Ord 2425 - Newsracks
COUNCIL BILL NO. 2685
ORDINANCE NO. 2425
AN ORDINANCE REGULATING THE PLACEMENT AND PERMITTING OF NEWSRACKS
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Woodburn is a home rule city with legal power over
the use of its rights-of-way; and
WHEREAS, the public is aware of the City's exercise of this right-of-way
authority by virtue of Ordinance 2225; and
WHEREAS, the general and special findings justifying this Ordinance and
the purpose of this Ordinance are set out below; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. General Findinas. The City Council of the City of Woodburn
finds and declares that:
A. It is in the public interest to establish regulations that balance the
right to distribute information through newsracks with the right of persons to
reasonably access and use public property. The City Council wishes to provide
for the placement of newsracks, stands, containers and similar newspaper and
publication vending machines to provide a forum for communication while
preserving the convenience of those using the public rights of way. Newsracks
placed and maintained on public property, absent some reasonable
regulation, may unreasonably interfere with the use of such property, and may
present hazards to persons or property.
B. The public health, safety, welfare, and convenience require that:
interference with vehicular, bicycle, wheelchair or pedestrian traffic be
avoided; obstruction of sight distance and views of traffic signs and street-
crossing pedestrians be eliminated; damage done to sidewalks or streets be
minimized and repaired; the good appearance of public property be
maintained; trees and other landscaping be allowed to grow without
disturbance; access to emergency and other public facilities be maintained;
and ingress and egress from, and the enjoyment of store window displays on,
properties adjoining public property be protected.
C. The regulations on the time, place and manner of the placement,
location and maintenance of newsracks set forth in this Ordinance are carefully
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ORDINANCE NO. 2425
tailored to ensure that the purposes stated in this section are implemented while
still providing ample opportunities for the distribution of information to the public.
D. The City Council finds that newsracks have proliferated and
increased in the City to the extent that they must be addressed by this
Ordinance. Exhibit "A" describes examples of the proliferation of newsracks in
the city.
Section 2. Special Findinos for the Urban Renewal Core Area. The City
Council of the City of Woodburn finds and declares that:
A. The City has made a substantial monetary and policy commitment
to revitalize its Urban Renewal Core Area, that area described in Exhibit "B" of
this Ordinance.
B. The City Council passed Ordinance 2298 on August 13,2001, which
adopted the Woodburn Urban Renewal Plan. The Woodburn Urban Renewal
Plan is incorporated into these findings by this reference.
C. The purpose of the Woodburn Urban Renewal Plan is to rehabilitate
and redevelop blighted areas consistent with the Woodburn Comprehensive
Plan.
D. A key component of the Woodburn Urban Renewal Plan is to
enhance livability by making improvements in the Urban Renewal Core Area.
This area encompasses Woodburn's downtown. It is pedestrian and bicycle
friendly. Under the Woodburn Urban Renewal Plan, planned improvements in
this area include street, sidewalk, landscape and lighting improvements, street
furnishings and public art, building renovations and fa<;ade improvements,
creation of public spaces, business incubation and small businesses assistance.
E. On August 21, 2005, the Woodburn Downtown Plaza was dedicated
as part of the first phase of the improvements made through the Woodburn
Urban Renewal Plan. The Plaza is in the center of the Urban Renewal Core Area
and contains a water fountain, lawn, 8 benches, and the future location of a
gazebo. Pedestrians regularly walk through the Plaza and sit on the benches.
F. The Urban Renewal Core Area is also a historic area, containing the
oldest existing structures in Woodburn. Much of the construction is of un-
reinforced masonry dating from the late Nineteenth Century.
G. The City Council passed Ordinance 2313 on April 9, 2002, which
adopted the Woodburn Development Ordinance. The Woodburn Development
Ordinance is incorporated into these findings by this reference.
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ORDINANCE NO. 2425
H. The Woodburn Development Ordinance was also intended to
enhance livability in the Urban Renewal Core Area through special zoning
regulations in the form of a Downtown Development and Conservation District.
Under the Woodburn Development Ordinance, Architectural Design Guidelines
apply to exterior alterations to existing buildings and require that "materials,
colors, and textures used in the alteration or addition should be fully compatible
with the traditional architectural character of the historic building."
I. The Urban Renewal Core Area also has a higher crime rate than
other areas of Woodburn. Street crimes, gang activity, vandalism, and the
application of graffiti are ongoing problems that the City continues to address in
this area. Exhibit "c" describes the concentration of graffiti and other property
crimes in this area as compared to the rest of the city.
Section 3. Purpose.
