§ 723-11. Newsracks.

(a)

For purposes of this section, the following words and phrases shall have the meanings ascribed to them respectively, regardless of whether or not the words and phrases are capitalized:

1.

Abandon means to fail to stock any modular newsrack with current publications for sale or distribution to the public for a period of at least ten (10) consecutive days following written notice from the city to the owner or distributor of the publication.

2.

Director means the director of the department of transportation and engineering for the city, or his designee.

3.

District means a Modular Newsrack District as defined in this section.

4.

Private newsrack means a privately owned newsrack, other than a modular newsrack within a modular newsrack container, used to display, sell or distribute a publication from a public street, sidewalk, place or right-of-way within the city.

5.

Modular newsrack container means a metallic, box-like container provided by the city with compartments designed to contain modular newsracks and accommodate, at any one time, the display, sale or distribution of multiple and distinct printed publications.

6.

Modular newsrack means a newsrack designed to fit in a compartment within a modular newsrack container, including the door, coin return mechanism, if any, and associated hardware.

7.

Permit means an annual license issued by the director to the owner of a publication to install, maintain and use a modular newsrack within a modular newsrack container for the display, sale or distribution of a publication to the public within a Modular Newsrack District.

8.

Publication means any written or printed material, including, but not limited to, newspapers, periodicals, advertising circulars, and magazines.

9.

Newsrack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of a publication.

10.

Owner means the person or legal entity responsible for selling, displaying or distributing a publication.

(b)

Modular Newsrack Districts may be established by City Council. Modular Newsrack Districts shall be confined to the following zoning districts: DD, CN-P, CN-M, CC-P, CC-M, CC-A, CG-A.

(c)

Private newsracks prohibited. No owner or other person shall place, or allow to remain in place, a private newsrack on a public street, sidewalk, place or right-of-way within any Modular Newsrack District.

(d)

Modular newsrack permit required. No person, other than the owner of a publication issued a permit pursuant to section (g) herein shall display, sell or otherwise distribute a publication from a newsrack on a public street, sidewalk, place or right of way within a Modular Newsrack District.

(e)

Placement of modular newsrack containers. The director shall place modular newsrack containers at locations convenient to pedestrian use within each Modular Newsrack District.

(f)

Application for permit.

1.

The owner of a publication applying for a permit to install, maintain and use a modular newsrack within a modular newsrack container for the display, sale or distribution of a publication to the public shall, on an application form furnished by the director:

i.

Identify, by location, the modular newsrack container;

ii.

Identify, by name, the publication;

iii.

Identify, by frequency of issuance, the type of publication (e.g., daily, twice weekly, monthly);

iv.

Identify, by name and address, the person authorized to receive notices sent pursuant to sections (i) and (j) herein, as well as Chapter 718 of the Cincinnati Municipal Code; and

v.

Attach to each application a notarized statement signed by or on behalf of the owner agreeing to abide by the terms of this section.

2.

The owner of a publication shall apply for a permit no sooner than ninety (90) days and no later than forty-five (45) days prior to the effective date of the permit.

3.

Subject to sub-section (f) 4, the owner of a publication may apply for more than one permit issued pursuant to sub-section (g), however, a separate application is required for each permit.

4.

The owner of a publication may not apply for a permit to display, sell or distribute the same publication from more than one modular newsrack within the same modular newsrack container.

5.

A non-refundable application fee as set forth in section 723-6 of this Chapter.

(g)

Modular newsrack permit. For each modular newsrack container within a Modular Newsrack District, the director shall proceed as follows:

1.

Based on frequency of issuance, assign all applications submitted in accordance with sub-section (f) to one of the following three categories of publications:

i.

Publications issued at least five (5) or more times a week;

ii.

Publications issued one (1) to four (4) times a week; or

iii.

Publications issued less frequently than weekly.

2.

Beginning with category i above, issue permits by randomly selecting an application for each available modular newsrack until all applications in category i have been assigned or until all available modular newsrack within the modular newsrack container are filled, whichever occurs first.

3.

If available modular newsracks remain after all category i applications have been assigned, proceed to category ii. Issue permits by randomly selecting applications from category ii for each available modular newsrack until all applications in category ii have been assigned, or until all available modular newsracks within the modular newsrack container are filled, whichever occurs first.

4.

If available modular newsracks remain after all category ii applications have been assigned, proceed to category iii. Issue permits by randomly selecting applications from category iii for each available modular newsrack until all applications in category iii have been assigned, or until all available modular newsracks within the modular newsrack container are filled, whichever occurs first.

5.

Each permit issued pursuant to this section shall be in effect for a period of two (2) years. Permits are renewable only upon the filing of a new application.

(h)

Maintenance and use of modular newsracks. The owner of a publication issued a permit pursuant to sections (f) and (g) of this policy shall:

1.

Maintain the modular newsrack door and coin return mechanism in good working order and promptly repair any defective or malfunctioning part or replace the defective or malfunctioning part with equipment of like kind and appearance;

2.

Permanently affix a label, inconspicuous in size and color, to the modular newsrack door at a readily visible location, which label shall provide the name, address and 24-hour-operable telephone number of a person or service that customers may call to report a problem or receive a refund in the event of a coin-return malfunction;

3.

Not place any advertising on the modular newsrack door, other than a sign identifying the publication contained within the modular newsrack; and

4.

Notify the director no less than thirty (30) days prior to the owner's voluntary abandonment of the modular newsrack.

