3478 NEWSRACK ORDINANCE
June 8, 1999
ORDINANCE NO. 3
AN ORDINANCE OF THE CITY OF SANFORD,
FLORIDA RELATING TO NEWSRACKS;
ESTABLISHING CHAPTER 22, ARTICLE II, "THE
SANFORD NEWSRACK CODE"; PROVIDING
INTENT AND PURPOSE; PROVIDING
DEFINITIONS; PROVIDING FOR
ENFORCEMENT; PROHIBITING
INTERFERENCE WITH PUBLIC SAFETY,
UTILITIES, GOVERNMENTAL USE OR
TRAFFIC; PROVIDING STANDARDS;
PROVIDING REGULATION OF LOCATION;
ESTABLISHING PRIORITIES; PROHIBITING
DISPLAY OF CERTAIN MATTER; REQUIRING
NEWSRACK IDENTIFICATION; PROVIDING
SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED by the people of the City of Sanford, Florida as follows:
Chapter 22, Article II, of the City Code is hereby amended to read as follows:
CHAPTER 22, ARTICLE II, SANFORD NEWSRACK CODE
Sec. 1. Short title.
This article may be cited as the Sanford Newsrack Code.
Sec. 2. Intent and Purpose.
The City Commission of the City of Sanford finds and declares that:
(a) Findings.
(1) The uncontrolled placement and maintenance of newsracks in the City of
Sanford presents an inconvenience and danger to the safety and welfare of
the general public; including pedestrians, persons entering and leaving
vehicles and buildings, and persons performing essential utility, traffic
control and emergency services.
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(2) Newsracks so located as to cause an inconvenience or danger to persons
and unsightly newsracks, constitute public nuisances.
(3) It is a matter of public necessity that the City of Sanford protect children
and unconsenting adults in and on its public streets, sidewalks,
transportation facilities and other public rights-of-way and private property
from viewing public displays of offensive sexual material. Such displays
are thrust indiscriminately upon unwilling audiences of adults and children
and constitute assaults upon individual privacy.
(4) These factors constitute an unreasonable interference with and obstruction
of the use of public rights-of-way and private property, constitute an
unwarranted invasion of individual privacy, are injurious to health,
offensive to the senses, and constitute such an obstruction of the free use
of property as to interfere in the comfortable enjoyment of life and
property by the entire commtmity.
(5) The City Commission recognizes, however, that the use of public rights-
of-way is so historically associated with the sale and distribution of
newspapers and publications that access to those areas for such purposes
should not be absolutely denied. The City Commission further finds that
these strong and competing interests require a reasonable accommodation
which can only be satisfactorily achieved through the means of this article
which is designed to accommodate such interests regulating the time,
place and manner of using such newsracks.
(b) Propose. The provisions and prohibitions hereinafter contained and enacted are in
pursuance of and for the purpose of securing and promoting the public health, morale, and
general welfare of persons in the City of Sanford in their use of public rights-of-way and private
property through the regulation of placement, appearance, number, size, and servicing of
newsracks in the City of Sanford so as to:
(1) Provide for pedestrian and driving safety and convenience;
(2) Ensure no unreasonable interference with the flow of pedestrian or
vehicular traffic, including ingress to, or egress from, any place of
business or from the street to the sidewalk;
(3) Provide reasonable access for the use and maintenance of sidewalks, poles,
posts, traffic signs and signals, hydrants, mailboxes, and similar
appurtenances, and access to locations used for public transportation
purposes;
(4) Reduce visual blight in the City of Sanford, protect the aesthetics and
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value of surrounding properties, and protect the quiet of residential areas;
(5) Reduce exposure of the City to personal injury or property damage claims
and litigation; and
(6) Protect the right to distribute information protected by the United States
and Florida Constitutions through use of newsracks.
(c) Preservation of constitutional rights. It is not the intent of this article to in any
way discriminate against, regulate, or interfere with the publication, cimulation,
distribution, or dissemination of any printed material that is constitutionally
protected.
See. 3. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where all the context clearly indicates a
different meaning:
Block means one (1) side of a street between two (2) consecutive intersecting streets.
