§ 18-31. Findings and conclusions.

The city commission finds and concludes that:

(1)

The streets and sidewalks have immemorially been held in trust for the use of the public.

(2)

Consistent with the First Amendment of the United States Constitution and Article I, Section 4 of the Florida Constitution, the city has the authority to regulate newsracks to further its significant interests in public safety and aesthetics provided that such regulations are valid time, place or manner restrictions.

(3)

The United States Supreme Court has recognized aesthetics and safety as significant government interests legitimately furthered through ordinances regulating First Amendment expression in various contexts.

(4)

The public and the private sector have invested and will continue to invest significant monies in maintaining and improving the public right-of-way so as to enhance pedestrian and vehicular safety and circulation, and to enhance its aesthetic appearance.

(5)

The uncontrolled placement, installation, operation and maintenance of newsracks within the public right-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, drivers and persons performing essential utility, traffic control and emergency services;

(6)

The uncontrolled placement, installation, operation, maintenance and appearance of newsracks within the public right-of-way degrades the quality of life by militating against the city's substantial efforts to beautify its public rights-of-way and to beautify and promote its "tropical" image through design guidelines for nonresidential structures.

(7)

Newsracks located in a manner to cause an inconvenience and danger to persons using such rights-of-way or to undermine the facilitation of pedestrian and vehicular circulation and aesthetic improvements constitute a public nuisance.

(8)

The regulation of placement, installation, operation, maintenance and appearance of newsracks within the public right-of-way will:

a.

Provide access for the use and maintenance of poles, posts, traffic signals, hydrants, mailboxes, sidewalks, pedestrian walkways and transportation facilities;

b.

Eliminate sight line obstructions;

c.

Reduce unnecessary exposure of the public to personal injury or property damage;

d.

Improve the aesthetic appearance and enhance the community appearance through uniformity and consistency with architectural design guidelines;

e.

Consistent with community standards regarding adult entertainment, treat all publications equally regardless of their size, content, circulation or frequency of publication.

(Ord. No. 05O-09-185, § 2, 9-26-05)