(i)

Revocation of permit. Pursuant to this section, the director may revoke the modular newsrack permit of a publication violating any requirement of this chapter. The director shall provide written notice to the owner informing the owner of the violation and specifying a time for taking corrective action. The notice shall also inform the owner that the owner may contest the violation by filing a written appeal with the director within seven (7) days of receiving the notice, and warn the owner that failure to timely correct the violation or file an appeal with the director shall result in revocation of the permit issued to the owner. The director shall hear any appeal timely filed pursuant to this section within ten (10) days of its filing and promptly issue a written decision. The decision of the director is final, subject to judicial review.

(j)

Abandonment of modular newsrack.

1.

The owner of a publication issued a permit to install, maintain and use a modular newsrack shall not abandon the modular newsrack without first providing at least thirty (30) days prior written notice to the director.

2.

The director shall revoke the modular newsrack permit of any modular newsrack abandoned the owner.

(k)

Placement of newsracks in areas not designated as Modular Newsrack Districts.

1.

The city manager or his designee is authorized to grant revocable street privileges for the placement of newsracks in areas not designated as Modular Newsrack Districts, subject to the following restrictions:

i.

Newsracks may only be located within a qualifying location, as herein defined.

ii.

Only one qualifying location shall be designated per street block face.

iii.

Individual publications are permitted only one newsrack per qualifying location.

iv.

No more than four (4) free-standing newsracks are permitted per qualifying location.

v.

Newsracks must be located such that an unobstructed sidewalk pedestrian corridor of a minimum of four (4) feet is maintained parallel to the street at all times. Where existing obstructions are present (such as fire hydrants), the corridor can be measured to go around these obstructions. For tree grates, the corridor is measured from the outer edge of the grate.

vi.

Newsracks must be placed at least six (6) feet from any alley, pedestrian crosswalk, driveway curb cut, curb ramp, or sidewalk café and at least four (4) feet from any bicycle rack.

vii.

Newsracks may contain the name and logo of the publication distributed therein, but shall not contain any other advertising.

viii.

Newsracks may not be secured or attached to any building, tree or sidewalk.

ix.

Newsrack units must not block building display windows without the prior written consent of the property and/or business owner. A copy of said agreement must be filed with the application for a revocable street privilege.

x.

Newsracks must conform to the design specifications promulgated by the department of transportation and engineering. The department of city planning is hereby authorized to promulgate design specifications for newsracks.

2.

Persons desiring to secure a revocable street privilege for placement of a newsrack within the public right-of-way in an area not designated as a Modular Newsrack District shall submit an application on a form to be provided by the city manager or his designee which shall:

i.

Identify the name of the applicant and the name of the publication;

ii.

Identify the requested location for the newsrack;

iii.

Identify the name and address of the person authorized to receive notice pursuant to Chapter 718 of the Cincinnati Municipal Code;

iv.

Include proof of liability insurance in an amount not less than $1,000,000.00. The City of Cincinnati shall be named as an additional insured;

v.

A non-refundable application fee as set forth in section 723-6 of this Chapter.

3.

Revocable street privileges for the placement of newsracks in areas not designated as Modular Newsrack Districts shall expire one (1) year after issuance and are renewable only upon the filing of a new application.

4.

Grant of Revocable Street Privileges for newsracks located in areas not designated as Modular Newsrack Districts.

i.

Revocable Street Privileges for the placement of newsracks in areas not designated as Modular Newsrack Districts shall be issued on a first-come, first-served basis.

ii.

The first four (4) applicants for any designated location will be granted Revocable Street Privileges, provided they comply with all other requirements of this section.

iii.

In the event that more than four (4) applications for placement of a newsrack are received for the same qualifying location at the same time, preference will be given to publications issued at least five (5) times per week, followed by publications issued one (1) to four (4) times per week, followed by publications issued less often than weekly.

iv.

The city manager or his designee shall issue a decision on an application for a Revocable Street Privilege for placement of newsracks under this section within thirty (30) days of receipt of the application.

5.

Revocation of Revocable Street Privileges for newsracks located in areas not designated as Modular Newsrack Districts.

i.

The city manager or his designee may revoke the revocable street privilege for a newsrack located in an area not designated as a Modular Newsrack District for any lawful, content-neutral reason.

ii.

The city manager or his designee shall provide written notice to the Holder informing the Holder of the reason(s) for revocation.

iii.

The notice shall also inform the Holder that the Holder may contest the revocation by filing a written appeal with the Director within seven (7) days of receiving the notice.

iv.

The Director shall hear any appeal timely filed pursuant to this section within ten (10) days of its filing. The Director shall then issue a written decision within fourteen (14) days of the hearing. The decision of the Director is final, subject to judicial review.

(Ordained by Ord. No. 363-2009, § 1, eff. Jan. 16, 2010; Emer. Ord. 292-2010, § 1, eff. June 30, 2010; Emer. Ord. No. 238-2015, § 7, eff. July 1, 2015; a. Ord. No. 0228-2017, § 1, eff. Sept. 9, 2017)

Editor's note

Ord. No. 363-2009, § 1, effective Jan. 16, 2010, repealed the former § 723-11 and enacted a new section as set out herein. The former § 723-11 pertained to retail sidewalk display and derived from C.O. 702-7; C.M.C. 723-11, eff. Jan. 1, 1972; and Ord. No. 363-1986, eff. Sept. 24, 1986.

Cross reference

Penalty, § 723-99-C.