of 3l'ae~ rli~ ~ Corml~.
(0) Subject to the criteria established pursuant to Section 131.95 (C) above, the Director shall
allow any person to place or maintain a Newsrack within a Newsrack Corral, so long as
such person maintains such rack in conformity with all requirements of this Chapter and
so long as such person is not prohibited from placing such Newsrack at the location of
such Corral. by any provision of this Chapter.
(E) No person shall place or maintain a Newsrack within a Newsrack Corral unless the
Newsrack is unobtrusively attached by plastic coated cables, plastic coated chains or
otherwise to the Corral so as to ensure stability of the Newsrack.
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CITIZEN SERUICE OFFICE
612 266 8689 P.ll/18
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(F) No person shall maintain a Newsrack within ~ (38) twenty-five (25} feet cia
Ne,wsrack Corral unless st1eft the Newsrack is lawfully placed within sueh the Corral at
sueh that location.
Sec.131.100 Specific prohibitions.
No N ewsrack shall be installed:
(A) Within fhe (5) three (3) feet of any marked crosswalk.
(B) Within te.n. (10) three (3) feet of any unmarked crosswalk.
(C) Within ten (10) feet of any fire hydrant, fire call box, fire stand 1]ine.. police call box or
other emergency facility.
CD) OJ:? a public right of way where it is crossed by a public or private driveway or aIley, or
within five (5) feet of such public or private driveway or alley crossing, or "Within five (5)
feet of the end of radius or side slope of such public or private driveway or alley. crossing
where the public or private driveway or alley enters any street or highway.
(E) Within five (5) feet ahead of, an~ twenty-five (25) feet to the rear of any official public.
transit bus sign marking a designated b~ stop, measured along the edge of pavement.
(F) In or within five (5) feet of the curb in any marked truck zone, passenger loading zone,
van pool loading zone, handicapped transfer zone or ambulanc,e loading zone.
(G) Within three (3) feet of any bus bench, bus shelter, or plaza bench.
(H) At any location whereby the clear space for passageway of pedestrians is reduced to less
than five (5) feet., In those areas with maximum sidewalk widths on any block side of
less than seven feet six inches (7' 6")" the clear space for passageway of pedestrians shall
be the maximum amount possible while complying with the other provisions of this
Chapter, but in no event shall the clear space for passageway of pedestrians be less than
three feet six inches (3' 6"). In those areas with maximwn sidewalk \Vidths on any block
side of less than seven feet six inches (7'6"), there shall be no more than four (4) total
Newsracks on the same side of the same block whereby the clear space for passageway of
pedestrians is reduced to less than (5) feet.
(1) On any laWn or on or within twelve (12) inches of any area improved with. a hedge, a
boulevard garden, or flowers, or within three (3) feet of any tree.
(1) In fr6J1t af er vdthia Within one and one half (1 ~) feet from any window of any building
abutting the sidewalk or parkway or in such a manner as to impede or interfere with the
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reasonable use of such window for display purpose, unless permission has been obtained
from the nartv having legal authoritv over the windo~ or within four (4) feet of a
building entrance.
(K) On. attached to. or within. two (2) feet of any pele, p03t, meet l~t, u1:Hit) pole, traffic
sign or signal, United States Postal Service mailbox, P3!king meter, m: trash receptacle eJ'
e~r ptlblie fixture.
(L) Chained or bolted or otherwise attached to any property not owned by the OV/D,er of the
Newsrack or to any permanently fixed object withOtit t:ae prier \.~n e6~eftt ef sHeh if
the property owner objectS. St1.CA i\iTitkn. GO~e.at 3htd1 be pr(}~:..~tl). fwni3hca t6 t:hc City
1:11'011 Ie~l:1t3t. Provided. however. that onlv attachment devices that do not dam~ge the
nro-perty. such as coated chains or cables. shall be usc::d and that bv attachine: to such
prooertv the Newsrack Owner e~resslv afrrees that the property O\VI1er may revoke the
permission and may rem01fe the chains or cables without notice and without cause at any
time.
(M) By being chained to more than f1A~e (2) five (~ other Newsracks. A maximum oft:hree
@1 six (6) Newsracks may be chained or physically joined together in banks if each of
them comply comnlies with the requirements of this Chapter and they are joined together
in a manner that does not present a hazard to the public. Any bank ofthr,~ (3) six (6)
Newsracks, whether chained or unchained, and .whidi ate; 3cparatta indhidliaHy in my
(;!i3C b). 1'33 t:hfuJ. three (3) feet, v;hi,a!lmt are placed on the curb or street side of a
sidewalk must be at least three (3) feet froin any other Newsrack, except when located
within a Newsrack Corral pursuant to Section 131.95.
