Memo - Newsrack Ordinance Update
ADMINISTRATIVE SERVICES
DEPARTMENT
. MEMORANDUM
To:
FROM:
DATE:
SUBJECT:
Honorable Mayor and Members of the City Council
Steve Stahmer, Assistant to the City Manager
November 9, 2001
Newsrack Ordinance Update - November, 132001 Council Work Session
This discussion is intended to provide the Council with an update to the September 25, 2001
Council work session presentation on news rack regulation. A revised draft ordinance for the
Regulation of Newspaper Dispensers is attached, as is a list of Location Requirements and
Proposed Buffer Zones.
Current Conditions (reprinted from 9/25/01 memo)
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Currently, 24 newsracks are located on Mainstreet (or at Mainstreet intersections) between 6th
Ave. and 13th Ave. in downtown Hopkins. Twelve newsracks are located between 8th Ave. and
9th Ave. alone. In addition to for-sale publications such as the Star Tribune, Pioneer Press and
the Wall Street Journal, many newsracks contain various free publications (e.g., Employment
Weekly, Employment News, The Employment Guide, and AutoMart). Five newsracks
containing the publication Employment Weekly can be found from approximately yth Ave. to 13th
Ave. Of the 24 newsracks indicated above, nine are free employment guides. However, as Mr.
Gennelie indicated during the May 29,2001 Work Session, any attempt to discriminate between
for-sale publications and these free publications would undoubtedly be challenged as
unconstitutional, content-based regulation prohibited by the First Amendment.
In addition to those found on Mainstreet, newsracks are present to a lesser extent throughout
Hopkins. For example, at the intersection of Highway 7 and Hopkins Crossroad, a newsrack
containing Employment News is located in the grass area of the northeast corner of the
intersection. It is assumed that numerous other newsracks are located throughout the City on
busy roads and at intersections and bus stops.
Expected Impact of the Draft Ordinance
Detailed maps/diagrams of four Mainstreet blocks have been developed, which indicate the
relevant features and those areas that would be off limits to newsracks under the current draft of
the ordinance (maps to be presented at Work Session). The maps are drawn approximately to
scale, and indicate the location of existing newsracks as well other features such as trees, traffic
signals, traffic signs, streetlights and other objects that would affect the placement of newsracks
under the proposed ordinance. Buffer areas, in Which news racks may not be located, are also
indicated. Because the vast majority of building facades on these blocks are comprised of
display windows and building entrances, only sidewalk features were measured and plotted -
window and doorway measurements were not obtained. As discussed below, only a few limited
areas of these Mainstreet blocks would be available for news racks to be located on the building
side of the sidewalk rather than curbside.
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If implemented, the newsrack ordinance would cause dispensers currently concentrated at
intersections such as Mainstreet and 8th, Mainstreet and 10th to be relocated. The current draft
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prohibits the placement of newsracks within 20 feet of a street intersection. In addition, with
regard to Mainstreet, very few newsracks would be allowed near the walls of buildings on the
building side of the sidewalk. This is due primarily to the high number of windows and building
entrances along Mainstreet. While a few small areas do exist where newsracks would be
allowed against a building along Mainstreet, most dispensers would need to be located at
curbside. However, distributors could obtain permission from a building owner to place a
newsrack in front of a display window, for example.
It is likely that the existing concentrations of newsracks would be dispersed along the lengths of
the various City blocks (see Mainstreet maps). For example, the group of newsracks currently
located in front of Michelangelo's would not be allowed under the provisions of the ordinance
because they are within 20 feet of the intersection and they are also located to close to city
owned utilities and other features. These newsracks could, however, be dispersed and located
along the length of the block or moved to an adjacent Mainstreet block. It is also reasonable to
assume that distributors may elect to relocate some newsracks to side streets which intersect
Mainstreet, thereby moving dispensers possibly just 20 or 30 feet north or south of Mainstreet.
These side streets, such as 11th Avenue, south of Mainstreet, generally have fewer features
such as trees or windows and would allow for news rack placement under the draft ordinance.
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It is also expected that the ordinance, in addition to dispersing groups of newsracks along
Mainstreet, would help to limit the total number of newsracks that are concentrated in downtown
Hopkins. The provision that "no dispenser shall be placed within five hundred (500) feet of
another newspaper dispensing device containing the same newspaper or periodical" should
ensure that fewer newsracks containing the same publication could be located in such a limited
area. However, there is no way to know whether distributors would decrease the number of
newsracks they currently maintain in any section of Hopkins or if they would simply spread them
out to comply with the ordinance.
