HomeMy WebLinkAboutWS Item 01 - Newsracks �S �-��� � . __ 1
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER��
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JANUARY 15, 2008
SUBJECT: WORKSHOP - DISCUSS POSSIBLE AMENDMENTS TO
CHAPTER 20, STREETS, SIDEWALKS AND OTHER PUBLIC
WAYS AND APPENDIX G, HISTORIC PRESERVATION
REGULATING NEWSRACKS
RECOMMENDATION:
City Council to consider draft amendments to Section 20, Streets, Sidewalks and other
Public Ways and Appendix G, Historic Preservation regulating newsracks and take any
necessary action.
BACKGROUND INFORMATION:
Due to the proliferation of newsracks, staff has been requested to investigate methods of
regulating them, to help reduce their effect on visual clutter, interference with pedestrian
traffic, and other undesirable effects. Research revealed that several cities across the
country have developed ordinances that regulate newsracks. The degree of regulation
varies greatly, from simply requiring licenses, to complete bans of newsracks in certain
areas. Many of these ordinances have resulted in legal action, and the judgments have
typically been in favor of the City, except in cases where the ordinance has been selective
in the types of publications it was intended to regulate (i.e. paid publications vs. free, or
commercial vs. non-commercial).
In 2007, the City of Dallas adopted an ordinance regulating newsracks. This ordinance
established licensing procedures, regulated the condition and placement of newsracks, and
established a lottery system for allocating locations of freestanding newsracks if there were
more publications than available spaces. The Dallas ordinance also designated their
Central Business District as a "multiple newsrack unit zone", making it mandatory that all
publications be placed in modular units provided by the City.
Staff has used the Dallas ordinance as a model for the proposed ordinance being
presented to Council. The proposed ordinance applies to newsracks located on public
rights-of-way throughout the City. It establishes criteria for the licensing of publishers who
place newsracks in the rights-of-way, and establishes fees. The ordinance specifies the
types of newsracks and provides specifications for advertising on the newsracks. The
ordinance provides very specific criteria for the location of the newsracks, including the
f maximum number of racks in a group and the distance groups may be placed apart. Staff
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is initially proposing that no more than eight newsracks be placed in a group, with at least �
75 feet between groups. It is also being proposed that not more than one specific .
publication be placed on any blockface.
The draft ordinance also provides for multiple newsrack unit zones. Staff has taken the
liberty of proposing multiple unit newsrack zones for the following locations:
1. Any property with an Historic Landmark Subdistrict overlay.
2. The Grapevine Township District
3. Individual Historic Landmark Subdistrict or any property designated on the
National Register of Historic Places.
Freestanding newsracks shall not be placed within these zones; multiple newsrack units
will be provided by the City in locations designated by the City within these zones.
It is suggested by Staff that four modular newsrack units be placed along South Main
Street; one 12 unit module and three eight unit modules. This would accommodate all of
the publications located on South Main Street (between Northwest Highway and Dallas
Road) as of January 2008. Staff has received a very rough estimate of approximately
$15,000 for these units. Annual revenue from the application/licensing program is
anticipated to be approximately $13,000. Therefore, the cost of the multiple newsrack
units could be recovered in less than two years.
Should Council wish to proceed with this proposal, Staff will incorporate any changes that �
Council desires and take the ordinance to the Historic Preservation Commission. The
ordinance will be brought to a future public hearing. Staff will also set up meetings with
publishers to receive their input regarding the program. Lastly, Staff will obtain more
accurate cost estimates for the modular units prior to the public hearing.
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D RA FT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING CHAPTER 20 OF THE
GRAPEVINE CODE OF ORDINANCES, STREETS, SIDEWALKS
AND OTHER PUBLIC WAYS, AND APPENDIX G HISTORIC
PRESERVATION, RELATIVE TO NEWSRACKS, PROVIDING
AMENDMENTS TO SAME, REPEALING CONFLICTING
ORDINANCES; PROVIDING A PURPOSE AND INTENT;
DEFINING TERMS; REQUIRING A LICENSE TO OPERATE A
NEWSRACK ON PUBLIC RIGHT-OF-WAY NOT OPEN TO
VEHICULAR TRAFFIC; PROVIDING APPLICATION
PROCEDURES AND FEES; PROVIDING LICENSE
REQUIREMENTS, PROCEDURES, CONDITIONS, AND FEES;
PROVIDING STANDARDS FOR INSTALLATION, OPERATION,
AND MAINTENANCE OF NEWSRACKS; PROVIDING FOR THE
LOCATION OF NEWSRACKS; PROVIDING DESIGN AND
APPEARANCE STANDARDS FOR NEWSRACKS; PROVIDING
FOR RESTORATION OF THE RIGHT-OF-WAY UPON
TERMINATION OF A NEWSRACK LICENSE; PROVIDING FOR
THE REMOVAL OF NEWSRACKS AND PUBLICATIONS FOR
VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR
APPEALS; PROVIDING FOR THE DESIGNATION OF MULTIPLE
NEWSRACK UNIT ZONES; DESIGNATING CERTAIN
DISTRICTS AS MULTIPLE NEWSRACK UNIT ZONES;
PROVIDING A PENALTY NOT TO EXCEED $500; PROVIDING
A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds and declares that the design, installation,
placement, and maintenance of newsracks located in the public right-of-
way must be regulated in order to ensure safe and unobstructed passage
of pedestrians over those portions of the public right-of-way not open to
vehicular traffic;
WHEREAS, the proliferation of unregulated newsracks can impede pedestrian
traffic, including requirements for disability access and pose a significant
hazard and inconvenience to pedestrians, abutting landowners, property,
and vehicular traffic; and
WHEREAS, the lack of uniform design and appearance standards for newsracks
and other street furniture and streetscape creates visual clutter and blight
and has a deleterious effect on the aesthetic quality of the city's public
right-of-way in general; and
WHEREAS, the city desires to create aesthetically pleasing and uniform
functional design standards for streetscape within the city; and
WHEREAS, the design, installation, placement, and maintenance of newsracks,
as part of the streetscape furniture, must comply with setback
requirements and be compatible in relationship to the proximity, design,
and use of other existing or proposed street improvements and
streetscape, including, but not limited to, signs, utility posts, parking
meters, public transportation shelters and stop areas, benches, planters,
traffic devices, loading zones, and landscaped areas; and
WHEREAS, in order to further the city's stated interest and purposes set forth in
this ordinance, as well as maintaining the integrity of designated Historic
Districts, the city council also finds that it is necessary to designate some
areas of the city as multiple newsrack unit zones; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1. That Chapter 20, Streets, Sidewalks and other Public Ways, of the
Grapevine Code of Ordinances is hereby amended by the addition of a new Article V,
Newsracks, to read as follows:
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ARTICLE V NEWSRACKS.
SECTION 20-67 PURPOSE AND INTENT.
This division applies to and regulates newsracks located on the public right-of-
way within the city of Grapevine and provides administrative procedures for the grant of
annual licenses regarding newsracks to be located on the public right-of way. This
division also ensures that newsracks do not create a hazard to persons or property, do
not interfere with pedestrian or vehicular traffic, and are kept neat, clean, and in good
repair.
SECTION 20-68 DEFINITIONS.
In this division, unless the context requires a different definition:
(a) BLOCK means an area bounded by streets on all sides. If a street
deadends, the terminus of the dead-end street will be treated as an
intersecting street.
(b) BLOCKFACE means the linear distance of lots along one side of a street
between the two nearest intersecting streets. If a street deadends, the
terminus of the dead-end street will be treated as an intersecting street. ,�
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- (c) CROSSWALK has the meaning given that term in Section 541.302 of the
��. Texas Transportation Code, as amended.
(d) D/RECTOR means the director of Development Services, or a designee.
(e) FREESTANDING NEWSRACK means a newsrack that is not a multiple
newsrack unit or a part of a multiple newsrack unit.
(f) LICENSE means permission granted under this division to a person to
install, operate, or maintain a newsrack within the public right-of-way of
the city for a specific period of time.
(g) LICENSEE means the publisher, and any other person operating and
maintaining a newsrack on behalf of a publisher, who is issued a license
under this division to install, or maintain a newsrack within the public right-
of-way of the city.
(h) MULTIPLE NEWSRACK UNIT means a single structure containing more
than one newsrack that is installed by the city in a multiple newsrack unit
zone.
(i) NEWSRACK means any self-service or coin-operated container, rack, or
structure used or maintained for the display, distribution, or sale of
newspapers, periodicals, or other publication.
(j) PERSON MEANS an individual, assumed name entity, partnership, joint
venture, association, corporation, or other legal entity.
(k) PUBLISHER means any person who owns and/or distributes newspapers,
periodicals, or other publications.
(I) SPLIT-DOOR NEWSRACK means a freestanding newsrack or a
newsrack space in a multiple newsrack unit that has been split into two
separate distribution areas.
SECTION 20-69 LICENSE REQUIRED.
A person commits an offense if:
(a) he installs, operates, or maintains a newsrack on any portion of a public
right-of-way within the city that is open to vehicular traffic; or
(b) without a license issued under this division, he installs, operates, or
maintains a newsrack on a public right-of-way in the city that is not open to
vehicular traffic.
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SECTION 20-70 LICENSE APPLICATION; ISSUANCE OF LICENSE; �-��
(a) A person who desires to install, operate, or maintain a newsrack on a
public right-of-way is not open to vehicular traffic, or who desires to place
publications within a multiple newsrack unit shall submit an application for
a newsrack license to the director on a form provided for that purpose.
