HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 4_8/30/1991 ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, REGULATING THE
INSTALLATION AND MAINTENANCE OF NEWSRACES;
PROVIDING FOR SEVERAaILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA AS FOLLOWS:
Section 1. Neweracks. "Neweracks" as used herein are
defined to be any vending machine or other structur"e•dispensing or
providing newspapers or other reading material.
Section 2. ;Prohibited on roadways and single family
districts zoned R-1A or R-1. No person shall install, use or
maintain any newarack 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 or within any
single family districts zoned R-lA or R-1 within the Village.
Section 3. Prohibited in certain cases on sidewalks,
parkways and right of ways. No person shall install, use or
maintain any newarack which in whole or in part rests upon, in or
over any sidewalk or parkway or right of way, 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 government use;
or when such nawsrack unreasonably interferes with or hinders the
flow of pedestrian or vehicular traffic, the ingress into or egress
from any residence, place of business or any legally parked or
stopped vehicle, or the use of poles, posts, traffic signs or
signals, hydrants, mailboxes or other objects permitted on or near
said location; or when such newarack interferes with the cleaning
of any sidewalk by the use of mechanical sidewalk cleaning
machinery or otherwise.
Section 4. Standards when located on sidewalks public
property, parkways or right of ways. Any newarack which in whole
or in part rests upon, in or over any sidewalk, public property,
parkway or right of way shall comply with the following standards:
(a) Notice shall be provided to the Village Department `
of Public Works in writing of the location of any
newarack by the owner of said newarack prior to its
installation.
(b) No newarack shall exceed four feet (4') in height,
two feet (2') in.width or two feet (2') in depth.
(o) Neweracks shall only be placed near a curb or
adjacent to the wall of the building. Newsracke
placed near the curb shall be placed no less than •
eighteen inches . (18') or more than twenty-four
inohes (24") from the edge of the curb. Neweracks
placed adjacent to the wall of the building shall
be placed parallel to such wall and not more than
six inches (6") from the wall. No newsracks shall
be placed or maintained on the sidewalk or parkway
opposite a newsstand or another newarack.
(d) All newsracks shell be maintained so that the
newsracks blend in with the aesthetics and
character of the Village and are painted with
neutral colors so that the newsracks do not detract
from the beauty of the Village.
(a) No newsraok shall be chained, bolted or otherwise
attached to any property not owned by the owner of
the nowrrack or to any permanently fixed object.
(f) Neweracks may be chained or otherwise attached to
one another; however, no more than three (3)
newsracks may be joined together in this manner,
and a space of no less than eighteen inches (18")
shall separate each group of three (3) newsracks so
attached.
(g) No newerack, or group of attached newsracks allowed
under subsection (e) hereof shall weigh in the
aggregate in excess of one hundred (100) pounds
when empty.
(h) No newsrack shall be placed, installed, used or
maintained:
(1) within five feet (5') of any marked
crosswalk,
(2) within fifteen feet (15') of the curb
return of any unmarked crosswalk,
(3) within three feet (3') of any fire
hydrant, fire call box, police call box or
other emergency facilities,
(4) within five feet (5') of any driveway,
(5) within five feet (5') ahead of and fifteen
feat (15') to the rear of any sign marked as a
designated bus stop,
(6) within five feet (5') of any bus bench,
(7) at any location whereby a clear space for
a passageway of pedestrians is reduced to less
than five feet (5') ,
(8) within five feet (5') of any area improved-
with lawn flowers, shrubs or trees or within
five feet (5') of any display window of any ,
building abutting the sidewalk, parkway or
right of way in such manner as to impede or
interfere with the reasonable use of such
window for display purposes.
(9) on a landscaped or grass right of way.
(i) Each newsrack shall be maintained in a clean and
neat condition and in good repair at all times.
(j) Newsracks which dispense only advertising material
shall be prohibited.
Potion 5. Information to be shown on rack. Every person
who places or maintains a newsrack within the Village shall have
his name, address and telephone number affixed thereto in a place
where such information may be easily seen.
Section 6. Violations. Any newsrack installed or
maintained in violation of these provisions shall, if the owner
fails or refuses to correct the violation within ten (10) days of
written notice of the violation, subject the owner of said newsrack
to the penalties provided for violation of this coda through the
code enforcement board. Nothing shall prohibit the department of
public works from removing anewsrack in violation of these
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provisions if the looation of the newsrack constitutes a danger to
the public health, safety or welfare.
Section 7. severability. If any provision of this
Ordinance or the application thereof is held , invalid, such
invalidity shall not affect the other provisions or applications of
this ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 8. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
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Section 9z Codification. This Ordinance 'shall be codified
and part a part of the Official Code of Ordinances of the Village
of Tequesta.
Section 10. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
, who moved its adoption. The Ordinance
was seconded by Councilmember and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1991.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Village Clerk
PAN\13153-01\Neworsck.Ord •
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