007 of 2015 - Amending Chapter 14.36 - Consolidated Fee Schedule; Newsracks in the Public Right-of-Way 0 15-1
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SALT LAKE CITY ORDINANCE
No. 7 of 2015
(Amending Chapter 14.36 of the Salt Lake City Code and the
Consolidated Fee Schedule pertaining to news racks in the public right-of-way)
An ordinance amending Chapter 14.36 of the Salt Lake City Code and the Consolidated
Fee Schedule concerning news racks in the public right-of-way pursuant to Petition No.
PLNPCM2012-00793.
WHEREAS,the Salt Lake City Planning Commission held a public hearing on April 9,
2014 on an application submitted by Mayor Ralph Becker("Applicant")to amend Chapter 14.36
(Streets,Sidewalks and Public Places:Newsracks)of the Salt Lake City Code and the
Consolidated Fee Schedule to modify the regulation of news racks in the public right-of-way
pursuant to Petition No.PLNPCM2012-00793;and
WHEREAS,at its April 9,2014 meeting,the planning commission provided comments
to the Salt Lake City Council on said application;and
WHEREAS,the city council adopted amendments to the Consolidated Fee Schedule on
January 20,2015 concerning news rack fees:and
WHEREAS,after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests.
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City.Utah:
SECTION 1. Amending Chapter 14.36 of Salt Lake City Code. That Chapter 14.36 of the
Salt Lake City('ode(Streets.Sidewalks and Public Places:Newsracks),shall be,and hereby is.
amended to read as follows:
Chapter 14.36
NEWS RACKS
14.36.010:PURPOSE AND INTENT OF PROVISIONS:
The city council hereby finds and declares:
A. The primary intended use of the streets and sidewalks of the city is the movement of
people and goods.Generally speaking,the city considers its streets and the real
property interests therein to be a valuable asset,one that it intends to control by
regulation and will not allow to be appropriated by private enterprise.
B. The city has an obligation to the general public to ensure reasonably unobstructed
passage over the public right of way in a clean,safe and orderly manner.
C. The city has an obligation to protect the health and safety of the public,and to protect
persons,including minors,from unwilling exposure to explicit sexual material.
D. Inappropriately located news racks can pose a significant hazard and annoyance to
pedestrians,abutting landowners,and vehicles,and can interfere with the
maintenance of public improvements.
E. The uncontrolled construction and placement of news racks unreasonably interferes
with the public's right to safe and unobstructed passage and tends to physically and
visually clutter the public rights of way.The placement,construction and
maintenance of news racks must be reviewed in relationship to proximity,design and
use of other existing or proposed street improvements including,but not limited to,
signs and lampposts,parking meters,bus shelters and benches,planters,telephone
booths,traffic devices,bus stop areas,loading zones,and landscaped setbacks.
F. The city's central business district and an expanded area surrounding it,and the Sugar
House Business District are particularly congested and important areas.The
aesthetically pleasing and functional design and regulation of the use of streets and
sidewalks in the expanded central business district and Sugar House Business District
are extremely important in developing and maintaining order for the public good.
G. The city has gone to great lengths in its street improvement program within the
expanded central business district and the Sugar House Business District to create an
aesthetically pleasing,safe,efficient and harmonious streetscape.Outdoor news
racks,as part of the streetscape furniture,should be designed,constructed and
maintained to carry out those objectives.
H. Historically,the use of the streets for commercial enterprise has been precluded to
preserve the streets for public purposes and to avoid the appropriation of public
property or the creation of unfair economic advantage to businesses competing in the
business district on private property.Distribution of newspapers has been a notable,
but limited,exception allowed in business districts to accommodate convenient
dissemination of the news to encourage an informed citizenry,even though such
distribution from news racks competes with other retail or subscription methods.Use
of city owned property and public rights-of-way in commercial districts where
subscription is less common should not be absolutely denied,but such use is
subordinate to the property's use for public purposes.This private use of the city
owned property and public rights-of-way,afforded certain constitutional protection
under freedom of expression,is being regulated to ensure subordination to public
purposes and protection to the city and its residents.