The applicant must be the person who will install, operate, or maintain the
newsrack. The application must be verified and contain all of the following:
(1) Name, address, telephone number, and signature of the applicant.
If the applicant is a person other than the publisher, then the
publisher must also sign the application, agreeing to be bound by
the terms contained in the license.
(2) Name, address and telephone number of the person the city may
contact concerning installation, placement, operation, and
maintenance of the applicant's newsracks, or space within a
multiple newsrack unit.
(3) Form of business of the applicant and, if the business is a
corporation or association, a copy of the documents establishing
the business.
(4) Number of newsracks or spaces within multiple newsrack units the
applicant wishes to install or operate in the city and a list indicating
the proposed location (by blockface) of each newsrack, the name of �
the publication each newsrack will dispense, and whether the
publication will be dispensed free or for a charge.
(5) Dimensional measurements of each style of any freestanding
newsracks to be installed, with drawing or photographs.
(b) Following a review of the application, execution of the written agreement
required under Section 20-71 payment of a nonrefundable $100.00
application processing fee, and payment of the annual fee for a newsrack
license, the director shall, within 60 days following the date of receipt of an
application for an initial license and within 30 days following the date of
receipt of an application for a license renewal, issue a newsrack license to
the applicant unless denial is required by Section 20-72, or unless there
are no available newsrack spaces. In the event that no newsrack spaces
are available, the application shall be kept on file and shall be eligible to
be entered into a lottery in accordance with Section 20-75(b), until the
date of its expiration.
(c) Before any newsrack not authorized under a newsrack license may be
installed, operated, or maintained on the public right-of-way, the licensee
must make a written request to the director for the additional newsrack,
and pay the required annual fee.
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(d) The director may (in accordance with procedures established by this
division for the allocation of newsrack locations) approve changes to the
location of a validly licensed newsrack, upon written request by a licensee,
for no additional fee. An amendment that substantially changes the scope
of a license (such as displaying, distributing, or selling in a newsrack a
publication not specified in the license application for the newsrack) must
be applied for in the same manner as the original license.
(e) A licensee shall notify the director within 10 days of any changes in the
address or telephone number of the publisher or of the person responsible
for the installation, operation, or maintenance of the newsracks permitted
under the license.
(f) A license issued to one person may not be transferred to another person.
A newsrack location assigned to one person or publication may not be
transferred to another person or publication without following the
procedures established by this division for the allocation of newsrack
locations. A license may be transferred to a replacement newsrack at the
same location, provided that the replacement newsrack is operated by the
original licensee.
(g) The $100.00 application fee need only be paid upon initial application,
provided annual license is renewed in accordance with Section 20-74.
SECTION 20-71 CONDITIONS OF A LICENSE AND ANNUAL FEES.
(a) tt is a condition of a license that the installation, operation, and
maintenance of each newsrack be in accordance with this division.
(b) Prior to the issuance of a license, the licensee shall execute a written
agreement providing all of the following:
(1) The licensee will defend, indemnify, and hold whole and harmless
the City of Grapevine and its officers, agents, representatives, or
employees against any and all claims, lawsuits, judgments, costs,
or expenses (including attorney's fees) for bodily injury, property
damage, or other harm arising out of, or in any way related to, the
licensee's occupancy, maintenance, or use of the licensed area or
the licensee's placement, installation, operation, or maintenance of
any newsrack.
(2) If the City of Grapevine is ever made a defendant in any cause of
action, directly or indirectly, based upon the licensee's occupancy,
maintenance, or use of the licensed area, or the licensee's
placement, installation, operation, or maintenance of any newsrack,
the city shall have the right, at its option, to implead the Iicensee
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and its successors and assigns.
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(3) The licensee will procure, prior to the issuance of a license, and �
keep in full force and effect at all times during the license term,
commercial general liability insurance coverage (including, but not
limited to, premises/operations, independent contractors, and
contractual liability) protecting the City of Grapevine against any
and all claims for damages to persons or property as a result of, or
arising out of, the licensee's occupancy, maintenance, or use of the
licensed area or the licensee's placement, installation, operation, or
maintenance of any newsrack, with the minimurn combined bodily
injury (including death) and property damage limits of not less than
$500,000 annual aggregate. The insurance policy must be written
by an insurance company approved by the State of Texas and
acceptable to the city and issued in a standard form approved by
the Texas Department of Insurance. All provisions of the policy
must be acceptable to the city and must name the city and its
officers and employees as additional insured's and provide for 30
days written notice to the director of cancellation, non-renewal, or
material change to the insurance policy.
(4) The license is subject to the rights of the city, public utilities, and
franchisees in and to the public right-of-way and the rights of the
city to make changes to the grade of any street, sidewalk, or
parkway, and the licensee will never make a claim against the city
for damages it might suffer by reason of the installation, ,,,�;,
construction, reconstruction, operation, or maintenance of any
public improvement, utility, or communication facility on the license
area.
(c) The annual license fee for a newsrack license is:
(1) $75.00 for each freestanding newsrack located within a public right-
of-way of the city; and
(2) $150.00 for each newsrack space operated in a multiple newsrack
unit, which amount includes rental of the newsrack space from the
city.
(d) A licensee shall pay the annual license fee for a newsrack license to the
director. The payment must be made on or before the issuance of a
license. All sums due under this section must be deposited by the city
controller and are subject to a $20.00 fee for each dishonored check.
Except as specifically provided otherwise in this division, no license fees
will be prorated upon termination of any license.
SECTION 20-72 DENIAL OR REVOCATION OF A LICENSE.
(a) The director shall deny a newsrack license if the director determines that �
the applicant has:
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(1) made a false statement of a material fact on an application for a
newsrack license;
� (2) failed to provide the information requested on an application for a
newsrack license;
(3) failed to execute a written agreement in accordance with Section
20-71;
(4) failed to pay the nonrefundable application fee or annual license fee
at the time due; or
(5) failed to comply with the requirements of this division or other
applicable law.
(b) The director shall revoke a newsrack license if the director determines that
the licensee has:
(1) made a false statement of a material fact on an application for a
newsrack license;
(2) failed to comply with the requirements of the newsrack license, the
written agreement executed under Section 20-71 this division, or
any other applicable law;
(3) failed to maintain in full force and effect the insurance as required
by this division; or
(4) failed to pay any fees required by this division at the time due.
SECTION 20-73 APPEAL FROM LICENSE DENIAL OR REVOCATION.
(a) If the director denies the issuance or renewal of a license or revokes a
license, the director shall send to the applicant or licensee written notice of
the reason for denial, non-renewal or revocation and the right to an
appeal, by certified mail, return receipt requested, or by personal delivery,
If the certified mail is refused by the recipient, the notice may be sent by
regular mail.
(b) Upon receipt of written notice of the denial, nonrenewal, or revocation, the
applicant or licensee whose application for a license or license renewal
has been denied or whose license has been revoked has the right to an
appeal to the city manager.
(c) An appeal to the denial, revocation, or non renewal of a license shall be
made in writing to the city manager. The filing of an appeal under this
subsection stays the action of the director in revoking a license until a final
decision is made by the city manager. A revocation upheld by the city
manager is effective on the first midnight that is at least 24 hours after the
city manager issues its decision.
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(d) An appeal to the state district court must be filed within 30 days after ����.
receipt of notice of the city managers decision. The applicant or licensee
shall bear the burden of proof in court.
SECTION 20-74 EXPIRATION AND RENEWAL OF A LICENSE.
(a) A newsrack license expires and becomes invalid on Decernber 31 of each
year, unless sooner terminated by the director in accordance with this
division or by city council ordinance in accordance with the city charter. A
license shall apply for renewal of a newsrack license at least 30 days, but
not more than 90 days, before expiration of the license. An application for
renewal must be made in accordance with the procedures established in
Section 20-70.
(b) An existing licensee will be able to renew a license for the same newsrack
locations until those newsrack locations are reallocated under a five-year
lottery conducted under Section 20-75(a)(3), except that failure to timely
renew a license in accordance with Subsection (a) of this section, or
denial or revocation of a license, will result in the location for that
newsrack being made available to other publishers.
SECTION 20-75 ALLOCATION OF FREESTANDING NEWSRACK LOCATIONS.
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(a) Initial allocation. Before June 1, 2009, the director shall allocate locations
for freestanding newsracks in accordance with the following procedures:
(1) The director shall determine how many freestanding newsracks
may be placed on a blockface in locations complying with this
division.
(2) The director shall determine how many freestanding newsracks are
being lawfully operated on a particular blockface. A freestanding
newsrack will be considered as being lawfully operated on the
blockface if it is documented as being legally located on the
blockface as of January 1, 2008.
(3) If the number of lawfully-operated freestanding newsracks on the
blockface exceeds the number of newsrack spaces allowed on the
blockface under this division, the director shall conduct a lottery to
determine the allocation of the newsrack spaces as follows:
The director shall place in a pool the names of all publications
dispensed in the freestanding newsracks that are being lawfully
operated on the blockface. The directors shall draw from the pool a
number of publication names equal to the number of newsrack
spaces allowed under this division on that blockface. The director
shall assign numbers to the names, beginning with the Number 1
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for the first-drawn name and continuing in a sequential manner.
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The publications whose names are drawn will be allocated a
newsrack space on the blockface as long as compliance with this
� division is maintained. The publishers of the publications allocated
a newsrack space through the lottery process will select locations
on the blockface in the order in which their publication names were
drawn, with Number 1 having first choice. The director shall draw
the remaining publication names from the pool and assign them a
number, beginning with the number following the one assigned to
the last publication allocated a newsrack space on the blockface.