Commercial handbill means any pamphlet, circular, brochure, handbill or other document
used solely to express the economic interests of the speaker or publisher or of the audience to
whom the material is directed.
Distributor means the person responsible for placing and maintaining a newsrack in a
public right-of-way.
Downtown Historic Area means the area depicted in Exhibit "A".
City of Sanford means all public and private property within the corporate boundaries of
the City of Sanford.
Newsrack means any type of manned device, whether a self service or coin-operated
box, container, storage unit or other dispenser, installed, used or maintained for the display, sale,
or vending of or free distribution of newspapers or news periodicals or commercial handbills.
Obscene means material which depicts or describes sexual conduct that is objectionable
or offensive to accepted standards of decency which the average person, applying contemporary
community standards would find, taken as a whole, appeals to prurient interests; or material
which depicts or describes, in a patently offensive way, sexual conduct specifically defined by
applicable State law, and taken as a whole, lacks serious literary, artistic, political, or scientific
value.
Parkway means the area between the sidewalk and the curb of any street and, where there
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is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto.
Parkway shall also include any area within a roadway that is not open to vehicular travel.
Person means any person or persons, or entity including, but not limited to, a corporation,
partnership, unincorporated association or joint venture.
Pictorial material means any material suggesting or conveying a visual image and
includes but is not limited to a photograph, painting or drawing. Any pictorial material is
"obscene" if all of the following apply:
(1) The average person, applying contemporary commtmity standards, would find
that it appeals to prudent interests when the publication or material is considered
as a whole; and
(2) It depicts, describes or represents in a patently offensive manner, sexual behavior
as defined herein; and
(3) It lacks serious literary, artistic, political or scientific value when the publication
or material is considered as a whole.
Private Property means all lands within the corporate boundaries of the City of Sanford,
real property under private ownership as evidenced by an instrument or instruments of
conveyance lawfully recorded in the Office of the County Clerk, including, but not limited to
units of land, tracts, subdivisions, parcels and non-conforming parcels which are vacant,
occupied by, or to be occupied by, principle building(s) and accessory buildings, and including
the open space, yards and buffer strips required by the Sanford Land Development Regulations.
Public Property means all lands within the corporate boundaries of the City of Sanford,
real property under public ownership as evidenced by an instntment or instruments of
conveyance lawfully recorded in the Office of the County Clerk, including, but not limited to
property owned by the City of Sanford, Seminole County, State of Florida, Federal Government
or any other public agency or organization.
Right-of-Way means all land within the corporate boundaries of the City of Sanford in
which the City, Seminole County or State of Florida has title to, or right of use, for the road and
its structures and appurtenances including sidewalks, parkways and landscaped areas.
Roadway means that portion of a street improved, designed or ordinarily used for
vehicular travel.
Rural Roadway Section means any roadway which is generally not constructed with a
closed drainage system consisting of a raised curb and gutter. Rural Road Section generally
provides for an open drainage system, no raised curb or gutter and roadside grassed swales
adjacent to the roadway.
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Sidewalk means any surface provided for the use of pedestrians.
Urban Roadway Section means a roadway constructed with a closed drainage system
consisting of a raised curb and gutter and generally includes sidewalks within the right-of-way.
Sec. 4. Violations.
(a) Upon determination by the City that a newsrack has been installed, used or
maintained in violation of this article, a notice to correct the offending condition shall be issued
to the distributor of the newsrack. Such notice shall be affixed to the newsrack and a copy
thereof shall be mailed by certified mail, return receipt requested to the distributor at the address
noted on the newsrack. The notice shall specifically describe the offending condition, suggest
actions necessary to correct fhe condition and inform the distributor of the right to appeal.
(b) Failure to properly correct the offending condition with'm seven days (excluding
Saturdays, Sundays and legal holidays) after the mailing date of the notice or to appeal the notice
of violation within three days after its receipt shall result in the offending newsrack being
summarily removed and processed as abandoned property.
(c) If the offending newsrack is not properly identified as to owner under provisions
of this article, it shall be removed immediately and processed as abandoned property.