I. Daily newspapers of general circulation provide the most comprehensive and detailed
information regarding local advertising and state and local news.This information is
of greatest interest to those in the expanded central business district and Sugar House
Business District,and becomes stale on a daily basis requiring rapid turnover.
J. The above strong compelling governmental interests compete against public interests
in freedom of expression and the private commercial interests of distributors.The city
desires,in the time,place and manner provisions codified in this chapter,to balance
those interests.
14.36.020:TITLE:
"this chapter may be referred to as the SALT LAKE CITY NEWS RACK ORDINANCE.
14.36.030:DEFINITION OF NEWS RACK:
For the purpose of this chapter,"news rack"means any outdoor self-service or coin
operated container,rack or structure used or maintained for the distribution of
newspapers,news periodicals or other printed material.
14.36.040:NEWS RACKS ALLOWED ONLY IN SPECIFIED AREAS:
A. News racks on city owned property or in the public right-of-way shall be lawful
within the expanded central business district("ECBD"),which is defined to include
the area of downtown bounded on the north by the north side of North Temple Street;
on the east by the east side of 200 East Street;on the south by the south side of 500
South Street;and on the west by the west side of 400 West Street.
B. News racks shall be lawful on city owned property and in the public right-of-way
within the Sugar House Business District zoning districts(CSHBDI and CSHBD2).
C. Outside of the ECBD and the Sugar House Business District the existing news racks
that substantially conform to the provisions of this chapter and that are listed on
exhibit A to the ordinance codified herein,a copy of which shall be filed with the city
recorder along with said ordinance,may remain in their present location subject to
compliance with all design,maintenance and license regulations stated in this chapter.
D. The airport may make such rules and regulations governing the location and fees for
news racks as the airport director deems reasonably necessary to ensure the safety and
efficient operation of the airport.
E. Other than as allowed by subsections A,B and C of this section,it is unlawful to own,
operate,place or maintain news racks on city owned property or in the public right-
of-way.
14.36.050:LICENSE AND FEE REQUIRED:
A. Anyone desiring to place a news rack on city owned property or in the public right-
of-way shall be required to obtain a license from the city.One license will be issued
per publication and will apply to all news racks that distribute that publication.The
application for a license shall be submitted to the city before the installation of the
any news rack in accordance with the application procedures specified in Section
14.36.060.
B. Amendment to License:In the event of a change in any of the information submitted
as part of the original license application,including any changes to the location of an
approved news rack or a request for additional news racks,the licensee shall submit
an application to amend the license.A licensee may install additional news racks or
relocate an existing news rack only upon approval of the amended license.
C. Licensing Term:A news rack license shall be valid for one(1)year from the date of
approval.A license may be renewed if,before its expiration,the licensee pays the
renewal fee shown on the Salt Lake City consolidated fee schedule and provides
evidence of insurance as required in Section 14.36.100.
14.36.060:LICENSE APPLICATION:
An application for a license to place a new news rack or relocate an existing news rack on
city owned property or in the public right-of-way("license")shall be filed with the city's
real estate services division upon a form provided by the city and shall include the
following:
A. The name,address,and telephone number of the applicant;
B. The name,address,and telephone number of a responsible person whom the city may
notify or contact at any time concerning the applicant's news racks;
C. Evidence of the applicant's qualification to do business in the state of Utah:
D. Evidence of the applicant's Salt Lake City business license;
E. The name of the materials to be distributed by the news rack;
F. The evidence of insurance required by Section 14.36.100 of this chapter;
G. A site plan showing the proposed location of the news rack(s).The site plan shall
include all information necessary to show compliance with the grouping,
concentration,and location requirements stated in this chapter;
H. An elevation plan of the proposed news rack(s).The elevation plan shall include all
information necessary to show compliance with the design standards stated in this
chapter;and
I. A description of the method for anchoring the news rack(s).
14.36.070:LICENSE FEE:
The license application shall be accompanied by the fee shown on the Salt Lake City
consolidated fee schedule to partially defray the cost of reviewing and permitting the
news rack license.
14.36.080:ISSUANCE OF LICENSE:
After the filing of the completed license application and the payment of the required fee,
the city's real property manager shall issue a license if the application satisfies all
requirements of this chapter.