Administrative Issues/Staff Impact
The issue of City staff responsibilities and how those responsibilities would be divided is
currently under discussion. One proposed option is for the task of administering the ordinance
to be divided between the Streets Superintendent ("Public Works Director or his/her designee")
and the City Clerk. Under this option, the City Clerk (or designee) would be responsible for
keeping all records, for ensuring that the documents and fees are properly submitted and for
tracking newsrack-related complaints. The Streets Superintendent (or other Public Works
designee) would then be responsible for fairly coordinating and administering the physical
placement of newsracks and for enforcing the provisions of the ordinance. As previously
mentioned, staff responsibilities and various options are still being discussed and a
recommendation will be provided as soon as possible.
Reaulation of Newsracks in other Metro-Area Cities
.
The City of Woodbury currently has a newsrack ordinance in place. According to Woodbury city
staff, however, the ordinance is not actively enforced and has not been enforced for at least five
years and maybe longer. Whether this is because no complaints have been received and the
requirements of the ordinance are being met or whether there is simply no attempt to enforce
the provisions is not clear. The City of St. Paul also administers a newspaper dispenser
ordinance through the city's public works department. St. Paul has a large public works staff
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and the departmental support/clerical staff to handle the administrative and record keeping
responsibilities associated with suph an ordinance.
Questions and Next Steps
Questions to consider:
1. Does the Council wish to pursue the regulation of newspaper dispensers?
2. Do the proposed buffer zones appear to be too restrictive or not restrictive enough?
3. What other issues would the Council like to have examined? What questions does the
Council have?
Next Steps:
1. Continue development of draft ordinance:
a. Determine staff responsibilities for administering the ordinance.
b. Work with Public Works and Fire Departments to identify issues and determine
required buffer distances, etc. (Required distances may need to be adjusted.).
c. Determine appropriate fees to be charged to distributors and the process for appeal.
d. Research legal issues with City Attorney.
2. An informational letter, describing the issue and indicating that Hopkins may begin
regulating dispensers should be sent to all distributors that are currently known to maintain
newsracks in Hopkins. This may mitigate the possibility of opposition to the ordinance and
legal action that could conceivably be taken against the City.
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Newsrack Placement Regulations:
Proposed Location Requirements and
Buffer Zones
November 13, 2001
. The provision that "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 (5) feet," will effectively prevent newsracks from being located in
most residential areas due to the limited sidewalk widths in those neighborhoods.
. All dispensers must be set back no less than one (1) foot and no more than two (2)
feet from the curb, except that newsracks may also be installed near the wall of a
building if the closest edge to the building is placed parallel to and not more than six
(6) inches from the wall.
. No dispenser shall be located within five hundred (500) feet of another newspaper
dispensing device containing the same newspaper, periodical or other publication.
. No dispenser shall be located on the sidewalk in front of the Hopkins Center for the
Arts' (north side of Mainstreet) or in it's surrounding plaza.
. No dispenser shall be located within five (5) feet ahead of, and twenty-five (25) feet
to the rear of any official public transit bus sign marking a designated bus stop,
measured along the edge of pavement
. 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 (5)
feet unless such passageway is already restricted by a permanent fixture and the
placement of the newsrack will not reduce the remaining passageway.
. No dispenser shall be located where the newsrack interferes with or hinders city
removal of snow, ice, and debris from the roadway or sidewalk.
Reauired Buffers: Newsracks must be located at least:
20 feet from:
1. street intersections
15 feet from:
1. fire hydrants
2. other emergency facilities
.
.
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10 feet from:
1. street-alley intersections
2. parks
3. light standards
4. electrical receptacles
5. traffic signals
6. traffic signal control boxes
7. traffic signs
8. mail boxes
9. water meters
10. gas meters
11. electrical pull boxes
12. catch basins
13. utility manhole covers
14. marked loading zones
5 feet from:
1. trash receptacles
2. marked crosswalks
3. No dispenser shall be located within five (5) feet ahead of, and twenty-five
(25) feet to the rear of any official public transit bus sign marking a designated
bus stop, measured along the edge of pavement
4 feet from:
1. building entrances
3 feet from:
1. trees
2. bus bench
3. bus shelter
4. plaza bench
1 % feet from:
1. any window of any building abutting the sidewalk or parkway (or in such a
manner as to impede or interfere with the reasonable use of such window for
display purpose)
1 foot from:
1. any area improved with a hedge, a boulevard garden, or flowers
RAFT
Section 840 - Regulation of Newspaper Dispensers
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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. Subdivision 1. 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/Newsrack" 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.
