Ordinance 86-85 RECE!YEO Om~ZN~CE No..~- ~S
~% ~C 29 ~;~ ORDINANCE ESTABLISHING STANDARDS AND
REQUIREMENTS FOR NEWSRACKS WHICH ARE
J~'>.~ ' LOCATED EITHER IN WHOLE OR IN PART
'WITHIN THE PUBLIC RIGHTS-OF-WAY AND ON
C~tL~-~ :' OTHER PUBLIC PROPERTY; PROVIDING A
PURPOSE; PROVIDING FOR DEFINITIONS;
SETTING FORTH REMOVAL PROCEDURES; PRO-
VIDING FOR SEVER3%BILITY; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION I. PURPOSE
~ The Board of County Commiss~ .·.ers finds and determines that
the strong and competing int,.ests 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
this Ordinance to in any way discriminate against, regulate or
interfere with the publication, circulation, distribution or
· dissemination of any newspapers.
The purpose of this Ordinance is to establish a compre-
hensive set of regulations applicable to newsracks in the public
right-of-way and on other public property. The purpose of this
Ordinance is to advance and improve safety and aesthetics by
controlling the size, construction, placement and appearance of
newsracks without restricting the free dispersal of information
guaranteed by the Constitutions of the United States and the
State of Florida. More specifically, the purpose of this
Ordinance is to promote the public peace, moral~ health, safety
and'general welfare by regulating the placement, appearance, and
servicing of newsracks so as to protect against the dangers of
impairing or distracting the vision of motorists and pedestrians;
the hazards of unreasonably interfering with the use of public
property for its intended purpose; unduly restricting access'to
the use of poles, posts, traffic signs or signals, hydrants,
mailboxes or locations "used for transportation purposes;
unsightly structures; neglectful servicing of newsracks resulting
in visual blight on public property and detracting from the
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aesthetics of store window displays, adjacent landscaping and
other improvements; reduction in value of surrounding property;
unnecessary exposure of the County to personal injury or property
damage claims or suits; and public display of harmful or offen-
sive matters.
SECTION II. DEFINITIONS
For purposes of this Ordinance, the following words shall
have 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 ;he display and sale of news-
papers, periodicals or .Jther publications.
"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
and all other real property owned by Collier County.
(e) "Public Right-of-way" means a strip of 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 publi~ street purposes and includes, but is not
limited to, roadways, parkways, alleys, medians and
sidewalks.
SECTION III. STANDARDS AND REQUIREMENTS
A. No person shall install, use or maintain any newsrack
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 a roadway.
B. No person shall install, use or maintain any newsrack
which in whole or in part rests upon, in or over any public.
right-of-way or other public property, when suc;% installation,
use or maintenance endangers the safety of persons 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 with or
impedes the flow of pedestrian or vehicular traffic including any
legally marked or stopped vehicle, the ingress into or egress
from any residence, place of buJiness, or the use of poles,
posts, traffic signs or signal.., hydrants, mailboxes, or other
objects permitted at or near said location.
C. Any newsrack which in whole or in part rests upon, in or
over any public right-of-way or other public property, shall
comply with the following standards:
1.) No newsrack, excluding any pedestal, shall exceed
fifty-four (54) inches in height, twenty-seven (27) inches
in width, or eighteen (18) inches in depth.
2.) Newsracks shall only be placed next to and
opposite of the roadway side of a sidewalk or adjacent to
the wall of a building. In instances where no sidewalks
exist,~ newsracks shall b% located approximately eight
feet from the edge of the roadway where at least eight (8)
feet is available. Newsracks placed adjacent to the wall of
a building shall be placed parallel to such wall and not
more than six (6) inches from the wall, except if there is a
display window in such b~lding, the provisions of sub-
section (8) (f) of this section shall prevail.
3.) No newsrack shall be chained, bolted or otherwise
attached to any property or to any permanently fixed object
not owned by the owner of the newsrack, unless the consent
of the owner or lessee of such property or object is
obtained.
4.) Newsracks may be placed, chained or otherwise
attached to one another; however, no more than three (3)
newsracks may be joined or placed together in this manner,
and a space of no less than eighteen (18} inches shall
separate each group of three (3) newsracks so attached.
5.) No newsrack, unless securely chained, bolted or
otherwise securely attached to any property or permanently
fixed object, or group of attached newsracks allowed under
subsection (c) (4) of this s~ction, shall weigh in the aggre-
gate less than one hundred twenty-five (125) pounds when
empty.