(d) An impound fee, which shall be measured by the City's cost and expense of
impounding, shall be assessed against each newsrack summarily removed. The City shall cause
inspection to be made of the corrected condition of a newsrack reinstailed after removal under
this section. The distributor of the newsrack shall be charged an inspection fee in the amount
established by the City for each newsrack so inspected, which charge shall be in addition to all
other fees and charges required under this article.
Sec. 5. Grievances and appeals.
Any person aggrieved by a finding, determination, notice, order or action taken under the
provisions of this article may appeal and shall be apprised of his right to appeal to the City
Commission. An appeal must be perfected within three days after receipt of notice of any
protested decision or action by filing with the office of the City Clerk a letter of appeal briefly
stating therein the basis for such appeal. A hearing shall be held on a date no more than 21 days
after receipt of the letter of appeal. The appellant shall be given at least five days' notice of the
time and place of the heating. The City Commission shall give the appellant and any other
interested party a reasonable opporttmity to be heard in order to show cause why the
determination of the administrative official should not be upheld. In all such cases, the burden of
proof shall be upon the appellant to show there was no substantial evidence to support the action
taken by the City.
Sec. 6. Abandonment.
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Ifa newsrack remains empty for a period of 30 continuous days, the newsrack shall be
deemed abandoned and may be treated in the manner as provided in Section 4 for newsracks in
violation of this article.
Sec. 7. Removal of attachments and restoration to legal condition.
If there is a violation of this article relative to restrictions upon attachments of a newsrack
to property other than that owned by the owner of the newsrack, to a fixed object or to each other
for which a notice pursuant to Section 4 has been issued, any duly authorized city employee may,
as an alternative to removal under Section 4, remove such attachment and remove such rack in
order to restore it to a legal condition.
Section 8. Interference with public safety, utilities, governmental use or traffic prohibited.
(a) No person shall install, use, or maintain any newsrack which projects onto, into,
or which rests, wholly or in part, upon the roadway of any public street.
(b) No person shall install, use, or maintain any newsrack which in whole or in part
rests upon, in, or over any public or private property:
(1) when such installation, use or maintenance endangers the safety of persons
or property;
(2) when such site or location is used for public utility purposes, public
transportation purposes, or other governmental use;
(3) when such newsrack unreasonably interferes with or impedes the flow of
pedestrian or vehicular traffic, including parked or stopped vehicles; the
ingress in or egress from any residence or place of business; the use of
poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects
permitted at or near said location;
(4) when such newsrack interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery; or
(5) in any manner inconsistent with or in violation of the provisions of this
article.
Sec. 9. Standards.
Any newsrack within the City of Sanford as hereindefined shall comply with the
following standards:
(1) No newsrack shall be used for advertising signs or publicity proposes other than
that dealing with the display, sale or purchase of the newspaper, news periodical
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or commercial handbill sold or distributed therein.
(2) Each coin-operated newsrack shall be equipped with a coin-return mechanism to
permit a person using the machine to secure an immediate refund if he is unable to
receive the paid for publication. The coin-return mechanism shall be maintained
in good working order.
(3) Each newsrack shall have affixed to it, in a readily visible place to be seen by
anyone using the newsrack, a notice setting forth the name and address of the
distributor and the telephone number of a working telephone service to call to
report a malfunction or to secure a refund if a malfunction of the coin-return
mechanism occurs or to give the notices provided for in this article.
(4) 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 this
subsection, each newsrack shall be serviced and maintained so that:
a. It is reasonably flee of dirt and grease.
b. It is reasonably flee of chipped, faded, peeling and cracked paint in the
visible painted areas thereof.
c. It is reasonably free to rust and con'osion in the visible unpainted metal
areas thereon.
d. The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and masonably free of
cracks, dents, blemishes and discoloration.
e. The paper or cardboard parts or inserts thereof are reasonably flee of tears,
peeling or fading.
f. The structural parts thereof are not broken or unduly misshapen.
Sec. 10. Location in City of Sanford in General.
Any newsrack within the City of Sanford as hereindefined shall be located in accordance
with the following:
(1) No newsrack shall be used or maintained which projects 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.
(2) Newsracks shall be placed on a level surface or grade only and be maintained so
as to be perpendicular to such level surface or grade.