Subd. 4. "Director" means the Public Works Director of the City of Hopkins, or his or
her designee.
Subd. 5 "City Clerk" means the City Clerk of the City of Hopkins or his or her
designee.
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840.05 Compliance Required. No distributor/custodian of any newspaper box dispenser
shall carry on 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. Indemnitv. Subdivision 1. Each distributor/custodian shall 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 newsboxes 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. 09. Master list and correspondinq sticker or statement required. Subdivision 1. No
erson shall install a newsrack on or in the public right-of-way without first submitting to the
a master list that contains the location of each newsrack and the items described in
.
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Subd. 2. Submission of master list and other required items.
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a.
b. Submissions. Before any newsrack may be installed, and at least every six (6)
months thereafter, each newsrack owner shall submit to the City Clerk a master
list, as well as any fee, hold harmless agreement, and certification required under
this section. The master list shall specify each newsrack location in numerical order
and shall contain the following information and attachments:
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(1) The name, permanent address and telephone numbers of each owner of the
newsrack and the name of the newspaper or periodical it will dispense.
(2) The name, permanent address and telephone number of a responsible person
whom the city may provide notice or contact at any time concerning the
newsrack(s), which notice, if given, shall bind and be deemed actual notice to
the owner(s) of the newsrack.
(3) The specific location of each newsrack, listed individually and numerically,
including any identifying information for the location, such as a corresponding
street address and specific corner of an intersection, where applicable.
(4) Information that allows the director to easily determine 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) The fee, ifany, as established pursuant to section
(6) A fully executed hold harmless agreement as required by this chapter.
(7) A certification, signed by an individual with the requisite corporate or other
power and authority to bind the applicant, which states that the applicant has
reviewed, 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.
c. Issuance of certificate of compliance. Upon a finding by the Director and the City
Clerk that the applicant and all owners of the newsrack are in compliance with the
provisions of this chapter for: (1) The proposed newsrack location, and (2) all other
existing newsrack locations, the director shall cause to be issued a certificate of
compliance. Such issuance shall be made within fifteen (15) working days of the
city's receipt of the completed application.
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d. Denial of certificate of compliance. If a certificate of compliance for one or more
newsrack locations applied for shall be denied, the applicant shall receive notice of
the denial in writing within fifteen (15) working days of the city's receipt of the
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completed application. The applicant shall be advised of the specific cause of each
such denial by the director. The applicant may amend the application and reapply
for the same location, or apply for a substitute alternative location, subject to a five
dollar ($5.00) reprocessing fee for the first reapplication.
rea lications shall be subject to the standard application fee.
e. Additional certificate of compliance. If, at any time after initial application for a
certificate of compliance to install a newsrack, an owner wishes to install additional
newsracks at additional locations, then subsections (C) and (D) above are to be
repeated in accordance with the provisions of this chapter.
f. Lapse of unused certificates. Any certificate of compliance not used to install a
newsrack within thirty (30) days from the date of issuance shall be void and
automatically deemed revoked, and the owner's newsrack shall not be installed at
that location.
840.11. Placement Requirements. All newspaper box dispensers placed on public property
shall comply with all applicable provisions of this code as follows:
a. Subject to the prohibitions of this chapter, newsracks may be installed on public
sidewalks and public pedestrian areas.
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b. Newsracks may not be installed in any public right-of-way which is used regularly
or intended to be used by motor vehicle traffic. 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.
c. All dispensers 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.
d. All dispensers must be set back no less than one (1) foot and no more than two (2)
feet from the curb, except that newsracks may also be installed, subject to the
prohibitions of this chapter, near the wall of a building if the closest edge to the
building is placed parallel to and not more than six (6) inches from the wall.
e. Every newsrack shall be installed so as to open toward the sidewalk. Newsracks
placed near the curb may not open toward the street.
f. All dispensers shall be securely anchored or weighted so as to not be easily tipped
over, blown over or improperly removed.
g. No newsrack shall be in any way installed or attached to any traffic sign or signal,
hydrant, United States Postal Service mailbox, or parking meter. No dispenser
shall be chained, bolted or otherwise fastened to any City owned property without
. permission of the Director.