14.36.090:INDEMNITY;HOLD HARMLESS:
Anyone owning or maintaining a news rack on city owned property or in the public right-
of-way shall indemnify,defend and hold harmless Salt Lake City and its officers and
employees for any loss or damage,including attorney fees,arising out of the use or
placement of such news rack(s).
14.36.100:INSURANCE REQUIREMENTS:
Anyone owning or maintaining a news rack on city owned property or in the public right-
of-way shall maintain liability insurance with an insurer that is licensed to transact
business in the state of Utah and that is financially sound and reputable,as determined by
the city attorney.Such liability insurance shall provide coverage for all liability that the
owner or maintainer of the news rack may incur by virtue of the placement,care,use,
operation and existence of the news rack.Such insurance shall have a minimum limit of
two hundred fifty thousand dollars($250,000.00)per occurrence and a five hundred
thousand dollar($500,000.00)aggregate limit for personal injury and one hundred
thousand dollars($100.000.00)limit for property damage. Such insurance shall name the
city as an additional insured and may not be cancelable without thirty(30)days'prior
written notice to the city.The licensee shall provide evidence of insurance to the city's
real property manager upon submittal of an application for a news rack license or upon
renewal of an existing license.
14.36.110:NUMBER OF NEWS RACKS PER BLOCK:
No more than thirty two(32)news racks may be located on any one block,which,for this
chapter,shall mean any numbered whole block as shown on the original plat of the city.
14.36.120:GROUPING OF NEWS RACKS:
Between intersecting streets that define blocks,news racks shall be placed together in not
more than three(3)groups of not more than eight(8)news racks in any group.Each
group on the same block face shall be separated by a distance of not less than one
hundred feet(100').Each news rack within a group shall be separated no more than two
feet(2')from the nearest other news rack within the group.Groups located within thirty
feet(30')of an intersection,measured from the centerlines of two intersecting sidewalks,
shall be considered to be on both block faces.In the event that the design of any special
assessment area requires a different grouping pattern on any block face,the grouping on
that block face shall be as required by the special assessment area design.
14.36.130:CONCENTRATION OF PUBLICATIONS:
No more than eight(8)news racks on any block may dispense the same publication.No
more than three(3)news racks on any block face may dispense the same publication.
News racks placed within thirty feet(30')of an intersection shall be counted in the total
allowed for each block face.measured from the centerlines of two intersecting sidewalks.
14.36.140:LOCATION RESTRICTIONS:
No news rack may be located adjacent to any mailbox,post,pole,water feature,art or
monument,or adjacent to or within any raised planter.except when pedestrian circulation
space between such items and the news rack is not needed and sufficient space for
maintenance of such items and news racks is provided,or if the original design of such
items specifically provides for news racks in an integrated design feature,or if the city
engineer specifies a particular location for placement.The use of the news rack license
locations must be compatible with the free flow of pedestrian and other traffic and with
public safety.The city's property management division may modify an approved license
location at any time a change is deemed necessary to ensure safe and reasonable
operating conditions for all users of the public right of way.No news rack shall:
A. Impede or interfere with the reasonable use of a crosswalk,display window or
building entrance;
B. Impede or interfere with the reasonable use of any kiosk,bench,trash receptacle,
drinking fountain,bicycle rack,driveway,alley,or bus shelter;
C. Interfere with the reasonable use of any fire hydrant,traffic signal box,or other
emergency facility.News racks may not be located within five(5)feet of a fire
hydrant;
D. Impair or interfere with pedestrian traffic;
E. Interfere with or impair the vision of operators of vehicles at street intersections;
F. Reduce the clear,unimpeded sidewalk width to:
I. Ten fe et(10')or less on sidewalks over twelve feet(12')in width,or
2. Less than three-fourths(3/1)of the clear and unimpeded width of the sidewalk on
sidewalks less than twelve feet(12')in width,and in no event less than six(6)
feet.
3. In determining whether a sidewalk is unimpeded,the city may consider features
such as fountains,fire hydrants,planters,or any other feature that obstructs
pedestrian movement.