In Herita2e Preservation Districts. no more than. three (3) Newsracks mav be chained or
nhvsicaIlv ,ained tQgether.
No two Newsracks displaying or offering the same publication for sale or distribution
may be,. placed or maintained within twentv (20) 1:h:irty (:~O) feet of one another, unless,
such Newsracks are across the street from one another; provided, howevers that no more
than three Newsracks displaying or offering the same publication for sale or distribution
may be placed or maintained at or within twenty (20) t:hir.ty (30) feet of anyone
intersection.
(N) In violation of local, state or federal handicapped accessibility regulations.
(0) That exceeds ial.<fY twO (42) sixty (60) inches in height and is within a distance of twenty
(20) feet from any street intersectioD.
(P) That exceeds feEt} ~ve (4~) sixtv (60) inches in height and is within a distance often (l~)
feet from any street and alley intersection.
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(Q) Over, above or on top of any public utility opening, delivery chute, areaway access or
other access through the right of way.
(R) Upon or Within. fi&Ga (15) fc~t efany Parkway. unless the adiacent pro-perry is primarily
devoted to commercial or industrial uses at IIeritagc rrc:;~tien DiJ'tiie.t.
Sec. 131.110 Enforcement procedures - Nonconforming Newsracks.
(A)k1y Newsrack installed in violation of the provisions of this Chapter shall pe tagged with
a "Notice of Violation" stating the violation, date of tagging, and notice of intention to
remove the Newsrack tma rt7ak~ the Certificate of Campliftt\t(: if the violation is not
corrected within ten (10) days and specifying the procedure for obtaining a hearing and
opportunity to be heard regarding the violation using the procedures set out in section
131.70. The Director shall also provide notice to the Owner or Responsible Person
thereof by seIldinga copy of the "Notice of Violation" to the person listed in the
application Master List, if any, pursuant to section 131.40~, or to the person listed on
the notice affixed to the Newsrack as required by section 131.90t67.
(B) The Director may, as an alternative to tagging and. r~ . ak:i:ag the Ccrtme.atc af
Campli~" have such Newsrack(s) me\ea, realigned or o~erwise repositioned in order
to restore them to a legal condition.
(C) Any Newsrack which has been tagged and remaiIls in violation of the provisions.stated on
the tag past the ten-day correction period, and for which no Appeal has been requested
pursuant to section 131.70 during that ten-day correction period, shall be removed and
stored in a secure location, ma tfte Certilleatc of Compli8ftee 3fta:l1 be; autc.unati,aJ1y
deemed. re ;61<<:d.
(1) The Director shall provide notice to the Owner or Responsible Person thereof by
sending a "Notice of Removal" to the person listed in the ttpplieationMaster List.
if any, pursuant to section 131.40(B} or to the person listed on the notice affixed
to the Newsrack as required by section 13L90e31. Such notice shall state the date
the Newsrack was remove~ the reasons therefore, and the procedure for obtaining
a post-removal hearing and opportunity to be heard regarding the removal using
the Appeal procedures set out in section 131.70.
(2) Any such Newsrack removed and stored pursuant to these provisions shall be
released to the Owner or Responsible Person thereof if claimed within fotty-five
(45) days after such removal and upon the payment of reasonable charges of
removal. and storage. Upon failure of the Owner or Responsible Person to claim
such Newsrack and pay the reasopable charges within forty-five (45) days after
the mailing ofvm~en notice of removal, such Newsraek shall be deemed to be
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unclaimed or abandoned property and may be disposed of pursuant to provisions
outlined in the Saint Paul Legislative Cod,e relating to unclaimed or abandoned
property, but without the requirement of further hearings or notices.
(D) Any Newsrack in violation of the provisions oftbis Chapter, which violation creates an
immediate and substantial danger to the health, safety or welfare of the public, which
violation cannot be quickly and easily corre~ted by moving or otherwise repositioning the
Newsrack, may be .summarily removed and stored in a secure location so as to eliminate
the danger to the heal~ safety and welfare of the public. The Director shall promotlv
3ubgcqucntly provide notice to the Owner or Responsible Person as otherwise outlined in
this section and allow for a post-deprivation hearing.
Sec.131.120 Absndoned Newsracks.
