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Presented By
Referred To
Council FiZe # QQ � �SQ
Ordinance #
Committee Date :
A legislative ordinance
to regulate newsracks that aze located
within public rights of way.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
�3
Section 1
Saint Paul Legislative Code Chapter 128 is hereby repealed.
Section 2
A new Chapter 131 is hereby enacted as part of the 5aint Paul Legislative Code to read as
follows:
CHAPTER 131 NEWSRACKS
Sec.131.10. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this section, except where the context ciearly indicates a different meaning:
"Director" means the Director of the {Department of Public Works} {8€€e� - `�i��
f the City of St. Paul, or his or her designee.
°Heritage Preservation DistricP' means any areas, places, or districts which have been duly
designated and listed as heritage preservation districts pursuant to St. Paul Legislative Code
Chapter 74.
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1 "Implementation Period" means the 180-day period of time elapsing after passage, approval and
2 publicafion of this Chapter, but before the effective date of tlus Chapter, and during which time
3 the Duector shall prepaze and execute a plan to implement this Chapter.
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'7nstall" or "instaZled" means to place, affi�c, erect, constnict, operate or maintain a Newsrack.
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7 "Newsrack" means any type of unmanned device for the vending or free distriburion of
8 newspapers, news periodicals, advertising suppiements, advertising periodicals, political
9 periodicals, and similar publicarions.
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"Newsrack Corral" or "Corral"means any three sided post and rail structure designed to group
I�iewsracks in stable clusters.
"Parkway" means those streets and avenues that are designated as pazkways and boulevazds
pursuant to St. Paul Legislative Code sections 145.02 and 145.03.
"Responszble Person"means an individual who is listed on
�iRnee a Master List of newsrack locafions �ursuant to section 131.40 and who, on behalf
of an Owner, may receive notice, respond to complaints, and be notified or contacted at any time
concerning a Newsrack.
"Owner" means any person which either holds an ownership interest in or operates a Newsrack
that it seeks to install or has installed in the Public Right of Way.
25 "Person" means any individual, person or entity, however organized, whether public ar private,
26 whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or
27 political. Examples include a business or coxnmercial enterprise organized as any type or
28 combination of corporarion, limited liability company, partnership, proprietorship, association,
29 cooperative,orjoint venture.
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31 "Right-of-way" or "Public right-of-way" means the area in, on or above a public roadway,
32 highway, street, cartway, boulevard, bicycle lane, sidewalk, parkway or alley which the City
33 owns or over which it has asa easement or interest, including other dedicated rights-of-way, for
34 public purposes.
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Sec. 131.20 Purpose and criteria.
The purpose of this Chapter is to promote the public health, safety and welfare through the
regulation of placement, type, appeazance and servicing of Newsracks on public rights-of-way so
as to:
(A) Provide for pedestrian and driving safety and convenience, and comply with local, state
or federal handicapped accessibility regulations.
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1 (B) Restrict unreasonable interference with the public use of the public right-of-way and with
2 the flow of pedestrian or vehiculaz traffic including ingress into or egress from any
3 residence or place of business, or from the street to the sidewalk by persons e�ting or
4 entering parked or standing velaicles.
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6 (C) Provide for the safety of people and property during periods of heavy snow, stotms, and
7 other adverse weather conditions, and for the proper funcfioning of the City's safety and
8 sanitation forces.
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10 (D) Provide reasonable access: (i) For the use and maintenance of poles, posts, traffic signs or
11 signals, hydrants, utility openings, delivery chutes, trash receptacles, bus or plaza
12 benches, United States postal service mailboxes, parking meters and other public fixhues;
13 and (ii) To locations used for public transportation purposes.
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(E) Relocate and/or replace Newsracks which result in a visual blight and/or excessive space
allocation on the public rights-of-way or which unreasonably detract from the aesthetics
of store window displays, adjacent landscaping and other improvements, both public and
private, as well as to remove abandoned Newsracks.
�)
(G)
(H)
(I)
(J)
Maintain and protect the values of surrounding properties, and protect and preserve
public property.
Reduce unnecessary exposure of the public to personal injury or property damage.
Treat all publications ec{ually regardless of their size, content, circulation, or frequency of
publication.
Maintain and preserve freedom of speech and freedom of the press.
Protect and enhance the City of St. Paul's attraction to residents, tourists and visitors, and
serve as a support and stimulus to business and industry, by enhancing the visual and
aesthetic character and interest of the City.
Sec. 131.30 Master List and Corresponding Sticker or
Statement required.
No person shall install a Newsrack on or in the public right of way without first �
submittine to the Director a Master List that contains the location
of each newsrack and the items described in section 131.40. and without first affixin tg o the
Newsrack a sticker or statement pursuant to section 131.90 (E) �__ _,. _ti ..r .__ ___,,,. :_ _,. ,__�,.__ _„
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Sec. 131.40 Submission of Master
List and other items.
(A) . Duties o
Director. The Director is responsible for fairly coordinating and administering the
physical placement of Newsracks ,
as provided
for in this Chaoter. for ensurine that the items described in ttus Chaapter aze roroerly
submitted. and for enforcint? this Ordivance.
,.r.t_ i.1,."'__'_t_ _ti_n ri„ __�.t ,.ti_
�ayye«.uccvisa. iii� uYYiia.cuiy wia� uausc ua. c¢rv �
Submissions. Before
anv Newsrack may be installed, and at least everv three (3) months thereafter, each
Newsrack Owner sha11 submit to the Director a Master List. as well as any fee, hold
harmless agreement, and certification required under this section. The Master List shall
s eci each �e�ese� Newsrack location in nuxnerical order and �v�ek shall contain the
following information and attachments:
(1) The name, address and telephone numbers of °"�rro�,r3 each Owner of the
Newsrack.
(2) The nazne, address and telephone number of a Responsible Person whom the City
may provide notice or contact at any time concetning the Newsrack(s), which
notice, if given, shall bind and be deemed actual notice to the Owner(s) of the
Newsrack.
(3) The s e_p cific location of each Newsrack
listed individuallv and numerically, including anv identifyin¢ information for the
location, such as a corresroondine street address and specific corner of an
intersection, where a�plicable.
, , , ,
(4) Information that allows the Director to easilv determine whether each Newsrack
location contained in the list is: (1) a new location (relative to the most recent
Master List submitted�(2) an existin�location (relative to the most recent Master
List submittedl, or (31 that a Newsrack location has been removed from the list.
(5)
(6)
>�
�'-- •°-- '- The fee, if any, as established nursuant to section 131.60.
rccwsru@�c
A fully executed hold hazmless agreement as required by this Chapter.
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1 (� A certification, signed by an individua] with the requisite corporate or other power
2 and authority to bind the applicant, wluch states that the applicant has reviewed,
3 uaderstands, and will comply with a11 requuements of tUis Chapter, and that all
4 informarion contained in the Master List is truthfiil_ accurate, complete and u-p YO_
5 date.
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Sec. 131.50 Risk Management Requirements
Prior to installation. , very Newsrack Owner who
desires to install a Newsrack on a public right of way shall file a written Agreement to indemnify
and hold the City harmless. This Agreement shall be in a form prescribed from tune to time by the
City Attorney, whereby the Newsrack Owner, in exchange for the ability to install its Newsrack on
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the public right of way, agrees to indemnify and hold hazmless the City, its officers and employees
from any loss, liability or da�nage (including costs, disbursements and attorney fees) for bodily or
personal injury, including death, and for properiy damage sustained by any person or entity as a
result of a Newsrack installed on the public right of way.
Sec.131.60 Fees.
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The fee. if any, shall be in an amount sufficient to reimburse the City for a11 its expenses incurred
in the aduiinistrafion and enforcement of the terms and provisions of this Chapter, and the fee
shall oniv be used for such putposes. The fee ma�onl�e imposed following the roreuaration of
a report from the Director to the Council describing all such expenses, shall be based on the
number of Newsracks placed in the �ublic ri�ht-of-wav bv Newsrack Owners, and shall be
established from time-to-time bv resolution of the Citv Council.
Sec.131.70 Appeal
(A) If, after the effective date of this Chapter, a Newsrack Owner has reasonable grounds to
claim that
a Notice of
Violafion or allotice of Removal has been wrongfully issued, and wants to appeal that
determination, the appealing Owner shall, within ten (10) days of receipt of the ����
�.._: _, __ _._ __,..: __ __ Notice of Violation or Notice of Removal, demand a review by
giving written notice to the Director, and including in that notice any e�ibits such as
photographs or maps or affidavits which support the claun. No oral presentation shall be
pernutted, and a11 grounds supporting the appeal shall be provided in writing. The
Director sha11 review the claim within fifteen (15) days of receipt of notice from the
appealing Owner. Within fifteen (15) days ofthe review, the Director shall provide
written notice of the decision to the appealing Owner.
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(B) If the appealing Ovmer believes the D'uector's decision of the appeal under section
131.70 (A) is in error,
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. , the appealing Owner may file a written request
for a review pursuant to Chapter 18, Legislarive Hearing Officer, of the City of St. Paul
Legislative Code.
Sec. 131.80 Placement generally.
Newsracks may not be installed in any public right of way which is used regutarly or intended to
be used by motor vehicle traffic. Subject to the prohibitions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian areas. The closest edge to the street of any
Newsrack shall be installed pazallel to and not less than eighteen (18) inches nor more than
twenty-four (24) inches from the edge of the curb. Newsracks may also be installed, subject to
the prohibitions of this Chapter, neaz the wall of a building if the closest edge to the building is
placed parallel to and not more than six (6) inches from the wall. Newsracks shall not be
installed on the side towazd residenrial property,
-- `` -- anoa�r"�i� Every Newsrack shall be installed so as to open toward the sidewalk, and not
towazd the street. No Newsrack shall be in any way installed or attached to any , , h�affic
sign or signal, hydrant, United States Postal Service mailbox, or parking meter �
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Sec.131.90 Installation and maintenance
(A) Newsracks shall not exceed sixty (60) inches in height, tlurry (30) inches in width, or
twenty-four (24) inches in depth.
aL-� Multilevel news racks shall be of uniform depth and width.
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(B)
(C)
No advertising signs or material, other than those � advertisine the name of
the publicafion contained within the Newsrack, shall be displayed on the outside of any
Newsrack.
Each Newsrack which receives coins shall be equipped with a coin-return mechanism to
permit a person using the machine to secure an immediate refund in the event he or she is
unable to receive the publication paid for. The coin-retum mechanism shall be
maintained in good working order.
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i (D) Each Newsrack shall have stenciled or otherwise permanently affi�ed to it in a Leadily
2 visible place a notice setting forth the
3 name and address of the Owner of or the Responsible Person for the Newsrack and the
4 telephone number ' to call the Owner or the Responsible
5 Person or to report a malfunction, or to secure a refund in the event of a malfimction of
6 the coin-return mechanism, or to give the notice provided for in this Chapter.
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(E) In order to verifv comuliance with the Master List reqnirement in sections 13130 and
131.40. each Newsrack shall have stenciled or otherwise�ermanenflv affi�ed to it in a
readilv visible place a sticker or notice verifyiue that the Newsrack has been listed on a
Master List nreviously submitted to the Director, and statine the month, yeaz, and
correspondin� number of the Newsrack on that list.
The Director mav, however, substitute a reasonable alternative to the "corresponding
number" requirement in the rorecedint? pazagraph. provided that any such alternative must
assist the Director in verif�ne compliance with the Master List requirement.
(F) Each Newsrack sha11 be maintained in a neat and clean condition and in good repair at all
times. Specifically, but without limiting the generality of the foregoing, each Newsrack
shall be serviced and maintained, or replaced if necessary, so that: (1) it is reasonably free
of dirt and grease; (2) it is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted azeas thereof; (3) it is free of graffiti or other writing or pictures added
without the pernussion of the Owner
HH}s€�s-seetiea; (4) it is reasonably free of rust and conosion in the visible metal areas
thereof; (5) the clear plastic or glass parts thereof, if any, through which the publicafions
therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and
discoloration; (6) the sriuctural and solid parts thereof aze not broken, do not contain
holes (other than vent holes as part of the design of the Newsrack), and are not unduly
misshapen; (7) the dispensing portion of each box sha11 be fully enclosed and
weatherproof so as to keep publications dry and free of snow and dirt; (8) all surfaces
shall be of sturdy impact resistant materials; and, (9) it shall contain no sharp corners or
sharp protrusions.
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::.: : . .: . . : : . . . . ::e�!'r�:a�e�":�s�_"��: : � - - - - - - - - - - -
4 (G) Newsracks for free publications may omit the coin box and may have the pull baz -
5 attached to the door to produce an "honor rack."
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7 Sec.131.95 Newsrack Corrals.
9 (A)
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Newsrack Corrals may be placed and maintained on the public sidewalks by any City
agency or district council at locations acceptable by the Director subject to th�rovisions
of this section. The Director s�a3� mav approve any proposed location where, as
determined by the D'uector, substautial pedestrian traffiq sidewalk congestion or the
presence of an excessive number of Newsracks within close pro�cimity of one another
suggests the need for certaiu limits on the number and placement of Newsracks.
(B) Subject to the lnnitations set forth elsewhere in this Chapter,�g-See�iea
i3i-i�A(B} the Director shall develop equitable criteria to allocate space within a
Newsrack Corral, where necessary, giving first priority to Newsracks displaying
publications that aze then currently displayed within thiriy (30) feet of such Conal.
(C) Priorto ,
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, ' installine
Corrals at particular locations, the Director shall consult with and solicit the views of
representatives of relevant city agencies, City Council, the relevant district council(s) and
entities which issue regular editions of publications ' distributed
on the public right-of-way.
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(D) Subject to the criteria established pursuant to Section 131.95 (C) above, the Director shall
a11ow any person to place or maintain a Newsrack within a Newsrack Conal, so long as
such person maintains such rack in conformity with all requirements of this Chapter and
so long as such person is not prohibited from placing such Newsrack at the location of
such Corral by any provision of this Chapter.
(E) No person shall place or maintain a Newsrack within a Newsrack Corral unless the
Newsrack is unobhusively aitached by nlastic coated cables, plastic coated chains or
otherwise to the Conal so as to ensure stability of the Newsrack.
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1 (F) No person shall maintain a Newsrack within �{38j twenty-five (251 feet of a
2 Newsrack Corral unless srxek the Newsrack is lawfully placed within s�xek the Corral at
3 snek that location.
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5 Sec. 131.100 Specific prohibitions.
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No Newsrack shall be installed:
(A)
�)
(C)
Within €rae-{3}three 3 feet of any marked crosswalk.
Withiu�en-(�9j three 3 feet of any unmazked crosswalk.
Within ten (10) feet of any fire hydraut, fire call box, fire stand nine, police call box or
other emergency facility.
16 (D) On a public right of way where it is crossed by a public or private driveway or alley, or
17 within five (5) feet of such public or private driveway or a11ey crossing, or within five (5)
18 feet of the end of radius or side slope of such public or private driveway or alley crossing
19 where the public or private driveway or alley enters any street or highway.
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�)
(F)
(G)
(H) At any location whereby the clear space for passageway of pedestrians is reduced to less
than five (5) feet. In those areas with maximum sidewalk widths on any block side of
less than seven feet six inches (7'6"), the clear space for passageway of pedestrians shall
be the masimum amount possible while complying with the other provisions of this
Chapter, but in no event shall the cleaz space for passageway of pedestrians be less than
three feet six inches (3'6"). In those azeas with maximum sidewalk widths on any block
side of less than seven feet six inches (7'6"), there shall be no more than four (4) total
Newsracks on the same side of the same block whereby the cleaz space for passageway of
pedestrians is reduced to less than (5) feet.
(I)
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Within five (5) feet ahead of, and twenty-five (25) feet to the reaz of any official public
transit bus sign mazking a designated bus stop, measured along the edge of pavement.
In or within five (5) feet of the curb in any marked truck zone, passenger loading zone,
van pool loading zone, handicapped transfer zone or ambulance loading zone.
Within three (3) feet of any bus bench, bus shelter, or plaza bench.
On any lawn or on or within twelve (12) inches of any azea improved with a hedge, a
boulevazd gazden, or flowers, or within three (3) feet of any tree.
' Within one and one half (l i/z) feet from any window of any building
abutting the sidewalk or parkway or in such a manner as to impede or interfere with the
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1 reasonable use of such window for display purpose, unless nermission has been obtained
2 from the paztv havina lesal authority over the window. or within four (4) feet of a
3 building entrauce.
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5 (K) On, attached to, or within two (2) feet of any , ,' , traffic
6 sign or signal, United States Postal Service mailbox, pazking meter, or trash receptacle er
7 et�er-��.
9 (L) Chained or bolted or otherwise attached to any properry not owned by the Owner of the
10 Newsrack or to any permanently fised object ' if
11 the properry owner obiects.
12 upen-�eq�es� Provided. however, that onlv attachment devices that do not dama�e the
13 �ropeztv. such as coated chains or cables. shall be used and that bxattaching to such
14 propertv the Newsrack Owner expressly_a�xees that the pronertv owner mav revoke the
15 pernussion and may remove the chains or cables without notice and without cause at anv
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In Herita¢e Preservation Districts, no more than three (3) Newsracks may be chained or
ph sicallv�inedtogether.
30 No two Newsracks displaying or offering the same publication for sale or distribution
31 may be placed or maintained within twen 20 t3�irE�{383 feet of one another, unless
32 such Newsracks are across the street from one another; provided, however, that no more
33 than three Newsracks displaying or offering the same publication for sale or distribution
34 may be placed or maintained at or within twen 20 #3�r�{38j feet of any one
35 intersection.
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(Ivn By being chained to more than �we{z'�j five 5 other Newsracks. A maximum of fi3�ree
(3j six 6 Newsracks may be chained or physically joined together in banks if each of
them ea�}p complies with the requirements of tlus Chapter and they aze joined together
in a manner that does not present a hazard to the public. Any bank of �) six 6
Newsracks, whether chained or unchained,
that are placed on the curb or street side of a
sidewalk must be at least three (3) feet from any other Newsrack, except when located
within a Newsrack Corral pursuant to Section 131.95.
Tn violation of local, state or federal handicapped accessibility regulations.
That exceeds €ert�-twe-(�2j s' 60 inches in height and is within a distance of twenty
(20) feet from any street intersection.
That exceeds £+��-t�ae-E42� s� 60 inches in height and is within a distance of ten (10)
feet from any street and alley intersection.
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2 (Q) Over, above or on top of any public utility opening, delivery chute, azeaway access or
3 other access through the right of way.
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5 (R) Upon any Pazkway. unless the adiacent prope is �runazilX
6 devoted to commercial or industrial uses .
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8 Sec. 131.110 Enforcement procedures - Nonconforming Newsracks.
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(A) Any Newsrack insCalled in violation of the provisions of this Chapter shall be tagged with
a"Notice of Violation" stating the violation, date of tagging, and notice of intention to
remove the Newsrack if the violation is not
conected within ten (10) days and specifying the procedure for obtaining a hearing and
opportunity to be heard regarding the violation using the procedures set out in section
131.70. The Directar shall also provide notice to the Owner or Responsible Person
thereof by sending a copy of the "Notice of Violation" to the person listed in the
a�iea�ien Master List, if any, pursuant to section 131.40 fBj, or to the person listed on
the notice affixed to the Newsrack as required by section 131.90�Ej.
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(C)
The Directoz may, as an altemative to tagging
�ee, haue such Newsrack(s) � realigned or otherwise repositioned in order
to restore them to a legal condirion.
Any Newsrack which has been tagged and remains in violation of the provisions stated on
the tag past the ten-day correction period, and for which no Appeal has been requested
pursuant to secrion 131.70 during that ten-day correction period, shall be removed and
stored in a secure location,
.,_____�.
(1) The Director shall provide notice to the Owner or Responsible Person thereof by
sending a"Notice of Removal" to the person listed in the a�ieatie�Master List�
if any, pursuant to section 131.40($j or to the person listed on the notice affixed
to the Newsrack as required by section 131.90 fEj. Such notice shall state the date
the Newsrack was removed, the reasons therefore, and the procedure for obtaining
a post-removal hearing and opportunity to be heazd regazding the removal using
the Appeal procedures set out in section 131.70.
(2) Any such Newsrack removed and stored pursuant to these provisions shall be
released to the Owner or Responsible Person thereof if claimed within forty-five
(45) days after such removal and upon the payment of reasonable charges of
removal and storage. Upon failure of the Owner or Responsible Person to claim
such Newsrack and pay the reasonable chazges within forty-five (45) days after
the mailing of written notice of removal, such Newsrack shall be deemed to be
Page 12 of 17
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1 unclaimed or abandoned properiy and may be disposed of pursuant to provisions
2 outlined in the Saint Paul Legisiative Code relating to unclaimed or abandoned
3 property, but without the requirement of further hearings or nofices.
4
5 (D) Any Newsrack in violation of the provisions of this Chapter, which violation creates an
6 immediate and substantial danger to the healtU, safety or welfaze of the public, which
7 violation cannot be quickly and easily conected by moving or otherwise repositioning the
8 Newsrack, may be suumiarily removed and stored in a secure location so as to eliuunate
9 the danger to the health, safety and welfaze of the public. The D'uector shall promptiv_
10 sx�seQnea�� provide norice to the Owner or Responsible Person as otherwise outlined in
11 this section and a11ow for a post-deprivarion hearing.
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13 Sec.131.120 Abandoned Newsracks.
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(A) A Newsrack shall be deemed abandoned when no publication provided by a registered
Newsrack Owner is in the Newsrack for a period of more than thirty (30) consecutive days,
or when the Newsrack and location have not been included on a Master List as required
under this Cha t�_ ,
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(B) In the event a Newsrack Owner desires to voluntarily abandon a Newsrack location, the
Owner shall provide notice to the D'uector, includine the month and the year that the
Newsrack was first placed on a Master List, and the cones op nding Master List number, and
completely remove the Newsrack and restore the public right-of-way to a safe condition,
leauing no trace.
(C) When the Director shall find an abandoned Newsrack on the public right of way within the
city, the D'uector sha11 cause a Notice of Violafion to be placed upon it pursuant to the
procedures established in section 131.110.
Sec.131.130 Severability.
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1 If any secrion, subdivision, sentence, clause or othet part of this Chapter should be adjudged
2 void or of no effect, such decision shall not affect the validity of any other portions of this
3 Chapter.
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5 Sec.131.140 Rights of Underlying Fee Titie Owner
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This Chapter shall not in anyway limit, lessen, or derogate the rights of ownership or control,
if any, of any owner of the undeflying fee ritle of any City right of way covered by this
Chapter.
Sec.131.150 Application To Other Governmental Units
This Chapter sha11 not apply to other governmental units or in any way derogate their power
to regulate their property or rights of way. All registrations under this Chapter are subject
to the authority of any other governmental unit.
Sec. 131.160 Change of Surroundin�s
Pernussion to install a Newsrack on a public right of way is at the sufferance of the City. No
property right of any kind is intended or created. The City may at any time, either pursuant
to the provisions of this Chapter or by ordinance amendment withdraw or modify its
permission. All pernussion is subject to continual compliance with the provisions of this
Chapter. If the physical surroundings of a Newsrack, which was legally located when
originally installed, change so that the Newsrack can no longer comply with sections 131.80,
131.100 or any other sections of this Chapter, then it shall promrotiv be �atc-l� removed
by its Owner and its continuing presence shall be a violation subject to remedy under section
131.110.
Sec.131.170 Implementation
(A)
:
The Director shall implement and administer this Chapter. The Director shall prepare and
execute a plan to implement this Chapter during the Implementation Period consistent with
the expressed purposes and provisions of this Chapter and consistent with the City of Saint
Pau1 Legislative and Administrative Codes and Charter. This plan shall be guided by the
following:
AII determinations regazding Newsracks shall be content neutral.
No preference shall be given to any particular type of publication.
-- - - --- -- �- - - - - - -- -
:
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.lit. � •T'
(C) The Director may authorize the placement of warning notices on Newsracks at any fvne
during the Implementation Period which state that all Newsracks aze subject to removal on
the specified effective date of this Chapter unless they '--- --'-`-:---' _ r_...�.._._ _r
are in comroliance with the requirements of this Chapter. Each such
waznnig notice sha11 contain information regazding inquiries
about com in iance.
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Section 131180 Nofice.
Unless otherwise specifically provided for in this Chapter, any notice which may be required
to be or is given shall be in writing and shall be deemed received when it is either: (i)
Personally delivered, or (ii) Placed in the Certified U.S. Mail, return receipt requested.
Section 3
SaintPaul Legislative Code Sections 18.01 and 18A2 azehereby amendedto read as follows:
Sec.18.01. Legislative hearing officer.
In order to hear and decide appeals of orders, decisions or determinations made by the
enforcement officers relative to the enforcement of health, housing, building or fire codes
contained in the Saint Paul Legislative Code, as well as aproeals of decisions made relative
to Newsracks under the St. Paul LegislaUve Code, there shall be and is hereby created a
legislative hearing officer. The legislative hearing officer shall be a City of Saint Paul
employee appointed by the president of the city council. The legislative hearing officer shall
have the authority to hear appeals to arders, decisions or determinations of the enforcement
officers and make recommendations to the city council. The hearing officer sha11 not have
the power to grant waivers of the Minnesota State Building Code. All matters, orders,
decisions and determinations of the hearing officer shall be forwarded to the city council in
resolution form within ten (10) days of the hearing officer's acfions. The city council sha11
have the authority to approve, modify, reverse, xevoke, wholly or parfly, the hearing officer's
orders, decisions or deternvnations and shall make such order, decision or deteruiination as
ought to be made.
Sec. 18.02. Hearing petihon, filing, fee, nohce.
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Any property owner afFected by any arder which has been issued in connecrion with the
enforcement of a health, housing, building or fire code, or any rule or regulation adopted
pursuant thereto, or any IVewsrack Owner affected bv anv decision made nursuant to section
131.701B) of the St. Paul Legislative Code, may request and shall be granted a hearing
before the legislative hearing officer on all matters set forth in such notice; provided, that
such property orl3ewsrack owner shall first file with the legislative hearing officer a written
peririonrequesting suchhearing and setting forthabriefstatementofgrounds thereforwithin
ten (10) days after the date the original notice of code violations, or within ten (10) days after
the date on wluch nofice of the Newsrack decision under section 131.70 Bl, was issued.
The filing fee for such petifion shall be twenty-five dollazs ($25.00) except that where there
is financial hardship, the hearing officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such petition, the hearing officer shall set a tnne and place for such hearing
and shall give the petitioner written notice thereof. The hearing shall be commenced not later
than tlurty (30) days after the date on which the petition was filed.
Section 4
Sections 131.90(A) x�l{Bj-of Section 2 of this Ordinance shall become effective two (2)
yeazs following its passage, approval and publicarion. `"--`=°-- '-` `'-�- ^-'=-°-__ _ti_„
, . All other
provisions of this Ordinance sha11 become effective one-hundred and eighty (180) days
following their passage, approval and publication.
r,,,��,�n�,��..a,.»�,a,;.�e�,T..�,
Adoption ertified by Council Secretary
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Approved by Mayor: Date !'7G6f/
BY: �v �
Q(�S iCttm
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Requested by Department of:
By:
Form Approved by City Attorney
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_ ��� � ' I � � � �
Approved by Mayor for Submission to Council
By:
PUBLlS}iEb
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Adopted by Covncil: Date ��L�.2. }�oo�
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GREEN SHEET
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M1111BER FOR
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TOTAL # OF SIGNATURE PAGES
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(CLJP ALL LOCATIONS FOR SIGNATURE)
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PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
Has this persorJfim erer rwkea under a contract far thic depahment?
VES NO
Has thia DNSaNfi,m e�er been a citY empbyee?
YES NO
Doestltis Pe�sonRmi Poaseas a sldU not nommllYP�seaceU hY anY wrtetd oilY �P�oYce7
YES NO
Is this peisoMrm e targetetl vendoYl
YES NO
'IATING PROBLEM ISSUE, OPPORTUNITY (Wtw, What, Wlien, W1�ere, Wl�y)
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ACTNITY NUMBER
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Council Fi1e # ��- S 5 v
Ordinance #
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�F %�11jT L, MINNESOTA � ��
Presented By ��
Referred To
I� . •
A legislative ordinance
to regulate newsracks that aze lo�
within public rights of way.
THE COLTNCIL OF THE CITY OF SAINT PAUL DOES
Section 1
Saint Paul Legislative Code Chapter 128 i��ereby repealed.
Se���iO�n 2
A new Chapter 131 is hereby enact��as part of the Saint Paul Legislative Code to read as
follows: s �
CHAPTER 131 1�EWSRACKS
Sec.131.10. Defmitions.
The following wozds, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this sectio.�i, except where the context clearly indicates a different meaning:
�`
"Director" means the Director of the [Department of Public Works] [Office of License,
Inspections and Enviro�nental Protection] of the City of St. Paul, or his or her designee.
�f
"Heritage Preservat¢on District"means any areas, places, or districts which have been duly
designated and lis�d as heritage preservation districts pursuant to St. Paul Legislative Code
Chapter 74. �
Page 1 of 16
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"Implementation Period" means the 180-day period of time elapsing after passage, approval and
publication of this Chapter, but before the effective date of this Chapter, and during which time
the Director shall prepaze and execute a plan to implement this Chapter. a
"Install" or "installed" means to place, affix, erect, construct, operate or maintain a N
"Newsrack" means any type of unmanned device for the vending or free distribi
newspapers, news periodicals, advertising suppiements, advertising periodicals,
periodicals, and similar publications. ;,
"Newsrack Corral" or "Corral"means any three sided post and rail
Newsracks in stable clusters.
"Parkway"means those streets and avenues that are designated as
pursuant to St. Paul Legislafive Code sections 145.02 and 145.03„
designed to group
and boulevazds
"Responsible Person"means an individual who is listed on an��"pplication for a Certificate of
Compliance and who, on behalf of an Owner, may receive n�tice, respond to complaints, and be
notified or contacted at any time concerning a Newsrack��
"Owner" means any person which either holds an own�ship interest in ar operates a Newsrack
that it seeks to install or has installed in the Public Right of Way.
"Person" means any individual, person or entity, however organized, whether public or private,
whether domestic or foreign, whether for profit o� nonprofit, and whether natural, corporate, or
politicai. Examples include a business or coma�iercial enterprise organized as any type or
combination of corporafion, limited liabili ��mpany, partnership, proprietorship, association,
cooperative, or joint venture.
,
"Right-of-way" or "Public right-of-way
highway, street, cartway, boulevard, bi
owns or over which it has an easemeri't
public purposes. _'�
Sec. 131.20 Purpose and
The purpose of this Chapter
regulation of placement, ty�i
as to: �
(A)
Provide for
or federal h
� °ineans the area in, on or above a public roadway,
ycle lane, sidewalk, parkway or alley which the City
or interest, including other dedicated rights-of-way, for
to promote the public health, safety and welfare through the
appearance and servicing of Newsracks on public rights-of-way so
and driving safety and convenience, and comply with local, state
accessibility regulations.
Page 2 of 16
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1 (B) Restrict unreasonable interference with the public use of the public right-of-way and with
2 the flow of pedestrian or vehiculaz traffic including ingress into or egress from any
3 residence or place of business, or from the street to the sidewalk by persons e�ting
4 entering pazked or standing vehicles. �
6 (C) Provide for the safety of people and properiy_during periods of heavy s w, storms, and
7 other adverse weather conditions, and for the proper functioning of City's safety and
8 sanitation forces.
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(D) Provide reasonable access: (i) For the use and maintenance of oles, posts, traffic signs or
signals, hydrants, ufility openings, delivery chutes, trash rec tacles, bus or plaza
benches, United States postal service mailboxes, parking eters and other public fixtures;
and (ii) To locations used for pubiic transportation purp ses.
(E) Relocate and/or replace Newsracks which result in visual blight and/or excessive space
allocation on the public rights-of-way or which easonably detract from the aestherics
of store window displays, adjacent landscaping d other improvements, both public and
private, as well as to remove abandoned New, acks.
�
(F) Maintain and protect the values of surrou�ing properties, and protect and preserve
public property. ,/
(G) Reduce unnecessary exposuze of the.rpublic to personal injury or properly damage.
4 .
(H) Treat all publications equally regardless of their size, content, circulation, or frequency of
publication.
(I) Maintain and preserve freedom of speech and freedom of the press.
(.� Protect and enhance the of St. Paul's atiraction to residents, tourists and visitors, and
serve as a support and'stunulus to business and indushy, by enhancing the visual and
aesthetic chazacter and interest of the City.
Sec. 131.30 Certificate of Compliance required.
No person sha11 install a Newsrack on or in the public right of way without first obtaining a
Certificate of Compliance from the Director for each Newsrack in accordance with the provisions
ofthis Chapter. ,'
Sec. 131.40
(A)
Application and issuance of Certificate of Compliance.
authority. The issuing and approving authority shall be the Director. The
r is responsible for fairly coordinating and administering the physical placement
Page 3 of 16
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1 of Newsracks of the type and location herein specified, and upon compliance herewith is
2 responsible for issuing the Certificates of Compliance.
4 (B) Applications. The applicant, who must be an Owner of the Newsrack, shall file with the
5 Director a written application for a Certificate of Compliance for each proposed
6 Newsrack location which shall contain the following information and attachments:
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(C)
(D)
(1) The naxne, address and telephone numbers of all Owners of the New ack.
(2) The name, address and telephone number of a Responsible Per n whom the City
may provide notice or contact at any time concerning the N srack(s), which
notice, if given, shall bind and be deemed actual notice to e Owner(s) of the
Newsrack.
(3) The number of Newsracks and the proposed locati of each shown on a sketch
drawing showing dimensions to each curb, fix , building, bus stop and other
landmarks, and a photograph of each location rovided by the applicant.
�
(4) The type or brand of Newsracks, includin� an illustration and description of the
Newsrack, t'�
(5) A fully executed hold harmless agreement as required by this Chapter.
(6) A certification, signed by an individual with the requisite corporate or other power
and authority to bind the applacant, which states that the applicant has reviewed,
understands, and will comply with all requirements of this Chapter.
Issuance of Certifacate of Compliance. Upon a fmding by the Director that the applicant
and a11 owners of the Newsxack are in compliance with the provisions of this Chapter for:
(i) The proposed Newsrack location, and (ii) all other existing Newsrack locations, the
Dixector shall cause to be issued a Certificate of Compliance. Such issuance shall be
made within fifteen (1-5) working days of the City's receipt of the completed application.
Denial of Certificate of Compliance. If a Certificate of Compliance for one or more
Newsrack locations applied for shall be denied, the applicant sha11 receive notice of the
denial in writnig within fifteen (15) working days of the City's receipt of the completed
application. The applicant sha11 be advised of the specific cause of each such denial by
the Director. The applicant may amend the application and reapply for the same location,
or apply for a substitute alternative location, subject to a$5.00 re-processing fee for the
first r�applicafion. Any subsequent re-applications sha11 be subject to the standard
application fee. A denial issued during the Implementation Period may be appealed
under section 131.170 (H). Any other denials may be appealed under section 131.70.
Page 4 of 16
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1 (E) Additional Certifzcate of Compliance. If, at any time after initial application for a
2 Certificate of Compliance to install a Newsrack, an Ownex wishes to instatl additi
3 Newsracks at additional locations, then subsections (C) and (D) above aze to re
4 in accordance with the provisions of this Chapter.
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(F) Lapse of unused cert�cates. Any Certificate of Compliance not us to install a
Newsrack within thiriy (30) days from the date of issuance shall void and
automatically deemed revoked, and the Owner's Newsrack sh not be installed at that
locarion.