These remaining publications will be allocated a newsrack space
on the blockface (in the order drawn) only if any of the other
publications originally allocated a newsrack space on the blockface
do not want the space or do not qualify for the space. The publisher
of any publications that is not allocated a newsrack space on the
blockface shall remove the newsrack containing that publication
within 10 days after the date the lottery is conducted.
(5) If the number of lawfully-operated freestanding newsracks on the
blockface equals the number of newsrack spaces allowed on the
blockface under this division, the publications dispensed in those
lawfully-operated newsracks will each be allocated a newsrack
space on the blockface as long as compliance with this division is
maintained. The publishers of the publications allocated newsrack
spaces under this paragraph shall select locations on the blockface
in the order in which their completed license applications are
received by the director in compliance with this division, with the
first received having first choice.
(6) If the number of lawfully-operated freestanding newsracks on the
blockface is less than the number of newsrack spaces allowed on
the blockface under this division, the publications dispensed in
those lawfully-operated newsracks will each be allocated a
newsrack space on the blockface as long as compliance with this
division is maintained. The publishers of the existing publications
allocated newsrack spaces under this paragraph shall select
locations on the blockface in the order in which their completed
license applications are received by the director in compliance with
this division, with the first received having first choice. The
remaining newsrack spaces will be allocated through the lottery
process described in Subsection (b) of this section.
(b) Future allocation. After the initial allocation of newsrack locations under
Subsection (a), whenever one or more freestanding newsrack spaces
become available on a blockface, the director shall allocate the newsrack
in accordance with the following procedures:
(1) The director shall, by personal service or by regular United States
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mail, notify all publishers who have current valid license
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applications on file with the city, that a lottery will be held to allocate �
the available freestanding newsrack spaces. The notice must:
a identify the number and location (by blockface) of the
available newsrack spaces;
b state the date, time, and location of the lottery;
c state the date and time by which the director must receive all
request to have publications entered in the lottery and the
address at which the request must be received; and
d state any other information the director determines
necessary to conduct the lottery.
(2) Any licensed applicant who has been notified and wishes to
participate in the lottery shall submit a request in writing to the
director. Such request shall be received by 12:00 noon on the day
prior to the lottery.
(3) The director shall place in a pool the names of all publications for
which requests to participate in the lottery were timely received.
The director shall draw from the pool a number of publication
names equal to the number of newsrack spaces available on that
blockface. The director shall assign numbers to the names,
beginning with the Number 1 for the first-drawn name and
continuing in a sequential manner. The publications whose names ,�
are drawn will be allocated a newsrack space on the blockface as
long as compliance with this division is maintained. The publishers
of the publications allocated a newsrack space through the lottery
process will select locations on the blockface in the order in which
their publication names were drawn, with Number 1 having first
choice.
The director shall draw the remaining publication names from the
pool and assign them a number, beginning with the number
following the one assigned to the last publication allocated a
newsrack space on the blockface (in the order drawn) only if any of
the other publications allocated a newsrack space on the blockface
do not want the space or do not qualify for the space.
(4) Random five-year lottery. Five years after the initial allocation of
newsrack spaces on a blockface and every five years thereafter,
the director shall reallocate the newsrack spaces in accordance
with the lottery procedures established in Subsection (b) of this
section. The publisher of any publication that is not allocated a
newsrack space on the blockface shall remove the newsrack
containing that publication within 10 days after the date the lottery
is conducted. .,�,
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SECTION 20-76 STANDARDS FOR INSTALLATION, OPERATION, AND
„ MAINTENANCE OF NEWSRACKS.
(a) Any newsrack that, in whole or part, rests on any public right-of-way within
the city not open to vehicular traffic must:
(1) comply with all applicable city ordinances and state and federal
laws; and
(2) not remain continuously empty of publications authorized under the
newsrack license form more than 30 consecutive days.
(b) In addition to meeting the requirements of Subsection (a), any
freestanding newsrack that, in whole or part, rests on any public right-of-
way within the city not open to vehicular traffic must meet all of the
following standards
(1) Be one of the following designated newsrack models or an
equivalent approved by the director:
a Rak Systems, Inc. R-80 or Kaspar Inc./Sho Rack Model
TK80, if the newsrack is coin-operated; or
b Rak Systems Model C91 or Kaspar Inc./Sho-Rack Model 83,
if the newsrack only dispenses free publications.
In the event that these models are unavailable/discontinued, the
director may authorize alternate models/manufacturers.
(2) Not display advertising, except that a logo or other information
identifying the publication and coin operation information may
appear on a freestanding newsrack. This information must be
contained in an area not to exceed six inches high and 20 inches
wide on the front, back, and/or sides of the newsrack.
(3) Be constructed of inetal, not plastic, and be glossy dark forest
green, as approved by the Historic Preservation Manager of the
City of Grapevine.
(4) Have a notice, not to exceed three inches high and five inches
wide, in a readily visible place on the newsrack with the name of
the distributor and a working telephone number of whom to call to
report a malfunction or to obtain a refund if any coin return
mechanism malfunctions. This separate notice is not required if the
information required by this paragraph is included with the logo and
information allowed under Paragraph (2) of this section.
(5) Be maintained in a neat and clean condition and in good repair
such that:
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a the newsrack is reasonably free of dirt and grease; ��
b the newsrack is reasonably free of chipped, faded, peeling,
and cracked paint in the visible painted areas;
c the newsrack is reasonably free of rust and corrosion;
d the newsrack is free of all graffiti;
e free of all unauthorized stickers or other attachments.
f any clear plastic or glass parts through which the
publications are viewed are unbroken and reasonably free of
cracks, dents, blemishes, and discoloration;
g any paper or cardboard parts or inserts are reasonably free
of tears, peeling, or fading; and
h no structural parts are broken or excessively misshapen.
(6) Be of sufficient weight, or be anchored in a manner approved by
the director to a heavy metal plate of sufficient weight, to prevent
tipping over of the newsrack. A freestanding newsrack may not be
anchored to the ground, sidewalk, trees, posts, poles, or
streetscape furniture.
SECTION 20-77 LOCATIONAL REQUIREMENTS FOR NEWSRACKS.
(a) No freestanding newsrack or multiple newsrack unit may be located in a
manner that: �.
(1) impairs or interferes with:
a pedestrian traffic, including wheelchairs;
b the ability to fully open a door to any building;
c the loading or unloading of passengers from a bus or light
rail vehicle; or
d emergency access to a building or property by the police
department, the fire department, or emergency medical
services;
(2) reduces the clear, unimpeded sidewalk width to less than four-feet
at any point.
(3) obstructs the visibility of a fire hydrant, fire department inlet
connection, fire protection system control valve, fire call box, police
call box, traffic control signal box, or other emergency facility so
that the emergency facility cannot be clearly seen from a public
street or roadway open to motor vehicular traffic; or
(4) is determined by the director to endanger the safety of persons or
property.
,�:.-
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(b) On each blockface, freestanding newsracks must be placed together in
.:p,,�� groups, with not more than eight newsracks in each group. A distance of
at least 75 feet must separate each group of freestanding newsracks
located on the same blockface.
(c) No more than four newsracks (whether freestanding newsracks or
newsrack spaces in multiple newsrack units) on any block may dispense
the same publication, and no more than one newsrack (whether
freestanding newsracks or newsrack spaces in multiple newsrack units)
on any blockface may dispense the same publication. The same
publication may not be dispensed in more than one newsrack space in a
multiple newsrack unit or in an attached grouping of multiple newsrack
units.
(d) A freestanding newsrack or a multiple newsrack unit may not be located
. within:
(1) any median or traffic island;
(2) a visibility triangle as determined by the city traffic engineer;
(3) the area contained within the projection of the width of a crosswalk
to the back of an adjacent sidewalk;
(4) the area contained within the projection of the width of a building's
doorway to the curb face or pavement edge of any public street or
roadway open to motor vehicular traffic;
(5) two feet of a curb face or pavement edge of any public street or
roadway open to motor vehicular traffic if the newsrack opens away
from the curb face or pavement edge,
(6) three feet of;
a any mailbox, water feature, art, monument, planter, kiosk,
trash receptacle, drinking fountain, streetscape bench, or
parking meter;
b a fire hydrant, fire department inlet connection, fire protection
system control valve, fire call box, police call box, traffic
control signal box, or other emergency facility; or
c a bench, shelter, informational sign, or ticketing equipment of
a light rail system;
(7) five feet of a curb face or pavement edge of any public street or
roadway open to motor vehicular traffic if the newsrack opens
towards the curb face or pavement edge;
(8) six feet of a bicycle rack;
(9) seven feet of bus stop sign, bus stop bench, or bus stop shelter; or
(10) 15 feet of the centerline of rail of any light rail system track.
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(11) A freestanding newsrack may not be located within a multiple -�
newsrack unit zone or within 50 feet of a multiple newsrack unit
zone.
SECTION 20-78 DISPLAY AND DISTRIBUTION OF HARMFUL MATERIALS
THROUGH NEWSRACKS.
A licensee shall not knowingly display, distribute, or sell any harmful matter, as
defined in Section 43.24(a)(2) of the Texas Penal Code, as amended, through any
newsrack licensed under this division.
SECTION 20-79 RESTORATION OF THE RIGHT-OF-WAY.
