Memo- Regulation Of Newspaper Dispensers
Memorandum
I Community Services Department I
From:
Hopkins City Council
Jim Genellie
December 8,1999
Regulation of Newspaper Dispensers
To:
Date:
Subject:
Attached is the draft of an ordinance regulating the placement and maintenance of
newspaper dispensers. The Street Department has requested that the City Council
considering adopting such an ordinance.
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 Michelangelos. The dispensers detract from the
appearance of businesses on Mainstree1. 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.
What is the purpose of the ordinance?
The ordinance is not designed to prohibit these dispensers rather it seeks to control the
placement and ensure the maintenance of the dispensers.
Do any other cities regulate newspaper dispensers?
Woodbury and S1. Paul are two cities that have these regulations.
\Regulalion of Newspaper dispensers.doc
Are there any first amendment issues with this ordinance?
Anytime ordinances address newspapers there are liable to be first amendment issues.
The City Attorney's office is reviewing this ordinance.
At the Worksession, staff will provide additional information regarding the location of
these dispensers and the effect of the proposed ordinance on existing dispensers.
\Regulation of Newspaper di5penser$.<loc
Section 840 - Regulation of Newspaper Dispensers
840.01. Puroose 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 hewspaper 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. Indemnitv. 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 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.
840.11. Placement Reauirements. 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 (1 5) 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 news rack 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 reauired. 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