14.36.150:RIGHTS GRANTED:
The approval of any location for use as a news rack shall not be construed as granting the
licensee any right or interest to or in the property owned by the city.The rights granted
by this chapter are merely a license to use the property for permitted purposes,subject to
the provisions of this chapter.
14.36.160:ANCHORAGE OF NEWS RACKS:
News racks shall be anchored to the ground or sidewalk at their site.News racks may not
be anchored to trees,posts or poles with chains,rope.cable or otherwise.The licensee
shall be responsible for any damage or repairs caused or necessitated by the removal or
installation of any news rack to bring the site to its original condition,ordinary wear and
tear excepted.
14.36.170:DESIGN STANDARDS:
All permitted news racks shall comply with following design standards:
A. Height:As measured from the surface of the sidewalk to the highest point of the news
rack.no news rack shall exceed:
1. A height o f fifty inches(50")when located adjacent to a building or structure,
including light poles and similar features,of equal or greater height;or
2. A height o f five feet(5')when located adjacent to a building stacked with
multiple racks;or
3. A height o f three feet(3')in other locations.
B. Other Dimensions:No news rack shall exceed:
1. A depth of two fe et(2');and
2. A length o f two feet(2').
C. Color:News racks shall be flat black,or the designated fixture color as part of any
special assessment area with an overall street design theme that specifies particular
colors.In the event that the design of a special assessment area requires that news
racks be enclosed within particular materials or colors,any licensee with news racks
within such district shall be notified of the pending requirements and shall comply
with them.
D. Advertising:News racks shall carry no advertising except a logo or other information
identifying the newspaper or other printed material.This information may be
displayed on the news rack up to a height of six inches(6")and width of thirteen
inches(13")on the upper two-thirds(2/3)of the sides and a height of three inches(3")
and width of twenty inches(20")on the bottom one-third(I/3)of the front.
E. Each news rack shall have permanently affixed in a readily visible place the current
name,address,and telephone number of the licensee.
14.36.180:DENIAL,SUSPENSION OR REVOCATION OF NEWS RACK
LICENSES:
A. The city may deny,suspend or revoke the news rack license or deny renewal thereof,
if the city finds:
1. That such licensee has violated or failed to meet any of the provisions of this
chapter;
2. The license e does not have a currently effective insurance policy in the minimum
amount provided in this chapter;or
3. That the licensee has abandoned the use of the news rack(s)as defined in this
chapter.
14.36.190:NONEMERGENCY REMOVAL OF NEWS RACKS:
A. Notice:If at any time it is determined by the city that a licensee's news rack is not in
compliance with the requirements of this chapter,the city shall give a written"notice
of intent to remove"to the licensee.Such notice shall state the violation or violations
that constitute the basis of the proposed removal.The notice shall state the date,time
and place for a hearing to be held before removal.
B. Hearing:The hearing shall be held not less than ten(10)days from after the time of
service of the notice.Before the hearing,the licensee may file a written response to
the notice specifically setting forth the reason or reasons the news rack should not be
removed.At the hearing the real property manager shall determine whether the news
rack complies with the provisions of this chapter.In the event that the real property
manager determines that the news rack does not comply with this chapter,the
licensee shall remove or bring into compliance the news rack within ten(10)days.If
the news rack is not removed or brought into compliance as required,the city may
remove the news rack and recover the expense of removal from the licensee.
C. Appeal:The licensee may appeal any removal decision or order to the mayor or the
mayor's designee.Any appeal shall be filed in writing within ten(10)days after the
decision and shall specify the basis for the appeal.The mayor shall consider the
appeal based on the written submissions.
14.36.200:EMERGENCY REMOVAL:
A. Removal:In the event a city official determines that the location or operation of the
news rack constitutes an immediate physical threat to public life,safety or health,the
city may remove the news rack immediately without any prior notice.This provision
shall not be enforced in any way related to the content of the material distributed by
the news rack.