Upon termination of a license, the licensee (or the director's designee, who shall
assess any costs to the licensee) shall remove a freestanding newsrack and restore the
right-of-way to its original condition in a manner satisfactory to the director. A licensee
shall remain liable for all license fees from the time a license is issued until such time as
all freestanding newsracks are removed, the license area is restored to its original
condition, and the license is properly terminated.
SECTION 20-80 REMOVAL OF NEWSRACKS AND PUBLICATIONS.
(a) If the director determines that a freestanding newsrack is not in ,,,,�
compliance with the requirements of this division or that a newsrack space
in a multiple newsrack unit is not being operated in compliance with the
requirements of this division, the director shall send a "Notice of Intent to
Remove" by personal service or by certified mail, return receipt requested,
to the licensee. The notice must state the violation or violations that
constitute the basis for the proposed removal of the licensee's
freestanding newsrack or the proposed removal of publications from the
licensee's newsrack space in a multiple newsrack unit, whichever is
applicable, and suggest corrective action if applicable. The notice must
specify the date, time, and place for a hearing to be held before removal.
(b) A hearing must be held not less than 10 days following service of notice,
or if the recipient refuses to accept the notice, 10 days after notice has
been sent out by regular mail. Prior to the hearing, the licensee may
correct the violation or may file a written statement setting forth the reason
or reasons why the newsrack or publications, whichever applies, should
not be removed. At the hearing, the director or the director's designee
shall hear evidence and determine whether the licensee's freestanding
newsrack complies with this division or whether the licensee's newsrack
space in a multiple newsrack unit is being operated in compliance with this
division, whichever applies. If it is determined that a freestanding
newsrack is not in compliance with this division, the newsrack must be
removed by the licensee or otherwise brought into compliance. If it is
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determined that a newsrack space in a multiple newsrack unit is not being
%_ operated in compliance with this division, the licensee shall remove all
publications from the newsrack space or otherwise bring the operation of
the newsrack space into compliance. The decision of the director may be
appealed to the city manager in accordance with Subsection (e) of this
section. If, within 10 days after the date of the hearing or, if an appeal is
filed, within 10 days after the date of the city manager renders a decision,
the licensee has not removed the freestanding newsrack or the
publications, whichever applies, or otherwise come into compliance with
this division, the city may remove the newsrack or the publications and
recover the costs of removal and storage from the licensee.
(c) The director may summarily remove or order any freestanding newsrack
removed if it creates an imminent danger of personal injury or property
damage. Promptly following the summary removal, the director shall notify
the licensee by personal service or by certified mail, return receipt
requested, of the removal, the reason for the removal, and the right to
appeal the action to the city manager in accordance with Subsection (e).
The licensee may recover any newsracks summarily removed upon
reimbursement to the city for the costs of removal and storage. Any coins
or publications contained in the newsrack will be returned to the licensee
when the newsrack is returned. The licensee may return the freestanding
newsrack to its original location upon correction of the violation (unless the
location constituted a violation).
(d) Any newsrack or publication not claimed with 10 days after removal by the
city may be disposed of by the city as unclaimed property.
(e) If the director orders removal of a freestanding newsrack or a publication
under Subsection (b) or summarily removes a freestanding newsrack
under Subsection (c), this action is final unless, within 10 days after the
receipt of notice of the director's action, the affected licensee, publisher, or
owner of the newsrack or publication, whichever applies, files with the city
manager a written appeal. Within 15 days after the appeal is filed, the city
manager or the city manager's designee shall consider all the evidence in
support of and against the action appealed and render a decision
sustaining, modifying, or reversing all or part of the director's action. The
formal rules of evidence do not apply to an appeal hearing under this
subsection, and the city manager or the city manager's designee shall
make a ruling on the basis of a preponderance of the evidence presented
at the hearing. The decision of the city manager is final as to
administrative remedies.
,,,li��.
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SECTION 20-81 MULTIPLE NEWSRACK UNIT ZONES. �t
(a) The city council may, by ordinance, establish zones within the city where
the exclusive use of multiple newsrack units is required. A request for a
multiple newsrack unit zone may be initiated by a city council member.
(b) Criteria that may be considered in establishing a multiple newsrack unit
zone include, but are not limited to:
(1) whether the proposed zone has historical significance;
(2) whether there is extensive availability and use of public
transportation services and facilities in the proposed zone;
(3) whether there is a large amount of pedestrian traffic in the
proposed zone;
(4) whether there is a proliferation of freestanding newsracks in the
proposed zone;
(5) whether limited space is available for freestanding newsracks in the
proposed zone; and
(6) whether the proposed zone is located in a district area with an
established urban or neighborhood character.
(c) The following areas are hereby established by the city council as multiple
newsrack unit zones: �:
(1) Any property designated with a Historic Zoning Overlay District, the
Grapevine Township District, individual landmark, or property
designated on the National Register of Historic Places, including
the adjacent right-of-way, shall hereby be designated as multiple
newsrack zones.
(d) Before an ordinance is adopted establishing any additional multiple
newsrack unit zone, the director shall prepare a plan that includes:
(1) the number and proposed locations of the multiple newsrack units
to be installed in the proposed zone;
(2) the design criteria for the multiple newsrack units to be installed in
the proposed zone; and
(3) the number and location of existing freestanding newsracks in the
proposed zone.
(e) After the plan is prepared, the director shall place on a city council agenda
an item for council consideration of the proposed multiple newsrack unit
zone. At least 10 days before the date of the council meeting at which the
city council will consider the item, notice of the meeting must be sent by
regular United States mail to: ,,��,.
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(1) all publishers having current license application or current licenses
��� with the city to operate newsracks in the public right-of-way; and
(2) all owners of property located within 200 feet of the proposed
multiple newsrack unit zone.
(f) The notice required in Subsection (e) must include the date, time, and
location of the council meeting and a brief summary of the proposed plan
for the multiple newsrack unit zone.
(g) After a multiple newsrack unit zone is established, the city may install and
maintain multiple newsrack units in the zone, in locations determined by
the director in conjunction with other city departments. A publisher shall
only use a multiple newsrack unit provided by the city to dispense
publications in a multiple newsrack unit zone, except that any freestanding
newsrack lawfully operating on a blockface at the time the blockface is
included in a multiple newsrack unit zone may continue to operate on the
blockface until multiple newsrack units are. actually installed on the
blockface.
(h) The director shall allocate newsrack spaces in multiple newsrack units in
accordance with the following procedures:
(1) Initial allocation.
a The director shall determine how many newsrack spaces are
available in multiple newsrack units placed on a blockface in
compliance with this section.
b The director shall determine how many freestanding
newsracks are being lawfully operated on the blockface. A
freestanding newsrack will be considered as being lawfully
operated on the blockface if it is documented as being
legally located as of January 1, 2008.
c If the number of lawfully-operated freestanding newsracks
on the blockface exceeds the number of newsrack spaces
available in multiple newsrack units on the blockface, the
director shall conduct a lottery to determine the allocation of
the newsrack spaces as follows:
The director shall place in a pool the names of all
publications dispensed in the freestanding newsracks that
are being lawfully operated on the blockface. The director
shall draw from the pool a number of pubfications names
equal to the number of newsrack spaces available in multiple
newsrack units on that blockface. The director shall assign
numbers to the names, beginning with the Number 1 for the
first-drawn name and continuing in a sequential manner. The
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publications whose names are drawn will be allocated a -�
newsrack space in a multiple newsrack unit on the blockface
as long as compliance with this division is maintained. The
publishers of the publications allocated a newsrack space
through the lottery process will select locations in the
multiple newsrack units on the blockface in the order in
which their publication names were drawn, with Number 1
having first choice. The director shall draw the remaining
publication names from the pool and assign them a number,
beginning with the number following the one assigned to the
last publication a�located a newsrack space in a multiple
newsrack unit on the blockface. These remaining
publications will be allocated a newsrack space in a multiple
newsrack unit on the blockface (in the order drawn) only if
any of the other publications allocated a newsrack space do
not want the space or do not qualify for the space. The
publisher of any publication that is not allocated a newsrack
space in a multiple newsrack unit on the blockface shall
remove the newsrack containing that publication within 10
days after the date the lottery is conducted.
d if the number of lawfully-operated freestanding newsracks
on the blockface equals the number of newsrack spaces
available in multiple newsrack units on the blockface, the ,,�
publications dispensed in those lawfully-operated newsracks
will each be allocated a newsrack space in a multiple
newsrack unit on the blockface as long as compliance with
this division is maintained. The publishers of the publications
allocated newsrack spaces under this paragraph shall select
locations in the multiple newsrack units on the blockface in
the order in which their completed license applications are
received by the director in compliance with this division, with
the first received having first choice.
e If the number of lawfully-operated freestanding newsracks
on the blockface is less than the number of newsrack spaces
availabte in multiple newsrack units on the blockface, the
publications dispensed in those lawfully-operated newsracks
will each be allocated a newsrack space in a multiple
newsrack unit on the blockface as long as compliance with
this division is maintained. The publishers of the existing
publications allocated newsrack spaces under this
paragraph shall select locations in a multiple newsrack unit
on the blockface in the order in which their completed
license applications are received by the director in
compliance with this division, with the first received having
first choice. The remaining newsrack spaces will be �,
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allocated through the lottery process described in Section
20-81 (h)(2) future allocation.