(3) No newsrack shall be bolted or otherwise attached to any property or fixture not
owned by the owner of the newsrack, except to other newsracks, without first
having obtained the consent of the owner of said property or fixture.
(4) There shall be no more than six freestanding newsracks at any location. For
multiple tenant buildings and developments, the placement of one newsrack or
grouping of up to three newsracks must be spaced at least 50 feet apart and the
placement of clusters of four to six newsracks must be spaced at least 100 feet
apart.
(5) Newsracks placed adjacent to the wall of a building shall be placed parallel to
such wall and not more than six inches from the wall.
(6) No newsrack shall be placed, installed, used or maintained:
a. Within three feet of any marked crosswalk.
b. Within four feet of the curb return of any unmarked crosswalk.
c. Within five feet of any fire hydrant, fire call box, police call box, or other
emergency facility.
d. On any portion of a sidewalk of which the curb is painted yellow or red,
indicating that the painted area is a designated fire lane, safety zone or
loading zone.
e. Within five feet of any driveway.
f. Within three feet ahead of and three feet to the rear of any sign marking a
designated bus stop.
g. At any location whereby the clear space for the passageway of pedestrians
is reduced to less than 4 feet.
h. On any public area improved with lawn, flowers, shrubs, trees or other
landscaping, or within three feet of any display 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.
i. In any location within the confines of any City owned park or on any
sidewalks abutting or adjacent to such lands.
j. On any access ramp for disabled persons.
k. Within any required landscaped or buffer areas.
1. Within any required parking and/or vehicular circulation areas.
m. Within any required building setbacks.
Sec. I 0. 1 . Location in all City of Sanford Rights-of-Way.
Newsracks located within the City of Sanford Rights-of-Way as herein defined shall
comply with the following additional standards:
(1) Newsracks may be attached to one another; however, no more than three
newsracks may be joined together in this manner. There shall be no more
than two such groups of racks or no more than six freestanding newsracks
at any location. The placement of one newsrack or grouping of up to three
newsracks must be spaced at least 125 feet apart on the same block. The
placement of clusters of four to six newsracks must be spaced at least 250
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feet apart on the same block.
(2) No newsrack shall be used or maintained within ten (10) feet from the
edge of pavement or roadway on any Rural Roadway Section, which is
characterized by an open drainage system, roadside swales without a
raised curb or gutter, to provide a "clear zone."
(3) No newsrack shall be used or maintained within one (1) foot from the edge
of the curb on any Urban Roadway Section, which is characterized by a
closed drainage system consisting of a curb and gutter and generally
provides for sidewalks. Newsracks placed near the curb shall be oriented
to face away from the street or roadway. Newsracks placed near the outer
edge of a sidewalk, furthest from the edge of curb or roadway, may be
oriented to face the street or roadway.
(4) In determiinng which newsracks shall be permitted to be located or to
remain if already in place, the City shall be guided solely be the following
criteria:
(a) First priority shall be daily publications published five (5) or more
days per week.
(b) Second priority shall be publications published two (2) to four (4)
days per week.
(c) Third priority shall be publications published one (1) day per week.
Sec. 10.2. Location in the Historic Downtown Area.
Newsracks located in the Historic Downtown Area as hereindefined shall comply with
the following additional standards applicable to all public rights-of-way, public property
and private property in the Historic Downtown Area:
(1) All newsracks shall conform to the standards and specifications of those
units referred to in the newspaper trade as the "Sho Rack Model TK 80 or
K 80" or equivalent.
(2) All newsracks shall be a uniform color of black.
(3) Newsracks placed adjacent to the wall of a building shall be placed
parallel to such wall and not more than six inches from the wall.
Sec. 11. Display of certain matter prohibited.
Publications offered for sale or for free from newsracks placed or maintained
in the City of Sanford shall not be displayed or exhibited in a manner which exposes to public
view any of the following:
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(a) Any publication or material which exposes to public view any pictorial
material that is obscene;
(b) Any statements or words describing explicit sexual acts, sexual organs, or
excrement where such statements or words have as their purpose or effect sexual arousal,
gratification, or affront;
(c) Any picture or illustration of a person's genitals, pubic hair, perinemn,
anus, or anal region where such picture or illustration has as its purpose or effect sexual
arousal, gratification or affront;
(d) Any picture or illustration depicting explicit sexual acts where such
picture or illustration has as its purpose or effect sexual arousal,
gratification, or affront;
(e) Any pictorial material which depicts material defined as harmful to minors
in Section 847.012, Florida Statutes, and which is subject to the display regulations in
Section 847.0125, Florida Statutes.