(G) Transfer of title or controL Whenever a Newsrack for w ch a Certificate of Compliance
has been issued is sold, or tide or control thereof transf ed or assigned, the existing
Certificate of Compliance shall be void and automatic�elly deemed revoked, and a new
Certificate of Compliance shall be required and obtained in accordance with this Chapter.
Sec. 131.50 Risk Management Requirements
Prior to the issuance of a Certificate of
Newsrack Owner who desires to install
a Newsrack on a public right of way shall file a written Agreement to indemnify and hold the City
harmless. This Agreement shall be in a form prescribed from time to time by the City Attorney,
whereby the Newsrack Owner, in exchange for the ability to install its Newsrack on the public right
of way, agrees to indemnify and hold harmless the City, its officers and employees from any loss,
liability or damage (including costs, disbursements and attorney fees) for bodily or personal injury,
including death, and for properry damage,sustained by any person or entity as a result of aNewsrack
installed on the public right of way.
Sec.131.60 Fees.
r
There shall be a Certificate of Compliance application fee in the amount of ten dollars ($10.00)
per Newsrack location. Denied applications or locations are subject to a re-processing fee of five
dollazs ($5.00) for the first r,e-examination of the amended application or location. Ail addifional
applications or locations aze subject to the standard application fee. Moving a Newsrack to a
new location requires a new application, which is subject to the standard application fee. Such
fees sha11 be established in an amount sufficient to rennburse the City for a11 its expenses
incurred in the administration and enforcement of the terms and provisions of this Chapter, and
shall only be used for such purposes.
Sec.131.70 Appeal
(A)
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If, atter the effective date of this Chapter, a Newsrack Owner has reasonable grounds to
claim that an application for a Certificate of Compliance has been wrongfully denied or
that a Certificate of Compliance has been wrongfully revoked or that a Nofice of
Violation or a Notice of Removal has been wrongfully issued, and wants to appeal that
Page 5 of 16
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1 determivation, the appealing Owner shall, within ten (10) days of receipt of notice of
2 denial or revocation or Notice of Violation or Norice of Removal, demaud a review by
3 giving written notice to the Director, and including in that notice any e�ibits such as
4 photographs or maps or affidavits wiuch support the claim. No oral presentation shall
5 permitted, and all grounds supporting the appeal shall be provided in writing. The
6 D'uector shall review the claim withiu fifteen (15) days of receipt of notice from
7 appealing Owner. Within fifteen (15) days of the review, the Director shall pr de
8 written notice of the decision to the appealing Owner.
10 (B) Review during the Implementation Period for this Chapter shall be gov ed by Section
11 131.170(Fi).
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(C) If the appealing Owner believes the Director's decision of the
131.70 (A) is in error, and the appealing Owner declines to an
reapply as provided in Secrion 131.40(D), the appealing Ow�s
for a review pursuant to Chapter 18, Legislative Hearing O�i�
Legislative Code. �
Sec. 131.80 Placement generaily.
Newsracks may not be installed in any public right of way which is used regularly or intended to
be used by motor vehicle traffic. Subject to the prohibitions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian�eas. The closest edge to the street of any
Newsrack shall be installed parallel to and not lessthan eighteen (18) inches nor more than
twenty-four (24) inches from the edge of the curb. Newsracks may also be installed, subject to
the prohibitions of this Chapter, neaz the wall of a building if the closest edge to the building is
placed parallel to and not more than six (6)�nches from the wall. Newsracks shall not be
installed on the side toward residenfial prdperiy, or on the side towazd lawns or grounds of
business or commercial property. No Newsrack shall be installed on the sidewalk opposite
another Newsrack. Every Newsrack shall be installed so as to open toward the sidewalk, and not
toward the street. No Newsrack sha11 be in any way installed ar attached to any pole, post, traffic
sigp or sig�tal, hydrant, United Stafes Postal Service mailbox, parking meter or any other public
fixture, equipment, pole or faci�i�.
�
Sec.131.90 Installation,and maintenance
(A) Newsracks shall-not exceed si�y (60) inches in height, thirty (30) inches in width, or
twenty-four (24) inches in depth. The base shall have a depth of at least 80% of the
median deptli and sha11 have a width of at least 80% of the median width of the box and
the base s�hali be fuily enclosed so as to prohibit the introduction of foreign materials into
the base ' Multilevei news racks shall be of uniform depth and width.
(B) New �racks shall be manufactured from 20-gauge zinc grip steel or thicker.
�eal under section
nd the application and
may file a written request
•, of the City of St. Paul
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(C) Newsracks shall be, except as provided herein, uniformiy forest green in color on all
e�erior surfaces that aze opaque, inciuding all of the base, the back, the sides, and to
(D) No advertising signs or material, other than those dealing with the name of th
publication contaiued within the Newsrack, shall be displayed on the outsi of any
Newsrack.
(E) Each Newsrack which receives coins sha11 be equipped with a coin- turn mechanism to
pernut a person using the machine to secure an immediate refund � the event he or she is
unable to receive the publication paid for. The coin-return mec anism shall be
maintained in good working order.
(F) Each Newsrack shall have stenciled or otherwise
visible place so as to be seen by anyone using the
name and address of the Owner of or the Respon:
telephone number of a working telephone service
Person or to report a malfunction, or to secure a r�
the coin-retum mechanism, or to give the notic�
(G)
(H)
�n�fitly affixed to it in a readily
,�ack a notice setting forth the
erson for the Newsrack and the
I the Owner or the Responsible
in the event of a malfunction of
�d for in this Chapter.
Each Newsrack shall be maintained in a neat clean condition and in good repair at all
times. Specifically, but without limiting�t�ie generality of the foregoing, each Newsrack
sha11 be serviced and maintained, or re�aced if necessary, so that: (1) it is reasonably free
of dirt and grease; (2) it is reasonably�free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof; (3}�it is free of graffiti or other writing or pictures added
without the perxnission of the Ovv�ier or added in excess of that permitted by pazagraph
(H) of this section; (4) it is reas,onably free of rust and conosion in the visibie metal areas
thereof; (5) the clear plastic or glass parts thereof, lf any, through which the publications
therein aze viewed are unb�dken and reasonably free of cracks, dents, blemishes and
discoloration; (6) the struetural and solid parts thereof are not broken, do not contain
holes (other than vent holes as part of the design of the Newsrack), and aze not unduly
misshapen; (7) the dispensing portion of each box shall be fully enclosed and
weatherproof so as:to keep publications dry and free of snow and dirt; (8) a11 surfaces
shall be of sturdy unpact resistant materials; and, (9) it shall contain no sharp corners or
sharp protrusions.
Newsracks shall cany no card holders or advertising, but may display the name, with
lettering:and background of any colors, of the publication being dispensed, in spaces in
the locarions and sizes set forth below:
41 (Lj
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%
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t'
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� ''}
On the front of the Newsrack. The lettering size shall not exceed one and three-
quarters (1'/a) inches height. The lettering shall be placed within a colored-band
space not exceeding two and one-half (2'/z) inches in height above the door hinge.
Page 7 of 16
DO-
2 (2) On the sides and back of the Newsrack. The lettering size shall not exceed two
3 and one-half (2%z) inches in height. The lettering shall be placed within a color
4 band space not exceeding four and one-half (4%z) inches in height an�3 U�nin
5 one (1) inch from the top of the Newsrack. �
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(n Newsracks for free publicafions may omit the coin box and may have pull bar welded
to the door to produce an"honor rack."
Sec. 131.95 Newsrack Corrals.
(A) Newsrack Conals may be placed and maintained on the public dewalks by any City
agency or district council at locations acceptable by the Direc r. The Director shall
approve any proposed location where, as determined by the irector, substantial
pedestrian tr�c, sidewalk congestion or the presence of significant number of
Newsracks within close proxnniTy of one another sugge s the need for certain limits on
the number and placement of Newsracks.
(B) Subject to the limitations set forth elsewhere in thi Chapter, including Section
131.170(D), the Director shall develop equitable riteria to allocate space within a
Newsrack Conal, where necessary, giving first riority to Newsracks displaying
publications that are then currently dispiayed 'thin thirty (30) feet of such Conal.
(C) Prior to approving any locations or makin ' any determinations, as set forth in Section
131.80, prior to developing any criteria r allocating space, as set forth in Section
131.170, and prior to promulgating regulations making any determinations relating to
this Section, including an� determin�ions concerning the appropriate size of Corrals at
particuiar locations, the Director slaa' 11 consult with representatives of relevant city
agencies, City Council, the
editions of publicafions int
mentioned representatives
approval and publication o:
locations of Corrals and p"r�
�it district council(s) and entities which issue regular
i for distribution on the public right-of-way. The above-
submit to the Director within ninety days of passage,
Ordinance any proposals regarding appropriate size and
�d criteria for allocation of space within the Conals.
(D) Subject to the criteri�'established pursuant to Section 131.95 (C) above, the Director shall
allow any person tq'place or maintain a Newsrack within a Newsrack Cona1, so long as
such person maintains such rack in conformity with all requirements of this Chapter and
so long as sucl���person is not prohibited from placing such Newsrack at the location of
such Corral �y any provision of this Chapter.
(E) No person shall place or maintain a Newsrack within a Newsrack Conal unless the
Newsrack is unobtrusively attached by cables, chains or otherwise to the Corral so as to
stability of the Newsrack.
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2 (F) No person shall maintain a Newsrack within fliirty (30) feet of a Newsrack Conal uniess
3 such Newsrack is lawfiilly placed within such Corral at such location. ,
4
5 Sec. 131.100 Specific prohibitions.
7 No Newsrack shall be installed:
9 (A) Within five (5) feet of any marked crosswalk.
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(B)
(C)
Within ten (10) feet of any unmazked crosswalk.
Within ten (10) feet of any fire hydrant, fire ca11 box, police call or other emergency
facility. �`
16 (D) On a public right of way where it is crossed by a public or,�rivate driveway or alley, or
17 wittun five (5) feet of such public or private driveway or�alley crossing, or witbin five (5)
18 feet of the end of radius or side slope of such public or-private driveway or a11ey crossing
19 where the public or private driveway or alley enters any street or highway.
20 �
21 (E) Within five (5) feet ahead of, and twenty-five (25� feet to the rear of any ofFicial public
22 transit bus sign marking a designated bus stop� measured along the edge of pavement.
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24 (F) In or within five (5) feet of the curb in any marked truck zone, passenger loading zone,
25 van pool loading zone, handicapped transfer zone or ambulance loading zone.
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(G) Within three (3) feet of any bus bench; bus shelter, or plaza bench.
(H) At any location whereby the ciear'space for passageway of pedestrians is reduced to less
than five (5) feet. In those area5 with maximum sidewalk widths on any block side of
less than seven feet six inches (7'6"), the clear space for passageway of pedestrians shall
be the maYimum amount possible while complying with the other provisions of this
Chapter, but in no event shall the clear space for passageway of pedestrians be less than
three feet six inches (3'.6"). In those areas with maximum sidewalk widths on any block
side of less than seven feet six inches (7' 6"), there sha11 be no more than four (4) total
Newsracks on the same side of the same block whereby the clear space for passageway of
pedestrians is reduced to less than (5) feet.
(I) On any lawn or on or within twelve (12) inches of any azea improved with a hedge, a
boulevazd garden, or flowers, or within three (3) feet of any tree.
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(� In front of or within one and one half (1'12) feet from any window of any buiiding abutting
the sidewalk or pazkway or in such a inauuer as to impede or interfere with the reasonable
use of such window for display purpose, or within four (4) feet of a building entrance. )
(K) On or within two (2) feet of any pole, post, street light, utility pole, traffic sign or si 1
United States Postal Service mailbox, pazking meter, trash receptacle or other publ�
fixture.
(L) Chained or bolted or otherwise attached to any property not owned by the O er of the
Newsrack or to any permanently fixed object without the prior written con nt of such
properiy owner. Such written consent shall be promptly fiunished to the �ity upon
request. f �
(M) By being chained to more than two other Newsracks. A maatimuxn o�`three Newsracks
may be chained or physically joined together in banks if each of tl}em comply with the
requirements of this Chapter and they are joined together in a ma�ner that does not
present a hazard to the public. Any bank of three (3) Newsrack�; whether chained or
unchained, and which aze separated individually in any case b�y� less than three feet, which
are placed on the curb or street side of a sidewalk must be a least three (3) feet from any
other Newsrack, except when located within a Newsrack �orral pursuant to Section
131.95. �
No two Newsracks displaying or offering the same� blication for sale or distriburion
may be placed or maintained within thirty (30) feef of one another, unless such
Newsracks are across the street from one anoth�t; provided, however, that no more than
three Newsracks displaying or offering the sa�e publicafion for sale or distribution may
be placed or maintained at or within thirty �0) feet of any one intersection.
�)
(0)
In violation of local, state or federal
That exceeds 42 inches in height
streetintersection.
accessibility regulations.
is within a distance of twenty (20) feet from any
(P) That exceeds 42 inches in Y}eight and is within a distance of ten (10) feet from any street
and alley intersection. ,
(Q) Over, above or on top of any public utility opening, delivery chute, azeaway access or
other access through the right of way.
s%
(R) Upon or
Sec.131.110
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15 feet of any Pazkway or Heritage Preservation District.
procednres - Nonconforming Newsracks.
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1 (A) Any Newsrack installed in violation of the provisions of tlus Chapter shall be tagged with
2 a"Notice of Violation" stating the violation, date of tagging, notice of intention to
3 remove the Newsrack and revoke the Certificate of Compliance if the violation is not
4 corrected withiu ten (10) days and specifying the procedure for obtaining a hearing
5 opporiuniry to be heard regarding the violafion using the procedures set out in sectio
6 131.70. The Director shall also provide notice to the Owner or Responsible Person
7 thereof by sending a copy of the "Notice of Violation" to the person listed in the
8 appiication, if any, pursuant to section 131.40(B), or to the person listed on the;
9 affixed to the Newsrack as required by secrion 131.90(E). �
10
11 (B)
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The D'uector may, as an aiternative to tagging and revoking the Certificat� `of
Compliance, have such newsrack(s) moved, aligned or otherwise reposil4oned
restore them to a legal condition. f�
in orderto
(C) Any Newsrack which has been tagged and remains in violafion of�the provisions stated on
the tag past the ten-day correction period, and for which no Appeal has been requested
pursuant to section 131.70 during that ten-day correction peri`od, shall be removed and
stored in a secure location, and the Certificate of Compl � f`ce shall be automatically
deemed revoked. �
(1) The Director shall provide notice to the Ow,�ier or Responsibie Person thereof by
sending a"Notice of Removal" to the pe�rs'on listed in the application, if any,
pursuant to section 131.40(B) or to the �person listed on t�e notice affixed to the
Newsrack as required by section 131,�Q(E). Such notice sha11 state the date the
Newsrack was removed, the reasons'therefore, and the procedure for obtaining a
post-removal hearing and opporhuuty to be heazd regarding the removal using the
Appeal procedures set out in section 131.70.
(2) Any such Newsrack rE
released to the Owner
and stored pursuant to these provisions shall be
Person thereof if claimed within forty-five
(45) days after such r�Inoval and upon the payment of reasonable charges of
removal and storag� Upon failure of the Owner or Responsible Person to claim
such Newsrack and pay the reasonable charges within forry-five (45) days after
the mailing of,u�i notice of removal, such Newsrack shall be deemed to be
unclaimed � abandoned properiy and may be disposed of pursuant to provisions
outlined i�the Saint Paul Legislative Code relating to unclaimed or abandoned
without the requirement of further hearings or notices.
(C) Any News,�ack in violation of the provisions of this Chapter, which violation creates an
immedi�#e and substantial danger to the health, safety or welfare of the public, which
violation cannot be quickly and easily corrected by moving or otherwise repositioning the
Ne�ts ack, may be sununarily removed and stored in a secure location so as to eliminate
th� danger to the health, safety and welfare of the public. The Director shall subsequently
Page 11 of 16
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provide notice to the Owner or Responsible Person as otherwise outiined in this section
and allow for a post-deprivarion hearing.
Sec. 131.120 Abandoned Newsracks.
(A) A Newsrack shall be deemed abandoned when no publication provided by a registered
Newsrack Owner is in the Newsrack for a period of more than thirty (30) consecurive day
If an abandoned Newsrack, as determined by the D'uector pursuant to this section, is � a
location registered by a Certificate of Compliance, then that Certificate of Compliance all
become void and be automatically deemed revoked, and the location sha11 become a lable
to other Owners exclusively for a period of ninety (90) days.
(B) A Newsrack location shall be deemed abandoned when the Newsrack
location is not installed in its registered location for a period of more
consecutive days. If a Newsrack location is abandoned, as deternin��i
pursuant to this section, then the Certificate of Compliance far that locai
void and be automatically deemed revoked, and the location shail become
Owners exclusively for a period of ninety (90) days. q °'�
re stered to the
�than thirty (30)
t by the Director
ion shall become
available to other
(C) In the event a Newsrack Owner desires to voluntarily aban`don a Newsrack location, the
Owner shall provide notice to the Director, completely retriove the Newsrack and restore the
public right-of-way to a safe condition, leaving no tra�e.
��
(D) When the Director shall find an abandoned New�ack on the public right of way within the
city, the Directar shall cause a Notice of Vio�`ation to be placed upon it pursuant to the
procedures established in section 131110. �'
Sec.131.130 Severability.
If any section, subdivision,
void or of no effect, such c
Chapter.
Sec. 131.140 Rights of
Tlus Chapter shall
if any, of any o�'i
Chapter. �
Sec. 131.150
l
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e; clause or other part of this Chapter should be adjudged
shall not affect the validity of any other portions of this
Fee Title Owner
in anyway limit, lessen, or derogate the rights of ownership or control,
of the underlying fee title of any City right of way covered by this
To Other Governmental Units
Page 12 of 16
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Tlus Chapter shall not apply to other governmental units or in any way derogate their power
to regulate their property or rights of way. All registrations under this Chapter are subj ect
to the authority of any other governmentai unit.
Sec.131.160 Nature of Permission
Pernussion to install a Newsrack on a public right of way is at the sufferauce of the City. No
property right of any kind is intended or ereated. The CiTy may at any time, either pur t
to the provisions of this Chapter or by ordinance amendment withdraw or m ify its
perznission. All permission is subject to continual compliance with the provisi s of this
Chapter. If the physical surroundings of a Newsrack, which was legally 1 cated when
originally instalied, change so that the Newsrack can no longer comply with s ctions 13 .80,
131.100 or any other sections of this Chapter, then it shall be immediate remov by its
owner and its continuing presence shall be a violation subject to re edy un r section
131.110. �
Sec.131.170 Implementation
The Director shall implement and administer this Chapter. �1'he irector sha11 prepare and
execute a plan to implement this Chapter during the Implg�iie 'on Period consistent with
the expressed purposes and provisions of this Chapter �tid nsistent with the City of Saint
Paul Legislative and Administrarive Codes and Cha�t`er This plan shall be guided by the
following: ,��
(A) All determinations regarding Newsracks
(B) No preference shall be given to any
content neutral.
type of publication.
(C) After the Implementation Period o this Chapter, all applications for a Certificate of
Compliance for any specific locaf n which is permitted by the provisions of this Chapter
shall be allocated on a first co e, first served basis. Appiications shall be date stamped
when received with the time, receipt noted.
(D) Dnring the Implementa'on Period of this Chapter, priority allocation of Certificates of
Compliance for any s cific location shall be governed by a system designed, to the extent
reasonably possibl "; based on the number of locations that aze in compliance with this
Chapter, and acc rding to the following priorities in the following order:
(1) Loc ions on a specific side of a specific City block are to be allocated to those
I� sracks that reasonably pxove to the Director that they were previously installed
as of a date determined by the Director) on that specific block side.
�F
1'
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(2) If necessary, the Director shall conshvct a random allocaUon system for Newsracks
that reasonably prove to the Director that they were previously instalied (as of a date
detennined by the Dixector) on a specific block side, and then randomly allocate
locations on that block side or an adjacent biock side as close to the previous location
as the requirements of this Chapter and the assigned priority level allow. ,
(3) If necessary, the Director shall covstntct a random allocation system for ewsracks
thatwerenotpreviouslyinstalled,orthatcannotreasonablyproveto irectorthat
they were previously installed, (as of a date determined by the Dire or) on a specific
block side and, and then randomly allocate locations on that blo side or an adjacent
block side as close to the requested location as the requirem ts of this Chapter and
the assigned priority level allow. These locations sh be allocated after the
allocations in the previous pazagraphs (D)(1) and (D)( above.
(E) The Director may, with reasonable notice (which may i ude notice on the City's World
Wide Web home page), establish application deadlines at occurno greater than ninety (90)
days prior to the end of the Implementation Period for those Newsracks that apply for
priority allocation of Certificates of Compliance or any specific locafion provided in
para�raph (D) of this section.
(F) The Director, to the extent reasonably possi e, shall give notice of the proposed priority
allocation of Certificates of Compliance to 11 Owners that apply for priority allocation as
provided in pazagraph (D) of this sectio , at least fifty (45) days prior to the end of the
Implementation Period for this Chapte
(G) The Director may authorize the pl ement of warning nofices on Newsracks at any time
during the Implementafion Perio hich state that all Newsracks are subject to removal on
the specified effective date of 's Chapter unless they have obtained a Certificate of
Compliance pursuant to this apter. Each such warning notice shall contain information
regarding inquiries and the 1 cation for obtaining a Certificate of Compliance.
(H) If, during the Implement tion Period, a Newsrack Owner has reasonable grounds to claim
that a Certificate of C mpliance has been wrongfully denied, and wants to appeal that
determination, the ap ealing Owner sha11, within five (5) days of receipt of notice of denial,
demand a review b giving written notice to the Director, and including in that notice any
e�ibits such as hotographs or maps or affidavits which support the claim. No oral
presentation sh I be pernutted, and all grounds supporting the appeal shall be provided in
writing. The irector shall review the claim within ten (10) days of receipt of notice from
the appeali Owner. Within ten (10) days ofthe review, the Director shall provide written
notice of e decision to the appealing Owner.
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(I) Ifthe appealing Owner believes the Director's decision ofthe appeal under Section 131170
(I� is in enor, the appealing Owner may file a written request for a review pursuant to
Chapter 18, Legislative Heazing Officer, of the City of St. Paul Legislative Code.
Section 131.180 Nofice.
Unless otherwise specifically provided for inthis Chapter, any notice which may be quired
to be or is given shall be in writing and shali be deemed received when it is ither: (i)
Personally delivered, or (ii) Placed in the Certified U.S. Mail, return receipt r uested.
Section 3
Saint Paul Legislative Code Sections 18.01 and 18.02 aze hereby ame edto read as follows:
Sec.18.01. Legislative hearing officer.
In order to hear and decide appeals of orders, �
enforcement officers relative to the enforcement
contained in the Saint Paul Legislative Code, as
or determinations made by the
housing, building or fire codes
there shall be and is hereby created a legislativ heazing officer. The legislative hearing
officer shall be a City of Saint Paul employee a ointed by the president of the city council.
The legislarive hearing officer shail have the uthority to hear appeals to orders, decisions
or determinations ofthe enforcement office and make recommendations to the city council.
The hearing officer shall not have the ower to grant waivers of the 1vlinnesota State
Building Code: All matters, orders, dec' ions and determinations ofthe hearing officer shall
be forwarded to the city council in esolufion form within ten (10) days of the hearing
officer's actions. The city council all have the authority to approve, modify, reverse,
revoke, wholly or partly, the he ' g officer's orders, decisions or determinations and shall
make such order, decision or d ermination as ought to be made.
Sec. 18.02. Hearing petition,
Any property owner
enforcement of a hes
pursuanttheretq or
fee, notice.
cted by any order which has been issued in connection with the
housing, building or fire code, or any rule or regulation adopted
131.70 C or 13 /.170 �Il ofthe St. Paul Legislative Code, may request and shall be granted
a heanng befo e the legislative hearing officer on all matters set forth in such notice;
provided, th such property or Newsrack owner sha11 first file with the legislative hearing
officer a tten petition requesting such hearing and setting forth a brief statement of
grounds erefor within ten (10) days after the date the original notice of code violations, or
was issued.
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The filing fee for such petition shall be twenty-five dollars ($25.00) except that where there
is financial hazdship, the hearing officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such petition, the hearing officer shall set a time and place for such
and shall give the petifioner written notice thereo£ The hearing shaii be commenc�
than thirty (30) days after the date on which the perition was filed.
Section 4
Sections 131.90(A) and (B) of Section 2 of this Ordinance shall
years following its passage, approval and publication. Sectio
become effective thirty (30) days following its passage, appr al
provisions of this Ordinance shall become effective one un
following their passage, approval and publication.
„���.a„�w��..�,,� �d ��„�=�.a
��/��/�
come effective two (2)
3 of this Ordinance shall
and publication. All other
dred and eighty (180) days
Requested by Department of:
BY:
Adopted by Council:
Adopt'.ca Certified by
B Y � 4ti
Approved by Mayor� Date _
By
����
G•�
,iL� J�
Secre[ary
� Form Approved by City Attorney
BY: `1.Lf� /��� G• 2- o 0
— --- - .i.pproved by Mayor Eox Submission to Council
By:
oa-ss�
QRIG��fAI.
Presented By
/
i,
MINNESOT.
Referred To `
A legislarive ordin�
to regulate newsracks that
within public rights q
Council Fiie # � O� SSO
Ordt e #
Gr n Sheet # � po e13 `
:e Date :
located
THE COUNCIL OF THE CITY OF SAINT PAUL OES ORDAIN:
Secti n 1
Saint Paul Legislarive Code Chapter 1 is hereby repealed.
2
A new Chapter 131 is hereby
follows:
CHAPTER 131 NEWSRACKS
Sec.131.10. Definitions.
The following words, terms
ascribed to them in this sect
"Director" means the
Inspections and Endv
"Heritage Preservation
designated and listed ay
Chapter 74. `
as part of the Saint Paul Legislative Code to read as
/phrases, when used in this Chapter, sha11 have the meanings
except where the contea�t clearly indicates a different meaning:
of the [Department of Public Works] [Office of License,
l Protection] of the City of St. Paul, or his or her designee.
means any azeas, places, or districts which have been duly
preservaflon districts pursuant to St. Paul Legisla6ve Code
"Implementation P riod" means the 180-day period of tune elapsing after passage, approval and
publication of ttri Chapter, but before the effective date of this Chapter, and during which time
the Director sh prepaze and execute a plan to implement this Chapter.
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1 "InstalP' or "instatled" means to place, affi�, erect, construct, operate or maintain a Newsrack.
2
3 "Newsrack° means any type of uwuanned device for the vending or free disiribution of
4 newspapers, news periodicals, advertising supplements, advertising periodicals, political
5 periodicals, and similar publications.
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"Newsrack Corral" or "Cotral" means arry three sided post and rail structure designed ��group
Newsracks in stable clusters. r
"Parkway" means those streets and auenues that are designated as pazkways and 'oulevazds
pursuant to St. Paul Legislafive Code sections 145.02 and 145.03.
"Responsible Person"means an individual who is listed on an applicati for a Certificate of
Compliance and who, on behalf of an Owner, may receive notice, res ond to complaints, and be
notified or contacted at any time conceming a Newsrack.
"Owner"means any person which either holds an ownership i rest in or operates a Newsrack
that it seeks to install or has installed in the Public Right of ay.
"Person" means any individual, person or entity, howeve organized, whether public or private,
whether domestic or foreign, whether for profit or nonp ofit, and whether natival, corporate, or
polifical. Examples include a business or commerci enterprise organized as any type or
combination of corporation, Innited liability comp , partnership, proprietorship, association,
cooperative, orjoint venture.
"Right-of-way" or "Public right-of-way" me e azea in, on or above a public roadway,
highway, street, cartway, boulevard, bicycle 1 e, sidewalk, parkway or a11ey which the City owns
or over which it has an easement or interest ncluding other dedicated rights-of-way, for public
ptuposes.
Sec.131.20 Purpose and criteria.
The purpose of this Chapter is to pr ote the public health; safety and welfaze through the
regulation of placement, type, app azance arid servicing of Newsracks on public rights-of-way so
as to:
(A) Provide for
federal hani
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driving safety and convenience, and comply with local, state or
;ibility regulations.
Restrict unreaso able interference with the public use of the public right-of-way and with
the flow of pe strian or vehiculaz traffic including ingress into or egress from any
residence or e of business, or from the street to the sidewallt by persons e�ting or
entering p ed or standing vehicles.
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(C) Provide for the safety of people and properry during periods of heavy snow, storms, and
other adverse weather conditions, and for the proper functioning of the City's safety and
sanitation forces.
(D) Provide reasonable access: (i) For the use and maintenance of poles, posts, traffic signs or
signals, hydrants, utility openings, delivery chutes, irash receptacles, bus or plaz�benches,
United States postal service mailboxes, pazking meters and other public fi�iites; and (ri)
To locations used for public hansportation purposes. '
(E) Relocate and/or replace Newsracks which result in a visual blight an�r excessive space
allocation on the public rights-of-way or which unreasonably detr &om the aesthetics of
store window displays, adjacent landscaping and other nnprove ents, both public and
private, as well as to remove abandoned Newsracks.
(F) Maintain and protect the values of surrounding
properry.
(G) Reduce unnecessary exposure of the public to
protect and preserve public
injury ar property damage.
(H) Treat all publications equally regardless of their ize, content, circulation, or frequency of
publication.
(I) Maintain and preserve freedom of speech d freedom of the press.
(� Protect and enhance the City of St. Pa s attraction to residents, tourists and visitors, and
serve as a support and stimulus to bus' ess and industry, by enhancing the visual and
aesthetic character and interest of th Citv.
Sec.131.30 Certificate of
No person shall install a Newsrack
Certificate of Compliance from the
of this Chapter. �
Sec.131.40 Agpiication
required.
in the public right of way without first obtaining a
xar for each Newsrack in accordance with the provisions
of Certiticate of Compliance.
(A) Issuing authoriry. e issuing and approving authority sha11 be the Directar. The
Director is respons' le for fairly coordinating and administering the physical placement of
Newsracks of the e and location herein specified, and upon compliance herewith is
responsible for ' suing the Certificates of Compliance.
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1 (B) Applications. The applicant, who must be an Owner of the Newsrack, shall file with the
2 Director a written application for a Certificate of Compliance for each proposed Newsrack
3 location which shall contain the following information and attachments: -
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5 (1) The name, address and telephone numbers of all Owners of the Newsrac�
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The name, address and telephone ntunber of a Responsible Person w om the City
may provide notice or contact at any time concerniug the Newsra�, which
notice, if given, shall bind and be deemed actual norice to the C�ner(s) of the
Newsrack. /
(3) The number of Newsracks and the proposed locarion of ch shown on a sketch
drawing showing dimensions to each curb, fiature, bui ' g, bus stop and other
landmarks, and a photograph of each location provi d by the applicant.
(4) The type or brand of Newsracks, including an ill stration and description of the
Newsrack.
(5) A fully executed hold harmless agreement s required by this Chapter.
(6) A certification, signed by an individua 'th the requisite corporate or other power
and authority to bind the applicant, w ch states that the applicant has reviewed,
understaxids, and wiil comply with 1 reyuirements of tlus Chapter.
(C) Issuance of Cert�cate of Compliance. pon a fmding by the Director that the applicant
and all owners of the Newsrack aze ' compliance with the provisions of this Chapter for:
(i) The proposed Newsrack locafio , and (ii) all other e�sting Newsrack locations, the
Director shall cause to be issued Certificate of Compliance. Such issuance shall be made
within fifteen (15) working day of the City's receipt of the completed application.
(D) Denial of Certificate of Co liance. If a Certificate of Compliance for one or more
Newsrack locations appli for shall be denied, the applicant shall receive notice of the
denial in writing within ifteen (15) working days of the City's receipt of the completed
application. The appl' ant shall be advised of the specific cause of each such denial by the
�)
Director. The applic t may amend the application and reapply for the same location, or
apply for a substi e alternative location, subject to a$5.0� re-processing fee for the first
re-application. y subsequent re-applications sha11 be subject to the standard application
fee. A denial ' sued during the Implementafion Period may be appealed under section
131.170 (I� Any other denials may be appealed under section 131.70.
Addition Certifzcate of Compliance. If, at any time after initial application for a
Certifi te of Compliance to install a Newsrack, an Owner wishes to install additional
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Newsracks at additional locations, then subsections (C) and (D) above aze to be repeated
in accordance with the provisions of this Chapter.
4 (F) Lapse of unused certifzcates. Any Ceriificate of Compliance not used to install a
5 Newsrack within thirty (30) days from the date of issuance shall be void and auton
6 deemed revoked, and the Owner's Newsrack shall not be installed at that location.
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(G) Transfer of title or control. Whenever a Newsrack for which a Certificate of Comghance
has been issued is sold, or title or control thereof transfeaed or assigned, the existing
Certificate of Compliance shall be void and automatically deemed revoked, and a new
Certificate of Compliance shall be required and obtained in accordance ' this Chapter.
Sec.131.50 Risk Management Requirements
Prior to the issuance of a Certificate of Compliance, every Newsrack er who desires to install
a Newsrack on a public right of way shall file a written Agreement t mdemnify and hold the City
1�uinless. This Agreement shall be in a form prescribed from ti to time by the City Attorney,
whereby the Newsrack Owner, in exchange for the ability to ins 1 its Newsrack on the public right
of way, agrees to indexnnify and hold hannless the City, its o cers and employees from any loss,
liability or damage (including costs, disbursements and atto ey fees) for bodily or personal injury,
including death, and for property damage sustained by an erson or entity as a result of a Newsrack
installed on the public right of way.
Sec.131.60 Fees.
There shall be a Certificate of Complianc
per Newsrack location. Denied applicatio
dollazs ($5.00) for the first re-examination
applications or locations are subject to
location requires a new application, w'c
sha11 be established in an amount s cie
the administration and e
used for such purposes.
Sec.131.70 Appeal
(A)
e app cation fee in the amount of ten dollars ($10.60)
ns r locations are subject to a re-processing fee of five
f the amended application or location. All additional
standard application fee. Moving a Newsrack to a new
h is subj ect to the standard application fee. Such fees
nt to reimburse the City for all its expenses incurred in
terms and provisions of this Chapter, and shall only be
If, after the effecf e date of this Chapter, a Newsrack Owner has reasonable grounds to
claun that an ap ication for a Certificate of Compliance has been wrongfiilly denied or
that a Certific e of Compliance has been wrongfully revoked or that a Notice of Violaflon
or a Notice f Removal has been wrongfully issued, and wants to appeal that
detern�iu on, the appealing Owner sha11, within ten (10) days of receipt of notice of
denial o revocation or Notice of Violation or Nofice of Removal, demand a review by
givin 'tten notice to the D'uector, and including in that notice any exhibits such as
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photographs or maps or affidavits which support the claim. No oral presentation shall be
permitted, and all grounds supporting the appeal sha11 be provided in writing. T'he
D'uector shall review the claim within fifteen (15) days of receipt of notice from the
appealing Owner. Within fifteen (15) days of the review, the Director shall pro ' e
written notice of the decision to the appealing Owner.
(B) Review during the Implementation Period for this Chapter shall be governed by Section
131.170(I�.
(C) If the appealing Owner believes the Director's decision of the a ea1 under section 131.70
(A) is in eaor, and the appealing Owner declines to amend the pplication and reapply as
provided in Section 131.40(D), the appealing Owner may fi a written request for a
review pursuant to Chapter 18, Legislative Hearing Office , of the City of St. Paul
Legislative Code.
Sec.131.80 Placement generally.