(2) Future allocation.
a Whenever one or more newsrack spaces become available
in a multiple newsrack unit on a blockface, the director
shall, by personal service or by regular United States mail,
notify all publishers who have current valid license
applications on file with the city that a lottery will be held to
allocate the available newsrack spaces. The notice must:
1 identify the number and location (by blockface) of the
available newsrack spaces;
2 state the date, time, and location of the lottery;
3 state the date and time by which the director must
receive all request to have publications entered in the
lottery and the address at which the request must be
received; and
4 state any other information the director determines
necessary to conduct the lottery.
b Any license applicant who has been notified and wishes to
participated in the lottery shall submit a request in writing to
the director, such request shall be received by 12:00 noon
on the day prior to the lottery.
c The director shall place in a pool the names of all
publications for which request to participate in the lottery
were timely received. The director shall draw from the pool
a number of publication names equal to the number of
newsrack spaces available in multiple newsrack units on
that blockface. The director shall assign numbers to the
names, beginning with the Number 1 for the first-drawn
name and continuing in a sequential manner. The
publications whose names are drawn will be allocated a
newsrack space in a multiple newsrack unit on the
blockface as long as compliance with this division is
maintained. The publishers of the publications allocated a
newsrack space through the lottery process will select
locations in a multiple newsrack unit on the blockface in the
order in which their publication names were drawn, with
Number 1 having first choice. The director shall draw the
remaining publication names from the pool and assign
them a number, beginning with the number following the
one assigned to the last publication allocated a newsrack
�
space in a multiple newsrack unit on the blockface. These
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remaining publications will be allocated a newsrack space
in a multiple newsrack unit on the blockface (in the order
drawn) only if any of the other publications originally
allocated a newsrack space do not want the space or do
not quality for the space.
d Random five-year lottery. Five years after the initial
allocation of newsrack spaces in a multiple newsrack unit
on a blockface and every five years thereafter, the director
shall reallocate the newsrack spaces in accordance with
the lottery procedures established in Paragraph (2) of this
subsection. The publisher of any publication that is not
allocated a newsrack space in a multiple newsrack unit on
a blockface shall remove any publications from any
newsrack space on that blockface within 10 days after the
date the lottery is conducted.
(i) A publisher allocated a newsrack space in a multiple newsrack unit in a
zone shall install and maintain any coin-operated lock it requires to be on
its assigned newsrack. The locking device must be approved by the
director and must not interFere with the use of the other newsracks in the
multiple newsrack unit.
SECTION 20-82 VIOLATIONS; PENALTY. ,,�
(a) A person who installs, operates, or maintains a newsrack on a public right-
of-way within the city in violation of this division or without a license issued
under this division is guilty of an offense and, upon conviction, is subject to
a fine not to exceed $500.00 for each day that the violation exists.
(b) The penalties provided for in Subsection (1) are in addition to any other
enforcement remedies that the city may have under this division, other city
ordinances, and state law."
Section 2. That Appendix G, Historic Preservation, of the Grapevine Code of
Ordinances is hereby amended by the addition of a new Article I to include existing
sections 1-13, and the addition of a new Article II, Newsracks to read as follows:
ARTICLE II, NEWSRACKS
SECTION 14 PURPOSE AND INTENT.
This division only applies to newsracks located on the public right-of-way within
the city of Grapevine and provides administrative procedures for the grant of annual
licenses regarding newsracks to be located on the public right-of way. This division
regulates the placement of newsracks on the public right-of-way within the city. This �
division also ensures that newsracks do not create a hazard to persons or property, do
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not interfere with pedestrian or vehicular traffic, and are kept neat, clean, and in good
repair.
SECTION 15 DEFINITIONS.
In this division, unless the context requires a different definition:
(a) BLOCK means an area bounded by streets on all sides. If a street
deadends, the terminus of the dead-end street will be treated as an
intersecting street.
(b) BLOCKFACE means the linear distance of lots along one side of a street
between the two nearest intersecting streets. If a street deadends, the
terminus of the dead-end street will be treated as an intersecting street.
(c) CROSSWALK has the meaning given that term in Section 541.302 of the
Texas Transportation Code, as amended.
(d) DIRECTOR means the director of Development Services, or a designee.
(e) FREESTANDING NEWSRACK means a newsrack that is not a multiple
newsrack unit or a part of a multiple newsrack unit.
(f) LICENSE means permission granted under this division to a person to
install, operate, or maintain a newsrack within the public right-of-way of
the city for a specific period of time.
(g) LICENSEE means the publisher, and any other person operating and
maintaining a newsrack on behalf of a publisher, who is issued a license
under this division to install, or maintain a newsrack within the public right-
of-way of the city.
(h) MULTIPLE NEWSRACK UN/T means a single structure containing more
than one newsrack that is installed by the city in a multiple newsrack unit
zone.
(i) NEWSRACK means any self-service or coin-operated container, rack, or
structure used or maintained for the display, distribution, or sale of
newspapers, periodicals, or other publication.
(j) PERSON MEANS an individual, assumed name entity, partnership, joint
venture, association, corporation, or other legal entity.
(k) PUBLISHER means any person who owns and/or distributes newspapers,
periodicals, or other publications.
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(I) SPLIT-DOOR NEWSRACK means a freestanding newsrack or a �,
newsrack space in a multiple newsrack unit that has been split into two
separate distribution areas.
SECTION 16 LICENSE REQUIRED.
A person commits an offense if:
(a) he installs, operates, or maintains a newsrack on any portion of a public
right-of-way within the city that is open to vehicular traffic;
(b) without a license issued under this division, he installs, operates, or
maintains a newsrack on a public right-of-way in the city that is not open to
vehicular traffic;
SECTION 17 LICENSE APPLICATION; ISSUANCE OF LICENSE.
(a) A person who desires to install, operate, or maintain a newsrack on a
public right-of-way which is not open to vehicular traffic, or who desires to
place publications within a multiple newsrack unit shall submit an
application for a newsrack license to the director on a form provided for
that purpose. The applicant must be the person who will install, operate, or
maintain the newsrack. The application must be verified and contain all of
the following: �
(1) Name, address, telephone number, and signature of the applicant.
If the applicant is a person other than the publisher, then the
publisher must also sign the application, agreeing to be bound by
the terms contained in the license.
(2) Name, address and telephone number of the person the city may
contact concerning installation, placement, operation, and
maintenance of the applicant's newsracks or space within a
multiple newsrack unit.
(3) Form of business of the applicant and, if the business is a
corporation or association, a copy of the documents establishing
the business.
(4) Number of newsracks or spaces within multiple newsrack units the
applicant wishes to install or operate in the city and a list indicating
the proposed location (by blockface) of each newsrack, the name of
the publication each newsrack will dispense, and whether the
publication will be dispensed free or for a charge.
(5) Dimensional measurements of each style of any freestanding
newsracks to be installed, with drawing or photographs.
(b) Following a review of the application, execution of the written agreement
required under Section 18 payment of a nonrefundable $100 application
processing fee, and payment of the annual fee for a newsrack ticense, the
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. , ,� �� _.,�._��..�,�. �,���.� ��-.�„.���� �
-- - director shall, within 60 days following the date of receipt of an application
,,,�� for an initial license and within 30 days following the date of receipt of an
application for a license renewal, issue a newsrack license to the applicant
unless denial is required by Section 19, or unless there are no available
newsrack spaces. In the event that no newsrack spaces are available, the
application shall be kept on file until the date of its expiration, and shall be
eligible to be entered into a lottery in accordance with Section 22 (b).
(c) Before any newsrack not authorized under a newsrack license may be
installed, operated, or maintained on the public right-of-way, the licensee
must make a written request to the director for the additional newsrack,
pay the required annual fee, and display a valid decal on the newsrack as
required by this division.
(d) The director may (in accordance with procedures established by this
division for the allocation of newsrack locations) approve changes to the
location of a validly licensed newsrack, upon written request by a licensee,
for no additional fee. An amendment that substantially changes the scope
of a license (such as displaying, distributing, or selling in a newsrack a
publication not specified in the license application for the newsrack) must
be applied for in the same manner as the original license.
(e) A licensee shall notify the director within 10 days of any changes in the
address or telephone number of the publisher or of the person responsible
for the installation, operation, or maintenance of the newsracks permitted
under the license.
(f) A license issued to one person may not be transferred to another person.
A newsrack location assigned to one person or publication may not be
transferred to another person or publication without following the
procedures established by this division for the allocation of newsrack
locations. A license may be transferred to a replacement newsrack at the
same location provided that the replacement newsrack is operated by the
original licensee.
(g) The $100.00 application fee need only be paid upon initial application,
provided annual license is renewed in accordance with Section 21.
SECTION 18 CONDITIONS OF A LICENSE AND ANNUAL FEES.
(a) It is a condition of a license that the installation, operation, and
maintenance of each newsrack be in accordance with this division.
(b) Prior to the issuance of a license, the licensee shall execute a written
agreement providing all of the following:
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(1) The licensee will defend, indemnify, and hold whole and harmless ��w-
the City of Grapevine and its officers, agents, representatives, or
employees against any and all claims, lawsuits, judgments, costs,
or expenses (including attorney's fees) for bodily injury, property
damage, or other harm arising out of, or in any way related to, the
licensee's occupancy, maintenance, or use of the licensed area or
the licensee's placement, installation, operation, or maintenance of
any newsrack.
(2) If the City of Grapevine is ever made a defendant in any cause of
action, directly or indirectly, based upon the licensee's occupancy,
maintenance, or use of the licensed area, or the licensee's
placement, installation, operation, or maintenance of any newsrack,
the city shall have the right, at its option, to implead the licensee
and its successors and assigns.
