Ordinance 93-12 ORDINANCE NO. 93-12. ~..~ ~.3
~'. ORDINANCE ~a~ENDING ORDINANCE NO. 86-85, THE ,~..
9%% NEWSRACK ORDINANCE, AND THEREBY AMENDING !~:, .-
' STANDARDS FOR NEWSRACKS PLACED UPON ANY
COUNTY RIGHT-OF-WAY, ON OTHER COUNTY PROPERTY ~...
AND IN LIMITED RESPECTS.ON PRIVATE PROPERTY[ ,:~'
PROVIDING DEFINITIONS~ PROVIDING FOR CONTROLS
WITHIN CERTAIN GEOGRAPHIC AREAS BY WRITTEN
AGREEMENTS$ PROVIDING FOR CONFLICT AND '
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, in 1986 the Board of County Commissioners of
",Collier County enacted Ordinance No. 86-85 to regulate newsracks
!="inunincorporated Collier County~ and
= WHEREAS, growth in numbers of newspaper publishers and
newsrackm in the County rights-of-way has increased complaints by
Citizens and businesses about some of such installations, and
concorn therefor by the public with regard to the safety,
Convenience, and aesthetics thereoff and
~.... WHEREAS, it is in the public interest to amend Ordinance No.
'. S6-SS to modify ~the distances newsracks should be separated from
other specified fixed objects such as crosswalks, hydrants,
7'driveways, intersecting roads, mtc$ and
WHEREAS, it is in the public interest to limit the total
number of newsracks that may be located at any specific newsrack
location in any Collier County road right-of-way; and
WHEREAS, it is in the public interest to limit the physical
distance that one road right-of-way newsrack can be located in
.relation to another County road right-of-way newsrack on the.same
]f~]~. side of that County road right-of-way; and
WHEREAS, the competing interests of the public and of
:publishers require a reasonable accommodation which can only be
achieved by regulating the location, appearance
and other aspects of specified newsracks and newsrack locations.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance 86-85 is
hereby 'amended a~ follows:
FINDINGS AND PURPOS~
.4~a~The Board of County Commissioners of Collier County. Florida
Page i of 11
~are added~ words e%~eek-4~ are deleted.
This Ordinance is consistent With the public safety and
~l~s Ordinance is adopted uursuant to the authority crant~a
L933atitution. Chapter 123. Florida StatuteS. and bv Chapter 163.
,Pert II. Florida Statutes,
2%he strong and competing interests of the public and of
newspapers requires a reasonable accommodation which can only be
satisfactorily achieved through the means of this Ordinance~
.which is designed to accommodate such interests by regulating the
placement and appearance of newsracks. It is not the intent of
Ordinance to in any way discriminate against, regulate or
interfere with the publication, circulation, distribution or
i'='dissemination of any newspapers or other Publications
;~i= ~"~,.= l~xr~=== =f t 2his Ordinance ~eserves to establish a
set of regulations applicable to newsracks in the
right-of-way and on other County property.
Agoal of this Ordinance is to advance and improve safety and
fileesthetics by controlling the size, construction, placement and
app,marance of newsracks without restricting the free dispersal of
.~knformation guaranteed by the Constitutions of the United States
and the State of Florida. More specifically, thc purpczc of this
is desianed to promote the public peace, morals,
, safety and general welfare by regulating the placement,
· appearance, and servicing of newsracks to protect against the
"~='dangers of impairing or distracting the vision of motorists and
'pedestrians; also to protect aqainst th= h=z=rd= =f
i~,~F~~unreasonable interference with the use of public
property for its intended purpose; and to protect a~ainst undue
.r~iEtr.iction of access to the use ~f poles, posts, traffic signs
ilor signals, hydrantS, mailboxes, or locations used for
~0rtation purposes; un=ig.htly =tructu=:=; ~~
P~ge 2 of 11
words underliqed are added; w.ordse~~ are deleted.