Newsracks may not be installed in any public right of w which is used regulazly or intended to
be used by motor vehicle traffic. Subject to the prohi tions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian eas. The closest edge to the street of any
Newsrack shall be installed paza11e1 to and not les an eighteen (18) inches nor more than
riventy-four (24) inches from the edge of the cur . Newsracks may also be installed, subject to
the prohibifions of this Chapter, near the wa11 a building if the closest edge to the building is
placed parallel to and not more than six (6) ' ches from the wa11. Newsracks shall not be installed
on the side towazd residen$al properiy, or n the side towazd lawns or grounds of business or
commercial proper[y. No Newsrack
Newsrack. Every Newsrack shall be
the street. No Newsrack sha11 be in �
signal, hydrant, United States Post�
equipment, pole or facility. �
�' be installed on the sidewalk opposite another
talled so as to open towazd the sidewalk, and not towazd
way installed or attached to any pole, post, traffic sign or
vice mailbox, parking meter or any other public fixture,
Sec. 131.90 Installation a d maintenance
(A) Newsracks sha11 t exceed sia�ty (60) inches in height, thirty (30) inches in width, or
twenty-four (24 ches in depth. The base shall haue a depth of at least 80% of the
median depth d shall haue a width of at least 80% of the median width of the box and
the base sh be fizlly enclosed so as to prohibit the introduction of foreign materials into
the base. ultilevel news racks shall be of uniform depth and width.
�
(C)
shall be manufactured from 20-gauge zinc grip steel or thicker.
;ks shall be, except as provided herein, uniformly forest green in color on a11
surfaces that are opaque, including all of the base, the back, the sides, and top.
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2 (D) No advertising signs or material, other than those dealing with the name of the publication
3 coutaiued withiu the Newsrack, shall be displayed on the outside of any Newsrack.
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Each Newsrack which receives coins shall be equipped with a coin-rehun mechanis�Cto
permit a person using the machine to secure an immediate refund in the event he�e�she is
unable to receive the publication paid for. The coin-retum mecl�anism sha11 be" maintained
in good working order. /'
(F) Each Newsrack shall ha�e stenciled or othenvise permanently
visible place so as to be seen by anyone using the Newsrack a
and address of the Owner of or the Responsible Person for th�a
telephone number of a working telephone service to call
Person or to report a malfunction, or to secure a refund i:
the coin-return mechanism, or to give the notice provid�
;d to it in a readily
� setting forth the nazne
�rack and the
ar the Responsible
the event of a malfunction of
for in this Chapter.
(G) Each Newsrack shall be maintained 'm a neat and c an condition and in good repair at a11
times. Specifically, but without limiting the gen ality of the foregoing, each Newsrack
shall be serviced and maintained, or replaced i ecessary, so that: (1) it is reasonably &ee
of dirt and grease; (2) it is reasonably free of 'pped, faded, peeling and cracked paint in
the visible painted areas thereof; (3) it is fr of graffiti or other wriring or pictures added
without the permission of the Owner or a ded in excess of that permitted by paragraph
(G) of this section; (4) it is reasonably ee of rust and conosion in the visible metal areas
thereof; (5) the clear plastic or glass p s thereof, if any, through which the publicafions
therein are viewed are unbtoken an reasonably free of cracks, dents, blemishes and
discolorarion; (6) the structural solid parts thereof are not broken, do not contain
holes (other than vent holes as p of the design of the Newsrack), and aze not unduly
misshapen; (7) the dispensing ortion of each box shall be fully enclosed and weatherproof
so as to keep publications and free of snow and dirt; (8) a11 surFaces shall be of sturdy
unpact resistant materials; d, (9) it sha11 contain no sharp corners or sharp protrusions.
(H) Newsracks shall carry� card holders or advertising, but may display the name, with
lettering and backgro d of any colors, of the publicafion being dispensed, 3n spaces in the
locarions and sizes et forth below:
(1) On the ont of the Newsrack. The lettering size shall not exceed one and three-
quarte s(1 inches height. The lettering shall be placed within a colored-band
spac not exceeding two and one-half (2'/2) inches in height above the door hinge.
(2) n the sides and back of the Newsrack. The lettering size shall not exceed two
and one-half (2 inches in height. The lettering shall be placed within a colored-
band space not exceeding four and one-half (4'h) inches in height and begimung
one (1) inch from the top of the Newsrack.
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Newsracks for free publications may omit the coin box and may have the pull bar welded
to the door to produce an "honor rack."
4 Sec. 131.95 Newsrack Corrals.
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Newsracks wrthin close pro�ty of one another suggests the need for certairi lunits on
the number and placement of Newsracks. ;'
Newsrack Corrals may be placed and maintained on the public sidewalks by any City
agency or district council at locations acceptable by the D'uector. The D'uector sha11-'
approve any proposed location where, as determined by the D'uector, substantial i
pedestrian traffic, sidewalk congestion or the presence of a significant number o�
(B) Subject to the 1'vnitations set forth elsewhere in this Chapter, includi Section
131.170(D), the Director shall develop equitable criteria to allocat space within a
Newsrack Corral, where necessary, giving first priority to News cks displaying
publications that are then currendy displayed within tlurty (30 eet of such Corral.
(C) Prior to approving any locations or making any determina 'ons, as set forth in Section
131.80, prior to developing any criteria for allocating sp e, as set forth in Secfion
131.170, and prior to promulgating any regulations m' g any determinations relating to
this Sec6on, including any deternunations conce ' the appropriate size of Conals at
particular locations, the Director shall consult wi epresentatives of relevant city
agencies, City Council, the relevant district
editions of publicarions intended for distrib
mentioned representatives shall submit to t]
approval and publication of this Ordinanc
locations of Corrals and proposed criteri�
and entities which issue regular
i on the public right-of-way. The above-
irector within ninety days ofpassage,
ry proposals regazding appropriate size and
allocation of space within the Corrals.
(D) Subject to the criteria established p uant to Section 131.95 (C) above, the Director sha11
allow any person to place or main a Newsrack within a Newsrack Corral, so long as
such person maintains such rac n conformity with a11 requirements of this Chapter and so
long as such person is not pro bited from placing such Newsrack at the location of such
Corral by any provision of s Chapter.
(E) No person shall place o aintain a Newsrack withiu a Newsrack Corral unless the
Newsrack is unobtrus' ely attached by cables, chains or otherwise to the Corral so as to
ensure stability of Newsrack.
(F) No person sh aintain a Newsrack within thirty (30) feet of a Newsrack Corral unless
such Newsra is lawfully placed withiu such Corral at such location.
Sec.131.100 S ecific prohibitions.
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No Newsrack shall be installed:
/
(A) Within five (5) feet of any marked crosswalk. �
(B) Within ten (10) feet of any unmazked crosswalk. �'
(C) VJithin ten (10} feet of any fize hydrant, fire ca11 box, police call box or otheF emergency
facility.
��
(D) On a public right of way where it is crossed by a public or private 'veway or alley, or
within five (5) feet of such public or private driveway or alley c ossing, or within five (5)
feet of the end of radius or side slope of such public or privat driveway or alley crossing
where the public or private driveway or alley enters any s et or highway.
(E) Within five (5) feet ahead of, and twenty-five (25) fee o the reaz of any official public
transit bus sign marking a designated bus stop, me ed along the edge of pauement.
(F) In or within five (5) feet of the curb in any maz d truck zone, passenger loading zone,
van pool loading zone, handicapped transfer ne or ambulance loading zone.
(G) Within three (3) feet of any bus bench, b shelter, or plaza bench.
(H) At any location whereby the cleaz sp e for passageway of pedestrians is reduced to less
than five (5) feet. In those azeas ' maximum sidewalk widths on any block side of less
than seven feet six inches (7'6"), e clear space for passageway of pedestrians shall be the
m�imum amount possible w' complying with the other provisions of this Chapter, but
in no event shall the clear spa e for passageway of pedestrians be less than ttu�ee feet sis
inches (3'6"). In those areas 'th maxunuxn sidewalk widths on any block side of less
than seven feet six inches '6"), there shall be no more than four (4) total Newsracks on
the same side of the s block whereby the clear space for passageway of pedestrians is
reduced to less than (5 feet.
(I) On any lawn or o r within twelve (12) inches of any azea improved with a hedge, a
boulevazd garde , ar flowers, or within three (3) feet of any tree.
(� In front of or thin one and one half (1'/Z) feet from any window of any building abutting
the sidewal or pazkway or in such a manner as to impede or interfere with the reasonable
use of su window for display purpose, or within four (4) feet of a building entrance.
(K) On or thih two (2) feet of any pole, post, street light, utility pole, traffic sign or signal,
Uni d States Postal Service mailbo� parking meter, trash receptacle or other public
Page 9 of 16
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(L) Chained or bolted or otherwise attached to any property not owned by the Owner of the
Newsrack or to any permanenfly fiYed object without the prior written consent of such
property owner. Such written consent shall be promptly fiunished to the City upon
request. i
(Ivn By being chained to moze than two other Newsracks. A maximum of thre ewsracks
may be chained or physically joined togetber in banks if each of them mpiy with the
requirements of this Chapter and they are joined together in a maun that does not
present a hazard to the public. Any bank of three (3) Newsracks, hether chaiued or
unchained, and which aze sepazated individually in any case by ess than three feet, which
are placed on the curb or street side of a sidewallc must be at east three (3) feet from any
other Newsrack, except when located within a Newsrack rral pursuant to Section
131.95.
�
(0)
�')
No two Newsracks displaying or offering the same p lication for sale or distribu6on may
be placed or maintained within thirty (30) feet of o e another, unless such Newsracks are
across the street from one another; provided, how ver, that no more than three Newsracks
displaying or offering the same publication for e or distribution may be placed or
maintained at or within fliirty (30) feet of any ne intersection.
In violarion of local, state or federal
That exceeds 42 inches in height and
street intersection. ,
That exceeds 42 inches in
and alley intersection.
accessibility regularions.
a distance of twenty (20) feet from any
is within a distance of ten (10) feet from any street
(Q) Over, above or on top of public utility opening, delivery chute, areaway access or
other access through the 'ght of way.
(R) Upon or Within 15 fe of any Parkway or Heritage Preservafion District.
Sec.131.110 Enforcem t procedures - Nonconforming Newsracks.
(A) Any Newsrac stalled in violafion of the provisions of this Chapter shall be tagged with
a"Notice of iolation" stating the violation, date of tagging, notice of intention to remove
the Newsx k and revoke the Certificate of Compliance if the violation is not corrected
within te (10) days and specifying the procedure for obtaining a hearing and oppominity
to be h d regazding the violation using the procedures set out in section 131.70. The
Dire or shall also provide notice to the Owner or Responsible Person thereof by sending
a c py of the "Notice of Violation" to the person listed in the applica6on, if any, pursuant
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to section 131.40(B), or to the person listed on the nofice affiYed to the Newsrack as
reguired by section 131.90(E).
(B) The D'uector may, as an altemative to tagging and revoking the Certificate of Co pliance
have such newsrack(s) moved, aligned or otherwise reposirioned in order to re re them
to a legal condition.
(C) Any Newsrack wluch has been tagged and remains in violation of the pr 'sions stated on
the tag past the ten-day conection period, and for which no Appeal h been requested
pursuant to section 131.70 during that ten-day cozrection period, sh 1 be removed and
stared in a secure locarion, and the Certificate of Compliance s be automatically
deemed revoked.
(C)
(1) The Director sha11 provide notice to the Owner or
sending a"Notice of Removal" to the person list
pursuant to section 131.40(B) or to the person ' t
Newsrack as required by section 131.90(E). ch
Person thereof by
in the application, if any,
d on the notice affixed to the
notice shall state the date the
Newsrack was removed, the reasons theref , and the procedure for obtaining a
post-removal hearing and opportunity to heard regarding the removal using the
Appeal procedures set out in section 131 0.
(2) Any such Newsrack removed and
released to the Owner or Responsi
(45) days after such removal and
removal and storage. Upon fail e
such Newsrack and pay the r ot
mailing of written notice of mo�
unclanned or abandoned
outlined in the Saint Pau
sto ed pursuant to these provisions shal] be
b Person thereof if claimed within forty-five
on the payment of reasonable charges of
of the Owner or Responsible Person to claim
.able charges within forty-five (45) days after the
�al, such Newsrack shall be deemed to be
and may be disposed of pursuant to provisions
ive Code relating to unclanned or abandoned
property, but without t�e requirement of fiuther hearings or no6ces.
Any Newsrack in violatio of the provisions of this Chapter, which violation oreates an
immediate and substanfi danger to the health, safety or welfare of the public, which
violation cannot be qui y and easily conected by moving or otherwise repositioning the
Newsrack, may be s arily removed and stored in a secure location so as to eliminate
the danger to the he th, safety and welfare of the publia The Directar shall subsequently
provide notice to e Owner or Responsible Person as otherwise outlined in this secfion
and allow for a st-deprivation hearing.
Sec.131.120
(A) A
Newsracks.
6k shall be deemed abandoned when no publication provided by a registered
Owner is in the Newsrack for a period of more than thirty (30) consecutive days.
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If an abandoned Newsrack, as determined by the Director pursuant to this secrion, is in a
location registered by a Certificate of Compliance, then that Certificate of Compliance shall
become void and be automatically deemed revoked, and the location shall become a,vailabie
to other Owners exclusively for a period of ninety (90) days. /
(B) A Newsrack location shall be deemed abandoned when the Newsrack regis red to the
location is not installed in its registered location for a period of more thirry (30)
consecutive days. If a Newsrack location is abandoned, as determined y the Director
pursuanttothissection,thentheCertificateofComplianceforthatlocati shallbecomevoid
and be automatically deemed revoked, and the location shall bec e available to other
Owners exclusively for a period of ninety (90) days.
(C) In the event a Newsrack Owner desires to voluntarily aban n a Newsrack location, the
Owner shall provide notice to the Director, completely remo e the Newsrack and restore the
public right-of-way to a safe condition, leaving no trace.
(D) When the Director shall find an abandoned Newsrack n the public right of way within the
city, the Director shall cause a Notice of Violatio to be placed upon it pursuant to the
procedures established in section 131.110.
Sec.131.130 Severability.
If any section, subdivision, sentence, clause o other part of this Chapter should be adjudged
void or of no effect, such decision shall no affect the validity of any other portions of this
Chapter.
Sec. 131.140 Rights of Underlyin ee Title Owner
This Chapter shall not in anyway 1' 't, lessen, or derogate the rights of ownership or control,
if any, of any owner of the un rlying fee title of any City right of way covered by this
Chapter.
Sec.131.150 Annlicatio To Other Governmental Units
This Chapter shall not ply to other govemmental units or in any way derogate their power
to regulate their prop or rights of way. All registrations under this Chapter are subject
to the authority of y other governmental unit.
Sec.131.160 Nature �f Permission
Permission t uistall a Newsrack on a public right of way is at the sufferance of the City. No
property ri t of any kind is intended or created. The City may at any time, either pursuant
to the pr visions of this Chapter or by ordinance amendment withdraw or modify its
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pernussion. All permission is subject to continual compliance with the provisions of flus
Chapter. If the physical surroundings of a Newsrack, which was legally located when
originally installed, change so that the Newsrack can no longer comply with sections 131.8Q,
131.100 or any other sections of this Chapter, then it shall be immediately removed by �
owner and its continuing presence shall be a violation subject to remedy under sectipn
131.110. 1
Sec.131.170 Implementation
The D'uector shall implement and administer this Chapter. The Director sha11 repare and
execute a plan to implement tius Chapter during the Implementation Period c nsistent with
the espressed purposes and provisions of this Chapter and consistent with e City of Saint
Paul Legislative and Administrative Codes and Charter. This plan s be guided by the
following:
(A) All determinations regarding Newsracks shall be content neutral.
(B) No preference shall be given to any particular type of
(C) After the Implementation Period of this Chapter, a11 a lications for a Certificate of
Compliance for any specific location which is permitted by e provisions of this Chapter sha11
be allocated on a first come, first served basis. Appli fions shall be date stamped when
received with the time of receipt noted.
(D) During the Implementation Period of this Chap r, priority allocation of Certificates of
Compliance for any specific location shall be g erned by a system designed, to the extent
reasonably possible, based on the nuxnber o locarions that are in compliance with this
Chapter, and according to the following pri 'fies in the following order:
(1) Locations on a specific side of specific City block are to be allocated to those
Newsracks that reasonably pro e to the Director that they were previously installed
(as of a date determined by e Director) on that specific block side.
(2) If necessary, the Directo shall construct a random allocation system for Newsracks
that reasonably prove the Director that they were previously installed (as of a date
determined by the ector) on a specific block side, and then randomly allocate
locations on that b ck side ar an adjacent block side as close to the previous location
as the requirem ts of this Chapter and the assigned priority level allow.
(3) Ifnecessary the Director shall construct a random allocation system for Newsracics
thatwere otpreviouslyinstalled,orthatcannotreasonablyprovetotheDirectorthat
they we e previously installed, (as of a date deternuned by the Director) on a specific
bloc ide and, and then randomly allocate locations on that block side or an adjacent
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block side as close to the requested location as the requirements of this Chapter and
the assigned priority level allow. These locations shall be allocated after the
allocations in the previous pazagraphs (D)(1) and (D)(2) above.
(E) The Director may, with reasonable notice (which may include notice on the City's Wor
VJide Web home page), establish application deadlines that occur no greater than ninety 0)
days prior to the end of the Implementation Period, for those Newsracks that app for
priority ailocation of Certificates of Compliance for any specific location pro 'ded in
pazagraph (D) of this section.
(F) The D'uector, to the estent reasonably possible, shall give notice of the oposed priority
allocafion of Certificates of Compliance to a11 Owners that apply for ority allocation as
ptovided in paragraph (D) of this section, at least fifty (45) days 'or to the end of the
Implementation Period for this Chapter.
(G) The Director may authorize the placement of warning notic on Newsracks at any time
during the ImplementaUon Period which state that all News ks aze subject to removal on
the specified effective date of this Chapter unless they ve obtained a Certificate of
Compliance pursuant to this Chapter. Each such warni.
regarding inquiries and the location for obtaining a Cer�
notice shall contain information
of Compliance.
(H) If, during the Implementation Period, a Newsrack O er has reasonable grounds to claim that
a Certificate of Compliance has been wrong ly denied, and wants to appeal that
deternrination, the appealing Owner shall, withi five (5) days of receipt of nofice of denial,
demand a review by giving written norice to e Director, and including in that notice any
e�ibits such as photographs or maps or idavits which support the claun. No oral
presentation shall be permitted, and all gro ds supporting the appeal shall be provided in
writing. The Director sha11 review the cl ' within ten (10) days of receipt of notice from the
appealing Owner. Within ten (10) day of the review, the Director sha11 provide written
notice of the decision to the annealin Owner.
(I) Ifthe appealing Owner believes th D'uector's decision ofthe appeal under Section 131.170
(H) is in error, the appealing O er may file a written request for a review pursuant to
Chapter 18, Legislative He Officer, of the City of St. Paul Legislative Code.
Section 131.180 Notice.
Unless otherwise spec cally provided for in this Chapter, any notice wiuch may be required
to be ar is given s 1 be in writing and shall be deemed received when it is either. (i)
Personally deliver , or (ii) Placed in the Certified U.S. Mail, rehun receipt requested.
Section 3
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Saint Paul Legislative Code Sections 18.01 and 18.02 aze hereby amended to read as follows:
Sec.18.01. Legislative hearing afficer.
In order to heaz and decide appeals of orders, decisions or determinations m by the
enforcement officers relative to the enforcement of health, housing, building or codes
contained in the Saint Paul Legislarive Code, as well as eals of decisions m e relative to
Newsracks under secfions 131.70 (Cl and 131.170 (I� of the St. Paul Legisla ' e Code there
shall be and is hereby created a legislarive hearing officer. The legislative aring officer shall
beaCityofSaintPaulemployeeappointedbythepresidentofthecity cil.Thelegislative
hearing officer shall have the authoriry to hear appeals to orders, dec' ions or determinations
of the enforcement officers and make recommendations to the ity council. The hearing
officer sha11 not have the power to grant waivers of the Minnes ta State Building Code. All
matters, orders, decisions and determinations of the hearing o cer shall be forwarded to the
city council in resolution form within ten (10) days of the aring officer's acfions. The city
council shail have the authority to approve, modify, rev se, revoke, wholly or partly, the
hearing o�cer's orders, decisions or determinafions an shall make such order, decision or
determination as ought to be made.
Sec.18.02. Hearing petition, filing, fee, notice.
Any property owner affected by any order whi has been issued in connection with the
enforcement of a health, housing, building or ire code, or any rule or regulation adopted
131.70 C or 131.170 I of the St. Paul Le slative Code, may request and shall be granted
a hearing before the legislative hearing offi9 r on all matters set forth in such notice; provided,
that such property ar Newsrack owner all first file with the legislative hearing officer a
written petition requesting such hearin d setting forth a brief statement ofgrounds therefor
within ten (10) days after the date th original notice of code violations, or within ten (10�
da s after the date the Newsrack cision under sections 131.70 C or 131.1 0 was
issued.
The filing fee for such pefitio shall be twenty-five dollars ($25.00) except that where there
is financial hazdship, the he ' g officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such tition, the hearing officer shall set a time and place for such hearing
and shall give the p ioner written notice thereof. The hearing shall be commenced not later
than thirty (30) s after the date on which the petition was filed.
Section 4
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ORIGi�1AL
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Sections 131.90(A) and (B) of Section 2 of tlus Ordivance shall become effective two yeazs
following its passage, approval and publication. All other provisions ofthis Ordivauce shall
become effecfive 180 davs followin¢ its nassage_ annroval and nuhl;catinn
council
By. -'
Randy Lebedoff
Vice Presitlent antl
General Caunsel
(612) 673-4600 FAX: (672) 673-4607
425 Portiartd Avenue
Minneapoiis, Minnesota 55488-0002
November 22, 2000
DELIVERY BY HAND
ia�� R�II?1?2y
City Council - Ward 4
City Hall - Room 310D
15 West Kellogg Blvd.
St. Paul, MN 55102
Deaz Council Member Benanav:
�6� ���
I write to protest the passage of the proposed newsrack ordinance. We have made enormous
progress working with Councilman Coleman and the other members of the Council to try to
arrive at an ordinance which would address the issues of concern to the Council but not place an
undue burden on the newspapers which will be affected. We aze close with this ordinance, but
the issues which remain aze significant and place a large and costly burden on the Staz Tribune.
These issues include:
1. The numerous placement requirements which require Star Tribune to
review the geography and signage of each block in the city to determine
whether nlacement is allowed.
2. The reporting requirements which require the Star Tribune to file a report
concerning ali of its newsracks each rime a rack is added oz moved.
3. The rack card requirement which unconstitutionally limits what can be
said to advertising the "name" of the paper.
Finally, the ordinance itself has the effect of harn�ing competirion in the newspaper indushy by
favoring and fixrther entrenching newspapers such as the Pioneer Press at the expense of all other
paid newspapers (like USA Today, New York Titnes, Chicago Tribune and Star Tribune). This
is because the vast majority of readers obtain the Pioneer Press within St. Paul through home
delivery, while the main method of distribution by most, if not all, other paid newspapers within
the city is through newsracks.
\
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Presented By
Referred To
Council FiZe # QQ � �SQ
Ordinance #
Committee Date :
A legislative ordinance
to regulate newsracks that aze located
within public rights of way.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
�3
Section 1
Saint Paul Legislative Code Chapter 128 is hereby repealed.
Section 2
A new Chapter 131 is hereby enacted as part of the 5aint Paul Legislative Code to read as
follows:
CHAPTER 131 NEWSRACKS
Sec.131.10. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this section, except where the context ciearly indicates a different meaning:
"Director" means the Director of the {Department of Public Works} {8€€e� - `�i��
f the City of St. Paul, or his or her designee.
°Heritage Preservation DistricP' means any areas, places, or districts which have been duly
designated and listed as heritage preservation districts pursuant to St. Paul Legislative Code
Chapter 74.
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1 "Implementation Period" means the 180-day period of time elapsing after passage, approval and
2 publicafion of this Chapter, but before the effective date of tlus Chapter, and during which time
3 the Duector shall prepaze and execute a plan to implement this Chapter.
4
'7nstall" or "instaZled" means to place, affi�c, erect, constnict, operate or maintain a Newsrack.
6
7 "Newsrack" means any type of unmanned device for the vending or free distriburion of
8 newspapers, news periodicals, advertising suppiements, advertising periodicals, political
9 periodicals, and similar publicarions.
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"Newsrack Corral" or "Corral"means any three sided post and rail structure designed to group
I�iewsracks in stable clusters.
"Parkway" means those streets and avenues that are designated as pazkways and boulevazds
pursuant to St. Paul Legislative Code sections 145.02 and 145.03.
"Responszble Person"means an individual who is listed on
�iRnee a Master List of newsrack locafions �ursuant to section 131.40 and who, on behalf
of an Owner, may receive notice, respond to complaints, and be notified or contacted at any time
concerning a Newsrack.
"Owner" means any person which either holds an ownership interest in or operates a Newsrack
that it seeks to install or has installed in the Public Right of Way.
25 "Person" means any individual, person or entity, however organized, whether public ar private,
26 whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or
27 political. Examples include a business or coxnmercial enterprise organized as any type or
28 combination of corporarion, limited liability company, partnership, proprietorship, association,
29 cooperative,orjoint venture.
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31 "Right-of-way" or "Public right-of-way" means the area in, on or above a public roadway,
32 highway, street, cartway, boulevard, bicycle lane, sidewalk, parkway or alley which the City
33 owns or over which it has asa easement or interest, including other dedicated rights-of-way, for
34 public purposes.
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Sec. 131.20 Purpose and criteria.
The purpose of this Chapter is to promote the public health, safety and welfare through the
regulation of placement, type, appeazance and servicing of Newsracks on public rights-of-way so
as to:
(A) Provide for pedestrian and driving safety and convenience, and comply with local, state
or federal handicapped accessibility regulations.
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1 (B) Restrict unreasonable interference with the public use of the public right-of-way and with
2 the flow of pedestrian or vehiculaz traffic including ingress into or egress from any
3 residence or place of business, or from the street to the sidewalk by persons e�ting or
4 entering parked or standing velaicles.
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6 (C) Provide for the safety of people and property during periods of heavy snow, stotms, and
7 other adverse weather conditions, and for the proper funcfioning of the City's safety and
8 sanitation forces.
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10 (D) Provide reasonable access: (i) For the use and maintenance of poles, posts, traffic signs or
11 signals, hydrants, utility openings, delivery chutes, trash receptacles, bus or plaza
12 benches, United States postal service mailboxes, parking meters and other public fixhues;
13 and (ii) To locations used for public transportation purposes.
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(E) Relocate and/or replace Newsracks which result in a visual blight and/or excessive space
allocation on the public rights-of-way or which unreasonably detract from the aesthetics
of store window displays, adjacent landscaping and other improvements, both public and
private, as well as to remove abandoned Newsracks.
�)
(G)
(H)
(I)
(J)
Maintain and protect the values of surrounding properties, and protect and preserve
public property.
Reduce unnecessary exposure of the public to personal injury or property damage.
Treat all publications ec{ually regardless of their size, content, circulation, or frequency of
publication.
Maintain and preserve freedom of speech and freedom of the press.
Protect and enhance the City of St. Paul's attraction to residents, tourists and visitors, and
serve as a support and stimulus to business and industry, by enhancing the visual and
aesthetic character and interest of the City.
Sec. 131.30 Master List and Corresponding Sticker or
Statement required.
No person shall install a Newsrack on or in the public right of way without first �
submittine to the Director a Master List that contains the location
of each newsrack and the items described in section 131.40. and without first affixin tg o the
Newsrack a sticker or statement pursuant to section 131.90 (E) �__ _,. _ti ..r .__ ___,,,. :_ _,. ,__�,.__ _„
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Sec. 131.40 Submission of Master
List and other items.
(A) . Duties o
Director. The Director is responsible for fairly coordinating and administering the
physical placement of Newsracks ,
as provided
for in this Chaoter. for ensurine that the items described in ttus Chaapter aze roroerly
submitted. and for enforcint? this Ordivance.
,.r.t_ i.1,."'__'_t_ _ti_n ri„ __�.t ,.ti_
�ayye«.uccvisa. iii� uYYiia.cuiy wia� uausc ua. c¢rv �
Submissions. Before
anv Newsrack may be installed, and at least everv three (3) months thereafter, each
Newsrack Owner sha11 submit to the Director a Master List. as well as any fee, hold
harmless agreement, and certification required under this section. The Master List shall
s eci each �e�ese� Newsrack location in nuxnerical order and �v�ek shall contain the
following information and attachments:
(1) The name, address and telephone numbers of °"�rro�,r3 each Owner of the
Newsrack.
(2) The nazne, address and telephone number of a Responsible Person whom the City
may provide notice or contact at any time concetning the Newsrack(s), which
notice, if given, shall bind and be deemed actual notice to the Owner(s) of the
Newsrack.
(3) The s e_p cific location of each Newsrack
listed individuallv and numerically, including anv identifyin¢ information for the
location, such as a corresroondine street address and specific corner of an
intersection, where a�plicable.
, , , ,
(4) Information that allows the Director to easilv determine whether each Newsrack
location contained in the list is: (1) a new location (relative to the most recent
Master List submitted�(2) an existin�location (relative to the most recent Master
List submittedl, or (31 that a Newsrack location has been removed from the list.
(5)
(6)
>�
�'-- •°-- '- The fee, if any, as established nursuant to section 131.60.
rccwsru@�c
A fully executed hold hazmless agreement as required by this Chapter.
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1 (� A certification, signed by an individua] with the requisite corporate or other power
2 and authority to bind the applicant, wluch states that the applicant has reviewed,
3 uaderstands, and will comply with a11 requuements of tUis Chapter, and that all
4 informarion contained in the Master List is truthfiil_ accurate, complete and u-p YO_
5 date.
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Sec. 131.50 Risk Management Requirements
Prior to installation. , very Newsrack Owner who
desires to install a Newsrack on a public right of way shall file a written Agreement to indemnify
and hold the City harmless. This Agreement shall be in a form prescribed from tune to time by the
City Attorney, whereby the Newsrack Owner, in exchange for the ability to install its Newsrack on
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the public right of way, agrees to indemnify and hold hazmless the City, its officers and employees
from any loss, liability or da�nage (including costs, disbursements and attorney fees) for bodily or
personal injury, including death, and for properiy damage sustained by any person or entity as a
result of a Newsrack installed on the public right of way.
Sec.131.60 Fees.
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The fee. if any, shall be in an amount sufficient to reimburse the City for a11 its expenses incurred
in the aduiinistrafion and enforcement of the terms and provisions of this Chapter, and the fee
shall oniv be used for such putposes. The fee ma�onl�e imposed following the roreuaration of
a report from the Director to the Council describing all such expenses, shall be based on the
number of Newsracks placed in the �ublic ri�ht-of-wav bv Newsrack Owners, and shall be
established from time-to-time bv resolution of the Citv Council.
Sec.131.70 Appeal
(A) If, after the effective date of this Chapter, a Newsrack Owner has reasonable grounds to
claim that
a Notice of
Violafion or allotice of Removal has been wrongfully issued, and wants to appeal that
determination, the appealing Owner shall, within ten (10) days of receipt of the ����
�.._: _, __ _._ __,..: __ __ Notice of Violation or Notice of Removal, demand a review by
giving written notice to the Director, and including in that notice any e�ibits such as
photographs or maps or affidavits which support the claun. No oral presentation shall be
pernutted, and a11 grounds supporting the appeal shall be provided in writing. The
Director sha11 review the claim within fifteen (15) days of receipt of notice from the
appealing Owner. Within fifteen (15) days ofthe review, the Director shall provide
written notice of the decision to the appealing Owner.
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(B) If the appealing Ovmer believes the D'uector's decision of the appeal under section
131.70 (A) is in error,
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. , the appealing Owner may file a written request
for a review pursuant to Chapter 18, Legislarive Hearing Officer, of the City of St. Paul
Legislative Code.
Sec. 131.80 Placement generally.
Newsracks may not be installed in any public right of way which is used regutarly or intended to
be used by motor vehicle traffic. Subject to the prohibitions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian areas. The closest edge to the street of any
Newsrack shall be installed pazallel to and not less than eighteen (18) inches nor more than
twenty-four (24) inches from the edge of the curb. Newsracks may also be installed, subject to
the prohibitions of this Chapter, neaz the wall of a building if the closest edge to the building is
placed parallel to and not more than six (6) inches from the wall. Newsracks shall not be
installed on the side towazd residenrial property,
-- `` -- anoa�r"�i� Every Newsrack shall be installed so as to open toward the sidewalk, and not
towazd the street. No Newsrack shall be in any way installed or attached to any , , h�affic
sign or signal, hydrant, United States Postal Service mailbox, or parking meter �
, ,
Sec.131.90 Installation and maintenance
(A) Newsracks shall not exceed sixty (60) inches in height, tlurry (30) inches in width, or
twenty-four (24) inches in depth.
aL-� Multilevel news racks shall be of uniform depth and width.
-- - - - - ---- • -- - -
(B)
(C)
No advertising signs or material, other than those � advertisine the name of
the publicafion contained within the Newsrack, shall be displayed on the outside of any
Newsrack.
Each Newsrack which receives coins shall be equipped with a coin-return mechanism to
permit a person using the machine to secure an immediate refund in the event he or she is
unable to receive the publication paid for. The coin-retum mechanism shall be
maintained in good working order.
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i (D) Each Newsrack shall have stenciled or otherwise permanently affi�ed to it in a Leadily
2 visible place a notice setting forth the
3 name and address of the Owner of or the Responsible Person for the Newsrack and the
4 telephone number ' to call the Owner or the Responsible
5 Person or to report a malfunction, or to secure a refund in the event of a malfimction of
6 the coin-return mechanism, or to give the notice provided for in this Chapter.
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(E) In order to verifv comuliance with the Master List reqnirement in sections 13130 and
131.40. each Newsrack shall have stenciled or otherwise�ermanenflv affi�ed to it in a
readilv visible place a sticker or notice verifyiue that the Newsrack has been listed on a
Master List nreviously submitted to the Director, and statine the month, yeaz, and
correspondin� number of the Newsrack on that list.
The Director mav, however, substitute a reasonable alternative to the "corresponding
number" requirement in the rorecedint? pazagraph. provided that any such alternative must
assist the Director in verif�ne compliance with the Master List requirement.
(F) Each Newsrack sha11 be maintained in a neat and clean condition and in good repair at all
times. Specifically, but without limiting the generality of the foregoing, each Newsrack
shall be serviced and maintained, or replaced if necessary, so that: (1) it is reasonably free
of dirt and grease; (2) it is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted azeas thereof; (3) it is free of graffiti or other writing or pictures added
without the pernussion of the Owner
HH}s€�s-seetiea; (4) it is reasonably free of rust and conosion in the visible metal areas
thereof; (5) the clear plastic or glass parts thereof, if any, through which the publicafions
therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and
discoloration; (6) the sriuctural and solid parts thereof aze not broken, do not contain
holes (other than vent holes as part of the design of the Newsrack), and are not unduly
misshapen; (7) the dispensing portion of each box sha11 be fully enclosed and
weatherproof so as to keep publications dry and free of snow and dirt; (8) all surfaces
shall be of sturdy impact resistant materials; and, (9) it shall contain no sharp corners or
sharp protrusions.
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::.: : . .: . . : : . . . . ::e�!'r�:a�e�":�s�_"��: : � - - - - - - - - - - -
4 (G) Newsracks for free publications may omit the coin box and may have the pull baz -
5 attached to the door to produce an "honor rack."