(3) The licensee will procure, prior to the issuance of a license, and
keep in full force and effect at all times during the license term,
commercial general liability insurance coverage (including, but not
limited to, premises/operations, independent contractors, and
contractual liability) protecting the City of Grapevine against any
and all claims for damages to persons or property as a result of, or
arising out of, the licensee's occupancy, maintenance, or use of the
licensed area or the licensee's placement, installation, operation, or
maintenance of any newsrack, with the minimum combined bodily �
injury (including death) and property damage limits of not less than
$500,000 annual aggregate. The insurance policy must be written
by an insurance company approved by the State of Texas and
acceptable to the city and issued in a standard form approved by
the Texas Department of Insurance. All provisions of the policy
must be acceptable to the city and must name the city and its
officers and employees as additional insured's and provide for 30
days written notice to the director of cancellation, non-renewal, or
material change to the insurance policy.
(4) The license is subject to the rights of the city, public utilities, and
franchisees in and to the public right-of-way and the rights of the
city to make changes to the grade of any street, sidewalk, or
parkway, and the licensee will never make a claim against the city
for damages it might suffer by reason of the installation,
construction, reconstruction, operation, or maintenance of any
public improvement, utility, or communication facility on the license
area.
(c) The annual license fee for a newsrack license is:
(1) $75.00 for each freestanding newsrack located within a public right-
of-way of the city; and
�
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(2) $150.00 for each newsrack space operated in a multiple newsrack
unit, which amount includes rental of the newsrack space from the
city.
(d) A licensee shall pay the annual license fee for a newsrack license to the
director. The payment must be made on or before the issuance of a
license. All sums due under this section must be deposited by the city
controller and are subject to a $20.00 fee for each dishonored check.
Except as specifically provided otherwise in this division, no license fees
will be prorated upon termination of any license.
SECTION 19 DENIAL OR REVOCATION OF A LICENSE.
(a) The director shall deny a newsrack license if the director determines that
the applicant has:
(1) made a false statement of a material fact on an application for a
newsrack license;
(2) failed to provide the information requested on an application for a
newsrack license;
(3) failed to execute a written agreement in accordance with Section
18;
(4) failed to pay the nonrefundable application fee or annual license fee
at the time due; or
(5) failed to comply with the requirements of this division or other
applicable law.
, (b) The director shall revoke a newsrack license if the director determines that
the licensee has:
(1) made a false statement of a material fact on an application for a
newsrack license;
(2) failed to comply with the requirements of the newsrack license, the
written agreement executed under Section 18, this division, or any
other applicable law;
(3) failed to maintain in full force and effect the insurance as required
by this division; or
(4) failed to pay any fees required by this division at the time due.
SECTION 20 APPEAL FROM LICENSE DENIAL OR REVOCATION.
(a) If the director denies the issuance or renewal of a license or revokes a
license, the director shall send to the applicant or licensee written notice of
the reason for denial, non-renewal, or revocation and of the right to an
appeal, by certified mail, return receipt requested. If the certified mail is
refused by the recipient, the notice may be sent by regular mail
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(b) Upon receipt of written notice of the denial, nonrenewal, or revocation, the .��
applicant or licensee whose application for a license or license renewal
has been denied or whose license has been revoked has the right to an
appeal to the city manager.
(c) An appeal to the denial, revocation, or non-renewal of a license shall be
made in writing to the city manager. The filing of an appeal under this
subsection stays the action of the director in revoking a license until a final
decision is made by the city manager. A revocation upheld by the city
manager is effective on the first midnight that is at least 24 hours after the
city manager issues its decision.
(d) An appeal to the state district court must be filed within 30 days after
receipt of notice of the city managers decision. The applicant or licensee
shall bear the burden of proof in court.
SECTION 21 EXPIRATION AND RENEWAL OF A LICENSE.
(a) A newsrack license expires and becomes invalid on December 31 of each
year, unless sooner terminated by the director in accordance with this
division or by city council ordinance in accordance with the city charter. A
license shall apply for renewal of a newsrack license at least 30 days, but
not more than 90 days, before expiration of the license. An application for
renewal must be made in accordance with the procedures established in
Section 17.
(b) An existing licensee will be able to renew a license for the same newsrack
locations until those newsrack locations are reallocated under a five-year
lottery conducted under Section 22(b)(4), except that failure to timely
renew a license in accordance with Subsection (a), or denial or revocation
of a license, will result in the location for that newsrack being made
available to other publishers.
SECTION 22 ALLOCATION OF FREESTANDING NEWSRACK LOCATIONS.
(a) Initial allocation. Before June 1, 2009, the director shall allocate locations
for freestanding newsracks in accordance with the following procedures:
(1) The director shall determine how many freestanding newsracks
may be placed on a blockface in locations complying with this
division.
(2) The directors shall determine how many freestanding newsracks
are being lawfully operated on a particular blockface. A
freestanding newsrack will be considered as being lawfully
operated if it is determined as being legally located on the
blockface as of January 1, 2008. ,�,�
26
O:Ordinances\2007CodeofOrdinanceDRAFT1-2008
___.. .�.,�x ��, . �.� _ ��� �.._. .�, .�,.�.�.:. � � �r ..:�,,.�m �.��.�.,
(3) If the number of lawfully-operated freestanding newsracks on the
s blockface exceeds the number of newsrack spaces allowed on the
blockface under this division, the director shall conduct a lottery to
determine the allocation of the newsrack spaces as follows:
The director shall place in a pool the names of all publications
dispensed in the freestanding newsracks that are being lawfully
operated on the blockface. If the same publication is being
dispensed by more than one newsrack on the blockface, its name
will be placed in the pool twice. The directors shall draw from the
pool a number of publication names equal to the number of
newsrack spaces allowed under this division on that blockface. The
director shall assign numbers to the names, beginning with the
Number 1 for the first-drawn name and continuing in a sequential
manner. The publications whose names are drawn will be allocated
a newsrack space on the blockface as long as compliance with this
division is maintained. The publishers of the publications allocated
a newsrack space through the lottery process will select locations
on the blockface in the order in which their publication names were
drawn, with Number 1 having first choice. The director shall draw
the remaining publication names from the pool and assign them a
number, beginning with the number following the one assigned to
the last publication allocated a newsrack space on the blockface.
These remaining publications will be allocated a newsrack space
on the blockface (in the order drawn) only if any of the other
publications originally allocated a newsrack space on the blockface
do not want the space or do not qualify for the space. The publisher
of any publications that is not allocated a newsrack space on the
blockface shall remove the newsrack containing that publication
within 10 days after the date the lottery is conducted.
(5) If the number of lawfully-operated freestanding newsracks on the
blockface equals the number of newsrack spaces allowed on the
blockface under this division, the publications dispensed in those
lawfully-operated newsracks will each be allocated a newsrack
space on the blockface as long as compliance with this division is
maintained. The publishers of the publications allocated newsrack
spaces under this paragraph shall select locations on the blockface
in the order in which their completed license applications are
received by the director in compliance with this division, with the
first received having first choice.
(6) If the number of lawfully-operated freestanding newsracks on the
blockface is less than the number of newsrack spaces allowed on
the blockface under this division, the publications dispensed in
those lawfully-operated newsracks will each be allocated a
newsrack space on the blockface as long as compliance with this
��.::
division is maintained. The publishers of the existing publications
27
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ailocated newsrack spaces under this paragraph shall select
locations on the blockface in the order in which their completed
license applications are received by the director in compliance with
this division, with the first received having first choice. The
remaining newsrack spaces will be allocated through the lottery
process described in Subsection (b) of this section.
(b) Future allocation. After the initial allocation of newsrack locations under
Subsection (a), whenever one or more freestanding newsrack spaces
become available on a blockface, the director shall allocate the newsrack
in accordance with the following procedures:
(1) The director shall, by personal service or by regular United States
mail, notify all publishers who have current, valid license
applications on file with the city that a lottery will be held to allocate
the available freestanding newsrack spaces. The notice must:
a identify the number and location (by blockface) of the
available newsrack spaces;
b state the date, time, and location of the lottery;
c state the date and time by which the director must receive all
request to have publications entered in the lottery and the
address at which the request must be received; and
d state any other information the director determines
necessary to conduct the lottery.
(2) Any licensed applicant who has been notified and wishes to
participate in the lottery shall submit a request in writing to the
director. Such request shall be received by 12:00 noon on the day
prior to the lottery.
(3) The director shall place in a pool the names of all publications for
which requests to participate in the lottery were timely received.
The director shall draw from the pool a number of publication
names equal to the number of newsrack spaces available on that
blockface. The director shall assign numbers to the names,
beginning with the Number 1 for the first-drawn name and
continuing in a sequential manner. The publications whose names
are drawn will be allocated a newsrack space on the blockface as
long as compliance with this division is maintained. The publishers
of the publications allocated a newsrack space through the lottery
process will select locations on the blockface in the order in which
their publication names were drawn, with Nurnber 1 having first
choice.
The director shall draw the remaining publication names from the
�:
pool and assign them a number, beginning with the number
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following the one assigned to the last publication allocated a
newsrack space on the blockface (in the order drawn) only if any of
the other publications allocated a newsrack space on the blockface
do not want the space or do not qualify for the space.
(4) Random five-year lottery. Five years after the initial allocation of
newsrack spaces on a blockface and every five years thereafter,
the director shall reallocate the newsrack spaces in accordance
with the lottery procedures established in Subsection (b) of this
section. The publisher of any publication that is not allocated a
newsrack space on the blockface shall remove the newsrack
containing that publication within 10 days after the date the lottery
is conducted.