~j:u~jra~,_ll=l~ unnecessary
exl~om~re of the County to psrsonal injury or property damage
~'claims or suits; and public display of harmful or offensive
_This Ordinance is, ~lso enacted to~
/3~ protect a~ainst hazards that can result from
~rivate construction in or the presence of
newsracks in s pUbliC riQht-of-waVt and
[21 protect aaainst inadequate serviCina of Or undue
~roliferation of newsracks resultins in visual
bliaht= and
[31 ~rovide for pedestrian and dr~vin~ safety and
conveniences an~
[4~ restrict unreasonable interference with the flow
of pedestrian or vehicular traffic includina
ingress into or e~ress from any residence or place
of business= and
[51 ~~ble access for the use and
maintenance of Doles. DOSES- traffic sians or
§ionale. hydrants. ~ailboxes and access to
locations ~sed for public transportation DUTDOSeS:
~6l ~a~hgjkl_~ications ec~allv reQardless of their
' content. circulation or frequency of publication.
.~. TITLE AND CITATION.
This Ordinance shall be known and may be cited as the
"_Collier County Newsrack Ordinance."
~F~Z~E~ DEFINITIONS
For purposes of this Ordinance, the following words sha~l
the meanings given herein|
"(a) -Newsrack" means any self-service or coin-operated box,
container, storage unit or other dispenser installed,
used or maintained for the display and sale of
newspapers, periodicals or other publications.
(b)' .Owner" means the particular person who is responsible
for installing and/or maintaining a newsrack.
(c) -Person"'means any individual, company, corporation,
association, business or other legal entity.
(d) "Public property" means parks, squares, plazas and any
~nd all other real property owned by Collier County.
age. of ll
~!:;~'ords ~~era added; words et~m~ek-jehee~ are deleted-
(e) "Public Right-of-way" means~ land dedicated
or deeded to the public and accepted by the Board of
County Commissioners, occupied or intended to be
occupied by a street, driveway/access, crosswalk,
railroad, electric transmission line. oil or gas
pipeline, storm drainage way, water main, sanitary or
storm sewer main, sidewalk/bicycle path or for similar
special use.
.-:[.~. (f) "Roadway" means the portion of a street or highway,
including shoulders, for the intended use of vehicles.
(g) "Street" means all that area dedicated to public use
for public street purposes and includes, but is not
limited to, roadways, parkways, alleys, medians and
sidewalks.
FOUR. STANDARDS AND REQUIREMENTS
A. No person shall install, use or maintain any newsrack
[whlch projects onto, into, or over any part of the roadway of any
street, or which rests, wh011y or in part, upon, along or
any portion of a roadway.
B. No person shall install, use or maintain any newsrack
-which in whole or in part rests upon, in~e~ over ~
.~i any public right-of-way or other public property, when such
,j~:.in~tallation, use or maintenance endangers the safety of persons
~":;j or property, or when such site or location is used for public
Utility purposes, public transportation purposes or other
governmental use, or when such newsrack unreasonably interferes
wil~ or impedes the flow of pedestrian'or vehicular traffic
':h.~including any legally marked or stopped vehicle, the ingress into
'~, or egress from any residence, place of business, or the use of
~....
poles, posts, traffic signs or signals, hydrants, mailboxes, or
'>! other objects permitted at or near said location.
'Y.'." -, C. Any newsrack which in whole or in part rests upon, in
.-i..U0r over any public right-of-way Or other public property, shall
::.'~'comply with the following standards|
~.-..
.;".'-~ 1. No newsrack, excluding any pedestal, shall exceed
Page 4 of 11
~are addedy words e~e~~h are deleted.
= fifty--f~ee five ..... 1551 inches in height, ~
"~:<~a~ thi~v taQ} inches in width, or ~
' e-.=/~ inches In depth.
%~= ~':iI =f = ~uil~i~v In instances where no sidewalks
' .exist, newsracks shall be located approximmtely eight (8)
]]:f,='~=/' feet from ~e edge of the roadway where at least eight (S)
~?~,"~=' feet is available. Newsracks placed adjacent to the wall of
a building shall be placed parallel to such wall and not
"?' more ~an six (6) inches from the wa11~ cx==~t If th=r=
3. ~o nevs=ac~ s~all ~e chained, ~olted o=
~ L'~:~:~'~-attached to any property or to any pe~anently fixed obJec~
"not o~ed by ~e o~eT of the newsrack, unless ~e consent
of: ~e o~'ne= or lessee of such property or object Is
' 4.~ Newsracks may be placed, chained or othe~ise
;,;"=. ;attached to one ano~e=~ however, no more than three (3)
,.'~ newsracks ma~ be Joined or placed toge~er in this manner,
...: and a space of no Icze mot9 ~an ~ three
;"' ~nches shall separate each group of three (3) newsracks so
~.:. =:' a~tached.