6
7 Sec.131.95 Newsrack Corrals.
9 (A)
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Newsrack Corrals may be placed and maintained on the public sidewalks by any City
agency or district council at locations acceptable by the Director subject to th�rovisions
of this section. The Director s�a3� mav approve any proposed location where, as
determined by the D'uector, substautial pedestrian traffiq sidewalk congestion or the
presence of an excessive number of Newsracks within close pro�cimity of one another
suggests the need for certaiu limits on the number and placement of Newsracks.
(B) Subject to the lnnitations set forth elsewhere in this Chapter,�g-See�iea
i3i-i�A(B} the Director shall develop equitable criteria to allocate space within a
Newsrack Corral, where necessary, giving first priority to Newsracks displaying
publications that aze then currently displayed within thiriy (30) feet of such Conal.
(C) Priorto ,
• , ,
. ,
, ' installine
Corrals at particular locations, the Director shall consult with and solicit the views of
representatives of relevant city agencies, City Council, the relevant district council(s) and
entities which issue regular editions of publications ' distributed
on the public right-of-way.
,
(D) Subject to the criteria established pursuant to Section 131.95 (C) above, the Director shall
a11ow any person to place or maintain a Newsrack within a Newsrack Conal, so long as
such person maintains such rack in conformity with all requirements of this Chapter and
so long as such person is not prohibited from placing such Newsrack at the location of
such Corral by any provision of this Chapter.
(E) No person shall place or maintain a Newsrack within a Newsrack Corral unless the
Newsrack is unobhusively aitached by nlastic coated cables, plastic coated chains or
otherwise to the Conal so as to ensure stability of the Newsrack.
Page 9 of 17
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1 (F) No person shall maintain a Newsrack within �{38j twenty-five (251 feet of a
2 Newsrack Corral unless srxek the Newsrack is lawfully placed within s�xek the Corral at
3 snek that location.
4
5 Sec. 131.100 Specific prohibitions.
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No Newsrack shall be installed:
(A)
�)
(C)
Within €rae-{3}three 3 feet of any marked crosswalk.
Withiu�en-(�9j three 3 feet of any unmazked crosswalk.
Within ten (10) feet of any fire hydraut, fire call box, fire stand nine, police call box or
other emergency facility.
16 (D) On a public right of way where it is crossed by a public or private driveway or alley, or
17 within five (5) feet of such public or private driveway or a11ey crossing, or within five (5)
18 feet of the end of radius or side slope of such public or private driveway or alley crossing
19 where the public or private driveway or alley enters any street or highway.
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�)
(F)
(G)
(H) At any location whereby the clear space for passageway of pedestrians is reduced to less
than five (5) feet. In those areas with maximum sidewalk widths on any block side of
less than seven feet six inches (7'6"), the clear space for passageway of pedestrians shall
be the masimum amount possible while complying with the other provisions of this
Chapter, but in no event shall the cleaz space for passageway of pedestrians be less than
three feet six inches (3'6"). In those azeas with maximum sidewalk widths on any block
side of less than seven feet six inches (7'6"), there shall be no more than four (4) total
Newsracks on the same side of the same block whereby the cleaz space for passageway of
pedestrians is reduced to less than (5) feet.
(I)
��
Within five (5) feet ahead of, and twenty-five (25) feet to the reaz of any official public
transit bus sign mazking a designated bus stop, measured along the edge of pavement.
In or within five (5) feet of the curb in any marked truck zone, passenger loading zone,
van pool loading zone, handicapped transfer zone or ambulance loading zone.
Within three (3) feet of any bus bench, bus shelter, or plaza bench.
On any lawn or on or within twelve (12) inches of any azea improved with a hedge, a
boulevazd gazden, or flowers, or within three (3) feet of any tree.
' Within one and one half (l i/z) feet from any window of any building
abutting the sidewalk or parkway or in such a manner as to impede or interfere with the
Page 10 of 17
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1 reasonable use of such window for display purpose, unless nermission has been obtained
2 from the paztv havina lesal authority over the window. or within four (4) feet of a
3 building entrauce.
4
5 (K) On, attached to, or within two (2) feet of any , ,' , traffic
6 sign or signal, United States Postal Service mailbox, pazking meter, or trash receptacle er
7 et�er-��.
9 (L) Chained or bolted or otherwise attached to any properry not owned by the Owner of the
10 Newsrack or to any permanently fised object ' if
11 the properry owner obiects.
12 upen-�eq�es� Provided. however, that onlv attachment devices that do not dama�e the
13 �ropeztv. such as coated chains or cables. shall be used and that bxattaching to such
14 propertv the Newsrack Owner expressly_a�xees that the pronertv owner mav revoke the
15 pernussion and may remove the chains or cables without notice and without cause at anv
16 time.
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In Herita¢e Preservation Districts, no more than three (3) Newsracks may be chained or
ph sicallv�inedtogether.
30 No two Newsracks displaying or offering the same publication for sale or distribution
31 may be placed or maintained within twen 20 t3�irE�{383 feet of one another, unless
32 such Newsracks are across the street from one another; provided, however, that no more
33 than three Newsracks displaying or offering the same publication for sale or distribution
34 may be placed or maintained at or within twen 20 #3�r�{38j feet of any one
35 intersection.
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(Ivn By being chained to more than �we{z'�j five 5 other Newsracks. A maximum of fi3�ree
(3j six 6 Newsracks may be chained or physically joined together in banks if each of
them ea�}p complies with the requirements of tlus Chapter and they aze joined together
in a manner that does not present a hazard to the public. Any bank of �) six 6
Newsracks, whether chained or unchained,
that are placed on the curb or street side of a
sidewalk must be at least three (3) feet from any other Newsrack, except when located
within a Newsrack Corral pursuant to Section 131.95.
Tn violation of local, state or federal handicapped accessibility regulations.
That exceeds €ert�-twe-(�2j s' 60 inches in height and is within a distance of twenty
(20) feet from any street intersection.
That exceeds £+��-t�ae-E42� s� 60 inches in height and is within a distance of ten (10)
feet from any street and alley intersection.
Page 11 of 17
do�53'0
2 (Q) Over, above or on top of any public utility opening, delivery chute, azeaway access or
3 other access through the right of way.
4
5 (R) Upon any Pazkway. unless the adiacent prope is �runazilX
6 devoted to commercial or industrial uses .
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8 Sec. 131.110 Enforcement procedures - Nonconforming Newsracks.
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(A) Any Newsrack insCalled in violation of the provisions of this Chapter shall be tagged with
a"Notice of Violation" stating the violation, date of tagging, and notice of intention to
remove the Newsrack if the violation is not
conected within ten (10) days and specifying the procedure for obtaining a hearing and
opportunity to be heard regarding the violation using the procedures set out in section
131.70. The Directar shall also provide notice to the Owner or Responsible Person
thereof by sending a copy of the "Notice of Violation" to the person listed in the
a�iea�ien Master List, if any, pursuant to section 131.40 fBj, or to the person listed on
the notice affixed to the Newsrack as required by section 131.90�Ej.
�
(C)
The Directoz may, as an altemative to tagging
�ee, haue such Newsrack(s) � realigned or otherwise repositioned in order
to restore them to a legal condirion.
Any Newsrack which has been tagged and remains in violation of the provisions stated on
the tag past the ten-day correction period, and for which no Appeal has been requested
pursuant to secrion 131.70 during that ten-day correction period, shall be removed and
stored in a secure location,
.,_____�.
(1) The Director shall provide notice to the Owner or Responsible Person thereof by
sending a"Notice of Removal" to the person listed in the a�ieatie�Master List�
if any, pursuant to section 131.40($j or to the person listed on the notice affixed
to the Newsrack as required by section 131.90 fEj. Such notice shall state the date
the Newsrack was removed, the reasons therefore, and the procedure for obtaining
a post-removal hearing and opportunity to be heazd regazding the removal using
the Appeal procedures set out in section 131.70.
(2) Any such Newsrack removed and stored pursuant to these provisions shall be
released to the Owner or Responsible Person thereof if claimed within forty-five
(45) days after such removal and upon the payment of reasonable charges of
removal and storage. Upon failure of the Owner or Responsible Person to claim
such Newsrack and pay the reasonable chazges within forty-five (45) days after
the mailing of written notice of removal, such Newsrack shall be deemed to be
Page 12 of 17
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1 unclaimed or abandoned properiy and may be disposed of pursuant to provisions
2 outlined in the Saint Paul Legisiative Code relating to unclaimed or abandoned
3 property, but without the requirement of further hearings or nofices.
4
5 (D) Any Newsrack in violation of the provisions of this Chapter, which violation creates an
6 immediate and substantial danger to the healtU, safety or welfaze of the public, which
7 violation cannot be quickly and easily conected by moving or otherwise repositioning the
8 Newsrack, may be suumiarily removed and stored in a secure location so as to eliuunate
9 the danger to the health, safety and welfaze of the public. The D'uector shall promptiv_
10 sx�seQnea�� provide norice to the Owner or Responsible Person as otherwise outlined in
11 this section and a11ow for a post-deprivarion hearing.
12
13 Sec.131.120 Abandoned Newsracks.
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(A) A Newsrack shall be deemed abandoned when no publication provided by a registered
Newsrack Owner is in the Newsrack for a period of more than thirty (30) consecutive days,
or when the Newsrack and location have not been included on a Master List as required
under this Cha t�_ ,
�� ,
,
.
--- - - - - � -- - -- - - -- --- - - - - -- -
- - - •
- --- - -- - - � - - -- --- -- - - - -- - -- -- -- -- •
--- - -- - -- -- --- : -- - - -
. ..
-- - - - - - - - -- -- - - --��asa -
(B) In the event a Newsrack Owner desires to voluntarily abandon a Newsrack location, the
Owner shall provide notice to the D'uector, includine the month and the year that the
Newsrack was first placed on a Master List, and the cones op nding Master List number, and
completely remove the Newsrack and restore the public right-of-way to a safe condition,
leauing no trace.
(C) When the Director shall find an abandoned Newsrack on the public right of way within the
city, the D'uector sha11 cause a Notice of Violafion to be placed upon it pursuant to the
procedures established in section 131.110.
Sec.131.130 Severability.
Page 13 of 17
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1 If any secrion, subdivision, sentence, clause or othet part of this Chapter should be adjudged
2 void or of no effect, such decision shall not affect the validity of any other portions of this
3 Chapter.
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5 Sec.131.140 Rights of Underlying Fee Titie Owner
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This Chapter shall not in anyway limit, lessen, or derogate the rights of ownership or control,
if any, of any owner of the undeflying fee ritle of any City right of way covered by this
Chapter.
Sec.131.150 Application To Other Governmental Units
This Chapter sha11 not apply to other governmental units or in any way derogate their power
to regulate their property or rights of way. All registrations under this Chapter are subject
to the authority of any other governmental unit.
Sec. 131.160 Change of Surroundin�s
Pernussion to install a Newsrack on a public right of way is at the sufferance of the City. No
property right of any kind is intended or created. The City may at any time, either pursuant
to the provisions of this Chapter or by ordinance amendment withdraw or modify its
permission. All pernussion is subject to continual compliance with the provisions of this
Chapter. If the physical surroundings of a Newsrack, which was legally located when
originally installed, change so that the Newsrack can no longer comply with sections 131.80,
131.100 or any other sections of this Chapter, then it shall promrotiv be �atc-l� removed
by its Owner and its continuing presence shall be a violation subject to remedy under section
131.110.
Sec.131.170 Implementation
(A)
:
The Director shall implement and administer this Chapter. The Director shall prepare and
execute a plan to implement this Chapter during the Implementation Period consistent with
the expressed purposes and provisions of this Chapter and consistent with the City of Saint
Pau1 Legislative and Administrative Codes and Charter. This plan shall be guided by the
following:
AII determinations regazding Newsracks shall be content neutral.
No preference shall be given to any particular type of publication.
-- - - --- -- �- - - - - - -- -
:
Page 14 of 17
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. .. i �ew�!ei�eee� - -- - - ' � - - - - - - - - - - - - - - - -
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-- _..-- --- - -- • --- -- -- ' ---' - - - - ' �
. --- ---- - - - -- - -- - - - - -- - -- - - --
1$
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�i.�i�oii�h:wrri���wdivi��an:�tile�ir:na6:ainieG.i:�r �i:.ii:�i�iGr:��ii�R.n�i�iiwv�in.:iii��i��Liav�w�r:ib.�:
- - - - - - - - --- - - - � -
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- --- - - - -- -- - - - ---- - - ` -- - - - - ----
- - - -'- - - -
.lit. � •T'
(C) The Director may authorize the placement of warning notices on Newsracks at any fvne
during the Implementation Period which state that all Newsracks aze subject to removal on
the specified effective date of this Chapter unless they '--- --'-`-:---' _ r_...�.._._ _r
are in comroliance with the requirements of this Chapter. Each such
waznnig notice sha11 contain information regazding inquiries
about com in iance.
Page 15 of 17
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• -- - ` - - ` - - -- --- - - - •
• `
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Section 131180 Nofice.
Unless otherwise specifically provided for in this Chapter, any notice which may be required
to be or is given shall be in writing and shall be deemed received when it is either: (i)
Personally delivered, or (ii) Placed in the Certified U.S. Mail, return receipt requested.
Section 3
SaintPaul Legislative Code Sections 18.01 and 18A2 azehereby amendedto read as follows:
Sec.18.01. Legislative hearing officer.
In order to hear and decide appeals of orders, decisions or determinations made by the
enforcement officers relative to the enforcement of health, housing, building or fire codes
contained in the Saint Paul Legislative Code, as well as aproeals of decisions made relative
to Newsracks under the St. Paul LegislaUve Code, there shall be and is hereby created a
legislative hearing officer. The legislative hearing officer shall be a City of Saint Paul
employee appointed by the president of the city council. The legislative hearing officer shall
have the authority to hear appeals to arders, decisions or determinations of the enforcement
officers and make recommendations to the city council. The hearing officer sha11 not have
the power to grant waivers of the Minnesota State Building Code. All matters, orders,
decisions and determinations of the hearing officer shall be forwarded to the city council in
resolution form within ten (10) days of the hearing officer's acfions. The city council sha11
have the authority to approve, modify, reverse, xevoke, wholly or parfly, the hearing officer's
orders, decisions or deternvnations and shall make such order, decision or deteruiination as
ought to be made.
Sec. 18.02. Hearing petihon, filing, fee, nohce.
Page 16 of 17
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Any property owner afFected by any arder which has been issued in connecrion with the
enforcement of a health, housing, building or fire code, or any rule or regulation adopted
pursuant thereto, or any IVewsrack Owner affected bv anv decision made nursuant to section
131.701B) of the St. Paul Legislative Code, may request and shall be granted a hearing
before the legislative hearing officer on all matters set forth in such notice; provided, that
such property orl3ewsrack owner shall first file with the legislative hearing officer a written
peririonrequesting suchhearing and setting forthabriefstatementofgrounds thereforwithin
ten (10) days after the date the original notice of code violations, or within ten (10) days after
the date on wluch nofice of the Newsrack decision under section 131.70 Bl, was issued.
The filing fee for such petifion shall be twenty-five dollazs ($25.00) except that where there
is financial hardship, the hearing officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such petition, the hearing officer shall set a tnne and place for such hearing
and shall give the petitioner written notice thereof. The hearing shall be commenced not later
than tlurty (30) days after the date on which the petition was filed.
Section 4
Sections 131.90(A) x�l{Bj-of Section 2 of this Ordinance shall become effective two (2)
yeazs following its passage, approval and publicarion. `"--`=°-- '-` `'-�- ^-'=-°-__ _ti_„
, . All other
provisions of this Ordinance sha11 become effective one-hundred and eighty (180) days
following their passage, approval and publication.
r,,,��,�n�,��..a,.»�,a,;.�e�,T..�,
Adoption ertified by Council Secretary
s �- ---g
Approved by Mayor: Date !'7G6f/
BY: �v �
Q(�S iCttm
j ; 1(
Requested by Department of:
By:
Form Approved by City Attorney
�
_ ��� � ' I � � � �
Approved by Mayor for Submission to Council
By:
PUBLlS}iEb
� ' - pil
. .
Adopted by Covncil: Date ��L�.2. }�oo�
c GJoaKs
a�
GREEN SHEET
o�.��o.�
M1111BER FOR
ROIRII/4'
TOTAL # OF SIGNATURE PAGES
Bo-SSa
wo 10! ?'�2
❑ -�u' �'?.��°�
qfVAiiORtEY OIYf1iN[
❑AMNO4LffltVCFJOR ❑RYIIMLf
❑ wvael�.rwr�xp ❑
(CLJP ALL LOCATIONS FOR SIGNATURE)
/ / , f� / i � /; i, i / � /
ir � i
. i
1 � � ' � %�� i ,.i ��'
i
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
Has this persorJfim erer rwkea under a contract far thic depahment?
VES NO
Has thia DNSaNfi,m e�er been a citY empbyee?
YES NO
Doestltis Pe�sonRmi Poaseas a sldU not nommllYP�seaceU hY anY wrtetd oilY �P�oYce7
YES NO
Is this peisoMrm e targetetl vendoYl
YES NO
'IATING PROBLEM ISSUE, OPPORTUNITY (Wtw, What, Wlien, W1�ere, Wl�y)
f �'��i.�+ee � �w�jo�`t .�,ut��-�u¢e,�`" G�� .-� A 9s2�ceuo //�l�esfco��-
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AMOUNT OF TRANSAC'f10N
COET/REVENUE BUD(iETED (CIRCLE ON�
ACTNITY NUMBER
� �-��
YEE NO
INFORMATION (IXPWNJ
5 ������ �1�/
Council Fi1e # ��- S 5 v
Ordinance #
Green Sheet # SDt'� rl 3(e
�F %�11jT L, MINNESOTA � ��
Presented By ��
Referred To
I� . •
A legislative ordinance
to regulate newsracks that aze lo�
within public rights of way.
THE COLTNCIL OF THE CITY OF SAINT PAUL DOES
Section 1
Saint Paul Legislative Code Chapter 128 i��ereby repealed.
Se���iO�n 2
A new Chapter 131 is hereby enact��as part of the Saint Paul Legislative Code to read as
follows: s �
CHAPTER 131 1�EWSRACKS
Sec.131.10. Defmitions.
The following wozds, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this sectio.�i, except where the context clearly indicates a different meaning:
�`
"Director" means the Director of the [Department of Public Works] [Office of License,
Inspections and Enviro�nental Protection] of the City of St. Paul, or his or her designee.
�f
"Heritage Preservat¢on District"means any areas, places, or districts which have been duly
designated and lis�d as heritage preservation districts pursuant to St. Paul Legislative Code
Chapter 74. �
Page 1 of 16
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OD-55D
"Implementation Period" means the 180-day period of time elapsing after passage, approval and
publication of this Chapter, but before the effective date of this Chapter, and during which time
the Director shall prepaze and execute a plan to implement this Chapter. a
"Install" or "installed" means to place, affix, erect, construct, operate or maintain a N
"Newsrack" means any type of unmanned device for the vending or free distribi
newspapers, news periodicals, advertising suppiements, advertising periodicals,
periodicals, and similar publications. ;,
"Newsrack Corral" or "Corral"means any three sided post and rail
Newsracks in stable clusters.
"Parkway"means those streets and avenues that are designated as
pursuant to St. Paul Legislafive Code sections 145.02 and 145.03„
designed to group
and boulevazds
"Responsible Person"means an individual who is listed on an��"pplication for a Certificate of
Compliance and who, on behalf of an Owner, may receive n�tice, respond to complaints, and be
notified or contacted at any time concerning a Newsrack��
"Owner" means any person which either holds an own�ship interest in ar operates a Newsrack
that it seeks to install or has installed in the Public Right of Way.
"Person" means any individual, person or entity, however organized, whether public or private,
whether domestic or foreign, whether for profit o� nonprofit, and whether natural, corporate, or
politicai. Examples include a business or coma�iercial enterprise organized as any type or
combination of corporafion, limited liabili ��mpany, partnership, proprietorship, association,
cooperative, or joint venture.
,
"Right-of-way" or "Public right-of-way
highway, street, cartway, boulevard, bi
owns or over which it has an easemeri't
public purposes. _'�
Sec. 131.20 Purpose and
The purpose of this Chapter
regulation of placement, ty�i
as to: �
(A)
Provide for
or federal h
� °ineans the area in, on or above a public roadway,
ycle lane, sidewalk, parkway or alley which the City
or interest, including other dedicated rights-of-way, for
to promote the public health, safety and welfare through the
appearance and servicing of Newsracks on public rights-of-way so
and driving safety and convenience, and comply with local, state
accessibility regulations.
Page 2 of 16
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DD- 55D
1 (B) Restrict unreasonable interference with the public use of the public right-of-way and with
2 the flow of pedestrian or vehiculaz traffic including ingress into or egress from any
3 residence or place of business, or from the street to the sidewalk by persons e�ting
4 entering pazked or standing vehicles. �
6 (C) Provide for the safety of people and properiy_during periods of heavy s w, storms, and
7 other adverse weather conditions, and for the proper functioning of City's safety and
8 sanitation forces.
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(D) Provide reasonable access: (i) For the use and maintenance of oles, posts, traffic signs or
signals, hydrants, ufility openings, delivery chutes, trash rec tacles, bus or plaza
benches, United States postal service mailboxes, parking eters and other public fixtures;
and (ii) To locations used for pubiic transportation purp ses.
(E) Relocate and/or replace Newsracks which result in visual blight and/or excessive space
allocation on the public rights-of-way or which easonably detract from the aestherics
of store window displays, adjacent landscaping d other improvements, both public and
private, as well as to remove abandoned New, acks.
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(F) Maintain and protect the values of surrou�ing properties, and protect and preserve
public property. ,/
(G) Reduce unnecessary exposuze of the.rpublic to personal injury or properly damage.
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(H) Treat all publications equally regardless of their size, content, circulation, or frequency of
publication.
(I) Maintain and preserve freedom of speech and freedom of the press.
(.� Protect and enhance the of St. Paul's atiraction to residents, tourists and visitors, and
serve as a support and'stunulus to business and indushy, by enhancing the visual and
aesthetic chazacter and interest of the City.
Sec. 131.30 Certificate of Compliance required.
No person sha11 install a Newsrack on or in the public right of way without first obtaining a
Certificate of Compliance from the Director for each Newsrack in accordance with the provisions
ofthis Chapter. ,'
Sec. 131.40
(A)
Application and issuance of Certificate of Compliance.
authority. The issuing and approving authority shall be the Director. The
r is responsible for fairly coordinating and administering the physical placement
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1 of Newsracks of the type and location herein specified, and upon compliance herewith is
2 responsible for issuing the Certificates of Compliance.
4 (B) Applications. The applicant, who must be an Owner of the Newsrack, shall file with the
5 Director a written application for a Certificate of Compliance for each proposed
6 Newsrack location which shall contain the following information and attachments:
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(C)
(D)
(1) The naxne, address and telephone numbers of all Owners of the New ack.
(2) The name, address and telephone number of a Responsible Per n whom the City
may provide notice or contact at any time concerning the N srack(s), which
notice, if given, shall bind and be deemed actual notice to e Owner(s) of the
Newsrack.
(3) The number of Newsracks and the proposed locati of each shown on a sketch
drawing showing dimensions to each curb, fix , building, bus stop and other
landmarks, and a photograph of each location rovided by the applicant.
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(4) The type or brand of Newsracks, includin� an illustration and description of the
Newsrack, t'�
(5) A fully executed hold harmless agreement as required by this Chapter.
(6) A certification, signed by an individual with the requisite corporate or other power
and authority to bind the applacant, which states that the applicant has reviewed,
understands, and will comply with all requirements of this Chapter.
Issuance of Certifacate of Compliance. Upon a fmding by the Director that the applicant
and a11 owners of the Newsxack are in compliance with the provisions of this Chapter for:
(i) The proposed Newsrack location, and (ii) all other existing Newsrack locations, the
Dixector shall cause to be issued a Certificate of Compliance. Such issuance shall be
made within fifteen (1-5) working days of the City's receipt of the completed application.
Denial of Certificate of Compliance. If a Certificate of Compliance for one or more
Newsrack locations applied for shall be denied, the applicant sha11 receive notice of the
denial in writnig within fifteen (15) working days of the City's receipt of the completed
application. The applicant sha11 be advised of the specific cause of each such denial by
the Director. The applicant may amend the application and reapply for the same location,
or apply for a substitute alternative location, subject to a$5.00 re-processing fee for the
first r�applicafion. Any subsequent re-applications sha11 be subject to the standard
application fee. A denial issued during the Implementation Period may be appealed
under section 131.170 (H). Any other denials may be appealed under section 131.70.
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1 (E) Additional Certifzcate of Compliance. If, at any time after initial application for a
2 Certificate of Compliance to install a Newsrack, an Ownex wishes to instatl additi
3 Newsracks at additional locations, then subsections (C) and (D) above aze to re
4 in accordance with the provisions of this Chapter.
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(F) Lapse of unused cert�cates. Any Certificate of Compliance not us to install a
Newsrack within thiriy (30) days from the date of issuance shall void and
automatically deemed revoked, and the Owner's Newsrack sh not be installed at that
locarion.
(G) Transfer of title or controL Whenever a Newsrack for w ch a Certificate of Compliance
has been issued is sold, or tide or control thereof transf ed or assigned, the existing
Certificate of Compliance shall be void and automatic�elly deemed revoked, and a new
Certificate of Compliance shall be required and obtained in accordance with this Chapter.
Sec. 131.50 Risk Management Requirements
Prior to the issuance of a Certificate of
Newsrack Owner who desires to install
a Newsrack on a public right of way shall file a written Agreement to indemnify and hold the City
harmless. This Agreement shall be in a form prescribed from time to time by the City Attorney,
whereby the Newsrack Owner, in exchange for the ability to install its Newsrack on the public right
of way, agrees to indemnify and hold harmless the City, its officers and employees from any loss,
liability or damage (including costs, disbursements and attorney fees) for bodily or personal injury,
including death, and for properry damage,sustained by any person or entity as a result of aNewsrack
installed on the public right of way.
Sec.131.60 Fees.
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There shall be a Certificate of Compliance application fee in the amount of ten dollars ($10.00)
per Newsrack location. Denied applications or locations are subject to a re-processing fee of five
dollazs ($5.00) for the first r,e-examination of the amended application or location. Ail addifional
applications or locations aze subject to the standard application fee. Moving a Newsrack to a
new location requires a new application, which is subject to the standard application fee. Such
fees sha11 be established in an amount sufficient to rennburse the City for a11 its expenses
incurred in the administration and enforcement of the terms and provisions of this Chapter, and
shall only be used for such purposes.
Sec.131.70 Appeal
(A)
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If, atter the effective date of this Chapter, a Newsrack Owner has reasonable grounds to
claim that an application for a Certificate of Compliance has been wrongfully denied or
that a Certificate of Compliance has been wrongfully revoked or that a Nofice of
Violation or a Notice of Removal has been wrongfully issued, and wants to appeal that
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1 determivation, the appealing Owner shall, within ten (10) days of receipt of notice of
2 denial or revocation or Notice of Violation or Norice of Removal, demaud a review by
3 giving written notice to the Director, and including in that notice any e�ibits such as
4 photographs or maps or affidavits wiuch support the claim. No oral presentation shall
5 permitted, and all grounds supporting the appeal shall be provided in writing. The
6 D'uector shall review the claim withiu fifteen (15) days of receipt of notice from
7 appealing Owner. Within fifteen (15) days of the review, the Director shall pr de
8 written notice of the decision to the appealing Owner.
10 (B) Review during the Implementation Period for this Chapter shall be gov ed by Section
11 131.170(Fi).
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(C) If the appealing Owner believes the Director's decision of the
131.70 (A) is in error, and the appealing Owner declines to an
reapply as provided in Secrion 131.40(D), the appealing Ow�s
for a review pursuant to Chapter 18, Legislative Hearing O�i�
Legislative Code. �
Sec. 131.80 Placement generaily.
Newsracks may not be installed in any public right of way which is used regularly or intended to
be used by motor vehicle traffic. Subject to the prohibitions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian�eas. The closest edge to the street of any
Newsrack shall be installed parallel to and not lessthan eighteen (18) inches nor more than
twenty-four (24) inches from the edge of the curb. Newsracks may also be installed, subject to
the prohibitions of this Chapter, neaz the wall of a building if the closest edge to the building is
placed parallel to and not more than six (6)�nches from the wall. Newsracks shall not be
installed on the side toward residenfial prdperiy, or on the side towazd lawns or grounds of
business or commercial property. No Newsrack shall be installed on the sidewalk opposite
another Newsrack. Every Newsrack shall be installed so as to open toward the sidewalk, and not
toward the street. No Newsrack sha11 be in any way installed ar attached to any pole, post, traffic
sigp or sig�tal, hydrant, United Stafes Postal Service mailbox, parking meter or any other public
fixture, equipment, pole or faci�i�.
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Sec.131.90 Installation,and maintenance
(A) Newsracks shall-not exceed si�y (60) inches in height, thirty (30) inches in width, or
twenty-four (24) inches in depth. The base shall have a depth of at least 80% of the
median deptli and sha11 have a width of at least 80% of the median width of the box and
the base s�hali be fuily enclosed so as to prohibit the introduction of foreign materials into
the base ' Multilevei news racks shall be of uniform depth and width.
(B) New �racks shall be manufactured from 20-gauge zinc grip steel or thicker.
�eal under section
nd the application and
may file a written request
•, of the City of St. Paul
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(C) Newsracks shall be, except as provided herein, uniformiy forest green in color on all
e�erior surfaces that aze opaque, inciuding all of the base, the back, the sides, and to
(D) No advertising signs or material, other than those dealing with the name of th
publication contaiued within the Newsrack, shall be displayed on the outsi of any
Newsrack.
(E) Each Newsrack which receives coins sha11 be equipped with a coin- turn mechanism to
pernut a person using the machine to secure an immediate refund � the event he or she is
unable to receive the publication paid for. The coin-return mec anism shall be
maintained in good working order.
(F) Each Newsrack shall have stenciled or otherwise
visible place so as to be seen by anyone using the
name and address of the Owner of or the Respon:
telephone number of a working telephone service
Person or to report a malfunction, or to secure a r�
the coin-retum mechanism, or to give the notic�
(G)
(H)
�n�fitly affixed to it in a readily
,�ack a notice setting forth the
erson for the Newsrack and the
I the Owner or the Responsible
in the event of a malfunction of
�d for in this Chapter.
Each Newsrack shall be maintained in a neat clean condition and in good repair at all
times. Specifically, but without limiting�t�ie generality of the foregoing, each Newsrack
sha11 be serviced and maintained, or re�aced if necessary, so that: (1) it is reasonably free
of dirt and grease; (2) it is reasonably�free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof; (3}�it is free of graffiti or other writing or pictures added
without the perxnission of the Ovv�ier or added in excess of that permitted by pazagraph
(H) of this section; (4) it is reas,onably free of rust and conosion in the visibie metal areas
thereof; (5) the clear plastic or glass parts thereof, lf any, through which the publications
therein aze viewed are unb�dken and reasonably free of cracks, dents, blemishes and
discoloration; (6) the struetural and solid parts thereof are not broken, do not contain
holes (other than vent holes as part of the design of the Newsrack), and aze not unduly
misshapen; (7) the dispensing portion of each box shall be fully enclosed and
weatherproof so as:to keep publications dry and free of snow and dirt; (8) a11 surfaces
shall be of sturdy unpact resistant materials; and, (9) it shall contain no sharp corners or
sharp protrusions.
Newsracks shall cany no card holders or advertising, but may display the name, with
lettering:and background of any colors, of the publication being dispensed, in spaces in
the locarions and sizes set forth below:
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On the front of the Newsrack. The lettering size shall not exceed one and three-
quarters (1'/a) inches height. The lettering shall be placed within a colored-band
space not exceeding two and one-half (2'/z) inches in height above the door hinge.
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2 (2) On the sides and back of the Newsrack. The lettering size shall not exceed two
3 and one-half (2%z) inches in height. The lettering shall be placed within a color
4 band space not exceeding four and one-half (4%z) inches in height an�3 U�nin
5 one (1) inch from the top of the Newsrack. �
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(n Newsracks for free publicafions may omit the coin box and may have pull bar welded
to the door to produce an"honor rack."
Sec. 131.95 Newsrack Corrals.
(A) Newsrack Conals may be placed and maintained on the public dewalks by any City
agency or district council at locations acceptable by the Direc r. The Director shall
approve any proposed location where, as determined by the irector, substantial
pedestrian tr�c, sidewalk congestion or the presence of significant number of
Newsracks within close proxnniTy of one another sugge s the need for certain limits on
the number and placement of Newsracks.
(B) Subject to the limitations set forth elsewhere in thi Chapter, including Section
131.170(D), the Director shall develop equitable riteria to allocate space within a
Newsrack Conal, where necessary, giving first riority to Newsracks displaying
publications that are then currently dispiayed 'thin thirty (30) feet of such Conal.
(C) Prior to approving any locations or makin ' any determinations, as set forth in Section
131.80, prior to developing any criteria r allocating space, as set forth in Section
131.170, and prior to promulgating regulations making any determinations relating to
this Section, including an� determin�ions concerning the appropriate size of Corrals at
particuiar locations, the Director slaa' 11 consult with representatives of relevant city
agencies, City Council, the
editions of publicafions int
mentioned representatives
approval and publication o:
locations of Corrals and p"r�
�it district council(s) and entities which issue regular
i for distribution on the public right-of-way. The above-
submit to the Director within ninety days of passage,
Ordinance any proposals regarding appropriate size and
�d criteria for allocation of space within the Conals.
(D) Subject to the criteri�'established pursuant to Section 131.95 (C) above, the Director shall
allow any person tq'place or maintain a Newsrack within a Newsrack Cona1, so long as
such person maintains such rack in conformity with all requirements of this Chapter and
so long as sucl���person is not prohibited from placing such Newsrack at the location of
such Corral �y any provision of this Chapter.
(E) No person shall place or maintain a Newsrack within a Newsrack Conal unless the
Newsrack is unobtrusively attached by cables, chains or otherwise to the Corral so as to
stability of the Newsrack.
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2 (F) No person shall maintain a Newsrack within fliirty (30) feet of a Newsrack Conal uniess
3 such Newsrack is lawfiilly placed within such Corral at such location. ,
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5 Sec. 131.100 Specific prohibitions.
7 No Newsrack shall be installed:
9 (A) Within five (5) feet of any marked crosswalk.
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(B)
(C)
Within ten (10) feet of any unmazked crosswalk.
Within ten (10) feet of any fire hydrant, fire ca11 box, police call or other emergency
facility. �`
16 (D) On a public right of way where it is crossed by a public or,�rivate driveway or alley, or
17 wittun five (5) feet of such public or private driveway or�alley crossing, or witbin five (5)
18 feet of the end of radius or side slope of such public or-private driveway or a11ey crossing
19 where the public or private driveway or alley enters any street or highway.
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21 (E) Within five (5) feet ahead of, and twenty-five (25� feet to the rear of any ofFicial public
22 transit bus sign marking a designated bus stop� measured along the edge of pavement.
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24 (F) In or within five (5) feet of the curb in any marked truck zone, passenger loading zone,
25 van pool loading zone, handicapped transfer zone or ambulance loading zone.
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(G) Within three (3) feet of any bus bench; bus shelter, or plaza bench.
(H) At any location whereby the ciear'space for passageway of pedestrians is reduced to less
than five (5) feet. In those area5 with maximum sidewalk widths on any block side of
less than seven feet six inches (7'6"), the clear space for passageway of pedestrians shall
be the maYimum amount possible while complying with the other provisions of this
Chapter, but in no event shall the clear space for passageway of pedestrians be less than
three feet six inches (3'.6"). In those areas with maximum sidewalk widths on any block
side of less than seven feet six inches (7' 6"), there sha11 be no more than four (4) total
Newsracks on the same side of the same block whereby the clear space for passageway of
pedestrians is reduced to less than (5) feet.