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h. No dispenser shall be located within fifteen 15) feet of an fire hydrant or other
emergency facility.
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i. No dispenser shall be located within five (5) feet of any marked crosswalk.
j. feet from any street intersection
No dispenser shall be located
within ten (10) feet from any street and alley intersection.
k. Dispensers must be located on a concrete surface or other similar hard surface.
No dispenser shall be located 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.
I. No dispenser shall be located within five hundred (500) feet of another newspaper
dispensing device containing the same newspaper, periodical or other publication.
m. No dispenser shall be located within one and one-half (1 1/2) feet from any window
of any building abutting the sidewalk or parkway or in such a manner as to impede
or interfere with the reasonable use of such window for display purpose, unless
permission has been obtained from the party having legal authority over the
window, or within four (4) feet of a building entrance.
.
n. No dispenser shall be located within ten (10) feet of utility, or government owned
parks, light standards, electrical receptacles, traffic signals, traffic signal control
boxes, traffic signs, mail boxes, water meters, gas meters, electrical pull boxes,
catch basins, utility manhole covers or other similar features.
o. No dispenser shall be located within five (5) feet of any trash receptacle.
p. No dispenser shall be located on the sidewalk in front of the Hopkins Center for the
Arts (north side of Mainstreet) or in it's surrounding plaza.
q. No dispenser shall be located within three (3) feet of any bus bench, bus shelter, or
plaza bench. No dispenser shall be located within five (5) feet ahead of, and
twenty-five (25) feet to the rear of any official public transit bus sign marking a
designated bus stop, measured along the edge of pavement.
r. 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 (5) feet unless such passageway is already restricted by a permanent fixture
and the placement of the newsrack will not reduce the remaining passageway.
s. No newsrack shall be installed within ten (10) feet of a marked loading zone.
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t. No dispenser shall be located where the newsrack interferes with or hinders city
removal of snow, ice, and debris from the roadway or sidewalk.
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DRAFT
840.13. Other Newsrack Dispenser Provisions. In addition to the placement requirements of
Section 840.11 above, all newspaper box dispensers placed on public property shall comply
. with the following provisions:
a. 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.
b. Each newsrack which receives coins shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate refund in
the event he or she is unable to receive the publication paid for. The coin-return
mechanism shall be maintained in good working order.
c. The distributor/custodian shall not use the device for advertising signs or publicity
purposes other than those directly related to the display, sale or purchase of the
newspaper or periodical sold within.
d. Each news rack shall have stenciled or otherwise permanently affixed to it in a
readily visible place a notice setting forth the name and address of the owner of or
the responsible person for the newsrack and the telephone number 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-return mechanism, or to give the notice
provided for in this chapter.
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e. In order to verify compliance with the master list requirement in section 840.09,
each newsrack shall also have stenciled or otherwise permanently affixed to it in a
readily visible place a sticker or notice verifying that the newsrack has been listed
on a master list previously submitted to the City Clerk, and stating the month, year,
and corresponding number of the newsrack on that list.
The City Clerk and/or Director may, however, substitute a reasonable alternative to
the "corresponding number" requirement in the preceding paragraph, provided that
any such alternative must assist the City Clerk and Director in verifying compliance
with the master list requirement.
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f. 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, 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; (4) it
is reasonably free of rust and corrosion in the visible metal areas thereof; (5) 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; (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
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Subd. 3. If within ten (10) working days after the mailin
. properl identified or the offendin condition is not corrected,
he offending dispenser and its contents shall be removed and stored in a
convenient location by the Director.
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DRAFT
dirt; (8) all surfaces shall be of sturdy impact resistant materials; and, (9) it shall
contain no sharp corners or sharp protrusions.
g. 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.
840.15. Abandonment. In the event a newsrack remains empty or unattended for a period of
ten (10) days or more, 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.
840.17. Removal of Dispensers. Subdivision 1. If any dispenser is not properly identified as
to the owner or custodian thereof, a copy of section 840.13 (which includes 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. 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
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