A. The general purpose of this Ordinance is to promote the public
health, safety, and welfare through the regulation of placement, appearance,
number, size, and servicing of newsracks on public rights of way so as to:
1. Provide for pedestrian and driving safety and convenience;
2. Prevent unreasonable interference with the flow of
pedestrian or vehicular traffic including ingress into, or egress from, any
residence, place of business, or from the street to the sidewalk, by persons
exiting or entering parked or standing vehicles;
3. Provide reasonable access for the use and maintenance of
sidewalks, poles, posts, traffic signs or signals, hydrants and mailboxes, and
access to locations used for public transportation services;
4. Reduce visual blight on the public rights of way and protect
the aesthetics of store window displays, public landscaping and other
improvements;
5. Reduce exposure of the City to personal injury or property
damage claims and litigation; and
6. Protect the right to distribute information that is protected by
state and federal constitutions through the use of newsracks.
B. The purpose of the Additional Standards for newsracks in the Urban
Renewal Core Area is to:
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ORDINANCE NO. 2425
1 . Require newsracks to be constructed of steel, a material
more resistant to acts of vandalism (i.e., cutting and burning the newsrack) than
lighter and weaker construction materials.
2. Require newsracks to be constructed of steel so that they are
uniform in appearance and compatible with the architectural character of the
historic buildings in this area.
3. Require that newsracks weigh at least 80 pounds. This weight
requirement ensures that they are not easily vandalized, stolen or thrown into
the public right-of-way. Newsracks made of lighter materials are not
appropriate for installation in the Urban Renewal Core Area because the larger
number of pedestrians and higher rate of crime in this area make it more likely
that the newsracks could be thrown into the right-of-way and cause damage to
persons and property.
4. Require newsracks to have coin mechanisms housed in the
body of a newsrack or in armored heads welded or bolted to the body of a
newsrack so that the newsracks are not subject to vandalism or theft.
5. Require newsracks to be painted or covered with a
protective coating to make them graffiti resistant. This facilitates quick removal
of graffiti so that criminal conduct and gang activity is discouraged.
Section 4. Definitions. For the purpose of this Ordinance, these words and
phrases are defined as follows:
A. Business day means Monday through Friday, inclusive, of every
week excepting holidays for which the city is closed to official business.
B. City Administrator means the Woodburn City Administrator or
designee.
C. Newsrack means any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used, or maintained for the display and
sale or distribution without charge of newspapers, periodicals, magazines or
other publications.
D. Owner means the person or its duly authorized representative who
owns a newsrack placed in the City.
E. Parkway means the area between the public sidewalk and the
curb of any public street and where there is no public sidewalk, the area
between the property line/right of way line and the curb.
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F. Permit means a permit issued pursuant to this Ordinance which
allows for the placement of a newsrack within a specifically designated portion
of a sidewalk or parkway.
G. Person means any individual, firm, company, corporation or other
organization.
H. Roadway means that portion of a public street improved, designed
or ordinarily used for vehicular travel.
I. Sidewalk means any surface dedicated to the use of pedestrians by
license, easement, and operation of law or by grant to the city.
J. Street means all of that area dedicated to public use for public
street and sidewalk purposes and includes, but is not limited to, roadways,
parkways, alleys, service drives and sidewalks.
K. Urban Renewal Core Area is that area located close to downtown
Woodburn and described specifically in Exhibit "A" to this Ordinance.
L. Vision Clearance Area is that area defined by Section 3.103.10 of
the Woodburn Development Ordinance.
Section 5. Permit and Decal Reauired. It shall be unlawful for any person
to place, maintain, or cause to be placed, or maintained a newsrack on, or
projecting on, any public right-of-way without first receiving a permit from the
City for the newsrack and affixing a decal evidencing such permit on the
newsrack.
Section 6. Permit.
A. An application for a newsrack permit shall be made to the City
Administrator on a form which shall include:
1. The name, street and mailing address, email address, and
telephone number of the applicant, which shall be the duly authorized
representative of the newsrack owner.
2. The name, street and mailing address, email address, and
telephone number of both the publisher, if different from the applicant, and, the
independent distributor(s), if any, authorized to service the owner's newsrack(s)
for which the permit is sought.
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3. The name, street and mailing address, email address, and
telephone number of the applicant's designated representative, if different
than applicant, whom the City shall give notice under this ordinance or contact
at any time concerning the applicant(s) newsrack(s).
4. A description of each proposed newsrack, including its
dimensions and signage, and whether it contains a coin-operated mechanism.
5. The name and frequency of the publication proposed to be
contained in each newsrack.
B. A separate application shall be required for each publication.
C. If the application is properly completed and the type of newsrack
and location proposed for each newsrack meets the standards set forth in this
Ordinance, the City Administrator shall issue a permit within 5 business days from
the date the applicant files the application. A single permit shall be issued for all
newsracks applied for by an applicant that meet the standards of this
Ordinance. A permit shall not be transferable.
D. A permit shall be valid for 1 year.
E. The permit application fee shall be $50.00, and the decal fee shall
be $10.00 per newsrack. All fees imposed under this Ordinance shall be paid to
the City Administrator at the time the application is filed and may be adjusted
from time to time.