(I) On any lawn or on or within twelve (12) inches of any azea improved with a hedge, a
boulevazd garden, or flowers, or within three (3) feet of any tree.
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(� In front of or within one and one half (1'12) feet from any window of any buiiding abutting
the sidewalk or pazkway or in such a inauuer as to impede or interfere with the reasonable
use of such window for display purpose, or within four (4) feet of a building entrance. )
(K) On or within two (2) feet of any pole, post, street light, utility pole, traffic sign or si 1
United States Postal Service mailbox, pazking meter, trash receptacle or other publ�
fixture.
(L) Chained or bolted or otherwise attached to any property not owned by the O er of the
Newsrack or to any permanently fixed object without the prior written con nt of such
properiy owner. Such written consent shall be promptly fiunished to the �ity upon
request. f �
(M) By being chained to more than two other Newsracks. A maatimuxn o�`three Newsracks
may be chained or physically joined together in banks if each of tl}em comply with the
requirements of this Chapter and they are joined together in a ma�ner that does not
present a hazard to the public. Any bank of three (3) Newsrack�; whether chained or
unchained, and which aze separated individually in any case b�y� less than three feet, which
are placed on the curb or street side of a sidewalk must be a least three (3) feet from any
other Newsrack, except when located within a Newsrack �orral pursuant to Section
131.95. �
No two Newsracks displaying or offering the same� blication for sale or distriburion
may be placed or maintained within thirty (30) feef of one another, unless such
Newsracks are across the street from one anoth�t; provided, however, that no more than
three Newsracks displaying or offering the sa�e publicafion for sale or distribution may
be placed or maintained at or within thirty �0) feet of any one intersection.
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(0)
In violation of local, state or federal
That exceeds 42 inches in height
streetintersection.
accessibility regulations.
is within a distance of twenty (20) feet from any
(P) That exceeds 42 inches in Y}eight and is within a distance of ten (10) feet from any street
and alley intersection. ,
(Q) Over, above or on top of any public utility opening, delivery chute, azeaway access or
other access through the right of way.
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(R) Upon or
Sec.131.110
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15 feet of any Pazkway or Heritage Preservation District.
procednres - Nonconforming Newsracks.
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1 (A) Any Newsrack installed in violation of the provisions of tlus Chapter shall be tagged with
2 a"Notice of Violation" stating the violation, date of tagging, notice of intention to
3 remove the Newsrack and revoke the Certificate of Compliance if the violation is not
4 corrected withiu ten (10) days and specifying the procedure for obtaining a hearing
5 opporiuniry to be heard regarding the violafion using the procedures set out in sectio
6 131.70. The Director shall also provide notice to the Owner or Responsible Person
7 thereof by sending a copy of the "Notice of Violation" to the person listed in the
8 appiication, if any, pursuant to section 131.40(B), or to the person listed on the;
9 affixed to the Newsrack as required by secrion 131.90(E). �
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The D'uector may, as an aiternative to tagging and revoking the Certificat� `of
Compliance, have such newsrack(s) moved, aligned or otherwise reposil4oned
restore them to a legal condition. f�
in orderto
(C) Any Newsrack which has been tagged and remains in violafion of�the provisions stated on
the tag past the ten-day correction period, and for which no Appeal has been requested
pursuant to section 131.70 during that ten-day correction peri`od, shall be removed and
stored in a secure location, and the Certificate of Compl � f`ce shall be automatically
deemed revoked. �
(1) The Director shall provide notice to the Ow,�ier or Responsibie Person thereof by
sending a"Notice of Removal" to the pe�rs'on listed in the application, if any,
pursuant to section 131.40(B) or to the �person listed on t�e notice affixed to the
Newsrack as required by section 131,�Q(E). Such notice sha11 state the date the
Newsrack was removed, the reasons'therefore, and the procedure for obtaining a
post-removal hearing and opporhuuty to be heazd regarding the removal using the
Appeal procedures set out in section 131.70.
(2) Any such Newsrack rE
released to the Owner
and stored pursuant to these provisions shall be
Person thereof if claimed within forty-five
(45) days after such r�Inoval and upon the payment of reasonable charges of
removal and storag� Upon failure of the Owner or Responsible Person to claim
such Newsrack and pay the reasonable charges within forry-five (45) days after
the mailing of,u�i notice of removal, such Newsrack shall be deemed to be
unclaimed � abandoned properiy and may be disposed of pursuant to provisions
outlined i�the Saint Paul Legislative Code relating to unclaimed or abandoned
without the requirement of further hearings or notices.
(C) Any News,�ack in violation of the provisions of this Chapter, which violation creates an
immedi�#e and substantial danger to the health, safety or welfare of the public, which
violation cannot be quickly and easily corrected by moving or otherwise repositioning the
Ne�ts ack, may be sununarily removed and stored in a secure location so as to eliminate
th� danger to the health, safety and welfare of the public. The Director shall subsequently
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provide notice to the Owner or Responsible Person as otherwise outiined in this section
and allow for a post-deprivarion hearing.
Sec. 131.120 Abandoned Newsracks.
(A) A Newsrack shall be deemed abandoned when no publication provided by a registered
Newsrack Owner is in the Newsrack for a period of more than thirty (30) consecurive day
If an abandoned Newsrack, as determined by the D'uector pursuant to this section, is � a
location registered by a Certificate of Compliance, then that Certificate of Compliance all
become void and be automatically deemed revoked, and the location sha11 become a lable
to other Owners exclusively for a period of ninety (90) days.
(B) A Newsrack location shall be deemed abandoned when the Newsrack
location is not installed in its registered location for a period of more
consecutive days. If a Newsrack location is abandoned, as deternin��i
pursuant to this section, then the Certificate of Compliance far that locai
void and be automatically deemed revoked, and the location shail become
Owners exclusively for a period of ninety (90) days. q °'�
re stered to the
�than thirty (30)
t by the Director
ion shall become
available to other
(C) In the event a Newsrack Owner desires to voluntarily aban`don a Newsrack location, the
Owner shall provide notice to the Director, completely retriove the Newsrack and restore the
public right-of-way to a safe condition, leaving no tra�e.
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(D) When the Director shall find an abandoned New�ack on the public right of way within the
city, the Directar shall cause a Notice of Vio�`ation to be placed upon it pursuant to the
procedures established in section 131110. �'
Sec.131.130 Severability.
If any section, subdivision,
void or of no effect, such c
Chapter.
Sec. 131.140 Rights of
Tlus Chapter shall
if any, of any o�'i
Chapter. �
Sec. 131.150
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e; clause or other part of this Chapter should be adjudged
shall not affect the validity of any other portions of this
Fee Title Owner
in anyway limit, lessen, or derogate the rights of ownership or control,
of the underlying fee title of any City right of way covered by this
To Other Governmental Units
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Tlus Chapter shall not apply to other governmental units or in any way derogate their power
to regulate their property or rights of way. All registrations under this Chapter are subj ect
to the authority of any other governmentai unit.
Sec.131.160 Nature of Permission
Pernussion to install a Newsrack on a public right of way is at the sufferauce of the City. No
property right of any kind is intended or ereated. The CiTy may at any time, either pur t
to the provisions of this Chapter or by ordinance amendment withdraw or m ify its
perznission. All permission is subject to continual compliance with the provisi s of this
Chapter. If the physical surroundings of a Newsrack, which was legally 1 cated when
originally instalied, change so that the Newsrack can no longer comply with s ctions 13 .80,
131.100 or any other sections of this Chapter, then it shall be immediate remov by its
owner and its continuing presence shall be a violation subject to re edy un r section
131.110. �
Sec.131.170 Implementation
The Director shall implement and administer this Chapter. �1'he irector sha11 prepare and
execute a plan to implement this Chapter during the Implg�iie 'on Period consistent with
the expressed purposes and provisions of this Chapter �tid nsistent with the City of Saint
Paul Legislative and Administrarive Codes and Cha�t`er This plan shall be guided by the
following: ,��
(A) All determinations regarding Newsracks
(B) No preference shall be given to any
content neutral.
type of publication.
(C) After the Implementation Period o this Chapter, all applications for a Certificate of
Compliance for any specific locaf n which is permitted by the provisions of this Chapter
shall be allocated on a first co e, first served basis. Appiications shall be date stamped
when received with the time, receipt noted.
(D) Dnring the Implementa'on Period of this Chapter, priority allocation of Certificates of
Compliance for any s cific location shall be governed by a system designed, to the extent
reasonably possibl "; based on the number of locations that aze in compliance with this
Chapter, and acc rding to the following priorities in the following order:
(1) Loc ions on a specific side of a specific City block are to be allocated to those
I� sracks that reasonably pxove to the Director that they were previously installed
as of a date determined by the Director) on that specific block side.
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(2) If necessary, the Director shall conshvct a random allocaUon system for Newsracks
that reasonably prove to the Director that they were previously instalied (as of a date
detennined by the Dixector) on a specific block side, and then randomly allocate
locations on that block side or an adjacent biock side as close to the previous location
as the requirements of this Chapter and the assigned priority level allow. ,
(3) If necessary, the Director shall covstntct a random allocation system for ewsracks
thatwerenotpreviouslyinstalled,orthatcannotreasonablyproveto irectorthat
they were previously installed, (as of a date determined by the Dire or) on a specific
block side and, and then randomly allocate locations on that blo side or an adjacent
block side as close to the requested location as the requirem ts of this Chapter and
the assigned priority level allow. These locations sh be allocated after the
allocations in the previous pazagraphs (D)(1) and (D)( above.
(E) The Director may, with reasonable notice (which may i ude notice on the City's World
Wide Web home page), establish application deadlines at occurno greater than ninety (90)
days prior to the end of the Implementation Period for those Newsracks that apply for
priority allocation of Certificates of Compliance or any specific locafion provided in
para�raph (D) of this section.
(F) The Director, to the extent reasonably possi e, shall give notice of the proposed priority
allocation of Certificates of Compliance to 11 Owners that apply for priority allocation as
provided in pazagraph (D) of this sectio , at least fifty (45) days prior to the end of the
Implementation Period for this Chapte
(G) The Director may authorize the pl ement of warning nofices on Newsracks at any time
during the Implementafion Perio hich state that all Newsracks are subject to removal on
the specified effective date of 's Chapter unless they have obtained a Certificate of
Compliance pursuant to this apter. Each such warning notice shall contain information
regarding inquiries and the 1 cation for obtaining a Certificate of Compliance.
(H) If, during the Implement tion Period, a Newsrack Owner has reasonable grounds to claim
that a Certificate of C mpliance has been wrongfully denied, and wants to appeal that
determination, the ap ealing Owner sha11, within five (5) days of receipt of notice of denial,
demand a review b giving written notice to the Director, and including in that notice any
e�ibits such as hotographs or maps or affidavits which support the claim. No oral
presentation sh I be pernutted, and all grounds supporting the appeal shall be provided in
writing. The irector shall review the claim within ten (10) days of receipt of notice from
the appeali Owner. Within ten (10) days ofthe review, the Director shall provide written
notice of e decision to the appealing Owner.
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(I) Ifthe appealing Owner believes the Director's decision ofthe appeal under Section 131170
(I� is in enor, the appealing Owner may file a written request for a review pursuant to
Chapter 18, Legislative Heazing Officer, of the City of St. Paul Legislative Code.
Section 131.180 Nofice.
Unless otherwise specifically provided for inthis Chapter, any notice which may be quired
to be or is given shall be in writing and shali be deemed received when it is ither: (i)
Personally delivered, or (ii) Placed in the Certified U.S. Mail, return receipt r uested.
Section 3
Saint Paul Legislative Code Sections 18.01 and 18.02 aze hereby ame edto read as follows:
Sec.18.01. Legislative hearing officer.
In order to hear and decide appeals of orders, �
enforcement officers relative to the enforcement
contained in the Saint Paul Legislative Code, as
or determinations made by the
housing, building or fire codes
there shall be and is hereby created a legislativ heazing officer. The legislative hearing
officer shall be a City of Saint Paul employee a ointed by the president of the city council.
The legislarive hearing officer shail have the uthority to hear appeals to orders, decisions
or determinations ofthe enforcement office and make recommendations to the city council.
The hearing officer shall not have the ower to grant waivers of the 1vlinnesota State
Building Code: All matters, orders, dec' ions and determinations ofthe hearing officer shall
be forwarded to the city council in esolufion form within ten (10) days of the hearing
officer's actions. The city council all have the authority to approve, modify, reverse,
revoke, wholly or partly, the he ' g officer's orders, decisions or determinations and shall
make such order, decision or d ermination as ought to be made.
Sec. 18.02. Hearing petition,
Any property owner
enforcement of a hes
pursuanttheretq or
fee, notice.
cted by any order which has been issued in connection with the
housing, building or fire code, or any rule or regulation adopted
131.70 C or 13 /.170 �Il ofthe St. Paul Legislative Code, may request and shall be granted
a heanng befo e the legislative hearing officer on all matters set forth in such notice;
provided, th such property or Newsrack owner sha11 first file with the legislative hearing
officer a tten petition requesting such hearing and setting forth a brief statement of
grounds erefor within ten (10) days after the date the original notice of code violations, or
was issued.
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The filing fee for such petition shall be twenty-five dollars ($25.00) except that where there
is financial hazdship, the hearing officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such petition, the hearing officer shall set a time and place for such
and shall give the petifioner written notice thereo£ The hearing shaii be commenc�
than thirty (30) days after the date on which the perition was filed.
Section 4
Sections 131.90(A) and (B) of Section 2 of this Ordinance shall
years following its passage, approval and publication. Sectio
become effective thirty (30) days following its passage, appr al
provisions of this Ordinance shall become effective one un
following their passage, approval and publication.
„���.a„�w��..�,,� �d ��„�=�.a
��/��/�
come effective two (2)
3 of this Ordinance shall
and publication. All other
dred and eighty (180) days
Requested by Department of:
BY:
Adopted by Council:
Adopt'.ca Certified by
B Y � 4ti
Approved by Mayor� Date _
By
����
G•�
,iL� J�
Secre[ary
� Form Approved by City Attorney
BY: `1.Lf� /��� G• 2- o 0
— --- - .i.pproved by Mayor Eox Submission to Council
By:
oa-ss�
QRIG��fAI.
Presented By
/
i,
MINNESOT.
Referred To `
A legislarive ordin�
to regulate newsracks that
within public rights q
Council Fiie # � O� SSO
Ordt e #
Gr n Sheet # � po e13 `
:e Date :
located
THE COUNCIL OF THE CITY OF SAINT PAUL OES ORDAIN:
Secti n 1
Saint Paul Legislarive Code Chapter 1 is hereby repealed.
2
A new Chapter 131 is hereby
follows:
CHAPTER 131 NEWSRACKS
Sec.131.10. Definitions.
The following words, terms
ascribed to them in this sect
"Director" means the
Inspections and Endv
"Heritage Preservation
designated and listed ay
Chapter 74. `
as part of the Saint Paul Legislative Code to read as
/phrases, when used in this Chapter, sha11 have the meanings
except where the contea�t clearly indicates a different meaning:
of the [Department of Public Works] [Office of License,
l Protection] of the City of St. Paul, or his or her designee.
means any azeas, places, or districts which have been duly
preservaflon districts pursuant to St. Paul Legisla6ve Code
"Implementation P riod" means the 180-day period of tune elapsing after passage, approval and
publication of ttri Chapter, but before the effective date of this Chapter, and during which time
the Director sh prepaze and execute a plan to implement this Chapter.
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1 "InstalP' or "instatled" means to place, affi�, erect, construct, operate or maintain a Newsrack.
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3 "Newsrack° means any type of uwuanned device for the vending or free disiribution of
4 newspapers, news periodicals, advertising supplements, advertising periodicals, political
5 periodicals, and similar publications.
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"Newsrack Corral" or "Cotral" means arry three sided post and rail structure designed ��group
Newsracks in stable clusters. r
"Parkway" means those streets and auenues that are designated as pazkways and 'oulevazds
pursuant to St. Paul Legislafive Code sections 145.02 and 145.03.
"Responsible Person"means an individual who is listed on an applicati for a Certificate of
Compliance and who, on behalf of an Owner, may receive notice, res ond to complaints, and be
notified or contacted at any time conceming a Newsrack.
"Owner"means any person which either holds an ownership i rest in or operates a Newsrack
that it seeks to install or has installed in the Public Right of ay.
"Person" means any individual, person or entity, howeve organized, whether public or private,
whether domestic or foreign, whether for profit or nonp ofit, and whether natival, corporate, or
polifical. Examples include a business or commerci enterprise organized as any type or
combination of corporation, Innited liability comp , partnership, proprietorship, association,
cooperative, orjoint venture.
"Right-of-way" or "Public right-of-way" me e azea in, on or above a public roadway,
highway, street, cartway, boulevard, bicycle 1 e, sidewalk, parkway or a11ey which the City owns
or over which it has an easement or interest ncluding other dedicated rights-of-way, for public
ptuposes.
Sec.131.20 Purpose and criteria.
The purpose of this Chapter is to pr ote the public health; safety and welfaze through the
regulation of placement, type, app azance arid servicing of Newsracks on public rights-of-way so
as to:
(A) Provide for
federal hani
:
driving safety and convenience, and comply with local, state or
;ibility regulations.
Restrict unreaso able interference with the public use of the public right-of-way and with
the flow of pe strian or vehiculaz traffic including ingress into or egress from any
residence or e of business, or from the street to the sidewallt by persons e�ting or
entering p ed or standing vehicles.
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(C) Provide for the safety of people and properry during periods of heavy snow, storms, and
other adverse weather conditions, and for the proper functioning of the City's safety and
sanitation forces.
(D) Provide reasonable access: (i) For the use and maintenance of poles, posts, traffic signs or
signals, hydrants, utility openings, delivery chutes, irash receptacles, bus or plaz�benches,
United States postal service mailboxes, pazking meters and other public fi�iites; and (ri)
To locations used for public hansportation purposes. '
(E) Relocate and/or replace Newsracks which result in a visual blight an�r excessive space
allocation on the public rights-of-way or which unreasonably detr &om the aesthetics of
store window displays, adjacent landscaping and other nnprove ents, both public and
private, as well as to remove abandoned Newsracks.
(F) Maintain and protect the values of surrounding
properry.
(G) Reduce unnecessary exposure of the public to
protect and preserve public
injury ar property damage.
(H) Treat all publications equally regardless of their ize, content, circulation, or frequency of
publication.
(I) Maintain and preserve freedom of speech d freedom of the press.
(� Protect and enhance the City of St. Pa s attraction to residents, tourists and visitors, and
serve as a support and stimulus to bus' ess and industry, by enhancing the visual and
aesthetic character and interest of th Citv.
Sec.131.30 Certificate of
No person shall install a Newsrack
Certificate of Compliance from the
of this Chapter. �
Sec.131.40 Agpiication
required.
in the public right of way without first obtaining a
xar for each Newsrack in accordance with the provisions
of Certiticate of Compliance.
(A) Issuing authoriry. e issuing and approving authority sha11 be the Directar. The
Director is respons' le for fairly coordinating and administering the physical placement of
Newsracks of the e and location herein specified, and upon compliance herewith is
responsible for ' suing the Certificates of Compliance.
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1 (B) Applications. The applicant, who must be an Owner of the Newsrack, shall file with the
2 Director a written application for a Certificate of Compliance for each proposed Newsrack
3 location which shall contain the following information and attachments: -
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5 (1) The name, address and telephone numbers of all Owners of the Newsrac�
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The name, address and telephone ntunber of a Responsible Person w om the City
may provide notice or contact at any time concerniug the Newsra�, which
notice, if given, shall bind and be deemed actual norice to the C�ner(s) of the
Newsrack. /
(3) The number of Newsracks and the proposed locarion of ch shown on a sketch
drawing showing dimensions to each curb, fiature, bui ' g, bus stop and other
landmarks, and a photograph of each location provi d by the applicant.
(4) The type or brand of Newsracks, including an ill stration and description of the
Newsrack.
(5) A fully executed hold harmless agreement s required by this Chapter.
(6) A certification, signed by an individua 'th the requisite corporate or other power
and authority to bind the applicant, w ch states that the applicant has reviewed,
understaxids, and wiil comply with 1 reyuirements of tlus Chapter.
(C) Issuance of Cert�cate of Compliance. pon a fmding by the Director that the applicant
and all owners of the Newsrack aze ' compliance with the provisions of this Chapter for:
(i) The proposed Newsrack locafio , and (ii) all other e�sting Newsrack locations, the
Director shall cause to be issued Certificate of Compliance. Such issuance shall be made
within fifteen (15) working day of the City's receipt of the completed application.
(D) Denial of Certificate of Co liance. If a Certificate of Compliance for one or more
Newsrack locations appli for shall be denied, the applicant shall receive notice of the
denial in writing within ifteen (15) working days of the City's receipt of the completed
application. The appl' ant shall be advised of the specific cause of each such denial by the
�)
Director. The applic t may amend the application and reapply for the same location, or
apply for a substi e alternative location, subject to a$5.0� re-processing fee for the first
re-application. y subsequent re-applications sha11 be subject to the standard application
fee. A denial ' sued during the Implementafion Period may be appealed under section
131.170 (I� Any other denials may be appealed under section 131.70.
Addition Certifzcate of Compliance. If, at any time after initial application for a
Certifi te of Compliance to install a Newsrack, an Owner wishes to install additional
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Newsracks at additional locations, then subsections (C) and (D) above aze to be repeated
in accordance with the provisions of this Chapter.
4 (F) Lapse of unused certifzcates. Any Ceriificate of Compliance not used to install a
5 Newsrack within thirty (30) days from the date of issuance shall be void and auton
6 deemed revoked, and the Owner's Newsrack shall not be installed at that location.
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(G) Transfer of title or control. Whenever a Newsrack for which a Certificate of Comghance
has been issued is sold, or title or control thereof transfeaed or assigned, the existing
Certificate of Compliance shall be void and automatically deemed revoked, and a new
Certificate of Compliance shall be required and obtained in accordance ' this Chapter.
Sec.131.50 Risk Management Requirements
Prior to the issuance of a Certificate of Compliance, every Newsrack er who desires to install
a Newsrack on a public right of way shall file a written Agreement t mdemnify and hold the City
1�uinless. This Agreement shall be in a form prescribed from ti to time by the City Attorney,
whereby the Newsrack Owner, in exchange for the ability to ins 1 its Newsrack on the public right
of way, agrees to indexnnify and hold hannless the City, its o cers and employees from any loss,
liability or damage (including costs, disbursements and atto ey fees) for bodily or personal injury,
including death, and for property damage sustained by an erson or entity as a result of a Newsrack
installed on the public right of way.
Sec.131.60 Fees.
There shall be a Certificate of Complianc
per Newsrack location. Denied applicatio
dollazs ($5.00) for the first re-examination
applications or locations are subject to
location requires a new application, w'c
sha11 be established in an amount s cie
the administration and e
used for such purposes.
Sec.131.70 Appeal
(A)
e app cation fee in the amount of ten dollars ($10.60)
ns r locations are subject to a re-processing fee of five
f the amended application or location. All additional
standard application fee. Moving a Newsrack to a new
h is subj ect to the standard application fee. Such fees
nt to reimburse the City for all its expenses incurred in
terms and provisions of this Chapter, and shall only be
If, after the effecf e date of this Chapter, a Newsrack Owner has reasonable grounds to
claun that an ap ication for a Certificate of Compliance has been wrongfiilly denied or
that a Certific e of Compliance has been wrongfully revoked or that a Notice of Violaflon
or a Notice f Removal has been wrongfully issued, and wants to appeal that
detern�iu on, the appealing Owner sha11, within ten (10) days of receipt of notice of
denial o revocation or Notice of Violation or Nofice of Removal, demand a review by
givin 'tten notice to the D'uector, and including in that notice any exhibits such as
Page 5 of 16
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photographs or maps or affidavits which support the claim. No oral presentation shall be
permitted, and all grounds supporting the appeal sha11 be provided in writing. T'he
D'uector shall review the claim within fifteen (15) days of receipt of notice from the
appealing Owner. Within fifteen (15) days of the review, the Director shall pro ' e
written notice of the decision to the appealing Owner.
(B) Review during the Implementation Period for this Chapter shall be governed by Section
131.170(I�.
(C) If the appealing Owner believes the Director's decision of the a ea1 under section 131.70
(A) is in eaor, and the appealing Owner declines to amend the pplication and reapply as
provided in Section 131.40(D), the appealing Owner may fi a written request for a
review pursuant to Chapter 18, Legislative Hearing Office , of the City of St. Paul
Legislative Code.
Sec.131.80 Placement generally.
Newsracks may not be installed in any public right of w which is used regulazly or intended to
be used by motor vehicle traffic. Subject to the prohi tions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian eas. The closest edge to the street of any
Newsrack shall be installed paza11e1 to and not les an eighteen (18) inches nor more than
riventy-four (24) inches from the edge of the cur . Newsracks may also be installed, subject to
the prohibifions of this Chapter, near the wa11 a building if the closest edge to the building is
placed parallel to and not more than six (6) ' ches from the wa11. Newsracks shall not be installed
on the side towazd residen$al properiy, or n the side towazd lawns or grounds of business or
commercial proper[y. No Newsrack
Newsrack. Every Newsrack shall be
the street. No Newsrack sha11 be in �
signal, hydrant, United States Post�
equipment, pole or facility. �
�' be installed on the sidewalk opposite another
talled so as to open towazd the sidewalk, and not towazd
way installed or attached to any pole, post, traffic sign or
vice mailbox, parking meter or any other public fixture,
Sec. 131.90 Installation a d maintenance
(A) Newsracks sha11 t exceed sia�ty (60) inches in height, thirty (30) inches in width, or
twenty-four (24 ches in depth. The base shall haue a depth of at least 80% of the
median depth d shall haue a width of at least 80% of the median width of the box and
the base sh be fizlly enclosed so as to prohibit the introduction of foreign materials into
the base. ultilevel news racks shall be of uniform depth and width.
�
(C)
shall be manufactured from 20-gauge zinc grip steel or thicker.
;ks shall be, except as provided herein, uniformly forest green in color on a11
surfaces that are opaque, including all of the base, the back, the sides, and top.
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2 (D) No advertising signs or material, other than those dealing with the name of the publication
3 coutaiued withiu the Newsrack, shall be displayed on the outside of any Newsrack.
C!
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Each Newsrack which receives coins shall be equipped with a coin-rehun mechanis�Cto
permit a person using the machine to secure an immediate refund in the event he�e�she is
unable to receive the publication paid for. The coin-retum mecl�anism sha11 be" maintained
in good working order. /'
(F) Each Newsrack shall ha�e stenciled or othenvise permanently
visible place so as to be seen by anyone using the Newsrack a
and address of the Owner of or the Responsible Person for th�a
telephone number of a working telephone service to call
Person or to report a malfunction, or to secure a refund i:
the coin-return mechanism, or to give the notice provid�
;d to it in a readily
� setting forth the nazne
�rack and the
ar the Responsible
the event of a malfunction of
for in this Chapter.
(G) Each Newsrack shall be maintained 'm a neat and c an condition and in good repair at a11
times. Specifically, but without limiting the gen ality of the foregoing, each Newsrack
shall be serviced and maintained, or replaced i ecessary, so that: (1) it is reasonably &ee
of dirt and grease; (2) it is reasonably free of 'pped, faded, peeling and cracked paint in
the visible painted areas thereof; (3) it is fr of graffiti or other wriring or pictures added
without the permission of the Owner or a ded in excess of that permitted by paragraph
(G) of this section; (4) it is reasonably ee of rust and conosion in the visible metal areas
thereof; (5) the clear plastic or glass p s thereof, if any, through which the publicafions
therein are viewed are unbtoken an reasonably free of cracks, dents, blemishes and
discolorarion; (6) the structural solid parts thereof are not broken, do not contain
holes (other than vent holes as p of the design of the Newsrack), and aze not unduly
misshapen; (7) the dispensing ortion of each box shall be fully enclosed and weatherproof
so as to keep publications and free of snow and dirt; (8) a11 surFaces shall be of sturdy
unpact resistant materials; d, (9) it sha11 contain no sharp corners or sharp protrusions.
(H) Newsracks shall carry� card holders or advertising, but may display the name, with
lettering and backgro d of any colors, of the publicafion being dispensed, 3n spaces in the
locarions and sizes et forth below:
(1) On the ont of the Newsrack. The lettering size shall not exceed one and three-
quarte s(1 inches height. The lettering shall be placed within a colored-band
spac not exceeding two and one-half (2'/2) inches in height above the door hinge.
(2) n the sides and back of the Newsrack. The lettering size shall not exceed two
and one-half (2 inches in height. The lettering shall be placed within a colored-
band space not exceeding four and one-half (4'h) inches in height and begimung
one (1) inch from the top of the Newsrack.
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Newsracks for free publications may omit the coin box and may have the pull bar welded
to the door to produce an "honor rack."
4 Sec. 131.95 Newsrack Corrals.
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Newsracks wrthin close pro�ty of one another suggests the need for certairi lunits on
the number and placement of Newsracks. ;'
Newsrack Corrals may be placed and maintained on the public sidewalks by any City
agency or district council at locations acceptable by the D'uector. The D'uector sha11-'
approve any proposed location where, as determined by the D'uector, substantial i
pedestrian traffic, sidewalk congestion or the presence of a significant number o�
(B) Subject to the 1'vnitations set forth elsewhere in this Chapter, includi Section
131.170(D), the Director shall develop equitable criteria to allocat space within a
Newsrack Corral, where necessary, giving first priority to News cks displaying
publications that are then currendy displayed within tlurty (30 eet of such Corral.
(C) Prior to approving any locations or making any determina 'ons, as set forth in Section
131.80, prior to developing any criteria for allocating sp e, as set forth in Secfion
131.170, and prior to promulgating any regulations m' g any determinations relating to
this Sec6on, including any deternunations conce ' the appropriate size of Conals at
particular locations, the Director shall consult wi epresentatives of relevant city
agencies, City Council, the relevant district
editions of publicarions intended for distrib
mentioned representatives shall submit to t]
approval and publication of this Ordinanc
locations of Corrals and proposed criteri�
and entities which issue regular
i on the public right-of-way. The above-
irector within ninety days ofpassage,
ry proposals regazding appropriate size and
allocation of space within the Corrals.
(D) Subject to the criteria established p uant to Section 131.95 (C) above, the Director sha11
allow any person to place or main a Newsrack within a Newsrack Corral, so long as
such person maintains such rac n conformity with a11 requirements of this Chapter and so
long as such person is not pro bited from placing such Newsrack at the location of such
Corral by any provision of s Chapter.
(E) No person shall place o aintain a Newsrack withiu a Newsrack Corral unless the
Newsrack is unobtrus' ely attached by cables, chains or otherwise to the Corral so as to
ensure stability of Newsrack.
(F) No person sh aintain a Newsrack within thirty (30) feet of a Newsrack Corral unless
such Newsra is lawfully placed withiu such Corral at such location.
Sec.131.100 S ecific prohibitions.
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No Newsrack shall be installed:
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(A) Within five (5) feet of any marked crosswalk. �
(B) Within ten (10) feet of any unmazked crosswalk. �'
(C) VJithin ten (10} feet of any fize hydrant, fire ca11 box, police call box or otheF emergency
facility.
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(D) On a public right of way where it is crossed by a public or private 'veway or alley, or
within five (5) feet of such public or private driveway or alley c ossing, or within five (5)
feet of the end of radius or side slope of such public or privat driveway or alley crossing
where the public or private driveway or alley enters any s et or highway.
(E) Within five (5) feet ahead of, and twenty-five (25) fee o the reaz of any official public
transit bus sign marking a designated bus stop, me ed along the edge of pauement.
(F) In or within five (5) feet of the curb in any maz d truck zone, passenger loading zone,
van pool loading zone, handicapped transfer ne or ambulance loading zone.
(G) Within three (3) feet of any bus bench, b shelter, or plaza bench.
(H) At any location whereby the cleaz sp e for passageway of pedestrians is reduced to less
than five (5) feet. In those azeas ' maximum sidewalk widths on any block side of less
than seven feet six inches (7'6"), e clear space for passageway of pedestrians shall be the
m�imum amount possible w' complying with the other provisions of this Chapter, but
in no event shall the clear spa e for passageway of pedestrians be less than ttu�ee feet sis
inches (3'6"). In those areas 'th maxunuxn sidewalk widths on any block side of less
than seven feet six inches '6"), there shall be no more than four (4) total Newsracks on
the same side of the s block whereby the clear space for passageway of pedestrians is
reduced to less than (5 feet.
(I) On any lawn or o r within twelve (12) inches of any azea improved with a hedge, a
boulevazd garde , ar flowers, or within three (3) feet of any tree.
(� In front of or thin one and one half (1'/Z) feet from any window of any building abutting
the sidewal or pazkway or in such a manner as to impede or interfere with the reasonable
use of su window for display purpose, or within four (4) feet of a building entrance.
(K) On or thih two (2) feet of any pole, post, street light, utility pole, traffic sign or signal,
Uni d States Postal Service mailbo� parking meter, trash receptacle or other public
Page 9 of 16
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(L) Chained or bolted or otherwise attached to any property not owned by the Owner of the
Newsrack or to any permanenfly fiYed object without the prior written consent of such
property owner. Such written consent shall be promptly fiunished to the City upon
request. i
(Ivn By being chained to moze than two other Newsracks. A maximum of thre ewsracks
may be chained or physically joined togetber in banks if each of them mpiy with the
requirements of this Chapter and they are joined together in a maun that does not
present a hazard to the public. Any bank of three (3) Newsracks, hether chaiued or
unchained, and which aze sepazated individually in any case by ess than three feet, which
are placed on the curb or street side of a sidewallc must be at east three (3) feet from any
other Newsrack, except when located within a Newsrack rral pursuant to Section
131.95.
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(0)
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No two Newsracks displaying or offering the same p lication for sale or distribu6on may
be placed or maintained within thirty (30) feet of o e another, unless such Newsracks are
across the street from one another; provided, how ver, that no more than three Newsracks
displaying or offering the same publication for e or distribution may be placed or
maintained at or within fliirty (30) feet of any ne intersection.
In violarion of local, state or federal
That exceeds 42 inches in height and
street intersection. ,
That exceeds 42 inches in
and alley intersection.
accessibility regularions.
a distance of twenty (20) feet from any
is within a distance of ten (10) feet from any street
(Q) Over, above or on top of public utility opening, delivery chute, areaway access or
other access through the 'ght of way.
(R) Upon or Within 15 fe of any Parkway or Heritage Preservafion District.
Sec.131.110 Enforcem t procedures - Nonconforming Newsracks.
(A) Any Newsrac stalled in violafion of the provisions of this Chapter shall be tagged with
a"Notice of iolation" stating the violation, date of tagging, notice of intention to remove
the Newsx k and revoke the Certificate of Compliance if the violation is not corrected
within te (10) days and specifying the procedure for obtaining a hearing and oppominity
to be h d regazding the violation using the procedures set out in section 131.70. The
Dire or shall also provide notice to the Owner or Responsible Person thereof by sending
a c py of the "Notice of Violation" to the person listed in the applica6on, if any, pursuant
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to section 131.40(B), or to the person listed on the nofice affiYed to the Newsrack as
reguired by section 131.90(E).
(B) The D'uector may, as an altemative to tagging and revoking the Certificate of Co pliance
have such newsrack(s) moved, aligned or otherwise reposirioned in order to re re them
to a legal condition.