(A) A Newsra.ck. shall be deemed abandoned when no publication provided by a registered
,Newsra.ck Owner is in the Newsrack for a period of more than thirty (30) consecutive days,,-
or when the Newsrack and location have not been included on a Master List as required
under this Chanter. If Ilf1 a.h&~d"acd Nevv-:srack, ft3 a~t'~d b) the Direetef }5l:lf3t1ft11.t t'O
thi3 3ccticfl, is in a location rcgi3tcrea by a C,rtifieatG of Compliati", then that Certificate
sf Celft15H8flee 3Mll b~e8me \, aid lHta be automatieaHy a"]!u~a. re tfokca, 8ftti the leeatien
,3hMl bCt.~.41(' All ftilablc to ether Ovmcrs tx-cl~i-:ely fer 8. pl.ried of ntfte1:y (90) aays.
(B) 1~ NeVt,3ra~k le,atial1 3hail be de'4~d abWldoned 7.,"heft the ~t";JSra,k rcgiMen~a to the
lo"eatien is not imtallcd in it3 rcgi3ft;fta leeat1.afl.f6! So period of mere tftM H1irt) (30)
consecutive <la) 3. If a Nt wsrack laeat1ali 13 abanaoned, as dctc~ea.. by taG Director
pursuant to thi3 Jcctien, then th~ C~rtiii(.a.te ef Compliance fur that locati5il 3haR become
"Treid md b~ 8atematieaHy a~~m'a lc-;ek'd, ami. the locatiaft 311aU eetem, available to other
O\\~er3 exallt3ively rer 41'en6a. of nin~ (90) days.
(B) In the event a Newsrack Owner desires to voluntarily abandon a Newsrack location, the
Owner shall provide notice to the Director, including the month and the year that the
Newsrack wasjirst placed on a Master List. and the corresnondin~ Master List number. and
completely remove the Newsrack and restore the public right-of-way to a safe condition,
leaving no trace.
(C) When the Director shall find an abandoned Newsrack on the public right of way within the
city, the Director shall cause a Notice of Violation to be placed upon it pursuant to the
procedures established in section 131.110.
Sec.131..130 Severability.
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If any sectio~ subdivision, sentence" clause or other part of this Chapter should be adjudged
void or of no effect, such decision shall not affect the validity of any other portions of this
Ch~pter .
Sec.131.140 Rights of Underlying Fee Title.Owner
This Chapter shall not in anyway limit, lesse~ or derogate the rights of ownership or control,
if any, of any owner of the underlying fee title of any City right of way covered by this
Chapter.
See.. 131.150 Application To Other Governmental Units
lbis Chapter shall not apply to other governmental. units or in any way derogate their power
to regulate their property or rights of way. All registrations under this Chapter are subject
to the authority of any other governmental unit.
Set.131.160 Natlll" of PcrmissioD ChanS!e ofSurroundin~s
Permission to install aN ewsrack on a public right of way is at the sufferance of the City. No
property right of any kind is intended or created. The City may at any time, either pursuant
to the provisions of this Chapter or by ordinance amendment 'Withdraw or modify its
permission. All permission is subject to continual compliance with the provisions of this
Chapter. If the physical surroundings of a Newsrack, which was legally located when
originally installed, change so that the Newsrack can no longer comply with sections 131.80,
131.100 or any other sections of this Chapter, then it shall nromptlv be immcdiat,-ly removed
by its Owner and its continuing presence shall b~ a violation subject to remedy under section
131.110.
. ~
Sec. 131.170 Implementation
The Director shall implement and administer this Chapter. The Director shall prepare and
execute. a plan to implement this Chapter during the Implementation Period consistent with
the expressed pUi:poses and provisions of this Chapter and consistent with the City of Saint
Paul Legislative and Administrative Codes and Charter. This plan shall be guided by the
following:
(A) All determinations regarding Newsracks shall be content neutral.
(B) No preference shall be given to any particular type of publication.
(C) f~er tile lm.plem'Amtiall Period of thi3 CMl'ter, all applieatioftS for a Crnmtate of
Campliaftec fer !tay 3peeiS, location whid! i3 p~lttittcd by the Pf(h i3i6ft3 af 'Em.3 Cfta{JteI
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(D)
(E)
(F)
(C)
. oo....fSO.
shall be a:lla'tlted en a first come,' fir,,! 3crv.cd b~i.1" ApptlC8.1:ien3 3M:11 bc datt; stamped
. ~"aen rceci v"-Ga 'Wit:k 1:h~ t~~J.l' of receipt aatea.