,,:, ~sracks (includinQ modular news~acksl at any one location
~ a [~rst co~e. first served bas'~s shall be allowed.
. ]~ netsrack ~n County riQht-o[-wav shall be closer than
h330 [eet [rom another newsrack'on the same side of that
>"" ~.i~ht-of-wav if the other newsrack disPlaYs the
.. ~wsDaDer or Publication. The 1.320 feet is measured Via
:~7' the most direct route for vehicle and/or pedestrian travel
alon~ accessible Public right-of-way.
.~.
(c1. ~ceDtions may be ~ranted by the DeveloDmen~
~ ~ices Administrator or other desi~nee of the County
"" 05
.. Page 5 of 11
ds.pnde=l~ned are added~ woras ~~ are deleted,
Monacar if the Presence of any Dez~anent ~hvsical barrier
. .
:'~canal, interstate hiohwav. etc.) makes it imoracticable
~ar~ons to walk or r~de reasonably directly to a newsrack
location from any uO].nt within 1.320 feet from that newsrack
location.
'fd) Exceptions may be' aranted from t~is 1.320 foot
~istance restriction UDOn a shQwina of salEM. The
fievelomment Services Administrator cr other desianee of the
~cuntv ManeseT may cTant an exception to the 1.320 foot
=~a~ration that will not be contrary ~o the Public interest
when owina to special conditions a literal enforcement of
the provision will result in unnecessary and undu~
lg~riction. In order to arant an exce~ion from the ter~
~f the the distance ~eDaration provisions the Development
Se~ices Administrator or other desires must find:
fl) That ~Decial conditions and circumstances
exist which are De~liaT to the SDeCiftC location
~nvolved whereby there'is ~ood reason to authorize a
newsrack location at the site aPPlied
(2) ~at a l~teTal tnterDTetat~on o[ the 1.320
foot seoarat~on would deprive the auul~cant and th~
Public of an esPeciallY a~DroDriate site for a newsr~ck
10cation:
[3) That the exception aranted is the minimum
~ceDtion necessa~ to provide for the especially
appropriate newsrack locationr and
f4) That the arantinQ of the exception will be
hamonv with the ~eneral intent and DU~OSe Of this
Ordinance and that such exception will not be in~urious
to the area involved or othe~lse detrimental to the
Public welfare.
(e) In arantina any exception. the DeveloDmen~
f~ices ~dmiqistratolr or other desianee may Prescribe
~)DroOriate safety related conditions and safeauards in
~onfomitv with this OrdinanCe or other specifically
~dsX~are added~ words =truck thr==gh are deleted.
· = it~mlicable County Ordinances. Violation of such safety
';~" ~:elated conditions and safesuetS2. when made a Dart of the
.:.
'~', .~;erms under which the an exception is aranted. shall be a
yiolation of this Ordinance.
~ 5. No newsrack, unless securely chained, bolted or
':' otherwigs securely attached to any property or permanently
fixed obJect~ =r ~r=u~ =f =t~=Gk=~ n=~:rnzk= =II=~=~ Un~CT
'~. m:~:=;t!=n ........ thi= =::ti:n, shall weigh in the
aggregate less than one hundred twenty-five (125) pounds when
..empty.
6. Every newsrack shall be installed level and pl,,mh.
Every newsrack on a single pedestal or a multiple post, shall
be securely bolted to a level, concrete base set in the
ground. Each newsrack shall be constructed, installed and
maintained in a safe and secure condition.
7. No newsrack shall be installed, used or maintained:
(a) Within ~ ten fl0~ feet of any marked or
unmarked crosswalk;
,,, (b) Within 4~ twenty-five fl~) feet of any
hydrant, fire callbox or other emergency facility;
(c) Wlthin~4~ ten fl0~ feet of any driveway;
(d) At any location whereby the clear space for the
passageway of pedestrians is reduced to less than four
(4) feat;
e~.y ~uildln~ abuttlny the =idc'Jalk cr in =uch manner au
nearest edge of any intersectin~ roadway pavement. eXCept
as may otherwise be provided for in a written Newsrack
a_~reement. See Section Six herein. Driveways and alleV~
are not intersec%inu roadway pavements.
ff~ In or directIv adtacent to the front yard of
~? sinule family resid~n~e~
.!:j]. 8. No newsrack shall be used for advertising signs
07 ,age of
;![~ords ~ are added; words ~ are deleted.
other than to promote the newspaper, periodical or other
:'- publications contained therein~ and any such advertising sign
shall either be painted on the newsrack or enclosed in or made
of a waterproof material and kept free of tears, peeling or
fading.