(C) Any Newsrack wluch has been tagged and remains in violation of the pr 'sions stated on
the tag past the ten-day conection period, and for which no Appeal h been requested
pursuant to section 131.70 during that ten-day cozrection period, sh 1 be removed and
stared in a secure locarion, and the Certificate of Compliance s be automatically
deemed revoked.
(C)
(1) The Director sha11 provide notice to the Owner or
sending a"Notice of Removal" to the person list
pursuant to section 131.40(B) or to the person ' t
Newsrack as required by section 131.90(E). ch
Person thereof by
in the application, if any,
d on the notice affixed to the
notice shall state the date the
Newsrack was removed, the reasons theref , and the procedure for obtaining a
post-removal hearing and opportunity to heard regarding the removal using the
Appeal procedures set out in section 131 0.
(2) Any such Newsrack removed and
released to the Owner or Responsi
(45) days after such removal and
removal and storage. Upon fail e
such Newsrack and pay the r ot
mailing of written notice of mo�
unclanned or abandoned
outlined in the Saint Pau
sto ed pursuant to these provisions shal] be
b Person thereof if claimed within forty-five
on the payment of reasonable charges of
of the Owner or Responsible Person to claim
.able charges within forty-five (45) days after the
�al, such Newsrack shall be deemed to be
and may be disposed of pursuant to provisions
ive Code relating to unclanned or abandoned
property, but without t�e requirement of fiuther hearings or no6ces.
Any Newsrack in violatio of the provisions of this Chapter, which violation oreates an
immediate and substanfi danger to the health, safety or welfare of the public, which
violation cannot be qui y and easily conected by moving or otherwise repositioning the
Newsrack, may be s arily removed and stored in a secure location so as to eliminate
the danger to the he th, safety and welfare of the publia The Directar shall subsequently
provide notice to e Owner or Responsible Person as otherwise outlined in this secfion
and allow for a st-deprivation hearing.
Sec.131.120
(A) A
Newsracks.
6k shall be deemed abandoned when no publication provided by a registered
Owner is in the Newsrack for a period of more than thirty (30) consecutive days.
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If an abandoned Newsrack, as determined by the Director pursuant to this secrion, is in a
location registered by a Certificate of Compliance, then that Certificate of Compliance shall
become void and be automatically deemed revoked, and the location shall become a,vailabie
to other Owners exclusively for a period of ninety (90) days. /
(B) A Newsrack location shall be deemed abandoned when the Newsrack regis red to the
location is not installed in its registered location for a period of more thirry (30)
consecutive days. If a Newsrack location is abandoned, as determined y the Director
pursuanttothissection,thentheCertificateofComplianceforthatlocati shallbecomevoid
and be automatically deemed revoked, and the location shall bec e available to other
Owners exclusively for a period of ninety (90) days.
(C) In the event a Newsrack Owner desires to voluntarily aban n a Newsrack location, the
Owner shall provide notice to the Director, completely remo e the Newsrack and restore the
public right-of-way to a safe condition, leaving no trace.
(D) When the Director shall find an abandoned Newsrack n the public right of way within the
city, the Director shall cause a Notice of Violatio to be placed upon it pursuant to the
procedures established in section 131.110.
Sec.131.130 Severability.
If any section, subdivision, sentence, clause o other part of this Chapter should be adjudged
void or of no effect, such decision shall no affect the validity of any other portions of this
Chapter.
Sec. 131.140 Rights of Underlyin ee Title Owner
This Chapter shall not in anyway 1' 't, lessen, or derogate the rights of ownership or control,
if any, of any owner of the un rlying fee title of any City right of way covered by this
Chapter.
Sec.131.150 Annlicatio To Other Governmental Units
This Chapter shall not ply to other govemmental units or in any way derogate their power
to regulate their prop or rights of way. All registrations under this Chapter are subject
to the authority of y other governmental unit.
Sec.131.160 Nature �f Permission
Permission t uistall a Newsrack on a public right of way is at the sufferance of the City. No
property ri t of any kind is intended or created. The City may at any time, either pursuant
to the pr visions of this Chapter or by ordinance amendment withdraw or modify its
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pernussion. All permission is subject to continual compliance with the provisions of flus
Chapter. If the physical surroundings of a Newsrack, which was legally located when
originally installed, change so that the Newsrack can no longer comply with sections 131.8Q,
131.100 or any other sections of this Chapter, then it shall be immediately removed by �
owner and its continuing presence shall be a violation subject to remedy under sectipn
131.110. 1
Sec.131.170 Implementation
The D'uector shall implement and administer this Chapter. The Director sha11 repare and
execute a plan to implement tius Chapter during the Implementation Period c nsistent with
the espressed purposes and provisions of this Chapter and consistent with e City of Saint
Paul Legislative and Administrative Codes and Charter. This plan s be guided by the
following:
(A) All determinations regarding Newsracks shall be content neutral.
(B) No preference shall be given to any particular type of
(C) After the Implementation Period of this Chapter, a11 a lications for a Certificate of
Compliance for any specific location which is permitted by e provisions of this Chapter sha11
be allocated on a first come, first served basis. Appli fions shall be date stamped when
received with the time of receipt noted.
(D) During the Implementation Period of this Chap r, priority allocation of Certificates of
Compliance for any specific location shall be g erned by a system designed, to the extent
reasonably possible, based on the nuxnber o locarions that are in compliance with this
Chapter, and according to the following pri 'fies in the following order:
(1) Locations on a specific side of specific City block are to be allocated to those
Newsracks that reasonably pro e to the Director that they were previously installed
(as of a date determined by e Director) on that specific block side.
(2) If necessary, the Directo shall construct a random allocation system for Newsracks
that reasonably prove the Director that they were previously installed (as of a date
determined by the ector) on a specific block side, and then randomly allocate
locations on that b ck side ar an adjacent block side as close to the previous location
as the requirem ts of this Chapter and the assigned priority level allow.
(3) Ifnecessary the Director shall construct a random allocation system for Newsracics
thatwere otpreviouslyinstalled,orthatcannotreasonablyprovetotheDirectorthat
they we e previously installed, (as of a date deternuned by the Director) on a specific
bloc ide and, and then randomly allocate locations on that block side or an adjacent
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block side as close to the requested location as the requirements of this Chapter and
the assigned priority level allow. These locations shall be allocated after the
allocations in the previous pazagraphs (D)(1) and (D)(2) above.
(E) The Director may, with reasonable notice (which may include notice on the City's Wor
VJide Web home page), establish application deadlines that occur no greater than ninety 0)
days prior to the end of the Implementation Period, for those Newsracks that app for
priority ailocation of Certificates of Compliance for any specific location pro 'ded in
pazagraph (D) of this section.
(F) The D'uector, to the estent reasonably possible, shall give notice of the oposed priority
allocafion of Certificates of Compliance to a11 Owners that apply for ority allocation as
ptovided in paragraph (D) of this section, at least fifty (45) days 'or to the end of the
Implementation Period for this Chapter.
(G) The Director may authorize the placement of warning notic on Newsracks at any time
during the ImplementaUon Period which state that all News ks aze subject to removal on
the specified effective date of this Chapter unless they ve obtained a Certificate of
Compliance pursuant to this Chapter. Each such warni.
regarding inquiries and the location for obtaining a Cer�
notice shall contain information
of Compliance.
(H) If, during the Implementation Period, a Newsrack O er has reasonable grounds to claim that
a Certificate of Compliance has been wrong ly denied, and wants to appeal that
deternrination, the appealing Owner shall, withi five (5) days of receipt of nofice of denial,
demand a review by giving written norice to e Director, and including in that notice any
e�ibits such as photographs or maps or idavits which support the claun. No oral
presentation shall be permitted, and all gro ds supporting the appeal shall be provided in
writing. The Director sha11 review the cl ' within ten (10) days of receipt of notice from the
appealing Owner. Within ten (10) day of the review, the Director sha11 provide written
notice of the decision to the annealin Owner.
(I) Ifthe appealing Owner believes th D'uector's decision ofthe appeal under Section 131.170
(H) is in error, the appealing O er may file a written request for a review pursuant to
Chapter 18, Legislative He Officer, of the City of St. Paul Legislative Code.
Section 131.180 Notice.
Unless otherwise spec cally provided for in this Chapter, any notice wiuch may be required
to be ar is given s 1 be in writing and shall be deemed received when it is either. (i)
Personally deliver , or (ii) Placed in the Certified U.S. Mail, rehun receipt requested.
Section 3
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Saint Paul Legislative Code Sections 18.01 and 18.02 aze hereby amended to read as follows:
Sec.18.01. Legislative hearing afficer.
In order to heaz and decide appeals of orders, decisions or determinations m by the
enforcement officers relative to the enforcement of health, housing, building or codes
contained in the Saint Paul Legislarive Code, as well as eals of decisions m e relative to
Newsracks under secfions 131.70 (Cl and 131.170 (I� of the St. Paul Legisla ' e Code there
shall be and is hereby created a legislarive hearing officer. The legislative aring officer shall
beaCityofSaintPaulemployeeappointedbythepresidentofthecity cil.Thelegislative
hearing officer shall have the authoriry to hear appeals to orders, dec' ions or determinations
of the enforcement officers and make recommendations to the ity council. The hearing
officer sha11 not have the power to grant waivers of the Minnes ta State Building Code. All
matters, orders, decisions and determinations of the hearing o cer shall be forwarded to the
city council in resolution form within ten (10) days of the aring officer's acfions. The city
council shail have the authority to approve, modify, rev se, revoke, wholly or partly, the
hearing o�cer's orders, decisions or determinafions an shall make such order, decision or
determination as ought to be made.
Sec.18.02. Hearing petition, filing, fee, notice.
Any property owner affected by any order whi has been issued in connection with the
enforcement of a health, housing, building or ire code, or any rule or regulation adopted
131.70 C or 131.170 I of the St. Paul Le slative Code, may request and shall be granted
a hearing before the legislative hearing offi9 r on all matters set forth in such notice; provided,
that such property ar Newsrack owner all first file with the legislative hearing officer a
written petition requesting such hearin d setting forth a brief statement ofgrounds therefor
within ten (10) days after the date th original notice of code violations, or within ten (10�
da s after the date the Newsrack cision under sections 131.70 C or 131.1 0 was
issued.
The filing fee for such pefitio shall be twenty-five dollars ($25.00) except that where there
is financial hazdship, the he ' g officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such tition, the hearing officer shall set a time and place for such hearing
and shall give the p ioner written notice thereof. The hearing shall be commenced not later
than thirty (30) s after the date on which the petition was filed.
Section 4
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ORIGi�1AL
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Sections 131.90(A) and (B) of Section 2 of tlus Ordivance shall become effective two yeazs
following its passage, approval and publication. All other provisions ofthis Ordivauce shall
become effecfive 180 davs followin¢ its nassage_ annroval and nuhl;catinn
council
By. -'
Randy Lebedoff
Vice Presitlent antl
General Caunsel
(612) 673-4600 FAX: (672) 673-4607
425 Portiartd Avenue
Minneapoiis, Minnesota 55488-0002
November 22, 2000
DELIVERY BY HAND
ia�� R�II?1?2y
City Council - Ward 4
City Hall - Room 310D
15 West Kellogg Blvd.
St. Paul, MN 55102
Deaz Council Member Benanav:
�6� ���
I write to protest the passage of the proposed newsrack ordinance. We have made enormous
progress working with Councilman Coleman and the other members of the Council to try to
arrive at an ordinance which would address the issues of concern to the Council but not place an
undue burden on the newspapers which will be affected. We aze close with this ordinance, but
the issues which remain aze significant and place a large and costly burden on the Staz Tribune.
These issues include:
1. The numerous placement requirements which require Star Tribune to
review the geography and signage of each block in the city to determine
whether nlacement is allowed.
2. The reporting requirements which require the Star Tribune to file a report
concerning ali of its newsracks each rime a rack is added oz moved.
3. The rack card requirement which unconstitutionally limits what can be
said to advertising the "name" of the paper.
Finally, the ordinance itself has the effect of harn�ing competirion in the newspaper indushy by
favoring and fixrther entrenching newspapers such as the Pioneer Press at the expense of all other
paid newspapers (like USA Today, New York Titnes, Chicago Tribune and Star Tribune). This
is because the vast majority of readers obtain the Pioneer Press within St. Paul through home
delivery, while the main method of distribution by most, if not all, other paid newspapers within
the city is through newsracks.
\
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Su� ; -,�-��
i��v• �'� d000
�' � y �
Presented By
Referred To
Council FiZe # QQ � �SQ
Ordinance #
Committee Date :
A legislative ordinance
to regulate newsracks that aze located
within public rights of way.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
�3
Section 1
Saint Paul Legislative Code Chapter 128 is hereby repealed.
Section 2
A new Chapter 131 is hereby enacted as part of the 5aint Paul Legislative Code to read as
follows:
CHAPTER 131 NEWSRACKS
Sec.131.10. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this section, except where the context ciearly indicates a different meaning:
"Director" means the Director of the {Department of Public Works} {8€€e� - `�i��
f the City of St. Paul, or his or her designee.
°Heritage Preservation DistricP' means any areas, places, or districts which have been duly
designated and listed as heritage preservation districts pursuant to St. Paul Legislative Code
Chapter 74.
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1 "Implementation Period" means the 180-day period of time elapsing after passage, approval and
2 publicafion of this Chapter, but before the effective date of tlus Chapter, and during which time
3 the Duector shall prepaze and execute a plan to implement this Chapter.
4
'7nstall" or "instaZled" means to place, affi�c, erect, constnict, operate or maintain a Newsrack.
6
7 "Newsrack" means any type of unmanned device for the vending or free distriburion of
8 newspapers, news periodicals, advertising suppiements, advertising periodicals, political
9 periodicals, and similar publicarions.
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"Newsrack Corral" or "Corral"means any three sided post and rail structure designed to group
I�iewsracks in stable clusters.
"Parkway" means those streets and avenues that are designated as pazkways and boulevazds
pursuant to St. Paul Legislative Code sections 145.02 and 145.03.
"Responszble Person"means an individual who is listed on
�iRnee a Master List of newsrack locafions �ursuant to section 131.40 and who, on behalf
of an Owner, may receive notice, respond to complaints, and be notified or contacted at any time
concerning a Newsrack.
"Owner" means any person which either holds an ownership interest in or operates a Newsrack
that it seeks to install or has installed in the Public Right of Way.
25 "Person" means any individual, person or entity, however organized, whether public ar private,
26 whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or
27 political. Examples include a business or coxnmercial enterprise organized as any type or
28 combination of corporarion, limited liability company, partnership, proprietorship, association,
29 cooperative,orjoint venture.
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31 "Right-of-way" or "Public right-of-way" means the area in, on or above a public roadway,
32 highway, street, cartway, boulevard, bicycle lane, sidewalk, parkway or alley which the City
33 owns or over which it has asa easement or interest, including other dedicated rights-of-way, for
34 public purposes.
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Sec. 131.20 Purpose and criteria.
The purpose of this Chapter is to promote the public health, safety and welfare through the
regulation of placement, type, appeazance and servicing of Newsracks on public rights-of-way so
as to:
(A) Provide for pedestrian and driving safety and convenience, and comply with local, state
or federal handicapped accessibility regulations.
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1 (B) Restrict unreasonable interference with the public use of the public right-of-way and with
2 the flow of pedestrian or vehiculaz traffic including ingress into or egress from any
3 residence or place of business, or from the street to the sidewalk by persons e�ting or
4 entering parked or standing velaicles.
5
6 (C) Provide for the safety of people and property during periods of heavy snow, stotms, and
7 other adverse weather conditions, and for the proper funcfioning of the City's safety and
8 sanitation forces.
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10 (D) Provide reasonable access: (i) For the use and maintenance of poles, posts, traffic signs or
11 signals, hydrants, utility openings, delivery chutes, trash receptacles, bus or plaza
12 benches, United States postal service mailboxes, parking meters and other public fixhues;
13 and (ii) To locations used for public transportation purposes.
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(E) Relocate and/or replace Newsracks which result in a visual blight and/or excessive space
allocation on the public rights-of-way or which unreasonably detract from the aesthetics
of store window displays, adjacent landscaping and other improvements, both public and
private, as well as to remove abandoned Newsracks.
�)
(G)
(H)
(I)
(J)
Maintain and protect the values of surrounding properties, and protect and preserve
public property.
Reduce unnecessary exposure of the public to personal injury or property damage.
Treat all publications ec{ually regardless of their size, content, circulation, or frequency of
publication.
Maintain and preserve freedom of speech and freedom of the press.
Protect and enhance the City of St. Paul's attraction to residents, tourists and visitors, and
serve as a support and stimulus to business and industry, by enhancing the visual and
aesthetic character and interest of the City.
Sec. 131.30 Master List and Corresponding Sticker or
Statement required.
No person shall install a Newsrack on or in the public right of way without first �
submittine to the Director a Master List that contains the location
of each newsrack and the items described in section 131.40. and without first affixin tg o the
Newsrack a sticker or statement pursuant to section 131.90 (E) �__ _,. _ti ..r .__ ___,,,. :_ _,. ,__�,.__ _„
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Sec. 131.40 Submission of Master
List and other items.
(A) . Duties o
Director. The Director is responsible for fairly coordinating and administering the
physical placement of Newsracks ,
as provided
for in this Chaoter. for ensurine that the items described in ttus Chaapter aze roroerly
submitted. and for enforcint? this Ordivance.
,.r.t_ i.1,."'__'_t_ _ti_n ri„ __�.t ,.ti_
�ayye«.uccvisa. iii� uYYiia.cuiy wia� uausc ua. c¢rv �
Submissions. Before
anv Newsrack may be installed, and at least everv three (3) months thereafter, each
Newsrack Owner sha11 submit to the Director a Master List. as well as any fee, hold
harmless agreement, and certification required under this section. The Master List shall
s eci each �e�ese� Newsrack location in nuxnerical order and �v�ek shall contain the
following information and attachments:
(1) The name, address and telephone numbers of °"�rro�,r3 each Owner of the
Newsrack.
(2) The nazne, address and telephone number of a Responsible Person whom the City
may provide notice or contact at any time concetning the Newsrack(s), which
notice, if given, shall bind and be deemed actual notice to the Owner(s) of the
Newsrack.
(3) The s e_p cific location of each Newsrack
listed individuallv and numerically, including anv identifyin¢ information for the
location, such as a corresroondine street address and specific corner of an
intersection, where a�plicable.
, , , ,
(4) Information that allows the Director to easilv determine whether each Newsrack
location contained in the list is: (1) a new location (relative to the most recent
Master List submitted�(2) an existin�location (relative to the most recent Master
List submittedl, or (31 that a Newsrack location has been removed from the list.
(5)
(6)
>�
�'-- •°-- '- The fee, if any, as established nursuant to section 131.60.
rccwsru@�c
A fully executed hold hazmless agreement as required by this Chapter.
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1 (� A certification, signed by an individua] with the requisite corporate or other power
2 and authority to bind the applicant, wluch states that the applicant has reviewed,
3 uaderstands, and will comply with a11 requuements of tUis Chapter, and that all
4 informarion contained in the Master List is truthfiil_ accurate, complete and u-p YO_
5 date.
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' ;; : > , - -� --- • -- -- - - - -- - - -
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- - - -- ---- -- - - -- • - -- � -- - • - - -- - - - - - - -- � -
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- -- - -- -- -- �- - - ..- --- - - - -- -
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Sec. 131.50 Risk Management Requirements
Prior to installation. , very Newsrack Owner who
desires to install a Newsrack on a public right of way shall file a written Agreement to indemnify
and hold the City harmless. This Agreement shall be in a form prescribed from tune to time by the
City Attorney, whereby the Newsrack Owner, in exchange for the ability to install its Newsrack on
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the public right of way, agrees to indemnify and hold hazmless the City, its officers and employees
from any loss, liability or da�nage (including costs, disbursements and attorney fees) for bodily or
personal injury, including death, and for properiy damage sustained by any person or entity as a
result of a Newsrack installed on the public right of way.
Sec.131.60 Fees.
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The fee. if any, shall be in an amount sufficient to reimburse the City for a11 its expenses incurred
in the aduiinistrafion and enforcement of the terms and provisions of this Chapter, and the fee
shall oniv be used for such putposes. The fee ma�onl�e imposed following the roreuaration of
a report from the Director to the Council describing all such expenses, shall be based on the
number of Newsracks placed in the �ublic ri�ht-of-wav bv Newsrack Owners, and shall be
established from time-to-time bv resolution of the Citv Council.
Sec.131.70 Appeal
(A) If, after the effective date of this Chapter, a Newsrack Owner has reasonable grounds to
claim that
a Notice of
Violafion or allotice of Removal has been wrongfully issued, and wants to appeal that
determination, the appealing Owner shall, within ten (10) days of receipt of the ����
�.._: _, __ _._ __,..: __ __ Notice of Violation or Notice of Removal, demand a review by
giving written notice to the Director, and including in that notice any e�ibits such as
photographs or maps or affidavits which support the claun. No oral presentation shall be
pernutted, and a11 grounds supporting the appeal shall be provided in writing. The
Director sha11 review the claim within fifteen (15) days of receipt of notice from the
appealing Owner. Within fifteen (15) days ofthe review, the Director shall provide
written notice of the decision to the appealing Owner.
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(B) If the appealing Ovmer believes the D'uector's decision of the appeal under section
131.70 (A) is in error,
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. , the appealing Owner may file a written request
for a review pursuant to Chapter 18, Legislarive Hearing Officer, of the City of St. Paul
Legislative Code.
Sec. 131.80 Placement generally.
Newsracks may not be installed in any public right of way which is used regutarly or intended to
be used by motor vehicle traffic. Subject to the prohibitions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian areas. The closest edge to the street of any
Newsrack shall be installed pazallel to and not less than eighteen (18) inches nor more than
twenty-four (24) inches from the edge of the curb. Newsracks may also be installed, subject to
the prohibitions of this Chapter, neaz the wall of a building if the closest edge to the building is
placed parallel to and not more than six (6) inches from the wall. Newsracks shall not be
installed on the side towazd residenrial property,
-- `` -- anoa�r"�i� Every Newsrack shall be installed so as to open toward the sidewalk, and not
towazd the street. No Newsrack shall be in any way installed or attached to any , , h�affic
sign or signal, hydrant, United States Postal Service mailbox, or parking meter �
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Sec.131.90 Installation and maintenance
(A) Newsracks shall not exceed sixty (60) inches in height, tlurry (30) inches in width, or
twenty-four (24) inches in depth.
aL-� Multilevel news racks shall be of uniform depth and width.
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(B)
(C)
No advertising signs or material, other than those � advertisine the name of
the publicafion contained within the Newsrack, shall be displayed on the outside of any
Newsrack.
Each Newsrack which receives coins shall be equipped with a coin-return mechanism to
permit a person using the machine to secure an immediate refund in the event he or she is
unable to receive the publication paid for. The coin-retum mechanism shall be
maintained in good working order.
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i (D) Each Newsrack shall have stenciled or otherwise permanently affi�ed to it in a Leadily
2 visible place a notice setting forth the
3 name and address of the Owner of or the Responsible Person for the Newsrack and the
4 telephone number ' to call the Owner or the Responsible
5 Person or to report a malfunction, or to secure a refund in the event of a malfimction of
6 the coin-return mechanism, or to give the notice provided for in this Chapter.
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(E) In order to verifv comuliance with the Master List reqnirement in sections 13130 and
131.40. each Newsrack shall have stenciled or otherwise�ermanenflv affi�ed to it in a
readilv visible place a sticker or notice verifyiue that the Newsrack has been listed on a
Master List nreviously submitted to the Director, and statine the month, yeaz, and
correspondin� number of the Newsrack on that list.
The Director mav, however, substitute a reasonable alternative to the "corresponding
number" requirement in the rorecedint? pazagraph. provided that any such alternative must
assist the Director in verif�ne compliance with the Master List requirement.
(F) Each Newsrack sha11 be maintained in a neat and clean condition and in good repair at all
times. Specifically, but without limiting the generality of the foregoing, each Newsrack
shall be serviced and maintained, or replaced if necessary, so that: (1) it is reasonably free
of dirt and grease; (2) it is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted azeas thereof; (3) it is free of graffiti or other writing or pictures added
without the pernussion of the Owner
HH}s€�s-seetiea; (4) it is reasonably free of rust and conosion in the visible metal areas
thereof; (5) the clear plastic or glass parts thereof, if any, through which the publicafions
therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and
discoloration; (6) the sriuctural and solid parts thereof aze not broken, do not contain
holes (other than vent holes as part of the design of the Newsrack), and are not unduly
misshapen; (7) the dispensing portion of each box sha11 be fully enclosed and
weatherproof so as to keep publications dry and free of snow and dirt; (8) all surfaces
shall be of sturdy impact resistant materials; and, (9) it shall contain no sharp corners or
sharp protrusions.
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::.: : . .: . . : : . . . . ::e�!'r�:a�e�":�s�_"��: : � - - - - - - - - - - -
4 (G) Newsracks for free publications may omit the coin box and may have the pull baz -
5 attached to the door to produce an "honor rack."
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7 Sec.131.95 Newsrack Corrals.
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Newsrack Corrals may be placed and maintained on the public sidewalks by any City
agency or district council at locations acceptable by the Director subject to th�rovisions
of this section. The Director s�a3� mav approve any proposed location where, as
determined by the D'uector, substautial pedestrian traffiq sidewalk congestion or the
presence of an excessive number of Newsracks within close pro�cimity of one another
suggests the need for certaiu limits on the number and placement of Newsracks.
(B) Subject to the lnnitations set forth elsewhere in this Chapter,�g-See�iea
i3i-i�A(B} the Director shall develop equitable criteria to allocate space within a
Newsrack Corral, where necessary, giving first priority to Newsracks displaying
publications that aze then currently displayed within thiriy (30) feet of such Conal.
(C) Priorto ,
• , ,
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, ' installine
Corrals at particular locations, the Director shall consult with and solicit the views of
representatives of relevant city agencies, City Council, the relevant district council(s) and
entities which issue regular editions of publications ' distributed
on the public right-of-way.
,
(D) Subject to the criteria established pursuant to Section 131.95 (C) above, the Director shall
a11ow any person to place or maintain a Newsrack within a Newsrack Conal, so long as
such person maintains such rack in conformity with all requirements of this Chapter and
so long as such person is not prohibited from placing such Newsrack at the location of
such Corral by any provision of this Chapter.
(E) No person shall place or maintain a Newsrack within a Newsrack Corral unless the
Newsrack is unobhusively aitached by nlastic coated cables, plastic coated chains or
otherwise to the Conal so as to ensure stability of the Newsrack.
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1 (F) No person shall maintain a Newsrack within �{38j twenty-five (251 feet of a
2 Newsrack Corral unless srxek the Newsrack is lawfully placed within s�xek the Corral at
3 snek that location.
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5 Sec. 131.100 Specific prohibitions.
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No Newsrack shall be installed:
(A)
�)
(C)
Within €rae-{3}three 3 feet of any marked crosswalk.
Withiu�en-(�9j three 3 feet of any unmazked crosswalk.
Within ten (10) feet of any fire hydraut, fire call box, fire stand nine, police call box or
other emergency facility.
16 (D) On a public right of way where it is crossed by a public or private driveway or alley, or
17 within five (5) feet of such public or private driveway or a11ey crossing, or within five (5)
18 feet of the end of radius or side slope of such public or private driveway or alley crossing
19 where the public or private driveway or alley enters any street or highway.
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�)
(F)
(G)
(H) At any location whereby the clear space for passageway of pedestrians is reduced to less
than five (5) feet. In those areas with maximum sidewalk widths on any block side of
less than seven feet six inches (7'6"), the clear space for passageway of pedestrians shall
be the masimum amount possible while complying with the other provisions of this
Chapter, but in no event shall the cleaz space for passageway of pedestrians be less than
three feet six inches (3'6"). In those azeas with maximum sidewalk widths on any block
side of less than seven feet six inches (7'6"), there shall be no more than four (4) total
Newsracks on the same side of the same block whereby the cleaz space for passageway of
pedestrians is reduced to less than (5) feet.
(I)
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Within five (5) feet ahead of, and twenty-five (25) feet to the reaz of any official public
transit bus sign mazking a designated bus stop, measured along the edge of pavement.
In or within five (5) feet of the curb in any marked truck zone, passenger loading zone,
van pool loading zone, handicapped transfer zone or ambulance loading zone.
Within three (3) feet of any bus bench, bus shelter, or plaza bench.
On any lawn or on or within twelve (12) inches of any azea improved with a hedge, a
boulevazd gazden, or flowers, or within three (3) feet of any tree.
' Within one and one half (l i/z) feet from any window of any building
abutting the sidewalk or parkway or in such a manner as to impede or interfere with the
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1 reasonable use of such window for display purpose, unless nermission has been obtained
2 from the paztv havina lesal authority over the window. or within four (4) feet of a
3 building entrauce.
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5 (K) On, attached to, or within two (2) feet of any , ,' , traffic
6 sign or signal, United States Postal Service mailbox, pazking meter, or trash receptacle er
7 et�er-��.
9 (L) Chained or bolted or otherwise attached to any properry not owned by the Owner of the
10 Newsrack or to any permanently fised object ' if
11 the properry owner obiects.
12 upen-�eq�es� Provided. however, that onlv attachment devices that do not dama�e the
13 �ropeztv. such as coated chains or cables. shall be used and that bxattaching to such
14 propertv the Newsrack Owner expressly_a�xees that the pronertv owner mav revoke the
15 pernussion and may remove the chains or cables without notice and without cause at anv
16 time.
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In Herita¢e Preservation Districts, no more than three (3) Newsracks may be chained or
ph sicallv�inedtogether.
30 No two Newsracks displaying or offering the same publication for sale or distribution
31 may be placed or maintained within twen 20 t3�irE�{383 feet of one another, unless
32 such Newsracks are across the street from one another; provided, however, that no more
33 than three Newsracks displaying or offering the same publication for sale or distribution
34 may be placed or maintained at or within twen 20 #3�r�{38j feet of any one
35 intersection.
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(Ivn By being chained to more than �we{z'�j five 5 other Newsracks. A maximum of fi3�ree
(3j six 6 Newsracks may be chained or physically joined together in banks if each of
them ea�}p complies with the requirements of tlus Chapter and they aze joined together
in a manner that does not present a hazard to the public. Any bank of �) six 6
Newsracks, whether chained or unchained,
that are placed on the curb or street side of a
sidewalk must be at least three (3) feet from any other Newsrack, except when located
within a Newsrack Corral pursuant to Section 131.95.
Tn violation of local, state or federal handicapped accessibility regulations.
That exceeds €ert�-twe-(�2j s' 60 inches in height and is within a distance of twenty
(20) feet from any street intersection.
That exceeds £+��-t�ae-E42� s� 60 inches in height and is within a distance of ten (10)
feet from any street and alley intersection.
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2 (Q) Over, above or on top of any public utility opening, delivery chute, azeaway access or
3 other access through the right of way.
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5 (R) Upon any Pazkway. unless the adiacent prope is �runazilX
6 devoted to commercial or industrial uses .
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8 Sec. 131.110 Enforcement procedures - Nonconforming Newsracks.
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(A) Any Newsrack insCalled in violation of the provisions of this Chapter shall be tagged with
a"Notice of Violation" stating the violation, date of tagging, and notice of intention to
remove the Newsrack if the violation is not
conected within ten (10) days and specifying the procedure for obtaining a hearing and
opportunity to be heard regarding the violation using the procedures set out in section
131.70. The Directar shall also provide notice to the Owner or Responsible Person
thereof by sending a copy of the "Notice of Violation" to the person listed in the
a�iea�ien Master List, if any, pursuant to section 131.40 fBj, or to the person listed on
the notice affixed to the Newsrack as required by section 131.90�Ej.
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(C)
The Directoz may, as an altemative to tagging
�ee, haue such Newsrack(s) � realigned or otherwise repositioned in order
to restore them to a legal condirion.
Any Newsrack which has been tagged and remains in violation of the provisions stated on
the tag past the ten-day correction period, and for which no Appeal has been requested
pursuant to secrion 131.70 during that ten-day correction period, shall be removed and
stored in a secure location,
.,_____�.
(1) The Director shall provide notice to the Owner or Responsible Person thereof by
sending a"Notice of Removal" to the person listed in the a�ieatie�Master List�
if any, pursuant to section 131.40($j or to the person listed on the notice affixed
to the Newsrack as required by section 131.90 fEj. Such notice shall state the date
the Newsrack was removed, the reasons therefore, and the procedure for obtaining
a post-removal hearing and opportunity to be heazd regazding the removal using
the Appeal procedures set out in section 131.70.
(2) Any such Newsrack removed and stored pursuant to these provisions shall be
released to the Owner or Responsible Person thereof if claimed within forty-five
(45) days after such removal and upon the payment of reasonable charges of
removal and storage. Upon failure of the Owner or Responsible Person to claim
such Newsrack and pay the reasonable chazges within forty-five (45) days after
the mailing of written notice of removal, such Newsrack shall be deemed to be
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1 unclaimed or abandoned properiy and may be disposed of pursuant to provisions
2 outlined in the Saint Paul Legisiative Code relating to unclaimed or abandoned
3 property, but without the requirement of further hearings or nofices.
4
5 (D) Any Newsrack in violation of the provisions of this Chapter, which violation creates an
6 immediate and substantial danger to the healtU, safety or welfaze of the public, which
7 violation cannot be quickly and easily conected by moving or otherwise repositioning the
8 Newsrack, may be suumiarily removed and stored in a secure location so as to eliuunate
9 the danger to the health, safety and welfaze of the public. The D'uector shall promptiv_
10 sx�seQnea�� provide norice to the Owner or Responsible Person as otherwise outlined in
11 this section and a11ow for a post-deprivarion hearing.
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13 Sec.131.120 Abandoned Newsracks.
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(A) A Newsrack shall be deemed abandoned when no publication provided by a registered
Newsrack Owner is in the Newsrack for a period of more than thirty (30) consecutive days,
or when the Newsrack and location have not been included on a Master List as required
under this Cha t�_ ,
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(B) In the event a Newsrack Owner desires to voluntarily abandon a Newsrack location, the
Owner shall provide notice to the D'uector, includine the month and the year that the
Newsrack was first placed on a Master List, and the cones op nding Master List number, and
completely remove the Newsrack and restore the public right-of-way to a safe condition,
leauing no trace.
(C) When the Director shall find an abandoned Newsrack on the public right of way within the
city, the D'uector sha11 cause a Notice of Violafion to be placed upon it pursuant to the
procedures established in section 131.110.
Sec.131.130 Severability.
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1 If any secrion, subdivision, sentence, clause or othet part of this Chapter should be adjudged
2 void or of no effect, such decision shall not affect the validity of any other portions of this
3 Chapter.
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5 Sec.131.140 Rights of Underlying Fee Titie Owner
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This Chapter shall not in anyway limit, lessen, or derogate the rights of ownership or control,
if any, of any owner of the undeflying fee ritle of any City right of way covered by this
Chapter.
Sec.131.150 Application To Other Governmental Units
This Chapter sha11 not apply to other governmental units or in any way derogate their power
to regulate their property or rights of way. All registrations under this Chapter are subject
to the authority of any other governmental unit.
Sec. 131.160 Change of Surroundin�s
Pernussion to install a Newsrack on a public right of way is at the sufferance of the City. No
property right of any kind is intended or created. The City may at any time, either pursuant
to the provisions of this Chapter or by ordinance amendment withdraw or modify its
permission. All pernussion is subject to continual compliance with the provisions of this
Chapter. If the physical surroundings of a Newsrack, which was legally located when
originally installed, change so that the Newsrack can no longer comply with sections 131.80,
131.100 or any other sections of this Chapter, then it shall promrotiv be �atc-l� removed
by its Owner and its continuing presence shall be a violation subject to remedy under section
131.110.