SECTION 23 STANDARDS FOR INSTALLATION, OPERATION, AND
MAINTENANCE OF NEWSRACKS.
(a) Any newsrack that, in whole or part, rests on any public right-of-way within
the city not open to vehicular traffic must:
(1) comply with all applicable city ordinances and state and federal
laws; and
(2) not remain continuously empty of publications authorized under the
newsrack license form more than 30 consecutive days.
(b) In addition to meeting the requirements of Subsection (a), any
freestanding newsrack that, in whole or part, rests on any public right-of-
way within the city not open to vehicular traffic must meet all of the
following standards
(1) Be one of the following designated newsrack models or an
equivalent approved by the director:
a Rak Systems, Inc. Model R-80 or Kaspar/Sho-Rack Model
TK80, if the newsrack is coin-operated; or
b Rak Systems, Inc. Model C91, or Kaspar Inc./Sho-Rack
Model 83, if the newsrack only dispenses free publications.
In the event that these models are unavailable/discontinued, the
director may authorize alternate manufacturers/mode�s.
(2) Not display advertising, except that a logo or other information
identifying the publication and coin operation information may
appear on a freestanding newsrack. This information must be
contained in an area not to exceed six inches high and 20 inches
����-
wide on the front, back, and/or sides of the newsrack.
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(3) Be constructed of inetai, not plastic, and be glossy dark forest
green, as approved by the Historic Preservation Manager of the
City of Grapevine.
(4) Have a notice, not to exceed three inches high and five inches
wide, in a readily visible place on the newsrack with the name of
the distributor and a working telephone number of whom to call to
report a malfunction or to obtain a refund if any coin return
mechanism malfunctions. This separate notice is not required if the
information required by this paragraph is included with the logo and
information allowed under Paragraph (2) of this section.
(5) Be maintained in a neat and clean condition and in good repair
such that:
a the newsrack is reasonably free of dirt and grease;
b the newsrack is reasonably free of chipped, faded, peeling,
and cracked paint in the visible painted areas;
d the newsrack is reasonabfy free of rust and corrosion;
d any clear plastic or glass parts through which the
publications are viewed are unbroken and reasonably free of
cracks, dents, blemishes, and discoloration;
e any paper or cardboard parts or inserts are reasonably free
of tears, peeling, or fading; and
f no structural parts are broken or excessively misshapen. ,,�
(6) Be of sufficient weight, or be anchored in a manner approved by
the director to a heavy metal plate of sufficient weight, to prevent
tipping over of the newsrack. A freestanding newsrack may not be
anchored to the ground, sidewalk, trees, posts, poles, or
streetscape furniture.
SECTION 24 LOCATIONAL REQUIREMENTS FOR NEWSRACKS.
(a) No freestanding newsrack or multiple newsrack unit may be located in a
manner that:
(1) impairs or interferes with:
a pedestrian traffic, including wheelchairs;
b the ability to fully open a door to any building;
c the loading or unloading of passengers from a bus or light
rail vehicle; or
d emergency access to a building or property by the police
department, the fire department, or emergency medical
services;
.,,�,.
30
O:Ordinances�2007CodeofOrdinanceDRAFTI-2008
r. � ��� ��,�
- (2) reduces the clear, unimpeded sidewalk width to less than four-feet
�ry� 4' at any point.
(3) obstructs the visibility of a fire hydrant, fire department inlet
connection, fire protection system control valve, fire call box, police
call box, traffic control signal box, or other emergency facility so
that the emergency facility cannot be clearly seen from a public
street or roadway open to motor vehicular traffic; or
(4) is determined by the director to endanger the safety of persons or
property.
(b) On each blockface, freestanding newsracks must be placed together in
groups, with not more than eight newsracks in each group. A distance of
at least 75 feet must separate each group of freestanding newsracks
located on the same blockface.
(c) No more than four newsracks (whether freestanding newsracks or
newsrack spaces in multiple newsrack units) on any block may dispense
the same publication, and no more than one newsrack (whether
freestanding newsracks or newsrack spaces in multiple newsrack units)
on any blockface may dispense the same publication. The same
publication may not be dispensed in more than one newsrack space in a
multiple newsrack unit or in an attached grouping of multiple newsrack
� units.
(d) A freestanding newsrack or a multiple newsrack unit rnay not be located
within:
(1) any median or traffic island;
(2) a visibility triangle as determined by the city traffic engineer;
(3) the area contained within the projection of the width of a crosswalk
to the back of an adjacent sidewalk;
(4) the area contained within the projection of the width of a building's
doorway to the curb face or pavement edge of any public street or
roadway open to motor vehicular traffic;
(5) two feet of a curb face or pavement edge of any public street or
roadway open to motor vehicular traffic if the newsrack opens away
from the curb face or pavement edge,
(6) three feet ofi
a any mailbox, water feature, art, monument, planter, kiosk,
trash receptacle, drinking fountain, streetscape bench, or
parking meter;
,:�:
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b a fire hydrant, fire department inlet connection, fire protection
system control valve, fire call box, police call box, traffic
control signal box, or other emergency facility; or
c a bench, shelter, informational sign, or ticketing equipment of
a light rail system;
(7) five feet of a curb face or pavement edge of any public street or
roadway open to motor vehicular traffic if the newsrack opens
towards the curb face or pavement edge;
(8) six feet of a bicycle rack;
(9) seven feet of bus stop sign, bus stop bench, or bus stop shelter; or
(10) 15 feet of the centerline of rail of any light rail system track.
(11) A freestanding newsrack may not be located within a multiple
newsrack unit zone or within 50 feet of a multiple newsrack unit
zone.
SECTION 25 DISPLAY AND DISTRIBUTION OF HARMFUL MATERIALS
THROUGH NEWSRACKS.
A licensee shall not knowingly display, distribute, or sell any harmful matter, as
defined in Section 43.24(a)(2) of the Texas Penal Code, as amended, through any
newsrack licensed under this division.
SECTION 26 RESTORATION OF THE RIGHT-OF-WAY.
Upon termination of a license, the licensee (or the director's designee, who shall
assess any costs to the licensee) shall remove a freestanding newsrack and restore the
right-of-way to its original condition in a manner satisfactory to the director. A licensee
shall remain liable for all license fees from the time a license is issued until such time as
all freestanding newsracks are removed, the license area is restored to its original
condition, and the license is properly terminated.
SECTION 27 REMOVAL OF NEWSRACKS AND PUBLICATIONS.
(a) If the director determines that a freestanding newsrack is not in
compliance with the requirements of this division or that a newsrack space
in a multiple newsrack unit is not being operated in compliance with the
requirements of this division, the director shall send a "Notice of Intent to
Remove" by personal service or by certified mail, return receipt requested,
to the licensee. The notice must state the violation or violations that
constitute the basis for the proposed removal of the licensee's
freestanding newsrack or the proposed removal of publications from the
licensee's newsrack space in a multiple newsrack unit, whichever is
applicable, and suggest corrective action if applicable. The notice must
specify the date, time, and place for a hearing to be held before removaL �,�
32
O:Ordinances\2007CodeofOrdinanceDRAFT1-2008
,�.tiA�,� ���,�,.�.,.�. �
(b) A hearing must be held not less than 10 days following service of notice.
Prior to the hearing, the licensee may correct the violation or may file a
written statement setting forth the reason or reasons why the newsrack or
publications, whichever applies, should not be removed. At the hearing,
the director or the director's designee shall hear evidence and determine
whether the licensee's freestanding newsrack complies with this division
or whether the licensee's newsrack space in a multiple newsrack unit is
being operated in compliance with this division, whichever applies. If it is
determined that a freestanding newsrack is not in compliance with this
division, the newsrack must be removed by the licensee or otherwise
brought into compliance. If it is determined that a newsrack space in a
multiple newsrack unit is not being operated in compliance with this
division, the licensee shall remove all publications from the newsrack
space or otherwise bring the operation of the newsrack space into
compliance. The decision of the director may be appealed to the city
manager in accordance with Subsection (e) of this section. If, within 10
days after the date of the hearing or, if an appeal is filed, within 10 days
after the date of the city manager renders a decision, the licensee has not
removed the freestanding newsrack or the publications, whichever
applies, or otherwise come into compliance with this division, the city may
remove the newsrack or the publications and recover the costs of removal
and storage from the licensee.
(c) The director may summarily remove or order any freestanding newsrack
removed if it creates an imminent danger of personal injury or property
damage. Promptly following the summary removal, the director shall notify
the licensee by personal service or by certified mail, return receipt
requested, of the removal, the reason for the removal, and the right to
appeal the action to the city manager in accordance with Subsection (e).
The licensee may recover any newsracks summarily removed upon
reimbursement to the city for the costs of removal and storage. Any coins
or publications contained in the newsrack will be returned to the licensee
when the newsrack is returned. The licensee may return the freestanding
newsrack to its original location upon correction of the violation (unless the
location constituted a violation).
(d) Any newsrack or publication not claimed with 10 days after removal by the
city may be disposed of by the city as unclaimed property.