Dtlring the lmpltatGwtien Pcrie6 af this CBal'ter, prierit)" a:Ha,atiOfi ef CCrtif1catc3 af
Compliftll'Ce for MY 3pe~iIiG locatioft :ffla:ll he !,6 yanca ey a 3)"stem aeJignea, te the t'leknt
rta56ftft'bly l'os3iblc, ba3ea 011 the llWllbcr of 16catiaft3 that Me in cemplianec .,,-;i1:h this
Chapter, and aee6fam! te the felle~g pri6riti~3 in the felle;.;ng Olaer.
(1) Laeatio~ 611 a specific 3idc 6f 8. Jp~(;ific City hlack 8fe te be fdle~ated te tho.!,
Ncwsrace t:h.at re~aft2lbly Pfov'C te eke Dh'eeter that tft~y "'.\tfC l'r' (iawly wtaHe.d
(~ af a aM:' aetl.u~.incd by tile Dirc.tter) on tftat Jp"Gi:fic }'leek 3ide.'
(2) If .aeeeJJth}, the-Director shaH ea~r!tl.~t a rane.em M10Gabon s) stem fer ~rt ~3fac~
that rca:senabl, pre w"C te tall Direet-or that 1:l1e) J.. ere pIC viel::l31y 1n3mllca (a3 af a' date
dctc~d ~" the Di1"etler) ell a 31'teme block 3iae, 8:tla theft tanaem!) ~loe*
lec:1lti3u3 011 that block sidc at at! adjaecnt block 3ia~ 8:3 close te ehe previow le-taiien
B3 the l"cquircmcllt3 ofehi3 Chapter and the 1%33igncd priority Ie\-,l allow.
(3) If llGeGJJM J, the. D ircctor shall taMfi tiel a ranaeBi aUaeatien 3y3'tem far ~J ewsraclo
that vw C~ ltOt pre v"io1:t51y ~'t8:H,d, or that carmet r'~enably pre y' t3 !he Director ~8.t
the, were pre-w"i6t13Iy ~ttil,~ (83 of a Elate a'~~u~iftCd by the DiI"ter) en a 3peaiiie
block side aMi, .Mid t:ftc.l'1 randomly ftileeatG laeatiofts 611 tliat bleck3idc ef an adjaecnt
hIed< 3ide: ft3 cle~c to the rcqliG3t'a lc~ation 83 elle reqtlb.',,"uCM3 eftfti.3 Chapter ane
thc 83signcd priorit) le\ ,1 allow. The!e laeat.ia1'13 3h8R bealla'M~d after the
a116catteM ie. tfte pre iiat!3 paragrapb~ (D)(l) and (0)(2) aee" e.
The Director may, with rCa36nael~ ftahe' (~vhith may mehta, netice 8ft ea, City's W-orld
Widc Web heme page), 'jta"bl~h a.pplieaaefl. aeadii:a<:3 that OCCt!l' )16 greater than n:tl1G~ (90)
... J W .t'... ~... ..
l'tierity aH6eation. of Ce;rtificatc3 ef Cemplianec for ~
p8l'~ra.ph (0) ofthi3 3eatOft.
Tke Dkeetart t6 !he cxtalt rt83oft8.bl) pas3jhl~, 3lmll gi-~, llaa~e af the proposed priority .
allaeatien of Certificaks of CompHatlCe to ail 0 ~r3 tM.t l1ppl:) fur priority aBaeat1a11 ~
pre" idea iB l'flfagfapk CD) of tM3 3ettion, at le~t :fifty J&"sr da, 3 prier to the end of the
Impl,mc.Amtion. relied for thi:s Chapter. (~a) #lit.. 9 ..1'..
The Director may authori2e the placement of warning notices on N ewsracks at any time
during the Implementation Period which state that all Newsracks are subject to removal on
the specified effective date of this Chapter unless they have; obtained a C,fli:ft,ate ef
Cdm.'pli8fte~ plir3~lt M are in compliance 'With the requirements of this Chapter. Each such
warning notice shall contain information regarding inquiries fltia.1ft~ le~8.!i6n fer-obt8:inin:g
a Certifkatc of CempiimGe about compliance.
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(II) If, dariflg th.e Impk~Attlti6n Period, a ~~t"""Maek 0 wnCl ~ reaJoft8.bl, gf6ti.l1d3 te elaim
~ a Certificate of Complianee k~ been 'WT6ftg;Htily cknicd, aftd liVati1'3 to aJ'Pe,&l that
tktc~tie~ tft.~ B.P15ealmA OVlftel shall, within:S. we (5) da; s af r'~{.ipt afneaeeef denial,
aemafid a l~,iiew br-ghing 'Written l'ieiiee ta the Dilccter, ana. mGludifig in that ltohc.c an)i
exhibits 31Xh as phetegrapk! or .maps or ~-.. it3 \T.;~b. slipper!: the Glaifa. No erai
pre,3f.ftl2lf1ed 3bMl bG pcu.u.~tred, and all grellftCi.3 .3tlpyo11:ing ~e, appea:l JW1 be. pro vitif;a in
~Titing. The Director :shaH revie,7,; the claim Nithin ten (1 9J day 3 of rte,,:t't of notit~ t 6m
~ .!lpp,Ming O~l1'r. Within tea (1 Q) 5) 3 efthe ft-;itW, the Direeter 3baH pro-'idc;v;yiUcn
notice of~ de,e13iaa to 1:5., appl.alil'1g O\\'ftCf.
