§ 78-243. Provision of modular newsracks.

(a)

In furtherance of the purposes of this article, the city shall require only modular newsracks to be installed in the city. Individual newsracks shall not be permitted in the public right-of-way in the city limits. Publishers shall have the option to participate in a modular newsrack program installed and operated by the modular newsrack provider. The modular newsrack provider shall provide sufficient modular newsracks to replace the verified total of individual newsracks in the right-of-way in the city limits.

(b)

In exchange for providing modular newsracks, the city grants to the modular newsrack provider, the right to place an advertisement on select modular newsracks. Only modular newsracks, owned and operated by the modular newsrack provider, may bear a single, commercial advertising sign, located only on the side of the modular newsrack which faces the nearest street; such sign shall not be larger than 24 square feet. The sign may be lighted according to City Code. The modular newsracks shall be provided at no cost to the city and no cost to the publishers who participate in the advertising-supported modular newsrack program.

(c)

Paid, daily publications are required to be placed in either a standard modular newsrack, with advertising on it, or in a single-unit, two-compartment modular newsrack, without advertising on it. If a paid, daily publication elects to be in a single-unit, two-compartment modular newsrack, without advertising, that publication must pay for the cost of the modular door and coin mechanism, and assume payment responsibility for the cost of the door and coin mechanism repairs and replacement parts. Paid, daily publications may either purchase the required parts in cooperation with, or independent from the modular newsrack provider. The modular newsrack provider owns the paid, daily, single-unit, two-compartment modular newsrack, and will be responsible for all costs and repairs to all parts except the doors and coin mechanisms. Except for paid, daily publication single-unit, two-compartment modular newsracks, all other modular newsracks are provided by the modular newsrack provider to participating publishers, free of costs, fees or charges of any sort. The modular newsrack provider will provide insurance coverage on all modular newsracks.

(d)

The city shall enter into a contract with one modular newsrack provider for the placement and maintenance of modular newsracks in the city. Publishers must verify the number of their individual newsracks by signing a publisher agreement and submit a distribution affidavit for each publication that participates in the modular newsrack program. Distribution affidavits will list the locations of newsracks where those publications were consistently distributed in the city during the 12 months preceding the date of the signing of the ordinance. Publishers will receive a one-for-one exchange, of one compartment in a modular newsrack for each individual newsrack that is verified.

(e)

The total number of compartments in modular newsracks in the city may be increased or decreased only on the basis of market supply or demand, or consistent with the purposes stated in section 78-241 of the Code and as provided in sections 78-244 and 78-245. The contract shall also ensure that modular newsracks shall be placed in locations throughout the city which afford easy, convenient service to pedestrians, but which do not obstruct or interfere with access to abutting properties, and which do not impede or endanger pedestrian, bicycle or vehicle traffic.

(f)

A contract with the modular newsrack provider under this section would include, but not be limited to, the following terms and conditions:

(1)

In consideration of the placement and maintenance of modular newsracks, the city shall grant to the modular newsrack provider a license with respect to the real property where the modular newsracks will be placed, and the right to place lighted commercial advertisements on the standard modular newsracks at select locations;

(2)

A detailed description and photograph or scale drawing of the modular newsrack, including its dimensions, number of separate compartments, and method of attachment to the public right-of-way;

(3)

A scale drawing or site plan no less than 1':8" scale for each modular newsrack showing its placement relative to existing buildings, curbs and other fixtures and appurtenances in the surrounding public right-of-way for a minimum of 25 feet in any direction; and

(4)

The terms of any contract between the modular newsrack provider and the publishers of such newspapers and other publications, including the method by which the modular newsrack provider determines the newspaper's or other publication's position within the modular newsrack.

(g)

The location of each modular newsrack must be approved by the city, according to city specifications. These locations must be submitted to the city in masterplan format detailing existing and proposed locations and must be approved by the city.

(h)

All modular newsracks shall be designed, permitted and installed in accordance with the Florida Building Code.

(Ord. No. 3964-06, § 1, 10-23-2006)