F. Each permittee shall be issued a pre-printed decal for each
permitted newsrack, which shall be affixed to the lower right or left corner inside
the window opening on the front of each newsrack.
Section 7. Denial of Permit. If the application is incomplete or the type of
newsrack and location proposed for a newsrack does not meet the standards
set forth in this Ordinance, the City Administrator shall deny the permit
application. If the newsrack permit is denied, in whole or in part, the City
Administrator shall, by certified mail, notify the applicant within 5 business days
from the date of filing a completed application, explaining the reasons for the
denial of the permit. The applicant shall have 10 business days from the date
the certified letter is mailed to correct and resubmit the application or to appeal
the decision, in writing, to the Woodburn Municipal Court.
Section 8. Appeal. The Woodburn Municipal Court shall conduct a
hearing within 30 days of receipt of the applicant's written appeal request.
Written notice of the time and place of the hearing shall be provided to the
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applicant at least 10 business days prior to the date of the hearing. The
Woodburn Municipal Court shall render a written decision within 15 business
days after the date of the hearing.
Section 9. General Placement and Location Standards for Newsracks.
A. A person may not install, use or maintain a newsrack on any public
right-of-way if the newsrack:
1. Endangers public safety;
2. Interferes with public utility, public transportation, or other
governmental use; or
3. Interferes with or impedes:
a. Pedestrian or vehicular traffic;
b. Entry or exit from a residence or business;
c. Access to a legally parked or stopped vehicle;
d. Use of a traffic sign or signal, emergency call box,
transit shelter, bus stop, elevator, mailbox, or other public service; or
e. Access to use of a delivery area or loading zone.
B. A newsrack shall not be placed upon any portion of the public
right-of-way that abuts the Vision Clearance Area.
C. Except as otherwise provided in this Ordinance, a newsrack
requiring a permit under this Ordinance shall be placed or maintained on any
public right-of-way in compliance with the following standards:
1 . Every newsrack shall be placed so as to open toward the
street.
2. If multiple newsracks are permitted at the same location, all
such newsracks must be placed together in a straight line and abutting
adjoining newsracks and no group of newsracks shall extend for a distance of
more than 10 feet.
3. No newsrack shall be chained or otherwise attached to any
parking meter, kiosk, trash receptacle, street light, utility pole or device, sign
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pole, stand pipe, transit shelter, bus bench, bus stop, or to any tree, shrub or
other plant, or other structure.
4. No newsrack shall be placed, installed or maintained:
a. Within 5 feet of any fire hydrant, emergency call box, or
other emergency facility.
b. Within 5 feet of any parking meter, bench, kiosk, trash
receptacle, tree well, utility pole, signal pole, sign pole, stand pipe, or control
cabinet.
c. Within 10 feet of any transit shelter, bus bench or
designated bus stop. The distance requirement shall be measured from the roof
of any transit shelter, the edge of any bus bench, or the pole sign for any
designated bus stop.
d. Within 10 feet of any alley, loading zone, disabled ramp
or curb cut.
e. At any location where the clear space for the passage
of pedestrians after placement or installation is less than 4 feet, or as required by
ADA Accessibility Guidelines, whichever is greater.
f. Within 3 feet of or on any area of flowers or shrubs or
similar landscaping, or in such a manner where ordinary use of the newsrack will
cause damage to such landscaping.
g. Within 3 feet of any commercial window display.
h. Within 3 feet of or in such a manner as to block or cover
any portion of an underground utility vault, manhole, or other sidewalk
underground access location.
i. In such a manner as to be permanently affixed to any
sidewalk, street or other property of the City.
J. Within 20 feet of any crosswalk.
D. Subject to the other provisions of this section, a newsrack requiring a
permit under this Ordinance may be placed on the parkway adjacent to a
sidewalk when placement of the newsrack on the sidewalk would reduce clear
passage for pedestrians as provided in this Ordinance. In this case, the
newsrack should open toward the sidewalk.
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ORDINANCE NO. 2425
E. In the event the City must expand or otherwise reconfigure public
right-of-way or make improvements thereto to improve the adjacent street,
sidewalk, or for other public purpose, any and all newsracks displaced by such
improvements shall be removed by the permittee at the permittee's sole cost
and expense and in accordance with the instructions of the City. Wherever
possible, and only in accordance with the requirements of this ordinance, the
City shall attempt to allow the relocation of any newsracks displaced as
provided herein to the newly reconfigured right-of-way without additional
permit fee; provided, however, where such right-of-way will no longer
accommodate newsracks in accordance with the requirements of this
ordinance, the City shall not be obligated to provide alternative or other sites for
such displaced newsracks.