6.) Every newsrack shall be installed level and
plumb. Every newsrack on a single pedestal or a multiple
post, shall be securely bolted to a level, concrete base set
in the ground. E~ch newsrack shall be constructed, instal-
led and maintained in a safe and secure condition.
7.) No newsrack shall be installed, used or maintained=
(a} Within three (3) feet of any marked or
unmarked crosswalk;
(b) Within three (3) feet of any fire hydrant,
fire callbox or other emergency facility;
(c) Within three (3} feet of any driveway;
(d) At any location whereby the clear space for
the passageway of pedestrians is reduced to less
than lout (4) feet;
(e) Within three (3) feet of any display window
of any building abutting the sidewalk or in such
manner as to im e or interfere with the rea-
sonable use of such window for display purposes.
8.) No ~ewsrack shall be used for advertising eigns
other than to ,promote the newspaper, periodical or other
publications contained therein; and any such advertising
sign shall either be painte~ on the newsrack or enclosed in
or made of a waterproof material and kept free of tears,
peeling or fading.
9.) Each newsrack shall be maintained in a clean,
neat and attractive condition and in good repair at all
times.
D. Every person who pla~'es or maintains a newsrack upon, in
or over any public right-of-way or other public property shall
permanently affix to each newsrack the owner*s namer address, and
telephone number in a place 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
newerack on any public right-of-way or other public property
in such manner as to expose to ~/~e public view any photograph,
cartoon or drawing, which displays nudity in a manner which
predominantly appeals to the prurient interest and taken as a
whole, lacks serious literary, artistic, political or scientific
value.
F. The owner of each newsrack shall execute a document,
approved as to form by the County Attorney, agreeing to defend,
indemn£fy 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 located upon, in or over a public right-of-way or
other public property.
SECTION IV. RF/~DVAL PROCEDURE
A. Any newsrack installed, used or maintained in violation
of the provisions of this Ordinance may, after fourteen (14)
days* written notice, mailed return receipt requested to the
person designated pursuant to ;~section (D} o~ Section 3, be
removed and stored in any convenient place by the County Manager
or any person designated by same. Said notice shall give the
owner the opportunity to first cure the violation or to file a
written request for a hearing before the Board of County
Commissioners in reference to such alleged violation. A hearing
so requested shall be granted 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 Board of County Commissioners has held a hearing on the
alleged violation and rendered a decision thereon. Any owner
dissatisfied with the Board of County Commissioners decision may
aPPeal such decision to a court of competent Jurisdiction. After
removal of the newsracks, the owner shall again be given written
notice thereof. Upon failure of the owner, following such
notice, to claim the newsrack ap~ pay the expenses of removal and
storage plus administrative eF~'.~nses within thirty days after
notice, except where an appeal of the Board of County Commis-
sioners decision 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 of an emergency, where the installation,
use or maintenance of any newsrack poses an imminent or immediate
health or safety hazard to pedestrians or vehicles, the County
Manager or any person designated by same shall, when feasible,
give telephone notice to the newsrack owner of the nature of the
emergency and afford the owner the opportunity to remove or
otherwise relocate the newsrack. Where telephone notice is not
feasible or where the owner ~ails to remove or relocate the
newsrack following telephone notice of the emergency, the County
Manager or any person designated by same may sunvuarily and
temporarily remove or relocate such newsrack. Immediately
following 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 failure of the owner following such written notice,
to claim the newsrack and pay the costs of removal or relocation
and storage within 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 request for a hearing before the
Board of County Commissioners 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 possession of the newsrack prior to
the hearing. A hearing so requested shall be granted as a matter
of right. Any owner dissatisfied with the Board of County
Commissioners decision at such hearing may appeal such decision
to a court of competent Jurisdiction.
SECTION V. SEVERABILITY
Should any section or provision of this Ordinance be
declared by a court of competel.t Jurisdiction to be unconsti-
tutional or invalid, such decisLon shall not affect the validity
of this Ordinance as a whole, or any part thereof other than the
part so declare~ to be unconstitutional or invalid.
SECTION VI. EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this
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legal sufficiency=
Assistant County Attorney
day of ~ , 1986.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of
ORDINANCE NO. 86-85
that was adopted by the Board o~ County Commissioners during
Regular Session on the 9th day of December, 1986.
WITNESS my hand and the official seal of the Board of County
Commissioners .of Collier County, Florida, this 9th day of
December, 1986.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to the Boal
County Commissioner.s."
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