Sees. 12. Reserved.
DIVISION 2. PERMIT
See. 13. Required.
It shall be unlawful for any person to erect, place, maintain or operate, in the City
of Sanford, any newsrack without having first obtained a permit from the City specifying
the exact location of such newsrack. One permit may be issued to include any number of
newsracks, shall be signed by the applicant and shall meet the requirements set forth in
this article.
See. 14. Application
(a) Application for a newsrack permit shall be made, in writing, to the City
upon such form as shall be provided by the City and shall contain the name and address
of the applicant, the proposed specific location of the newsrack and shall be signed by the
applicant.
(b) From the above application information the City shall approve the
locations. The City shall be guided therein solely by the standards and criteria set forth in
this article. In any case where the City disapproves of a particular location, such
disapproval shall be without prejudice to the registrant designating a different location or
locations.
See. 15. Conditions for issuance; fees; duration.
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(a) As an express condition of the acceptance of such newsrack permit, the
permittee thereby agrees to indemnify and save harmless the City, its officers and
employees against loss, liability or damages, including expenses and costs for bodily or
personal injury, and for property damages sustained by any person as a result of the
installation, use or maintenance of a newsrack within the City of Sanford.
(b) Permits shall be issued for the installation of a newsrack without prior
inspection of the location, but such newsrack and the installation, use or maintenance
thereof shall be conditioned upon observance of the provisions of this article and by such
reasonable roles and regulations as may be established by City staff. Permits shall be
issued on a first come, first served basis within 48 hours (excluding Saturday, Sunday and
legal holidays) after the application has been filed. An annual permit fee in the amount
established by the City Commission shall be required. Such fee shall be in the form of the
Occupational License fee for newsstands as set forth in the City Code. (Editor's note:
City Code Article 16-12 NEWS STAND, Not in conjunction with other licensed business.
$30.00)
(c) Such permit shall be valid for one year and shall be renewable pursuant to
the procedure for original applications referred to in this section and upon
payment of the required permit fee.
Sec. 16. Newsrack identification.
Every person who places or maintains a newsrack in the City of Sanford shall have his
permit number, name, address, and telephone number affixed to the newsrack in a place where
such information may be easily seen. Prior to the designation of location by the City, the
registrant shall present evidence of compliance with this section.
See. 17. Suspension or revocation.
In addition to the enforcement procedures provided in this article, the City may suspend
or revoke the newsrack permit for continued or repeated violations or infractions of any
provision of any provision of this article or of any rule, direction or regulation of the director of
code enfomement. Such revocation shall apply only to the offending newsrack and not to any
other permitted and nonoffending newsrack. Suspension or revocation shall be mandatory for
the third offense against this article.
Sec. 18. Codification. It is the intention of the City Commission of the City that the provisions of
this ordinance shall become and be made a part of the Code of Ordinances of the City; and that
sections of this ordinance may be numbered or renumbered or lettered or relettered and the word
"ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
code is accomplished, section of this ordinance may be numbered or lettered or relettered and
typographical errors which do not affect the intent may be authorized by the City Manager,
without need of public hearing, by filing a corrected or recodified copy of same with the City
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Clerk.
Sec. 19. Severability. The various parts, sections and clauses of this ordinance are hereby
declared to be severable. If any part, sentence, paragraph, section or clause is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance
shall not be affected thereby.
Sec. 20. Repeater. Any ordinances or parts thereof in conflict with the provisions of this
Ordinance are hereby repealed to the extent of such conflict.
See. 21. Effective Date. This ordinance shall take effect on September 13, 1999.
Adopted at a regular meeting of the City Commission of the City of Sanford, Florida,
held at City Hall, Sanford, Florida on the 14th day of June, 1999.
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