§ 12.50.020. Findings.

The City Council finds that there is a substantial governmental interest in ensuring that persons may reasonably use the public streets, sidewalks, rights- of-way, and other public property without interference with such use.

The City Council further finds that the proliferation of news and advertising publications intended for public distribution, and the corresponding increase in the number of individual newsrack dispensers placed upon the public rights-of-way in certain locations throughout the city has resulted in the following:

A.

Obstruction of traffic views;

B.

Damage to light standards, poles, trees and sidewalks from improper placement;

C.

Detracting from the appearance of the public streets and grounds;

D.

Blocking access to public facilities;

E.

Blocking access to properties adjoining public rights-of-way.

However, the City Council acknowledges that the streets, sidewalks and public rights-of-way are historically associated with the sale and distribution of newspapers and other publications, and that access to and use of these areas for such purposes is not to be denied except where such use unreasonably interferes with the use of these areas by pedestrians or traffic, or where such use presents a hazard to persons or property.

Given the limited space available and the increasing congestion throughout the community, the city has a substantial interest in devising a systematic approach to newsrack placement to ensure a fair and equitable distribution of news publications, and that persons may reasonably use the public streets, sidewalks, rights-of-way and other public property without interference of use. This objective may be achieved by allowing modular newsracks and prohibiting all freestanding newsracks in highly congested areas or areas with particular public safety or aesthetic concerns, where the sole use of modular newsracks will promote the City's aesthetic interest in the appearance of the area, result in more news publications in less space and thereby reduce congestion.

(Ord. 12821 § 3 (part), 2007: Ord. 12004 § 2(part), 1997)