'9°' ~a~h newsrack shall be maintained in a clean, neat
]and attractive condition and in good repair at all times.
Jab Each newsrack must show new publication activity at
least every thirty f30J days.
lJ~ ~ewsracks adjacent to Or near Dublie road
riaht-of-wav must be located behind all applicable bull.dine
set-back lines [a% if the newsrack is beina used by persons
who are i11eaallv StODDina motor vehicles on the adjacent
public road riaht-of-wav or fb% mc:~Vists drive motor vehicles
onto road shoulders to use a newsrack and thereby cause
physical damaae to the edae of the road. to the road shoulder.
or to other tanaible aovernment DroDertv.
D. Every person who places or maintains a newsrack upon, in or
over any public right-of-way or other public property shall perman-
""'ently affix to each newsrack the owner's name, address, and telephone
number in a piece where such information may be easily seen.
E. No person shall sell, offer for sale, or keep or maintain
any newspaper, periodical, or other publication in any newsrack on
:.any public right-of-way or other public property in such manner as to
,?~expose to the public view any photograph, cartoon or drawing, which
'~.i"displays nudity in a manner which predominantly appeals to the
'~."rprurient interest and taken as a whole', lacks serious literary,
artistic, political or scientific value.
~.,. F. The owner ~f each newsrack shall execute a document,
· approved ~s to form by the County Attorney, agreeing to defend,
indemnify and hold-harmless the County, its officers, employees and
agents from any claim, demand, or Judgment in favor of any person,
/arising out of the installation, use or maintenance of any newsrack
!!;.. - Page S of 11
Words underlined are added~ words e~ are deleted.
,,"
.coated upon, in or over a public right-of-way or other public
operty.
FIVE. REMOVAL PROCEDURE
· A. ~he owrler o[ a newsrack that violates any restriction in
?"this Ordinance is~aranted one hundred and eiahtv [180~ days [rom the
?'e[fective date'o[ this Ordinan~e to either c~=e the violation[s% oT
remove or relocate the news[atk Alter the 180-daV qTac~ Period. any
,~f 'newsrack installed, used or mnintained in violation of %~e any
~ provisions of this Ordinance may, after fourteen (14) days' written
!~/,. notice, mailed return receipt requested to the person designated
pursuant to subsection (D) of Section 3, be removed and stored in any
~..!Convenient place by the C=unt~ ~:zngzr Development Services
jii~A~Lt~ator or any person designated by some-the County Manaqer.
Said notice shall give the owner the opportunity to first cure the
violation, ~ or to file a written request for a hearing
reference to such alleged violation. A hearing so requested shall be
~granted as soon as practicable as a matter of right. If a written
!~.~ request'for a hearing is filed within the aforementioned fourteen
(14) day. period,. said request shall operate as a stay on the fourteen
(14) day compliance or removal period until such time as the ~
..... ~" C=--------i==i=n=r= Code En[orcement Board has held a hearing on the
] alleged violation and rendered a decision thereon. Any owner
~=' dissatisfied with the ~c=r~ =f COunty C=r~i==Izn=rG decision o[ the
Co~e Enforcement Board may appeal such decision to a court of
competent Jurisdiction. After remuval. of the newsracks, the owner
~ shall again be given written notice thereof. Upon failure of the
owner, following such notice, to claim the newsrack and pay the
expenses of removal and storage plus administrative expenses within
71f thirty days after notice, except where an appeal of the =c=rd =f
i!~.]?'.C=~nty C,=r~==Icn:r= decision o[ the Code Enforcement Board has been
filed, the newsrack shall be deemed unclaimed property in possession
of the County and may be disposed of pursuant to law.
B. In the event o~ an emergency, where the installation, use or
maintenance of any newsrack poses an imminent or immediate health or
~:;.words underlined are added~ words :~r'~c]: thr;~ugh are deleted.
safety hazard to pedestrians or vehicles, the
Development Services Administrator or any fi~ person designated by
eeme the County Meander shall, when feasible, give telephone notice
'I~!~o the newsrack owner of the nature of the emergency and afford the
:=.~.!owner the opportunity to remove or otherwise relocate the newsrack.