Section 10. General Construction and Maintenance Standards for
Newsracks. Any newsrack requiring a permit under this Ordinance shall:
A. Be in a clean condition and in good repair.
B. Be constructed, installed, and maintained In a safe and secure
condition.
C. Be made of solid material on all sides; no wire or other open form of
newsrack will be permitted.
D. Be maintained so that it is free of graffiti.
E. Be affixed with a decal, issued by the City, evidencing the issuance
of a permit under this Ordinance.
F. Be affixed with identifying information, which shall contain the
name, address and telephone number of the newsrack owner and of the
distributor of the publication contained therein. Such information shall be
placed in a visible location on the front of the newsrack, and shall be legible.
Section 11. Additional Construction and Maintenance Standards for
Newsracks in Urban Renewal Core Area. In addition to complying with the
standards contained in Sections 9 and 10 of this Ordinance, any newsrack
requiring a permit under this Ordinance that is located in the Urban Renewal
Core Area shall meet the following additional standards:
A. A newsrack shall be manufactured from 20-gauge or thicker zinc
coated steel.
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ORDINANCE NO. 2425
B. A newsrack shall have a net weight of at least 80 pounds when not
filled with newspapers, periodicals, magazines or other publications.
C. Coin mechanisms, if any, shall be housed in the body of a newsrack
or in armored heads welded or bolted to the body of a newsrack.
D. A newsrack shall be painted or covered with a protective coating
to make it graffiti resistant and promote the easy removal of any graffiti.
Section 12. Abandoned Newsracks. In the event any newsrack is severely
damaged, or remains empty for more than 30 days, the newsrack shall be
deemed abandoned, and may be seized and removed in the manner
provided by this Ordinance.
Section 13. Seizure of Newsracks.
A. The City may seize and remove a newsrack if the person responsible
for the newsrack has failed to obtain a permit under this Ordinance or where the
newsrack creates an immediate danger to the public health, safety or welfare.
The City Administrator shall provide notice to the owner, if known, by mailing a
"Notice of Removal" to the last known address of the person.
B. Except for the instances specified in subsection "A" of this section,
before any newsrack is seized, the designated representative shall be notified
and provided 5 business days from notification in which to remedy the violation
or to request a hearing to contest the seizure. A person notified under this
subsection may make a written request for a hearing before the Woodburn
Municipal Court.
C. If no hearing is requested after notice is given, the Woodburn
Municipal Court may order the newsrack seized and disposed of. If a request for
hearing is received, the Woodburn Municipal Court shall conduct a hearing
within 30 days of receipt of the applicant's written request. Written notice of the
time and place of the hearing shall be provided to the applicant.
D. The Woodburn Municipal Court shall render a written decision within
15 days after the date of the hearing.
E. The City shall hold any newsrack(s) seized under this section for 30
days from the date of seizure. The owner or designated representative may
retrieve any seized newsrack(s) subject to a $25 seizure and impound fee for
each newsrack retrieved, to be paid at the time of retrieval. If a hearing has
been requested, the City shall hold any seized newsrack(s) until the conclusion
of all proceedings involving the newsrack(s), but not less than 30 days. At the
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ORDINANCE NO. 2425
conclusion of the appropriate time under this subsection, the City shall become
owner of the seized newsrack(s) and may dispose of them as appropriate.
F. The owner of any newsrack(s) retrieved after seizure under this
section, shall re-apply for a newsrack permit, pursuant to the requirements of this
ordinance, prior to placing the formerly seized newsrack(s) back in the city.
Section 14. Enforcement.
A. A newsrack placed in violation of this Ordinance constitutes a
public nuisance, and may be abated.
B. The City Attorney, after obtaining authorization from the City
Council, may initiate a civil proceeding on behalf of the City to enforce the
provisions of this Ordinance.
C. In addition to, and not in lieu of any other enforcement
mechanisms, a violation of any provision of this Ordinance constitutes a Class 1
Civil Infraction and may be processed according to the procedures contained
in the Woodburn Civil Infraction ordinance.
D. Each day that a violation of this Ordinance is committed or
permitted to continue shall constitute a separate Civil Infraction.
E. The remedies provided for in this Section are cumulative and not
mutually exclusive.
Section 15. Severability. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance.
Section 16. Declaration of Emeraency. This Ordinance being necessary
for the immediate preservation of the public peace, health and safety for the
reason that the proliferation of newsracks in the City needs to be immediately
addressed, an emergency is declared to exist and this Ordinance shall take
effect immediately upon passage by the Council and approval by the Mayor.
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ORDINANCE NO. 2425
Approved as to form:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
October 10. 2007
October 10, 2007
Filed in the Office of the Recorder
ATTEST: 1Y1CuJ..f~~
~nant City Recorder
City of Woodburn, Oregon
October 10, 2007
Page 12 -COUNCIL BILL NO. 2685
ORDINANCE NO. 2425
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