Sec.131.170 Implementation
(A)
:
The Director shall implement and administer this Chapter. The Director shall prepare and
execute a plan to implement this Chapter during the Implementation Period consistent with
the expressed purposes and provisions of this Chapter and consistent with the City of Saint
Pau1 Legislative and Administrative Codes and Charter. This plan shall be guided by the
following:
AII determinations regazding Newsracks shall be content neutral.
No preference shall be given to any particular type of publication.
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:
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. -- - -- - - - -- - - - - - --- --- - .: ---- -- - - -
::- - -- - - - - - - -- - - -- - - ' -
' - -- -- - --- -- - --- - - -- - - - - - - --
1 -- -- -- - - - • -- - - - - - - --
-- - - -- - -- -- -• -- ` -- - - - - -•
ir -- -- ` - - -- - - ----- - - - -- - - -
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. --- ---- - - - -- - -- - - - - -- - -- - - --
1$
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�i.�i�oii�h:wrri���wdivi��an:�tile�ir:na6:ainieG.i:�r �i:.ii:�i�iGr:��ii�R.n�i�iiwv�in.:iii��i��Liav�w�r:ib.�:
- - - - - - - - --- - - - � -
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Y. � \ _ . . . . �
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.lit. � •T'
(C) The Director may authorize the placement of warning notices on Newsracks at any fvne
during the Implementation Period which state that all Newsracks aze subject to removal on
the specified effective date of this Chapter unless they '--- --'-`-:---' _ r_...�.._._ _r
are in comroliance with the requirements of this Chapter. Each such
waznnig notice sha11 contain information regazding inquiries
about com in iance.
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Section 131180 Nofice.
Unless otherwise specifically provided for in this Chapter, any notice which may be required
to be or is given shall be in writing and shall be deemed received when it is either: (i)
Personally delivered, or (ii) Placed in the Certified U.S. Mail, return receipt requested.
Section 3
SaintPaul Legislative Code Sections 18.01 and 18A2 azehereby amendedto read as follows:
Sec.18.01. Legislative hearing officer.
In order to hear and decide appeals of orders, decisions or determinations made by the
enforcement officers relative to the enforcement of health, housing, building or fire codes
contained in the Saint Paul Legislative Code, as well as aproeals of decisions made relative
to Newsracks under the St. Paul LegislaUve Code, there shall be and is hereby created a
legislative hearing officer. The legislative hearing officer shall be a City of Saint Paul
employee appointed by the president of the city council. The legislative hearing officer shall
have the authority to hear appeals to arders, decisions or determinations of the enforcement
officers and make recommendations to the city council. The hearing officer sha11 not have
the power to grant waivers of the Minnesota State Building Code. All matters, orders,
decisions and determinations of the hearing officer shall be forwarded to the city council in
resolution form within ten (10) days of the hearing officer's acfions. The city council sha11
have the authority to approve, modify, reverse, xevoke, wholly or parfly, the hearing officer's
orders, decisions or deternvnations and shall make such order, decision or deteruiination as
ought to be made.
Sec. 18.02. Hearing petihon, filing, fee, nohce.
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Any property owner afFected by any arder which has been issued in connecrion with the
enforcement of a health, housing, building or fire code, or any rule or regulation adopted
pursuant thereto, or any IVewsrack Owner affected bv anv decision made nursuant to section
131.701B) of the St. Paul Legislative Code, may request and shall be granted a hearing
before the legislative hearing officer on all matters set forth in such notice; provided, that
such property orl3ewsrack owner shall first file with the legislative hearing officer a written
peririonrequesting suchhearing and setting forthabriefstatementofgrounds thereforwithin
ten (10) days after the date the original notice of code violations, or within ten (10) days after
the date on wluch nofice of the Newsrack decision under section 131.70 Bl, was issued.
The filing fee for such petifion shall be twenty-five dollazs ($25.00) except that where there
is financial hardship, the hearing officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such petition, the hearing officer shall set a tnne and place for such hearing
and shall give the petitioner written notice thereof. The hearing shall be commenced not later
than tlurty (30) days after the date on which the petition was filed.
Section 4
Sections 131.90(A) x�l{Bj-of Section 2 of this Ordinance shall become effective two (2)
yeazs following its passage, approval and publicarion. `"--`=°-- '-` `'-�- ^-'=-°-__ _ti_„
, . All other
provisions of this Ordinance sha11 become effective one-hundred and eighty (180) days
following their passage, approval and publication.
r,,,��,�n�,��..a,.»�,a,;.�e�,T..�,
Adoption ertified by Council Secretary
s �- ---g
Approved by Mayor: Date !'7G6f/
BY: �v �
Q(�S iCttm
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Requested by Department of:
By:
Form Approved by City Attorney
�
_ ��� � ' I � � � �
Approved by Mayor for Submission to Council
By:
PUBLlS}iEb
� ' - pil
. .
Adopted by Covncil: Date ��L�.2. }�oo�
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GREEN SHEET
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�F %�11jT L, MINNESOTA � ��
Presented By ��
Referred To
I� . •
A legislative ordinance
to regulate newsracks that aze lo�
within public rights of way.
THE COLTNCIL OF THE CITY OF SAINT PAUL DOES
Section 1
Saint Paul Legislative Code Chapter 128 i��ereby repealed.
Se���iO�n 2
A new Chapter 131 is hereby enact��as part of the Saint Paul Legislative Code to read as
follows: s �
CHAPTER 131 1�EWSRACKS
Sec.131.10. Defmitions.
The following wozds, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this sectio.�i, except where the context clearly indicates a different meaning:
�`
"Director" means the Director of the [Department of Public Works] [Office of License,
Inspections and Enviro�nental Protection] of the City of St. Paul, or his or her designee.
�f
"Heritage Preservat¢on District"means any areas, places, or districts which have been duly
designated and lis�d as heritage preservation districts pursuant to St. Paul Legislative Code
Chapter 74. �
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"Implementation Period" means the 180-day period of time elapsing after passage, approval and
publication of this Chapter, but before the effective date of this Chapter, and during which time
the Director shall prepaze and execute a plan to implement this Chapter. a
"Install" or "installed" means to place, affix, erect, construct, operate or maintain a N
"Newsrack" means any type of unmanned device for the vending or free distribi
newspapers, news periodicals, advertising suppiements, advertising periodicals,
periodicals, and similar publications. ;,
"Newsrack Corral" or "Corral"means any three sided post and rail
Newsracks in stable clusters.
"Parkway"means those streets and avenues that are designated as
pursuant to St. Paul Legislafive Code sections 145.02 and 145.03„
designed to group
and boulevazds
"Responsible Person"means an individual who is listed on an��"pplication for a Certificate of
Compliance and who, on behalf of an Owner, may receive n�tice, respond to complaints, and be
notified or contacted at any time concerning a Newsrack��
"Owner" means any person which either holds an own�ship interest in ar operates a Newsrack
that it seeks to install or has installed in the Public Right of Way.
"Person" means any individual, person or entity, however organized, whether public or private,
whether domestic or foreign, whether for profit o� nonprofit, and whether natural, corporate, or
politicai. Examples include a business or coma�iercial enterprise organized as any type or
combination of corporafion, limited liabili ��mpany, partnership, proprietorship, association,
cooperative, or joint venture.
,
"Right-of-way" or "Public right-of-way
highway, street, cartway, boulevard, bi
owns or over which it has an easemeri't
public purposes. _'�
Sec. 131.20 Purpose and
The purpose of this Chapter
regulation of placement, ty�i
as to: �
(A)
Provide for
or federal h
� °ineans the area in, on or above a public roadway,
ycle lane, sidewalk, parkway or alley which the City
or interest, including other dedicated rights-of-way, for
to promote the public health, safety and welfare through the
appearance and servicing of Newsracks on public rights-of-way so
and driving safety and convenience, and comply with local, state
accessibility regulations.
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1 (B) Restrict unreasonable interference with the public use of the public right-of-way and with
2 the flow of pedestrian or vehiculaz traffic including ingress into or egress from any
3 residence or place of business, or from the street to the sidewalk by persons e�ting
4 entering pazked or standing vehicles. �
6 (C) Provide for the safety of people and properiy_during periods of heavy s w, storms, and
7 other adverse weather conditions, and for the proper functioning of City's safety and
8 sanitation forces.
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(D) Provide reasonable access: (i) For the use and maintenance of oles, posts, traffic signs or
signals, hydrants, ufility openings, delivery chutes, trash rec tacles, bus or plaza
benches, United States postal service mailboxes, parking eters and other public fixtures;
and (ii) To locations used for pubiic transportation purp ses.
(E) Relocate and/or replace Newsracks which result in visual blight and/or excessive space
allocation on the public rights-of-way or which easonably detract from the aestherics
of store window displays, adjacent landscaping d other improvements, both public and
private, as well as to remove abandoned New, acks.
�
(F) Maintain and protect the values of surrou�ing properties, and protect and preserve
public property. ,/
(G) Reduce unnecessary exposuze of the.rpublic to personal injury or properly damage.
4 .
(H) Treat all publications equally regardless of their size, content, circulation, or frequency of
publication.
(I) Maintain and preserve freedom of speech and freedom of the press.
(.� Protect and enhance the of St. Paul's atiraction to residents, tourists and visitors, and
serve as a support and'stunulus to business and indushy, by enhancing the visual and
aesthetic chazacter and interest of the City.
Sec. 131.30 Certificate of Compliance required.
No person sha11 install a Newsrack on or in the public right of way without first obtaining a
Certificate of Compliance from the Director for each Newsrack in accordance with the provisions
ofthis Chapter. ,'
Sec. 131.40
(A)
Application and issuance of Certificate of Compliance.
authority. The issuing and approving authority shall be the Director. The
r is responsible for fairly coordinating and administering the physical placement
Page 3 of 16
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1 of Newsracks of the type and location herein specified, and upon compliance herewith is
2 responsible for issuing the Certificates of Compliance.
4 (B) Applications. The applicant, who must be an Owner of the Newsrack, shall file with the
5 Director a written application for a Certificate of Compliance for each proposed
6 Newsrack location which shall contain the following information and attachments:
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(C)
(D)
(1) The naxne, address and telephone numbers of all Owners of the New ack.
(2) The name, address and telephone number of a Responsible Per n whom the City
may provide notice or contact at any time concerning the N srack(s), which
notice, if given, shall bind and be deemed actual notice to e Owner(s) of the
Newsrack.
(3) The number of Newsracks and the proposed locati of each shown on a sketch
drawing showing dimensions to each curb, fix , building, bus stop and other
landmarks, and a photograph of each location rovided by the applicant.
�
(4) The type or brand of Newsracks, includin� an illustration and description of the
Newsrack, t'�
(5) A fully executed hold harmless agreement as required by this Chapter.
(6) A certification, signed by an individual with the requisite corporate or other power
and authority to bind the applacant, which states that the applicant has reviewed,
understands, and will comply with all requirements of this Chapter.
Issuance of Certifacate of Compliance. Upon a fmding by the Director that the applicant
and a11 owners of the Newsxack are in compliance with the provisions of this Chapter for:
(i) The proposed Newsrack location, and (ii) all other existing Newsrack locations, the
Dixector shall cause to be issued a Certificate of Compliance. Such issuance shall be
made within fifteen (1-5) working days of the City's receipt of the completed application.
Denial of Certificate of Compliance. If a Certificate of Compliance for one or more
Newsrack locations applied for shall be denied, the applicant sha11 receive notice of the
denial in writnig within fifteen (15) working days of the City's receipt of the completed
application. The applicant sha11 be advised of the specific cause of each such denial by
the Director. The applicant may amend the application and reapply for the same location,
or apply for a substitute alternative location, subject to a$5.00 re-processing fee for the
first r�applicafion. Any subsequent re-applications sha11 be subject to the standard
application fee. A denial issued during the Implementation Period may be appealed
under section 131.170 (H). Any other denials may be appealed under section 131.70.
Page 4 of 16
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1 (E) Additional Certifzcate of Compliance. If, at any time after initial application for a
2 Certificate of Compliance to install a Newsrack, an Ownex wishes to instatl additi
3 Newsracks at additional locations, then subsections (C) and (D) above aze to re
4 in accordance with the provisions of this Chapter.
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(F) Lapse of unused cert�cates. Any Certificate of Compliance not us to install a
Newsrack within thiriy (30) days from the date of issuance shall void and
automatically deemed revoked, and the Owner's Newsrack sh not be installed at that
locarion.
(G) Transfer of title or controL Whenever a Newsrack for w ch a Certificate of Compliance
has been issued is sold, or tide or control thereof transf ed or assigned, the existing
Certificate of Compliance shall be void and automatic�elly deemed revoked, and a new
Certificate of Compliance shall be required and obtained in accordance with this Chapter.
Sec. 131.50 Risk Management Requirements
Prior to the issuance of a Certificate of
Newsrack Owner who desires to install
a Newsrack on a public right of way shall file a written Agreement to indemnify and hold the City
harmless. This Agreement shall be in a form prescribed from time to time by the City Attorney,
whereby the Newsrack Owner, in exchange for the ability to install its Newsrack on the public right
of way, agrees to indemnify and hold harmless the City, its officers and employees from any loss,
liability or damage (including costs, disbursements and attorney fees) for bodily or personal injury,
including death, and for properry damage,sustained by any person or entity as a result of aNewsrack
installed on the public right of way.
Sec.131.60 Fees.
r
There shall be a Certificate of Compliance application fee in the amount of ten dollars ($10.00)
per Newsrack location. Denied applications or locations are subject to a re-processing fee of five
dollazs ($5.00) for the first r,e-examination of the amended application or location. Ail addifional
applications or locations aze subject to the standard application fee. Moving a Newsrack to a
new location requires a new application, which is subject to the standard application fee. Such
fees sha11 be established in an amount sufficient to rennburse the City for a11 its expenses
incurred in the administration and enforcement of the terms and provisions of this Chapter, and
shall only be used for such purposes.
Sec.131.70 Appeal
(A)
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If, atter the effective date of this Chapter, a Newsrack Owner has reasonable grounds to
claim that an application for a Certificate of Compliance has been wrongfully denied or
that a Certificate of Compliance has been wrongfully revoked or that a Nofice of
Violation or a Notice of Removal has been wrongfully issued, and wants to appeal that
Page 5 of 16
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1 determivation, the appealing Owner shall, within ten (10) days of receipt of notice of
2 denial or revocation or Notice of Violation or Norice of Removal, demaud a review by
3 giving written notice to the Director, and including in that notice any e�ibits such as
4 photographs or maps or affidavits wiuch support the claim. No oral presentation shall
5 permitted, and all grounds supporting the appeal shall be provided in writing. The
6 D'uector shall review the claim withiu fifteen (15) days of receipt of notice from
7 appealing Owner. Within fifteen (15) days of the review, the Director shall pr de
8 written notice of the decision to the appealing Owner.
10 (B) Review during the Implementation Period for this Chapter shall be gov ed by Section
11 131.170(Fi).
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(C) If the appealing Owner believes the Director's decision of the
131.70 (A) is in error, and the appealing Owner declines to an
reapply as provided in Secrion 131.40(D), the appealing Ow�s
for a review pursuant to Chapter 18, Legislative Hearing O�i�
Legislative Code. �
Sec. 131.80 Placement generaily.
Newsracks may not be installed in any public right of way which is used regularly or intended to
be used by motor vehicle traffic. Subject to the prohibitions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian�eas. The closest edge to the street of any
Newsrack shall be installed parallel to and not lessthan eighteen (18) inches nor more than
twenty-four (24) inches from the edge of the curb. Newsracks may also be installed, subject to
the prohibitions of this Chapter, neaz the wall of a building if the closest edge to the building is
placed parallel to and not more than six (6)�nches from the wall. Newsracks shall not be
installed on the side toward residenfial prdperiy, or on the side towazd lawns or grounds of
business or commercial property. No Newsrack shall be installed on the sidewalk opposite
another Newsrack. Every Newsrack shall be installed so as to open toward the sidewalk, and not
toward the street. No Newsrack sha11 be in any way installed ar attached to any pole, post, traffic
sigp or sig�tal, hydrant, United Stafes Postal Service mailbox, parking meter or any other public
fixture, equipment, pole or faci�i�.
�
Sec.131.90 Installation,and maintenance
(A) Newsracks shall-not exceed si�y (60) inches in height, thirty (30) inches in width, or
twenty-four (24) inches in depth. The base shall have a depth of at least 80% of the
median deptli and sha11 have a width of at least 80% of the median width of the box and
the base s�hali be fuily enclosed so as to prohibit the introduction of foreign materials into
the base ' Multilevei news racks shall be of uniform depth and width.
(B) New �racks shall be manufactured from 20-gauge zinc grip steel or thicker.
�eal under section
nd the application and
may file a written request
•, of the City of St. Paul
Page 6 of 16
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00-550
(C) Newsracks shall be, except as provided herein, uniformiy forest green in color on all
e�erior surfaces that aze opaque, inciuding all of the base, the back, the sides, and to
(D) No advertising signs or material, other than those dealing with the name of th
publication contaiued within the Newsrack, shall be displayed on the outsi of any
Newsrack.
(E) Each Newsrack which receives coins sha11 be equipped with a coin- turn mechanism to
pernut a person using the machine to secure an immediate refund � the event he or she is
unable to receive the publication paid for. The coin-return mec anism shall be
maintained in good working order.
(F) Each Newsrack shall have stenciled or otherwise
visible place so as to be seen by anyone using the
name and address of the Owner of or the Respon:
telephone number of a working telephone service
Person or to report a malfunction, or to secure a r�
the coin-retum mechanism, or to give the notic�
(G)
(H)
�n�fitly affixed to it in a readily
,�ack a notice setting forth the
erson for the Newsrack and the
I the Owner or the Responsible
in the event of a malfunction of
�d for in this Chapter.
Each Newsrack shall be maintained in a neat clean condition and in good repair at all
times. Specifically, but without limiting�t�ie generality of the foregoing, each Newsrack
sha11 be serviced and maintained, or re�aced if necessary, so that: (1) it is reasonably free
of dirt and grease; (2) it is reasonably�free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof; (3}�it is free of graffiti or other writing or pictures added
without the perxnission of the Ovv�ier or added in excess of that permitted by pazagraph
(H) of this section; (4) it is reas,onably free of rust and conosion in the visibie metal areas
thereof; (5) the clear plastic or glass parts thereof, lf any, through which the publications
therein aze viewed are unb�dken and reasonably free of cracks, dents, blemishes and
discoloration; (6) the struetural and solid parts thereof are not broken, do not contain
holes (other than vent holes as part of the design of the Newsrack), and aze not unduly
misshapen; (7) the dispensing portion of each box shall be fully enclosed and
weatherproof so as:to keep publications dry and free of snow and dirt; (8) a11 surfaces
shall be of sturdy unpact resistant materials; and, (9) it shall contain no sharp corners or
sharp protrusions.
Newsracks shall cany no card holders or advertising, but may display the name, with
lettering:and background of any colors, of the publication being dispensed, in spaces in
the locarions and sizes set forth below:
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On the front of the Newsrack. The lettering size shall not exceed one and three-
quarters (1'/a) inches height. The lettering shall be placed within a colored-band
space not exceeding two and one-half (2'/z) inches in height above the door hinge.
Page 7 of 16
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2 (2) On the sides and back of the Newsrack. The lettering size shall not exceed two
3 and one-half (2%z) inches in height. The lettering shall be placed within a color
4 band space not exceeding four and one-half (4%z) inches in height an�3 U�nin
5 one (1) inch from the top of the Newsrack. �
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(n Newsracks for free publicafions may omit the coin box and may have pull bar welded
to the door to produce an"honor rack."
Sec. 131.95 Newsrack Corrals.
(A) Newsrack Conals may be placed and maintained on the public dewalks by any City
agency or district council at locations acceptable by the Direc r. The Director shall
approve any proposed location where, as determined by the irector, substantial
pedestrian tr�c, sidewalk congestion or the presence of significant number of
Newsracks within close proxnniTy of one another sugge s the need for certain limits on
the number and placement of Newsracks.
(B) Subject to the limitations set forth elsewhere in thi Chapter, including Section
131.170(D), the Director shall develop equitable riteria to allocate space within a
Newsrack Conal, where necessary, giving first riority to Newsracks displaying
publications that are then currently dispiayed 'thin thirty (30) feet of such Conal.
(C) Prior to approving any locations or makin ' any determinations, as set forth in Section
131.80, prior to developing any criteria r allocating space, as set forth in Section
131.170, and prior to promulgating regulations making any determinations relating to
this Section, including an� determin�ions concerning the appropriate size of Corrals at
particuiar locations, the Director slaa' 11 consult with representatives of relevant city
agencies, City Council, the
editions of publicafions int
mentioned representatives
approval and publication o:
locations of Corrals and p"r�
�it district council(s) and entities which issue regular
i for distribution on the public right-of-way. The above-
submit to the Director within ninety days of passage,
Ordinance any proposals regarding appropriate size and
�d criteria for allocation of space within the Conals.
(D) Subject to the criteri�'established pursuant to Section 131.95 (C) above, the Director shall
allow any person tq'place or maintain a Newsrack within a Newsrack Cona1, so long as
such person maintains such rack in conformity with all requirements of this Chapter and
so long as sucl���person is not prohibited from placing such Newsrack at the location of
such Corral �y any provision of this Chapter.
(E) No person shall place or maintain a Newsrack within a Newsrack Conal unless the
Newsrack is unobtrusively attached by cables, chains or otherwise to the Corral so as to
stability of the Newsrack.
Page 8 of 16
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2 (F) No person shall maintain a Newsrack within fliirty (30) feet of a Newsrack Conal uniess
3 such Newsrack is lawfiilly placed within such Corral at such location. ,
4
5 Sec. 131.100 Specific prohibitions.
7 No Newsrack shall be installed:
9 (A) Within five (5) feet of any marked crosswalk.
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(B)
(C)
Within ten (10) feet of any unmazked crosswalk.
Within ten (10) feet of any fire hydrant, fire ca11 box, police call or other emergency
facility. �`
16 (D) On a public right of way where it is crossed by a public or,�rivate driveway or alley, or
17 wittun five (5) feet of such public or private driveway or�alley crossing, or witbin five (5)
18 feet of the end of radius or side slope of such public or-private driveway or a11ey crossing
19 where the public or private driveway or alley enters any street or highway.
20 �
21 (E) Within five (5) feet ahead of, and twenty-five (25� feet to the rear of any ofFicial public
22 transit bus sign marking a designated bus stop� measured along the edge of pavement.
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24 (F) In or within five (5) feet of the curb in any marked truck zone, passenger loading zone,
25 van pool loading zone, handicapped transfer zone or ambulance loading zone.
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(G) Within three (3) feet of any bus bench; bus shelter, or plaza bench.
(H) At any location whereby the ciear'space for passageway of pedestrians is reduced to less
than five (5) feet. In those area5 with maximum sidewalk widths on any block side of
less than seven feet six inches (7'6"), the clear space for passageway of pedestrians shall
be the maYimum amount possible while complying with the other provisions of this
Chapter, but in no event shall the clear space for passageway of pedestrians be less than
three feet six inches (3'.6"). In those areas with maximum sidewalk widths on any block
side of less than seven feet six inches (7' 6"), there sha11 be no more than four (4) total
Newsracks on the same side of the same block whereby the clear space for passageway of
pedestrians is reduced to less than (5) feet.
(I) On any lawn or on or within twelve (12) inches of any azea improved with a hedge, a
boulevazd garden, or flowers, or within three (3) feet of any tree.
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(� In front of or within one and one half (1'12) feet from any window of any buiiding abutting
the sidewalk or pazkway or in such a inauuer as to impede or interfere with the reasonable
use of such window for display purpose, or within four (4) feet of a building entrance. )
(K) On or within two (2) feet of any pole, post, street light, utility pole, traffic sign or si 1
United States Postal Service mailbox, pazking meter, trash receptacle or other publ�
fixture.
(L) Chained or bolted or otherwise attached to any property not owned by the O er of the
Newsrack or to any permanently fixed object without the prior written con nt of such
properiy owner. Such written consent shall be promptly fiunished to the �ity upon
request. f �
(M) By being chained to more than two other Newsracks. A maatimuxn o�`three Newsracks
may be chained or physically joined together in banks if each of tl}em comply with the
requirements of this Chapter and they are joined together in a ma�ner that does not
present a hazard to the public. Any bank of three (3) Newsrack�; whether chained or
unchained, and which aze separated individually in any case b�y� less than three feet, which
are placed on the curb or street side of a sidewalk must be a least three (3) feet from any
other Newsrack, except when located within a Newsrack �orral pursuant to Section
131.95. �
No two Newsracks displaying or offering the same� blication for sale or distriburion
may be placed or maintained within thirty (30) feef of one another, unless such
Newsracks are across the street from one anoth�t; provided, however, that no more than
three Newsracks displaying or offering the sa�e publicafion for sale or distribution may
be placed or maintained at or within thirty �0) feet of any one intersection.
�)
(0)
In violation of local, state or federal
That exceeds 42 inches in height
streetintersection.
accessibility regulations.
is within a distance of twenty (20) feet from any
(P) That exceeds 42 inches in Y}eight and is within a distance of ten (10) feet from any street
and alley intersection. ,
(Q) Over, above or on top of any public utility opening, delivery chute, azeaway access or
other access through the right of way.
s%
(R) Upon or
Sec.131.110
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15 feet of any Pazkway or Heritage Preservation District.
procednres - Nonconforming Newsracks.
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1 (A) Any Newsrack installed in violation of the provisions of tlus Chapter shall be tagged with
2 a"Notice of Violation" stating the violation, date of tagging, notice of intention to
3 remove the Newsrack and revoke the Certificate of Compliance if the violation is not
4 corrected withiu ten (10) days and specifying the procedure for obtaining a hearing
5 opporiuniry to be heard regarding the violafion using the procedures set out in sectio
6 131.70. The Director shall also provide notice to the Owner or Responsible Person
7 thereof by sending a copy of the "Notice of Violation" to the person listed in the
8 appiication, if any, pursuant to section 131.40(B), or to the person listed on the;
9 affixed to the Newsrack as required by secrion 131.90(E). �
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The D'uector may, as an aiternative to tagging and revoking the Certificat� `of
Compliance, have such newsrack(s) moved, aligned or otherwise reposil4oned
restore them to a legal condition. f�
in orderto
(C) Any Newsrack which has been tagged and remains in violafion of�the provisions stated on
the tag past the ten-day correction period, and for which no Appeal has been requested
pursuant to section 131.70 during that ten-day correction peri`od, shall be removed and
stored in a secure location, and the Certificate of Compl � f`ce shall be automatically
deemed revoked. �
(1) The Director shall provide notice to the Ow,�ier or Responsibie Person thereof by
sending a"Notice of Removal" to the pe�rs'on listed in the application, if any,
pursuant to section 131.40(B) or to the �person listed on t�e notice affixed to the
Newsrack as required by section 131,�Q(E). Such notice sha11 state the date the
Newsrack was removed, the reasons'therefore, and the procedure for obtaining a
post-removal hearing and opporhuuty to be heazd regarding the removal using the
Appeal procedures set out in section 131.70.
(2) Any such Newsrack rE
released to the Owner
and stored pursuant to these provisions shall be
Person thereof if claimed within forty-five
(45) days after such r�Inoval and upon the payment of reasonable charges of
removal and storag� Upon failure of the Owner or Responsible Person to claim
such Newsrack and pay the reasonable charges within forry-five (45) days after
the mailing of,u�i notice of removal, such Newsrack shall be deemed to be
unclaimed � abandoned properiy and may be disposed of pursuant to provisions
outlined i�the Saint Paul Legislative Code relating to unclaimed or abandoned
without the requirement of further hearings or notices.
(C) Any News,�ack in violation of the provisions of this Chapter, which violation creates an
immedi�#e and substantial danger to the health, safety or welfare of the public, which
violation cannot be quickly and easily corrected by moving or otherwise repositioning the
Ne�ts ack, may be sununarily removed and stored in a secure location so as to eliminate
th� danger to the health, safety and welfare of the public. The Director shall subsequently
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provide notice to the Owner or Responsible Person as otherwise outiined in this section
and allow for a post-deprivarion hearing.
Sec. 131.120 Abandoned Newsracks.
(A) A Newsrack shall be deemed abandoned when no publication provided by a registered
Newsrack Owner is in the Newsrack for a period of more than thirty (30) consecurive day
If an abandoned Newsrack, as determined by the D'uector pursuant to this section, is � a
location registered by a Certificate of Compliance, then that Certificate of Compliance all
become void and be automatically deemed revoked, and the location sha11 become a lable
to other Owners exclusively for a period of ninety (90) days.
(B) A Newsrack location shall be deemed abandoned when the Newsrack
location is not installed in its registered location for a period of more
consecutive days. If a Newsrack location is abandoned, as deternin��i
pursuant to this section, then the Certificate of Compliance far that locai
void and be automatically deemed revoked, and the location shail become
Owners exclusively for a period of ninety (90) days. q °'�
re stered to the
�than thirty (30)
t by the Director
ion shall become
available to other
(C) In the event a Newsrack Owner desires to voluntarily aban`don a Newsrack location, the
Owner shall provide notice to the Director, completely retriove the Newsrack and restore the
public right-of-way to a safe condition, leaving no tra�e.
��
(D) When the Director shall find an abandoned New�ack on the public right of way within the
city, the Directar shall cause a Notice of Vio�`ation to be placed upon it pursuant to the
procedures established in section 131110. �'
Sec.131.130 Severability.
If any section, subdivision,
void or of no effect, such c
Chapter.
Sec. 131.140 Rights of
Tlus Chapter shall
if any, of any o�'i
Chapter. �
Sec. 131.150
l
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L•
e; clause or other part of this Chapter should be adjudged
shall not affect the validity of any other portions of this
Fee Title Owner
in anyway limit, lessen, or derogate the rights of ownership or control,
of the underlying fee title of any City right of way covered by this
To Other Governmental Units
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Tlus Chapter shall not apply to other governmental units or in any way derogate their power
to regulate their property or rights of way. All registrations under this Chapter are subj ect
to the authority of any other governmentai unit.
Sec.131.160 Nature of Permission
Pernussion to install a Newsrack on a public right of way is at the sufferauce of the City. No
property right of any kind is intended or ereated. The CiTy may at any time, either pur t
to the provisions of this Chapter or by ordinance amendment withdraw or m ify its
perznission. All permission is subject to continual compliance with the provisi s of this
Chapter. If the physical surroundings of a Newsrack, which was legally 1 cated when
originally instalied, change so that the Newsrack can no longer comply with s ctions 13 .80,
131.100 or any other sections of this Chapter, then it shall be immediate remov by its
owner and its continuing presence shall be a violation subject to re edy un r section
131.110. �
Sec.131.170 Implementation
The Director shall implement and administer this Chapter. �1'he irector sha11 prepare and
execute a plan to implement this Chapter during the Implg�iie 'on Period consistent with
the expressed purposes and provisions of this Chapter �tid nsistent with the City of Saint
Paul Legislative and Administrarive Codes and Cha�t`er This plan shall be guided by the
following: ,��
(A) All determinations regarding Newsracks
(B) No preference shall be given to any
content neutral.
type of publication.
(C) After the Implementation Period o this Chapter, all applications for a Certificate of
Compliance for any specific locaf n which is permitted by the provisions of this Chapter
shall be allocated on a first co e, first served basis. Appiications shall be date stamped
when received with the time, receipt noted.
(D) Dnring the Implementa'on Period of this Chapter, priority allocation of Certificates of
Compliance for any s cific location shall be governed by a system designed, to the extent
reasonably possibl "; based on the number of locations that aze in compliance with this
Chapter, and acc rding to the following priorities in the following order:
(1) Loc ions on a specific side of a specific City block are to be allocated to those
I� sracks that reasonably pxove to the Director that they were previously installed
as of a date determined by the Director) on that specific block side.
�F
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(2) If necessary, the Director shall conshvct a random allocaUon system for Newsracks
that reasonably prove to the Director that they were previously instalied (as of a date
detennined by the Dixector) on a specific block side, and then randomly allocate
locations on that block side or an adjacent biock side as close to the previous location
as the requirements of this Chapter and the assigned priority level allow. ,
(3) If necessary, the Director shall covstntct a random allocation system for ewsracks
thatwerenotpreviouslyinstalled,orthatcannotreasonablyproveto irectorthat
they were previously installed, (as of a date determined by the Dire or) on a specific
block side and, and then randomly allocate locations on that blo side or an adjacent
block side as close to the requested location as the requirem ts of this Chapter and
the assigned priority level allow. These locations sh be allocated after the
allocations in the previous pazagraphs (D)(1) and (D)( above.
(E) The Director may, with reasonable notice (which may i ude notice on the City's World
Wide Web home page), establish application deadlines at occurno greater than ninety (90)
days prior to the end of the Implementation Period for those Newsracks that apply for
priority allocation of Certificates of Compliance or any specific locafion provided in
para�raph (D) of this section.
(F) The Director, to the extent reasonably possi e, shall give notice of the proposed priority
allocation of Certificates of Compliance to 11 Owners that apply for priority allocation as
provided in pazagraph (D) of this sectio , at least fifty (45) days prior to the end of the
Implementation Period for this Chapte
(G) The Director may authorize the pl ement of warning nofices on Newsracks at any time
during the Implementafion Perio hich state that all Newsracks are subject to removal on
the specified effective date of 's Chapter unless they have obtained a Certificate of
Compliance pursuant to this apter. Each such warning notice shall contain information
regarding inquiries and the 1 cation for obtaining a Certificate of Compliance.
(H) If, during the Implement tion Period, a Newsrack Owner has reasonable grounds to claim
that a Certificate of C mpliance has been wrongfully denied, and wants to appeal that
determination, the ap ealing Owner sha11, within five (5) days of receipt of notice of denial,
demand a review b giving written notice to the Director, and including in that notice any
e�ibits such as hotographs or maps or affidavits which support the claim. No oral
presentation sh I be pernutted, and all grounds supporting the appeal shall be provided in
writing. The irector shall review the claim within ten (10) days of receipt of notice from
the appeali Owner. Within ten (10) days ofthe review, the Director shall provide written
notice of e decision to the appealing Owner.
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(I) Ifthe appealing Owner believes the Director's decision ofthe appeal under Section 131170
(I� is in enor, the appealing Owner may file a written request for a review pursuant to
Chapter 18, Legislative Heazing Officer, of the City of St. Paul Legislative Code.
Section 131.180 Nofice.
Unless otherwise specifically provided for inthis Chapter, any notice which may be quired
to be or is given shall be in writing and shali be deemed received when it is ither: (i)
Personally delivered, or (ii) Placed in the Certified U.S. Mail, return receipt r uested.
Section 3
Saint Paul Legislative Code Sections 18.01 and 18.02 aze hereby ame edto read as follows:
Sec.18.01. Legislative hearing officer.
In order to hear and decide appeals of orders, �
enforcement officers relative to the enforcement
contained in the Saint Paul Legislative Code, as
or determinations made by the
housing, building or fire codes
there shall be and is hereby created a legislativ heazing officer. The legislative hearing
officer shall be a City of Saint Paul employee a ointed by the president of the city council.
The legislarive hearing officer shail have the uthority to hear appeals to orders, decisions
or determinations ofthe enforcement office and make recommendations to the city council.