B. Notice:In the event of such an emergency removal,the city shall immediately contact
the licensee's representative and inform the representative of the removal,the
reason(s)for the removal,and of the licensee's right to request a hearing before the
real property manager regarding such removal.If requested by the representative,the
city shall hold an immediate hearing before the real property manager to determine
whether or not the removed news rack constituted an immediate threat to the public
life,safety or health.In the event that the real property manager determines that the
news rack did not constitute such an immediate threat,the city shall immediately,at
its own expense,replace the news rack at its location.In the event that no immediate
hearing is requested by the licensee's representative,a hearing as provided in
subsection 14.36.190.B of this chapter shall be held,except that the process shall
occur after the removal of the news rack.
C. Appeal:The licensee may appeal any decision or order to the mayor or the mayor's
designee.Any appeal shall be filed in writing within ten(10)days after the decision
and shall specify the basis for the appeal.The mayor shall consider the appeal based
on the written submissions.
14.36.210:REMOVAL OF UNAUTHORIZED NEWS RACKS:
A. Notice:Any news rack on city owned property or in the public right-of-way,except
one for which a license has been obtained pursuant to this chapter,is an unauthorized
news rack.The city shall make reasonable efforts to identify the owner of the
unauthorized news rack.If the city identifies the owner,the city shall give a written
"notice of intent to remove"to the owner.Such notice shall state that the news rack is
not licensed by the city and may be subject to removal by the city.The notice shall
state the date,time,and place for a hearing to be held before removal.
B. Hearing:The hearing shall be held not less than ten(10)days after the time of service
of the notice.Before the hearing,the owner may file a written response to the notice
specifically setting forth the reason or reasons the news rack should not be removed.
At the hearing the real property manager shall determine whether the news rack is
licensed pursuant to this chapter.In the event that the real property manager
determines that the news rack is not licensed pursuant to this chapter,the owner shall
remove or license the news rack within ten(10)days.If the news rack is not removed
or licensed as required,the city may remove the news rack and recover the expense of
removal from the owner.
C. Appeal:The owner may appeal any removal decision or order to the mayor or the
mayor's designee.Any appeal shall be filed in writing within ten(10)days of after
the decision and shall specify the basis for the appeal.The mayor shall consider the
appeal based on the written submissions.
D. Removal:If the city is unable to identify the owner of an unauthorized news rack,the
city may remove the news rack.The owner of any removed news rack shall be
responsible for the expense of removal and storage of such news rack.If the owner
fails to reclaim the removed news rack and pay the expenses of removal and storage
within thirty(30)days after the removal,the news rack may be deemed unclaimed
property and may be disposed of pursuant to law.
14.36.220:ABANDONMENT:
A news rack shall be deemed abandoned if it:
A. Is removed pursuant to this chapter and is unclaimed for thirty(30)consecutive
calendar days after the date of removal;
B. Remains empty or without a publication for thirty(30)consecutive calendar days;or
C. Is not maintained according to the provisions of this chapter.
News racks deemed abandoned may be treated in the manner provided in Section
14.36.200.
14.36.230:MAINTENANCE:
Each news rack shall be continuously maintained in a reasonably neat and clean
condition and in good repair including:
A. Reasonably free of dirt.trash,debris,foreign objects,graffiti,stickers,dents,and
grease;
B. Reasonably free of chipped,faded,peeling,or cracked paint in any visible painted
areas;
C. Reasonably free of rust and corrosion in any visible areas;
D. Any clear parts through which publications are visible shall be unbroken and
reasonably free of cracks,scratches,dents,blemishes,and discoloration;and
E. No structural components shall be broken or unduly misshapen.
14.36.240:EXISTING NEWS RACK LICENSING
All news racks that were permitted at the time of the passing of this ordinance or that are
outside of the ECBD and conform to the provisions of this chapter must be licensed
according to the provisions of this chapter no later than July 1,2015.
SECTION 2. Effective Date. This ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City,Utah,this 24th day of February ,
2015. i/S V v
CHAIRP O
ATT C TERSIGN:
s '.241;30 RECORDER
Transmittedto Mayor on February 25, 2015 .
Mayor's Action: ) Approved. Vetoed.
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s• p 1. ' Salt Lake City Attorney Office
Bill No. 7 of2015. ;4
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Published: March 4, P015 r,np 3S 3 Date,
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