(e) If the director orders removal of a freestanding newsrack or a publication
under Subsection (b) or summarily removes a freestanding newsrack
under Subsection (c), this action is final unless, within 10 days after the
receipt of notice of the director's action, the affected licensee, publisher, or
owner of the newsrack or publication, whichever applies, files with the city
manager a written appeal. Within 15 days after the appeal is filed, the city
manager or the city manager's designee shall consider all the evidence in
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O:Ordinances\2007CodeofOrdinanceDRAFT1-2008
support of and against the action appealed and render a decision �-
sustaining, modifying, or reversing all or part of the director's action. The
formal rules of evidence do not apply to an appeal hearing under this
subsection, and the city manager or the city rnanager's designee shall
make a ruling on the basis of a preponderance of the evidence presented
at the hearing. The decision of the city manager is final as to
administrative remedies.
SECTION 28 MULTIPLE NEWSRACK UNIT ZONES.
(a) The city council may, by ordinance, establish zones within the city where
the exclusive use of multiple newsrack units is required. A request for a
multiple newsrack unit zone may be initiated by a city council member.
(b) Criteria that may be considered in establishing a multiple newsrack unit
zone include, but are not limited to:
(1) whether the proposed zone has historical significance.
(2) whether there is extensive availability and use of public
transportation services and facilities in the proposed zone;
(3) whether there is a large amount of pedestrian traffic in the ,,,�
proposed zone;
(4) whether there is a proliferation of freestanding newsracks in the
proposed zone;
(5) whether limited space is available for freestanding newsracks in the
proposed zone; and
(6) whether the proposed zone is located in a district area with an
established urban or neighborhood character.
(c) The following areas are hereby established by the city council as multiple
newsrack unit zones:
(1) Any property designated with a Historic Zoning Overlay District, the
Grapevine Township District, individual landmark, or property
designated on the National Register of Historic Places, including
the adjacent right-of-way, shall hereby be designated as multiple
newsrack zones.
(d) Before an ordinance is adopted establishing any additional multiple
newsrack unit zone, the director shall prepare a plan that includes: ,,„�
34
O:Ordinances�2007CodeofOrdinanceDRAFTI-2008
, n �� . ffi :�_ . ,����,
(1) the number and proposed locations of the multiple newsrack units
-�,�
to be installed in the proposed zone;
(2) the design criteria for the multiple newsrack units to be installed in
the proposed zone; and
(3) the number and location of existing freestanding newsracks in the
proposed zone.
(e) After the plan is prepared, the director shall place on a city council agenda
an item for council consideration of the proposed multiple newsrack unit
zone. At least 10 days before the date of the council meeting at which the
city council will consider the item, notice of the meeting must be sent by
regular United States mail to:
(1) all publishers having current license applications or current licenses
with the city to operate newsracks in the public right-of-way; and
(2) all owners of property located within 200 feet of the proposed
multiple newsrack unit zone.
(f) The notice required in Subsection (e) must include the date, time, and
location of the council meeting and a brief summary of the proposed plan
for the multiple newsrack unit zone.
(g) After a multiple newsrack unit zone is established, the city may install and
� maintain multiple newsrack units in the zone, in locations determined by
the director in conjunction with other city departments. A publisher shall
only use a multiple newsrack unit provided by the city to dispense
publications in a multiple newsrack unit zone, except that any freestanding
newsrack lawfully operating on a blockface at the time the blockface is
included in a multiple newsrack unit zone may continue to operate on the
blockface until multiple newsrack units are actually installed on the
blockface.
(h) The director shall allocate newsrack spaces in multiple newsrack units in
accordance with the following procedures:
(1) Initial allocation.
a The director shall determine how many newsrack spaces are
available in multiple newsrack units placed on a blockface in
compliance with this section.
b The director shall determine how many freestanding
newsracks are being lawfully operated on the blockface. A
freestanding newsrack will be considered as being lawfully
operated on the blockface if it is documented as being
legally located as of January 1, 2008.
35
O:Ordinances\2007CodeofOrdinanceDRAFT1-2008
c If the number of lawfully-operated freestanding newsracks ���
on the blockface exceeds the number of newsrack spaces
available in multiple newsrack units on the blockface, the
director shall conduct a lottery to determine the allocation of
the newsrack spaces as follows:
The director shall place in a pool the names of all
publications dispensed in the freestanding newsracks that
are being lawfully operated on the blockface. The director
shall draw from the pool a number of publications names
equal to the number of newsrack spaces available in multiple
newsrack units on that blockface. The director shall assign
numbers to the names, beginning with the Number 1 for the
first-drawn name and continuing in a sequential manner. The
publications whose names are drawn will be allocated a
newsrack space in a multiple newsrack unit on the blockface
as long as compliance with this division is maintained. The
publishers of the publications allocated a newsrack space
through the lottery process will select locations in the
multiple newsrack units on the blockface in the order in
which their publication names were drawn, with Number 1
having first choice. The director shall draw the remaining
publication names from the pool and assign them a number, __..
beginning with the number following the one assigned to the
last publication allocated a newsrack space in a multiple
newsrack unit on the blockface. These remaining
publications will be allocated a newsrack space in a multiple
newsrack unit on the blockface (in the order drawn) only if
any of the other publications allocated a newsrack space do
not want the space or do not qualify for the space. The
publisher of any publication that is not allocated a newsrack
space in a multiple newsrack unit on the blockface shall
remove the newsrack containing that publication within 10
days after the date the lottery is conducted.
d if the number of lawfully-operated freestanding newsracks
on the blockface equals the number of newsrack spaces
available in multiple newsrack units on the blockface, the
publications dispensed in those lawfully-operated newsracks
will each be allocated a newsrack space in a multiple
newsrack unit on the blockface as long as compliance with
this division is maintained. The publishers of the publications
allocated newsrack spaces under this paragraph shall select
locations in the multiple newsrack units on the blockface in
the order in which their completed license applications are
received by the director in compliance with this division, with �,�.,
the first received having first choice.
36
O:Ordinances�2007CodeofOrdinanceDRAFTI-2008
. �, �.��.,�
e If the number of lawfully-operated freestanding newsracks
on the blockface is less than the number of newsrack spaces
available in multiple newsrack units on the blockface, the
publications dispensed in those lawfully-operated newsracks
will each be allocated a newsrack space in a multiple
newsrack unit on the blockface as long as compliance with
this division is maintained. The publishers of the existing
publications allocated newsrack spaces under this
paragraph shall select locations in a multiple newsrack unit
on the blockface in the order in which their completed
license applications are received by the director in
compliance with this division, with the first received having
first choice. The remaining newsrack spaces will be
allocated through the lottery process described in Section
28(h)(2) (Future allocation).
(2) Future allocation.
a Whenever one or more newsrack spaces become available
in a multiple newsrack unit on a blockface, the director
shall, by personal service or by regular United States mail,
notify all publishers who have current, valid license
applications on file with the city that a lottery will be held to
allocate the available newsrack spaces. The notice must:
1 identify the number and location (by blockface) of the
available newsrack spaces;
2 state the date, time, and location of the lottery;
3 state the date and time by which the director must
receive all request to have publications entered in the
lottery and the address at which the request must be
received; and
4 state any other information the director determines
necessary to conduct the lottery.
b Any license applicant who has been notified and wished to
participate in the lottery shall submit a request in writing to
the director. Such request shall be received by 12:00 noon
on the day prior to the lottery.
c The director shall place in a pool the names of all
publications for which request to participate in the lottery
were timely received. The director shall draw from the pool a
number of publication names equal to the number of
newsrack spaces available in multiple newsrack units on that
blockface. The director shall assign numbers to the names,
_�.
beginning with the Number 1 for the first-drawn name and
37
O:Ordinances�2007CodeofOrdinanceDRAFT1-2008
continuing in a sequential manner. The publications whose :�.
names are drawn will be allocated a newsrack space in a
multiple newsrack unit on the blockface as long as
compliance with this division is maintained. The publishers
of the publications allocated a newsrack space through the
lottery process will select locations in a multiple newsrack
unit on the blockface in the order in which their publication
names were drawn, with Number 1 having first choice. The
director shall draw the remaining publication names from the
pool and assign them a number, beginning with the number
following the one assigned to the last publication allocated a
newsrack space in a multiple newsrack unit on the
blockface. These remaining publications will be allocated a
newsrack space in a multiple newsrack unit on the blockface
(in the order drawn) only if any of the other publications
originally allocated a newsrack space do not want the space
or do not quality for the space.
d Random five-year lottery. Five years after the initial
allocation of newsrack spaces in a multiple newsrack unit on
a blockface and every five years thereafter, the director shall
reallocate the newsrack spaces in accordance with the
lottery procedures established in Paragraph (2) of this
subsection. The publisher of any publication that is not
allocated a newsrack space in a multiple newsrack unit on a
blockface shall remove any publications from any newsrack
space on that blockface within 10 days after the date the
lottery is conducted.
(i) A publisher allocated a newsrack space in a multiple newsrack unit in a
zone shall install and maintain any coin-operated lock it requires to be on
its assigned newsrack. The locking device must be approved by the
director and must not interfere with the use of the other newsracks in the
multiple newsrack unit.
SECTION 29 VIOLATIONS; PENALTY.
(a) A person who installs, operates, or maintains a newsrack on a public right-
of-way within the city in violation of this division or without a license issued
under this division is guilty of an offense and, upon conviction, is subject to
a fine not to exceed $500.00 for each day that the violation exists.
(b) The penalties provided for in Subsection (1) are in addition to any other
enforcement remedies that the city may have under this division, other city
ordinances, and state law."
.��
38
O:Ordinances\2007CodeofOrdinanceDRAFT1-2008
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
, GRAPEVINE, TEXAS, on this the day of , 2008.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
39
O:Ordinances\2007CodeofOrdinanceDRAFT1-2008
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