Sec. 110-56. - Title and citation.

This article shall be known and may be cited as the "Collier County Newsrack Ordinance".

(Ord. No. 86-55, § 2; Ord. No. 93-12, § 2)

Sec. 110-57. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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.

Owner means the particular person who is responsible for installing and/or maintaining a newsrack.

Public property means parks, squares, plazas and any and all other real property owned by the county.

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.

Roadway means the portion of a street or highway, including shoulders, for the intended use of vehicles.

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.

(Ord. No. 86-55, § 3; Ord. No. 93-12, § 3)

Cross reference— Definitions generally, § 1-2.

Sec. 110-58. - Findings and purpose.

(a)

The Board of County Commissioners does hereby make the following findings:

(1)

This article is consistent with the public safety and welfare.

(2)

This article is adopted pursuant to the authority granted to counties by Fla. Const. art. VIII, § 1, F.S. ch. 125 and F.S. ch. 163, pt. II (F.S. § 163.3161 et seq.).

(3)

The 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 article, which is designed to accommodate such interests by regulating the placement and appearance of newsracks. It is not the intent of this article to in any way discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of any newspapers or other publications.

(4)

This article serves to establish a comprehensive set of regulations applicable to newsracks in the public right-of-way and on other county property. A goal of this article 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. More specifically, this article is designed to promote the public peace, morals, health, 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 against unreasonable interference with the use of public property for its intended purpose; and to protect against undue restriction of access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or locations used for transportation purposes; and to limit unnecessary exposure of the county to personal injury or property damage claims or suits; and public display of harmful or offensive matters.

(b)

This article is also enacted to:

(1)

Protect against hazards that can result from private construction in or the presence of newsracks in a public right-of-way;

(2)

Protect against inadequate servicing of or undue proliferation of newsracks resulting in visual blight;

(3)

Provide for pedestrian and driving safety and convenience;

(4)

Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business;

(5)

Provide reasonable access for the use and maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes; and

(6)

Treat all publications equally regardless of their content, circulation or frequency of publication.

(Ord. No. 86-55, § 1; Ord. No. 93-12, § 1)

Sec. 110-59. - 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, over or adjacent to any public right-of-way or other public property, when such 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 business, or the use of poles, posts, traffic signs or signals, 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 55 inches in height, 30 inches in width, or 20 inches in depth.

(2)

In instances where no sidewalks exist, newsracks shall be located approximately eight feet from the edge of the roadway where at least eight feet is available. 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.

(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 newsracks may be joined or placed together in this manner, and a space of no more than three inches shall separate each group of three newsracks so attached.

a.

No more than 12 newsracks and/or under/over newsracks (including modular newsracks) at any one location on a first come, first served basis shall be allowed. No newsrack in county right-of-way shall be closer than 1,320 feet from another newsrack on the same side of that right-of-way if the other newsrack displays the same newspaper or publication. The 1,320 feet is measured via the most direct route for vehicle and/or pedestrian travel along accessible public right-of-way.

b.

Exceptions may be granted by the development services administrator or other designee of the county administrator if the presence of any permanent physical barrier (canal, interstate highway, etc.) makes it impracticable for persons to walk or ride reasonably directly to a newsrack location from any point within 1,320 feet from that newsrack location.

c.

Exceptions may be granted from this 1,320 foot distance restriction upon a showing of special need. The development services administrator or other designee of the county administrator may grant an exception to the 1,320 foot separation that will not be contrary to the public interest when owing to special conditions a literal enforcement of the provision will result in unnecessary and undue restriction. In order to grant an exception from the terms of the distance separation provisions, the development services administrator or other designee must find:

1.

That special conditions and circumstances exist which are peculiar to the specific location involved whereby there is good reason to authorize a newsrack location at the site applied for;

2.

That a literal interpretation of the 1,320 foot separation would deprive the applicant and the public of an especially appropriate site for a newsrack location;

3.

That the exception granted is the minimum exception necessary to provide for the especially appropriate newsrack location; and

4.