The hearing officer shall not have the ower to grant waivers of the 1vlinnesota State
Building Code: All matters, orders, dec' ions and determinations ofthe hearing officer shall
be forwarded to the city council in esolufion form within ten (10) days of the hearing
officer's actions. The city council all have the authority to approve, modify, reverse,
revoke, wholly or partly, the he ' g officer's orders, decisions or determinations and shall
make such order, decision or d ermination as ought to be made.
Sec. 18.02. Hearing petition,
Any property owner
enforcement of a hes
pursuanttheretq or
fee, notice.
cted by any order which has been issued in connection with the
housing, building or fire code, or any rule or regulation adopted
131.70 C or 13 /.170 �Il ofthe St. Paul Legislative Code, may request and shall be granted
a heanng befo e the legislative hearing officer on all matters set forth in such notice;
provided, th such property or Newsrack owner sha11 first file with the legislative hearing
officer a tten petition requesting such hearing and setting forth a brief statement of
grounds erefor within ten (10) days after the date the original notice of code violations, or
was issued.
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The filing fee for such petition shall be twenty-five dollars ($25.00) except that where there
is financial hazdship, the hearing officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such petition, the hearing officer shall set a time and place for such
and shall give the petifioner written notice thereo£ The hearing shaii be commenc�
than thirty (30) days after the date on which the perition was filed.
Section 4
Sections 131.90(A) and (B) of Section 2 of this Ordinance shall
years following its passage, approval and publication. Sectio
become effective thirty (30) days following its passage, appr al
provisions of this Ordinance shall become effective one un
following their passage, approval and publication.
„���.a„�w��..�,,� �d ��„�=�.a
��/��/�
come effective two (2)
3 of this Ordinance shall
and publication. All other
dred and eighty (180) days
Requested by Department of:
BY:
Adopted by Council:
Adopt'.ca Certified by
B Y � 4ti
Approved by Mayor� Date _
By
����
G•�
,iL� J�
Secre[ary
� Form Approved by City Attorney
BY: `1.Lf� /��� G• 2- o 0
— --- - .i.pproved by Mayor Eox Submission to Council
By:
oa-ss�
QRIG��fAI.
Presented By
/
i,
MINNESOT.
Referred To `
A legislarive ordin�
to regulate newsracks that
within public rights q
Council Fiie # � O� SSO
Ordt e #
Gr n Sheet # � po e13 `
:e Date :
located
THE COUNCIL OF THE CITY OF SAINT PAUL OES ORDAIN:
Secti n 1
Saint Paul Legislarive Code Chapter 1 is hereby repealed.
2
A new Chapter 131 is hereby
follows:
CHAPTER 131 NEWSRACKS
Sec.131.10. Definitions.
The following words, terms
ascribed to them in this sect
"Director" means the
Inspections and Endv
"Heritage Preservation
designated and listed ay
Chapter 74. `
as part of the Saint Paul Legislative Code to read as
/phrases, when used in this Chapter, sha11 have the meanings
except where the contea�t clearly indicates a different meaning:
of the [Department of Public Works] [Office of License,
l Protection] of the City of St. Paul, or his or her designee.
means any azeas, places, or districts which have been duly
preservaflon districts pursuant to St. Paul Legisla6ve Code
"Implementation P riod" means the 180-day period of tune elapsing after passage, approval and
publication of ttri Chapter, but before the effective date of this Chapter, and during which time
the Director sh prepaze and execute a plan to implement this Chapter.
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1 "InstalP' or "instatled" means to place, affi�, erect, construct, operate or maintain a Newsrack.
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3 "Newsrack° means any type of uwuanned device for the vending or free disiribution of
4 newspapers, news periodicals, advertising supplements, advertising periodicals, political
5 periodicals, and similar publications.
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"Newsrack Corral" or "Cotral" means arry three sided post and rail structure designed ��group
Newsracks in stable clusters. r
"Parkway" means those streets and auenues that are designated as pazkways and 'oulevazds
pursuant to St. Paul Legislafive Code sections 145.02 and 145.03.
"Responsible Person"means an individual who is listed on an applicati for a Certificate of
Compliance and who, on behalf of an Owner, may receive notice, res ond to complaints, and be
notified or contacted at any time conceming a Newsrack.
"Owner"means any person which either holds an ownership i rest in or operates a Newsrack
that it seeks to install or has installed in the Public Right of ay.
"Person" means any individual, person or entity, howeve organized, whether public or private,
whether domestic or foreign, whether for profit or nonp ofit, and whether natival, corporate, or
polifical. Examples include a business or commerci enterprise organized as any type or
combination of corporation, Innited liability comp , partnership, proprietorship, association,
cooperative, orjoint venture.
"Right-of-way" or "Public right-of-way" me e azea in, on or above a public roadway,
highway, street, cartway, boulevard, bicycle 1 e, sidewalk, parkway or a11ey which the City owns
or over which it has an easement or interest ncluding other dedicated rights-of-way, for public
ptuposes.
Sec.131.20 Purpose and criteria.
The purpose of this Chapter is to pr ote the public health; safety and welfaze through the
regulation of placement, type, app azance arid servicing of Newsracks on public rights-of-way so
as to:
(A) Provide for
federal hani
:
driving safety and convenience, and comply with local, state or
;ibility regulations.
Restrict unreaso able interference with the public use of the public right-of-way and with
the flow of pe strian or vehiculaz traffic including ingress into or egress from any
residence or e of business, or from the street to the sidewallt by persons e�ting or
entering p ed or standing vehicles.
Page 2 of 16
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(C) Provide for the safety of people and properry during periods of heavy snow, storms, and
other adverse weather conditions, and for the proper functioning of the City's safety and
sanitation forces.
(D) Provide reasonable access: (i) For the use and maintenance of poles, posts, traffic signs or
signals, hydrants, utility openings, delivery chutes, irash receptacles, bus or plaz�benches,
United States postal service mailboxes, pazking meters and other public fi�iites; and (ri)
To locations used for public hansportation purposes. '
(E) Relocate and/or replace Newsracks which result in a visual blight an�r excessive space
allocation on the public rights-of-way or which unreasonably detr &om the aesthetics of
store window displays, adjacent landscaping and other nnprove ents, both public and
private, as well as to remove abandoned Newsracks.
(F) Maintain and protect the values of surrounding
properry.
(G) Reduce unnecessary exposure of the public to
protect and preserve public
injury ar property damage.
(H) Treat all publications equally regardless of their ize, content, circulation, or frequency of
publication.
(I) Maintain and preserve freedom of speech d freedom of the press.
(� Protect and enhance the City of St. Pa s attraction to residents, tourists and visitors, and
serve as a support and stimulus to bus' ess and industry, by enhancing the visual and
aesthetic character and interest of th Citv.
Sec.131.30 Certificate of
No person shall install a Newsrack
Certificate of Compliance from the
of this Chapter. �
Sec.131.40 Agpiication
required.
in the public right of way without first obtaining a
xar for each Newsrack in accordance with the provisions
of Certiticate of Compliance.
(A) Issuing authoriry. e issuing and approving authority sha11 be the Directar. The
Director is respons' le for fairly coordinating and administering the physical placement of
Newsracks of the e and location herein specified, and upon compliance herewith is
responsible for ' suing the Certificates of Compliance.
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1 (B) Applications. The applicant, who must be an Owner of the Newsrack, shall file with the
2 Director a written application for a Certificate of Compliance for each proposed Newsrack
3 location which shall contain the following information and attachments: -
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5 (1) The name, address and telephone numbers of all Owners of the Newsrac�
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The name, address and telephone ntunber of a Responsible Person w om the City
may provide notice or contact at any time concerniug the Newsra�, which
notice, if given, shall bind and be deemed actual norice to the C�ner(s) of the
Newsrack. /
(3) The number of Newsracks and the proposed locarion of ch shown on a sketch
drawing showing dimensions to each curb, fiature, bui ' g, bus stop and other
landmarks, and a photograph of each location provi d by the applicant.
(4) The type or brand of Newsracks, including an ill stration and description of the
Newsrack.
(5) A fully executed hold harmless agreement s required by this Chapter.
(6) A certification, signed by an individua 'th the requisite corporate or other power
and authority to bind the applicant, w ch states that the applicant has reviewed,
understaxids, and wiil comply with 1 reyuirements of tlus Chapter.
(C) Issuance of Cert�cate of Compliance. pon a fmding by the Director that the applicant
and all owners of the Newsrack aze ' compliance with the provisions of this Chapter for:
(i) The proposed Newsrack locafio , and (ii) all other e�sting Newsrack locations, the
Director shall cause to be issued Certificate of Compliance. Such issuance shall be made
within fifteen (15) working day of the City's receipt of the completed application.
(D) Denial of Certificate of Co liance. If a Certificate of Compliance for one or more
Newsrack locations appli for shall be denied, the applicant shall receive notice of the
denial in writing within ifteen (15) working days of the City's receipt of the completed
application. The appl' ant shall be advised of the specific cause of each such denial by the
�)
Director. The applic t may amend the application and reapply for the same location, or
apply for a substi e alternative location, subject to a$5.0� re-processing fee for the first
re-application. y subsequent re-applications sha11 be subject to the standard application
fee. A denial ' sued during the Implementafion Period may be appealed under section
131.170 (I� Any other denials may be appealed under section 131.70.
Addition Certifzcate of Compliance. If, at any time after initial application for a
Certifi te of Compliance to install a Newsrack, an Owner wishes to install additional
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Newsracks at additional locations, then subsections (C) and (D) above aze to be repeated
in accordance with the provisions of this Chapter.
4 (F) Lapse of unused certifzcates. Any Ceriificate of Compliance not used to install a
5 Newsrack within thirty (30) days from the date of issuance shall be void and auton
6 deemed revoked, and the Owner's Newsrack shall not be installed at that location.
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(G) Transfer of title or control. Whenever a Newsrack for which a Certificate of Comghance
has been issued is sold, or title or control thereof transfeaed or assigned, the existing
Certificate of Compliance shall be void and automatically deemed revoked, and a new
Certificate of Compliance shall be required and obtained in accordance ' this Chapter.
Sec.131.50 Risk Management Requirements
Prior to the issuance of a Certificate of Compliance, every Newsrack er who desires to install
a Newsrack on a public right of way shall file a written Agreement t mdemnify and hold the City
1�uinless. This Agreement shall be in a form prescribed from ti to time by the City Attorney,
whereby the Newsrack Owner, in exchange for the ability to ins 1 its Newsrack on the public right
of way, agrees to indexnnify and hold hannless the City, its o cers and employees from any loss,
liability or damage (including costs, disbursements and atto ey fees) for bodily or personal injury,
including death, and for property damage sustained by an erson or entity as a result of a Newsrack
installed on the public right of way.
Sec.131.60 Fees.
There shall be a Certificate of Complianc
per Newsrack location. Denied applicatio
dollazs ($5.00) for the first re-examination
applications or locations are subject to
location requires a new application, w'c
sha11 be established in an amount s cie
the administration and e
used for such purposes.
Sec.131.70 Appeal
(A)
e app cation fee in the amount of ten dollars ($10.60)
ns r locations are subject to a re-processing fee of five
f the amended application or location. All additional
standard application fee. Moving a Newsrack to a new
h is subj ect to the standard application fee. Such fees
nt to reimburse the City for all its expenses incurred in
terms and provisions of this Chapter, and shall only be
If, after the effecf e date of this Chapter, a Newsrack Owner has reasonable grounds to
claun that an ap ication for a Certificate of Compliance has been wrongfiilly denied or
that a Certific e of Compliance has been wrongfully revoked or that a Notice of Violaflon
or a Notice f Removal has been wrongfully issued, and wants to appeal that
detern�iu on, the appealing Owner sha11, within ten (10) days of receipt of notice of
denial o revocation or Notice of Violation or Nofice of Removal, demand a review by
givin 'tten notice to the D'uector, and including in that notice any exhibits such as
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photographs or maps or affidavits which support the claim. No oral presentation shall be
permitted, and all grounds supporting the appeal sha11 be provided in writing. T'he
D'uector shall review the claim within fifteen (15) days of receipt of notice from the
appealing Owner. Within fifteen (15) days of the review, the Director shall pro ' e
written notice of the decision to the appealing Owner.
(B) Review during the Implementation Period for this Chapter shall be governed by Section
131.170(I�.
(C) If the appealing Owner believes the Director's decision of the a ea1 under section 131.70
(A) is in eaor, and the appealing Owner declines to amend the pplication and reapply as
provided in Section 131.40(D), the appealing Owner may fi a written request for a
review pursuant to Chapter 18, Legislative Hearing Office , of the City of St. Paul
Legislative Code.
Sec.131.80 Placement generally.
Newsracks may not be installed in any public right of w which is used regulazly or intended to
be used by motor vehicle traffic. Subject to the prohi tions of this Chapter, Newsracks may be
installed on public sidewalks and public pedestrian eas. The closest edge to the street of any
Newsrack shall be installed paza11e1 to and not les an eighteen (18) inches nor more than
riventy-four (24) inches from the edge of the cur . Newsracks may also be installed, subject to
the prohibifions of this Chapter, near the wa11 a building if the closest edge to the building is
placed parallel to and not more than six (6) ' ches from the wa11. Newsracks shall not be installed
on the side towazd residen$al properiy, or n the side towazd lawns or grounds of business or
commercial proper[y. No Newsrack
Newsrack. Every Newsrack shall be
the street. No Newsrack sha11 be in �
signal, hydrant, United States Post�
equipment, pole or facility. �
�' be installed on the sidewalk opposite another
talled so as to open towazd the sidewalk, and not towazd
way installed or attached to any pole, post, traffic sign or
vice mailbox, parking meter or any other public fixture,
Sec. 131.90 Installation a d maintenance
(A) Newsracks sha11 t exceed sia�ty (60) inches in height, thirty (30) inches in width, or
twenty-four (24 ches in depth. The base shall haue a depth of at least 80% of the
median depth d shall haue a width of at least 80% of the median width of the box and
the base sh be fizlly enclosed so as to prohibit the introduction of foreign materials into
the base. ultilevel news racks shall be of uniform depth and width.
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(C)
shall be manufactured from 20-gauge zinc grip steel or thicker.
;ks shall be, except as provided herein, uniformly forest green in color on a11
surfaces that are opaque, including all of the base, the back, the sides, and top.
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2 (D) No advertising signs or material, other than those dealing with the name of the publication
3 coutaiued withiu the Newsrack, shall be displayed on the outside of any Newsrack.
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Each Newsrack which receives coins shall be equipped with a coin-rehun mechanis�Cto
permit a person using the machine to secure an immediate refund in the event he�e�she is
unable to receive the publication paid for. The coin-retum mecl�anism sha11 be" maintained
in good working order. /'
(F) Each Newsrack shall ha�e stenciled or othenvise permanently
visible place so as to be seen by anyone using the Newsrack a
and address of the Owner of or the Responsible Person for th�a
telephone number of a working telephone service to call
Person or to report a malfunction, or to secure a refund i:
the coin-return mechanism, or to give the notice provid�
;d to it in a readily
� setting forth the nazne
�rack and the
ar the Responsible
the event of a malfunction of
for in this Chapter.
(G) Each Newsrack shall be maintained 'm a neat and c an condition and in good repair at a11
times. Specifically, but without limiting the gen ality of the foregoing, each Newsrack
shall be serviced and maintained, or replaced i ecessary, so that: (1) it is reasonably &ee
of dirt and grease; (2) it is reasonably free of 'pped, faded, peeling and cracked paint in
the visible painted areas thereof; (3) it is fr of graffiti or other wriring or pictures added
without the permission of the Owner or a ded in excess of that permitted by paragraph
(G) of this section; (4) it is reasonably ee of rust and conosion in the visible metal areas
thereof; (5) the clear plastic or glass p s thereof, if any, through which the publicafions
therein are viewed are unbtoken an reasonably free of cracks, dents, blemishes and
discolorarion; (6) the structural solid parts thereof are not broken, do not contain
holes (other than vent holes as p of the design of the Newsrack), and aze not unduly
misshapen; (7) the dispensing ortion of each box shall be fully enclosed and weatherproof
so as to keep publications and free of snow and dirt; (8) a11 surFaces shall be of sturdy
unpact resistant materials; d, (9) it sha11 contain no sharp corners or sharp protrusions.
(H) Newsracks shall carry� card holders or advertising, but may display the name, with
lettering and backgro d of any colors, of the publicafion being dispensed, 3n spaces in the
locarions and sizes et forth below:
(1) On the ont of the Newsrack. The lettering size shall not exceed one and three-
quarte s(1 inches height. The lettering shall be placed within a colored-band
spac not exceeding two and one-half (2'/2) inches in height above the door hinge.
(2) n the sides and back of the Newsrack. The lettering size shall not exceed two
and one-half (2 inches in height. The lettering shall be placed within a colored-
band space not exceeding four and one-half (4'h) inches in height and begimung
one (1) inch from the top of the Newsrack.
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Newsracks for free publications may omit the coin box and may have the pull bar welded
to the door to produce an "honor rack."
4 Sec. 131.95 Newsrack Corrals.
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Newsracks wrthin close pro�ty of one another suggests the need for certairi lunits on
the number and placement of Newsracks. ;'
Newsrack Corrals may be placed and maintained on the public sidewalks by any City
agency or district council at locations acceptable by the D'uector. The D'uector sha11-'
approve any proposed location where, as determined by the D'uector, substantial i
pedestrian traffic, sidewalk congestion or the presence of a significant number o�
(B) Subject to the 1'vnitations set forth elsewhere in this Chapter, includi Section
131.170(D), the Director shall develop equitable criteria to allocat space within a
Newsrack Corral, where necessary, giving first priority to News cks displaying
publications that are then currendy displayed within tlurty (30 eet of such Corral.
(C) Prior to approving any locations or making any determina 'ons, as set forth in Section
131.80, prior to developing any criteria for allocating sp e, as set forth in Secfion
131.170, and prior to promulgating any regulations m' g any determinations relating to
this Sec6on, including any deternunations conce ' the appropriate size of Conals at
particular locations, the Director shall consult wi epresentatives of relevant city
agencies, City Council, the relevant district
editions of publicarions intended for distrib
mentioned representatives shall submit to t]
approval and publication of this Ordinanc
locations of Corrals and proposed criteri�
and entities which issue regular
i on the public right-of-way. The above-
irector within ninety days ofpassage,
ry proposals regazding appropriate size and
allocation of space within the Corrals.
(D) Subject to the criteria established p uant to Section 131.95 (C) above, the Director sha11
allow any person to place or main a Newsrack within a Newsrack Corral, so long as
such person maintains such rac n conformity with a11 requirements of this Chapter and so
long as such person is not pro bited from placing such Newsrack at the location of such
Corral by any provision of s Chapter.
(E) No person shall place o aintain a Newsrack withiu a Newsrack Corral unless the
Newsrack is unobtrus' ely attached by cables, chains or otherwise to the Corral so as to
ensure stability of Newsrack.
(F) No person sh aintain a Newsrack within thirty (30) feet of a Newsrack Corral unless
such Newsra is lawfully placed withiu such Corral at such location.
Sec.131.100 S ecific prohibitions.
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No Newsrack shall be installed:
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(A) Within five (5) feet of any marked crosswalk. �
(B) Within ten (10) feet of any unmazked crosswalk. �'
(C) VJithin ten (10} feet of any fize hydrant, fire ca11 box, police call box or otheF emergency
facility.
��
(D) On a public right of way where it is crossed by a public or private 'veway or alley, or
within five (5) feet of such public or private driveway or alley c ossing, or within five (5)
feet of the end of radius or side slope of such public or privat driveway or alley crossing
where the public or private driveway or alley enters any s et or highway.
(E) Within five (5) feet ahead of, and twenty-five (25) fee o the reaz of any official public
transit bus sign marking a designated bus stop, me ed along the edge of pauement.
(F) In or within five (5) feet of the curb in any maz d truck zone, passenger loading zone,
van pool loading zone, handicapped transfer ne or ambulance loading zone.
(G) Within three (3) feet of any bus bench, b shelter, or plaza bench.
(H) At any location whereby the cleaz sp e for passageway of pedestrians is reduced to less
than five (5) feet. In those azeas ' maximum sidewalk widths on any block side of less
than seven feet six inches (7'6"), e clear space for passageway of pedestrians shall be the
m�imum amount possible w' complying with the other provisions of this Chapter, but
in no event shall the clear spa e for passageway of pedestrians be less than ttu�ee feet sis
inches (3'6"). In those areas 'th maxunuxn sidewalk widths on any block side of less
than seven feet six inches '6"), there shall be no more than four (4) total Newsracks on
the same side of the s block whereby the clear space for passageway of pedestrians is
reduced to less than (5 feet.
(I) On any lawn or o r within twelve (12) inches of any azea improved with a hedge, a
boulevazd garde , ar flowers, or within three (3) feet of any tree.
(� In front of or thin one and one half (1'/Z) feet from any window of any building abutting
the sidewal or pazkway or in such a manner as to impede or interfere with the reasonable
use of su window for display purpose, or within four (4) feet of a building entrance.
(K) On or thih two (2) feet of any pole, post, street light, utility pole, traffic sign or signal,
Uni d States Postal Service mailbo� parking meter, trash receptacle or other public
Page 9 of 16
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(L) Chained or bolted or otherwise attached to any property not owned by the Owner of the
Newsrack or to any permanenfly fiYed object without the prior written consent of such
property owner. Such written consent shall be promptly fiunished to the City upon
request. i
(Ivn By being chained to moze than two other Newsracks. A maximum of thre ewsracks
may be chained or physically joined togetber in banks if each of them mpiy with the
requirements of this Chapter and they are joined together in a maun that does not
present a hazard to the public. Any bank of three (3) Newsracks, hether chaiued or
unchained, and which aze sepazated individually in any case by ess than three feet, which
are placed on the curb or street side of a sidewallc must be at east three (3) feet from any
other Newsrack, except when located within a Newsrack rral pursuant to Section
131.95.
�
(0)
�')
No two Newsracks displaying or offering the same p lication for sale or distribu6on may
be placed or maintained within thirty (30) feet of o e another, unless such Newsracks are
across the street from one another; provided, how ver, that no more than three Newsracks
displaying or offering the same publication for e or distribution may be placed or
maintained at or within fliirty (30) feet of any ne intersection.
In violarion of local, state or federal
That exceeds 42 inches in height and
street intersection. ,
That exceeds 42 inches in
and alley intersection.
accessibility regularions.
a distance of twenty (20) feet from any
is within a distance of ten (10) feet from any street
(Q) Over, above or on top of public utility opening, delivery chute, areaway access or
other access through the 'ght of way.
(R) Upon or Within 15 fe of any Parkway or Heritage Preservafion District.
Sec.131.110 Enforcem t procedures - Nonconforming Newsracks.
(A) Any Newsrac stalled in violafion of the provisions of this Chapter shall be tagged with
a"Notice of iolation" stating the violation, date of tagging, notice of intention to remove
the Newsx k and revoke the Certificate of Compliance if the violation is not corrected
within te (10) days and specifying the procedure for obtaining a hearing and oppominity
to be h d regazding the violation using the procedures set out in section 131.70. The
Dire or shall also provide notice to the Owner or Responsible Person thereof by sending
a c py of the "Notice of Violation" to the person listed in the applica6on, if any, pursuant
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to section 131.40(B), or to the person listed on the nofice affiYed to the Newsrack as
reguired by section 131.90(E).
(B) The D'uector may, as an altemative to tagging and revoking the Certificate of Co pliance
have such newsrack(s) moved, aligned or otherwise reposirioned in order to re re them
to a legal condition.
(C) Any Newsrack wluch has been tagged and remains in violation of the pr 'sions stated on
the tag past the ten-day conection period, and for which no Appeal h been requested
pursuant to section 131.70 during that ten-day cozrection period, sh 1 be removed and
stared in a secure locarion, and the Certificate of Compliance s be automatically
deemed revoked.
(C)
(1) The Director sha11 provide notice to the Owner or
sending a"Notice of Removal" to the person list
pursuant to section 131.40(B) or to the person ' t
Newsrack as required by section 131.90(E). ch
Person thereof by
in the application, if any,
d on the notice affixed to the
notice shall state the date the
Newsrack was removed, the reasons theref , and the procedure for obtaining a
post-removal hearing and opportunity to heard regarding the removal using the
Appeal procedures set out in section 131 0.
(2) Any such Newsrack removed and
released to the Owner or Responsi
(45) days after such removal and
removal and storage. Upon fail e
such Newsrack and pay the r ot
mailing of written notice of mo�
unclanned or abandoned
outlined in the Saint Pau
sto ed pursuant to these provisions shal] be
b Person thereof if claimed within forty-five
on the payment of reasonable charges of
of the Owner or Responsible Person to claim
.able charges within forty-five (45) days after the
�al, such Newsrack shall be deemed to be
and may be disposed of pursuant to provisions
ive Code relating to unclanned or abandoned
property, but without t�e requirement of fiuther hearings or no6ces.
Any Newsrack in violatio of the provisions of this Chapter, which violation oreates an
immediate and substanfi danger to the health, safety or welfare of the public, which
violation cannot be qui y and easily conected by moving or otherwise repositioning the
Newsrack, may be s arily removed and stored in a secure location so as to eliminate
the danger to the he th, safety and welfare of the publia The Directar shall subsequently
provide notice to e Owner or Responsible Person as otherwise outlined in this secfion
and allow for a st-deprivation hearing.
Sec.131.120
(A) A
Newsracks.
6k shall be deemed abandoned when no publication provided by a registered
Owner is in the Newsrack for a period of more than thirty (30) consecutive days.
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If an abandoned Newsrack, as determined by the Director pursuant to this secrion, is in a
location registered by a Certificate of Compliance, then that Certificate of Compliance shall
become void and be automatically deemed revoked, and the location shall become a,vailabie
to other Owners exclusively for a period of ninety (90) days. /
(B) A Newsrack location shall be deemed abandoned when the Newsrack regis red to the
location is not installed in its registered location for a period of more thirry (30)
consecutive days. If a Newsrack location is abandoned, as determined y the Director
pursuanttothissection,thentheCertificateofComplianceforthatlocati shallbecomevoid
and be automatically deemed revoked, and the location shall bec e available to other
Owners exclusively for a period of ninety (90) days.
(C) In the event a Newsrack Owner desires to voluntarily aban n a Newsrack location, the
Owner shall provide notice to the Director, completely remo e the Newsrack and restore the
public right-of-way to a safe condition, leaving no trace.
(D) When the Director shall find an abandoned Newsrack n the public right of way within the
city, the Director shall cause a Notice of Violatio to be placed upon it pursuant to the
procedures established in section 131.110.
Sec.131.130 Severability.
If any section, subdivision, sentence, clause o other part of this Chapter should be adjudged
void or of no effect, such decision shall no affect the validity of any other portions of this
Chapter.
Sec. 131.140 Rights of Underlyin ee Title Owner
This Chapter shall not in anyway 1' 't, lessen, or derogate the rights of ownership or control,
if any, of any owner of the un rlying fee title of any City right of way covered by this
Chapter.
Sec.131.150 Annlicatio To Other Governmental Units
This Chapter shall not ply to other govemmental units or in any way derogate their power
to regulate their prop or rights of way. All registrations under this Chapter are subject
to the authority of y other governmental unit.
Sec.131.160 Nature �f Permission
Permission t uistall a Newsrack on a public right of way is at the sufferance of the City. No
property ri t of any kind is intended or created. The City may at any time, either pursuant
to the pr visions of this Chapter or by ordinance amendment withdraw or modify its
Page 12 of 16
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pernussion. All permission is subject to continual compliance with the provisions of flus
Chapter. If the physical surroundings of a Newsrack, which was legally located when
originally installed, change so that the Newsrack can no longer comply with sections 131.8Q,
131.100 or any other sections of this Chapter, then it shall be immediately removed by �
owner and its continuing presence shall be a violation subject to remedy under sectipn
131.110. 1
Sec.131.170 Implementation
The D'uector shall implement and administer this Chapter. The Director sha11 repare and
execute a plan to implement tius Chapter during the Implementation Period c nsistent with
the espressed purposes and provisions of this Chapter and consistent with e City of Saint
Paul Legislative and Administrative Codes and Charter. This plan s be guided by the
following:
(A) All determinations regarding Newsracks shall be content neutral.
(B) No preference shall be given to any particular type of
(C) After the Implementation Period of this Chapter, a11 a lications for a Certificate of
Compliance for any specific location which is permitted by e provisions of this Chapter sha11
be allocated on a first come, first served basis. Appli fions shall be date stamped when
received with the time of receipt noted.
(D) During the Implementation Period of this Chap r, priority allocation of Certificates of
Compliance for any specific location shall be g erned by a system designed, to the extent
reasonably possible, based on the nuxnber o locarions that are in compliance with this
Chapter, and according to the following pri 'fies in the following order:
(1) Locations on a specific side of specific City block are to be allocated to those
Newsracks that reasonably pro e to the Director that they were previously installed
(as of a date determined by e Director) on that specific block side.
(2) If necessary, the Directo shall construct a random allocation system for Newsracks
that reasonably prove the Director that they were previously installed (as of a date
determined by the ector) on a specific block side, and then randomly allocate
locations on that b ck side ar an adjacent block side as close to the previous location
as the requirem ts of this Chapter and the assigned priority level allow.
(3) Ifnecessary the Director shall construct a random allocation system for Newsracics
thatwere otpreviouslyinstalled,orthatcannotreasonablyprovetotheDirectorthat
they we e previously installed, (as of a date deternuned by the Director) on a specific
bloc ide and, and then randomly allocate locations on that block side or an adjacent
Page 13 of 16
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block side as close to the requested location as the requirements of this Chapter and
the assigned priority level allow. These locations shall be allocated after the
allocations in the previous pazagraphs (D)(1) and (D)(2) above.
(E) The Director may, with reasonable notice (which may include notice on the City's Wor
VJide Web home page), establish application deadlines that occur no greater than ninety 0)
days prior to the end of the Implementation Period, for those Newsracks that app for
priority ailocation of Certificates of Compliance for any specific location pro 'ded in
pazagraph (D) of this section.
(F) The D'uector, to the estent reasonably possible, shall give notice of the oposed priority
allocafion of Certificates of Compliance to a11 Owners that apply for ority allocation as
ptovided in paragraph (D) of this section, at least fifty (45) days 'or to the end of the
Implementation Period for this Chapter.
(G) The Director may authorize the placement of warning notic on Newsracks at any time
during the ImplementaUon Period which state that all News ks aze subject to removal on
the specified effective date of this Chapter unless they ve obtained a Certificate of
Compliance pursuant to this Chapter. Each such warni.
regarding inquiries and the location for obtaining a Cer�
notice shall contain information
of Compliance.
(H) If, during the Implementation Period, a Newsrack O er has reasonable grounds to claim that
a Certificate of Compliance has been wrong ly denied, and wants to appeal that
deternrination, the appealing Owner shall, withi five (5) days of receipt of nofice of denial,
demand a review by giving written norice to e Director, and including in that notice any
e�ibits such as photographs or maps or idavits which support the claun. No oral
presentation shall be permitted, and all gro ds supporting the appeal shall be provided in
writing. The Director sha11 review the cl ' within ten (10) days of receipt of notice from the
appealing Owner. Within ten (10) day of the review, the Director sha11 provide written
notice of the decision to the annealin Owner.
(I) Ifthe appealing Owner believes th D'uector's decision ofthe appeal under Section 131.170
(H) is in error, the appealing O er may file a written request for a review pursuant to
Chapter 18, Legislative He Officer, of the City of St. Paul Legislative Code.
Section 131.180 Notice.
Unless otherwise spec cally provided for in this Chapter, any notice wiuch may be required
to be ar is given s 1 be in writing and shall be deemed received when it is either. (i)
Personally deliver , or (ii) Placed in the Certified U.S. Mail, rehun receipt requested.
Section 3
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Saint Paul Legislative Code Sections 18.01 and 18.02 aze hereby amended to read as follows:
Sec.18.01. Legislative hearing afficer.
In order to heaz and decide appeals of orders, decisions or determinations m by the
enforcement officers relative to the enforcement of health, housing, building or codes
contained in the Saint Paul Legislarive Code, as well as eals of decisions m e relative to
Newsracks under secfions 131.70 (Cl and 131.170 (I� of the St. Paul Legisla ' e Code there
shall be and is hereby created a legislarive hearing officer. The legislative aring officer shall
beaCityofSaintPaulemployeeappointedbythepresidentofthecity cil.Thelegislative
hearing officer shall have the authoriry to hear appeals to orders, dec' ions or determinations
of the enforcement officers and make recommendations to the ity council. The hearing
officer sha11 not have the power to grant waivers of the Minnes ta State Building Code. All
matters, orders, decisions and determinations of the hearing o cer shall be forwarded to the
city council in resolution form within ten (10) days of the aring officer's acfions. The city
council shail have the authority to approve, modify, rev se, revoke, wholly or partly, the
hearing o�cer's orders, decisions or determinafions an shall make such order, decision or
determination as ought to be made.
Sec.18.02. Hearing petition, filing, fee, notice.
Any property owner affected by any order whi has been issued in connection with the
enforcement of a health, housing, building or ire code, or any rule or regulation adopted
131.70 C or 131.170 I of the St. Paul Le slative Code, may request and shall be granted
a hearing before the legislative hearing offi9 r on all matters set forth in such notice; provided,
that such property ar Newsrack owner all first file with the legislative hearing officer a
written petition requesting such hearin d setting forth a brief statement ofgrounds therefor
within ten (10) days after the date th original notice of code violations, or within ten (10�
da s after the date the Newsrack cision under sections 131.70 C or 131.1 0 was
issued.
The filing fee for such pefitio shall be twenty-five dollars ($25.00) except that where there
is financial hazdship, the he ' g officer may waive this filing fee subject to the approval of
the city council.
Upon receipt of such tition, the hearing officer shall set a time and place for such hearing
and shall give the p ioner written notice thereof. The hearing shall be commenced not later
than thirty (30) s after the date on which the petition was filed.
Section 4
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ORIGi�1AL
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Sections 131.90(A) and (B) of Section 2 of tlus Ordivance shall become effective two yeazs
following its passage, approval and publication. All other provisions ofthis Ordivauce shall
become effecfive 180 davs followin¢ its nassage_ annroval and nuhl;catinn
council
By. -'
Randy Lebedoff
Vice Presitlent antl
General Caunsel
(612) 673-4600 FAX: (672) 673-4607
425 Portiartd Avenue
Minneapoiis, Minnesota 55488-0002
November 22, 2000
DELIVERY BY HAND
ia�� R�II?1?2y
City Council - Ward 4
City Hall - Room 310D
15 West Kellogg Blvd.
St. Paul, MN 55102
Deaz Council Member Benanav:
�6� ���
I write to protest the passage of the proposed newsrack ordinance. We have made enormous
progress working with Councilman Coleman and the other members of the Council to try to
arrive at an ordinance which would address the issues of concern to the Council but not place an
undue burden on the newspapers which will be affected. We aze close with this ordinance, but
the issues which remain aze significant and place a large and costly burden on the Staz Tribune.
These issues include:
1. The numerous placement requirements which require Star Tribune to
review the geography and signage of each block in the city to determine
whether nlacement is allowed.
2. The reporting requirements which require the Star Tribune to file a report
concerning ali of its newsracks each rime a rack is added oz moved.
3. The rack card requirement which unconstitutionally limits what can be
said to advertising the "name" of the paper.
Finally, the ordinance itself has the effect of harn�ing competirion in the newspaper indushy by
favoring and fixrther entrenching newspapers such as the Pioneer Press at the expense of all other
paid newspapers (like USA Today, New York Titnes, Chicago Tribune and Star Tribune). This
is because the vast majority of readers obtain the Pioneer Press within St. Paul through home
delivery, while the main method of distribution by most, if not all, other paid newspapers within
the city is through newsracks.