7 .[i ,re telep o.n., notice I, not feasibl, or where the owner fails to
:,~. remove or relocate the newsrack following telephone notice of the
' emergency, the 6e~ Development Services AdministratOr or
i;;,'.' any person designated by eeme the County Manecar may summarily and
tempora~ily remove or relocate such newsrack. Immediately following
ii]~:.:removal or relocation of any newsrack under these emergency
~: procedures, the owner shall be provided written notice of the action
:!'!~!' and the nature of the emergency necessitating such action. Upon
~,j':failure of the owner following such written notice, to claim the
i[i.]:~newsrack and pay the costs of removal or relocation and storage
wi~jain thirty (30) days after notice, the newsrack shall be deemed
unclaimed property in possession of the County and may be disposed of
pursuant to law. The owner of any newsrack may file a written
re. lest for a hearing before the ===T~ cf C==n~y C:r-----i==i=ncr= Code
Enforcement Board after an emergency removal or relocation to dispute
~' the determination of an emergency and/or the costs of removal or
:'
='!!!; relocation sought by the County, and in addition may claim and take
' pos~ession of the newsrack prior to the hearing. A hearing so
r~q%xested shall be granted as a matter of right. Any owner
~atisfied with the ~ee~ =f County C=r~i=zi=n=r= decision of the
'Code Enforcement Board at such hearing may appeal such decision to a
cc~t of competent Jurisdiction.
SECTIONS. SIX. AGREEMENTS FOR SPECIFIC GEOGRAPHIC AREAS
If a SDeCifiC ~eocrauhic area is then subject to a newsrac~
a~reement amonu the County. one or more newsrack owners. and either
~i~ fa~ a duly constituted Homeowners' Association for citize.2,
Association] officially recoanized in a recorded DIet relative tq
'such area or fbl a trend comnrised of the owners of more than fifty
~'!?','~501 percent of the land in the area and who are also registered
electors in C~llier County. no newsrack shall be allowed in any
.. 060- 10 Page of
words}aZZ~are added~ words =~r;ck ~ ..... ~ are deleted,
· l.'. aa~eement. Each Qualified association or aualified croun that
desireu~ a local newsrack aQreement for its QeoQraDhic area must aDDIV
~ ~or same to the Development Services Administator. There shall be no
{,.,,.
~ee ~ any such application.
~n the event this Ordinance or 8n~ provision o~ this Ordinan~6
j' conflicts with any other ordinance of Collier County clearly and
, e~rmX~lv aDDliCable to~ewsracks. the more restrictive ordinance o=
· :~ DrOv~on shall aDDIy~
.U
,~,= , 'Should any section or provision of this Ordinance be declared by
a court of Uompetent Jurisdiction .to be unc0nstitutional or invalid,
"' .-such decision shall not affect the validity of this Ordinance as a
· [:,~j~ whole, or any pa~ thereof other than the part so declared to be
.;<'~Constitutional or invalid.
~~ ~. EFFE~IVE DATE
~is Ordinance shall become effective upon receipt of notice
r>]. ~e Secreta~ of State.
';.r.. P~S~ ~ D~Y ~~ ~y ~e Board of County Co~issioner$ of
~lorida, this ~ day oral, 1993.
,, ~. BO~ OF CO~TY CO~ISSION~S
" .....
. SA~D~S, Chai~n
to ro~ and
T~ c:~cfir~t'~e flied with the
stantCounty Attorney .~~$ ~e', ~~
~,~ .'~..
:~-:
Page 11 of 11
.D~.words ~]erlined are added; words ~ are deleted.
OF FLORIDA. )'
court/0r COttIER )
· I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
~[~'~l~herebY certify that the foregoing is a true copy
..~
Ordinance No. 93-12
~i'which was adopted by the Board of .County Couissioners on
[/~he 3rd day o~ March, 1993, during Special Session.
· WITNESS my hand and the official seal of the Board of
Co~ty Commissioners of Collier County, Florida, this 9th
,~. day of March, 1993.
., ~ ' ~ .~ · ·
. · '~': .~?..' ..... .. ·
DWIGHT E BROCK '
Clerk of Courts and CI~" .. "'-'~-
Ex-off~cio to 'Board of
County Conissione. s :~
~R"..'
-~ · . ,
~"" B nyon ~'i~ ,~, ~ ~. ~ ~ ·