That the granting of the exception will be in harmony with the general intent and purpose of this article and that such exception will not be injurious to the area involved or otherwise detrimental to the public welfare.

d.

In granting any exception, the development services administrator or other designee may prescribe appropriate safety related conditions and safeguards in conformity with this article or other specifically applicable county ordinances. Violation of such safety related conditions and safeguards, when made a part of the terms under which an exception is granted, shall be a violation of this article.

(5)

No newsrack, unless securely chained, bolted or otherwise securely attached to any property or permanently fixed object shall weigh in the aggregate less than 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. 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 feet of any marked or unmarked crosswalk.

b.

Within 25 feet of any hydrant, fire callbox or other emergency facility.

c.

Within ten feet of any driveway.

d.

At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet.

e.

Within 75 feet of the nearest edge of any intersecting roadway pavement, except as may otherwise be provided for in a written newsrack agreement. See section 110-61. Driveways and alleys are not intersecting roadway pavements.

f.

In or directly adjacent to the front yard of any single-family residence.

(8)

No newsrack shall be used for advertising signs 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)

Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.

(10)

Each newsrack must show new publication activity at least every 30 days.

(11)

Newsracks adjacent to or near public road rights-of-way must be located behind all applicable building setback lines:

a.

If the newsrack is being used by persons who are illegally stopping motor vehicles on the adjacent public road right-of-way; or

b.

Motorists drive motor vehicles onto road shoulders to use a newsrack and thereby cause physical damage to the edge of the road, to the road shoulder, or to other tangible government property.

(d)

Every person who places 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 name, 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 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 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, 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 located upon, in or over a public right-of-way or other public property.

(Ord. No. 86-55, § 4; Ord. No. 93-12, § 4)

Sec. 110-60. - Removal procedure.

(a)

The owner of a newsrack that violates any restriction in this article is granted 180 days from the effective date of the ordinance from which this article was derived to either cure the violation or remove or relocate the newsrack. After the 180-day grace period, any newsrack installed, used or maintained in violation of any provisions of this article may, after 14 days' written notice, mailed return receipt requested to the person designated pursuant to subsection 110-59(d), be removed and stored in any convenient place by the development services administrator or any person designated by the county administrator. Said notice shall give the owner the opportunity to first cure the violation, if curable, or to file a written request for a hearing before the code enforcement board in 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 14-day period, said request shall operate as a stay on the 14-day compliance or removal period until such time as the code enforcement board has held a hearing on the alleged violation and rendered a decision thereon. Any owner dissatisfied with the decision of the code enforcement board 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 and pay the expenses of removal and storage plus administrative expenses within 30 days after notice, except where an appeal of the decision of 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 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 development services administrator or any other person designated by the county administrator 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 fails to remove or relocate the newsrack following telephone notice of the emergency, the development services administrator or any person designated by the county administrator may summarily 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 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 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 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 decision of the code enforcement board at such hearing may appeal such decision to a court of competent jurisdiction.

(Ord. No. 86-55, § 5; Ord. No. 93-12, § 5)

Sec. 110-61. - Agreements for specific geographic areas.

If a specific geographic area is subject to a newsrack agreement among the county, one or more newsrack owners, and either:

(1)

A duly constituted homeowners' association (or citizens' association) officially recognized in a recorded plat relative to such area; or

(2)

A group comprised of the owners of more than 50 percent of the land in the area and who are also registered electors in the county;

no newsrack shall be allowed in any county right-of-way in such area except as specified in the newsrack agreement. Each qualified association or qualified group that desires a local newsrack agreement for its geographic area must apply for same to the development services administrator. There shall be no fee for any such application.

(Ord. No. 86-55, § 6; Ord. No. 93-12, § 6)

Sec. 110-62. - Conflict and severability.

(a)

In the event this article or any provision of this article conflicts with any other ordinance of the county clearly and expressly applicable to newsracks, the more restrictive ordinance or provision shall apply.

(b)

Should any section or provision of this article be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this article as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. No. 86-55, § 7; Ord. No. 93-12, § 7)

Secs. 110-63—110-70. - Reserved.