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Any newsrack which, in whole or in part, rests upon, in, or over any public sidewalk or parkway shall comply with the following standards:

(1) No newsrack shall exceed five feet in height, 30 inches in width, or two feet in thickness.

(2) Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be so placed that the part of the newsrack nearest the curb shall be no less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall, and the part of the rack nearest such wall shall be not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.

(3) No newsrack shall be chained, bolted, or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object without the consent of the owner of such property.

(4) Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.

(5) Notwithstanding the provisions of CMC 12.12.030(2), no newsrack shall be placed, installed, used, or maintained:

(a) Within three feet of any marked crosswalk;

(b) Within 15 feet of the curb return of any unmarked crosswalk;

(c) Within three feet of any fire hydrant, fire call box, police call box, or other emergency facility;

(d) Within three feet of any driveway;

(e) Within three feet ahead of, or 15 feet to the rear of, any sign marking a designated bus stop;

(f) Within three feet of any bus bench;

(g) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet; or

(h) Within three feet of any area improved with lawn, flowers, shrubs, or trees, or within three feet of any display window of any building abutting the sidewalk or parkway, or in such a manner as to impede or interfere with the reasonable use of such window for display purposes.

(6) No newsrack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.

(7) Each newsrack shall be maintained in a clean, neat, and attractive condition and in good repair at all times. (Ord. 167 § 1. 2002 Code § 13-3.5).