(I) If:the appta:1:i25.g OWfttf bdit,.~ the Dircctor'gaeei3iea ofthc appeai tmBcr Seet16l\ 131.170
(II) is in error, the appcaimg ,OWftef mfl)" iiI, a wnU'C8. re'1tK.3t fay a rCiiev". plttSUtm.t to
ChaptGI 18, L,~i31Ath e II,&.m~ Ofiice;r, oftbc Ci1~Y af St. Paw L~gi31a:ti-;G Caac.
Section 131.180
Nonce.
Unless otherwise specifically provided for in this Chapter, any notice which may be required
to be or is given shall be in' writing and shall be deemed received when it is either: (i)
Personally delivered~ or (ii) Placed in the Certified U.S. Mail, retum receipt requested..
Secrion 3
Saint Paul Legislative Code Sections 18.01 and 18.02 are hereby amended to read as follows:
Se~. 18.01. Legislative hearing officer.
In order to hear and decide appeals of orders, deci'sions or determinations made by the
enforcement officers relative to the enforcement of health, housing, building or flI'e codes
contained in the Saint Paul Legisiative Code, as well as appeals of decisions made relative
to Newsracks under the St. Paul Legislative Code.. there shall be and is hereby created a
legislative hearing officer. The legislative hearing officer shall be a City of Saint Paul
employee appointed by the president of the city council. The legislative hearing officer shall
have the authority to hear appeals to orders, decisions or determinations of the enforcement
officers and m$e recommendations to the city council. The hearing officer shall not have
the power to grant waivers of the Minnesota State Building Code. All matters, orders,
decisions and determinations of the hearing officer shall be forwarded to the city council in
resolution form within ten (10) days of the hearing officers actions. The city council shall
have the authority to approve, modify, reverse, revoke, wholly or partly, the hearing officer's
orders, decisions or determinations and shall make such <:?rder, decision or determination as
ought to be made.
Sec:. 18.02. Hearing petition, filing, fee, notiee.
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Any property owner affected by any order which has been issued in cOIUlection with the
enforcement of a health, housing, building or fire code, or any rule -or regulation adopted
pursuant thereto, or any Newsrack Owner affected bv any decision made pursuant to section
131.70 (B) of the St. Eaul Legislative Code. may request and shall be granted a hearing
before the legislative hearing officer on all matters set forth in such notice; provided, that
such property or Newsrack owner shall first file with the legislative hearing officer a written
petition requesting such hearing and settingforth a brief statement of grounds therefor within
ten (10) days after the date the original notice of code violations, or within ten (10) days after
the date on which notice of the Newsrack decision under section 131.70 ffi). was issued.
The filing fee for such petition shall be twenty-five dollars ($25.00) except that where there
is financial hardship, the hearing officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such petition, the hearing officer shall set a time and place for such hearing
and shall give the petitioner written notice thereof. The hearing shall be conunenced not later
than thirty (30) days after the date on which the petition was filed.
Section 4
Section, 131.90(A) ana (B) of Section 2 of this Ordinance shall become effective two (2)
years following its passage, approval and publication. &,tiOJI 3 af tm30r~G~ Jhtt1.1
be.eem'- ,ffc,tivc ~. (30) days f.e llo1y. iftg its p&33age, approval and publication. All other
provisions of this Ordinance shall become effective one-hundred and eighty (180) days
following their passage, approval and publication.
l:IUD:UII'_\N'lI_'t__._.....
Reques~ed by ~eparcmene of:
By:
Form Approved by City At.'Co:rney
Adopted by Coune11: JJat:e ~ """ '). a. l ~ClO
By: .p~ 9'~ //,Q..OO
Adopeion ertified by couneil Secretary
~
.proved by Mayor: 'i ~
~ ~~tl/t-
PUBtrc;ucn
ay:
1pproved by Mayor for Subm1ssion eo Council
By:
By:
PUBLISHED
,OI 18 '00
- .- ......
TOTAL P.18