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 Lauderhill
 Code of Ordinances
 Chapter 18. STREETS AND SIDEWALKS
 Article III. UNIFORM NEWRACKS

  § 18-35. Location or placement of newsracks.  

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  • Any newsrack placed within the public right-of-way shall be located in accordance with the following standards and requirements:

    (1)

    Only a specified newsrack or an equivalent newsrack may be located or placed within the public right-of-way.

    (2)

    A space of not less than one thousand five hundred (1,500) feet as measured along the edge of pavement shall separate each newsrack or a group of newsracks from another newsrack located on the same side of the roadway. In the case of single newsrack kiosk, not more than one (1) newsrack container per publication containing the same issue or edition of the publication shall be located in any grouping of newsrack units. In the case of a double newsrack kiosk, no more than two (2) publications containing the same issue or edition of the publication shall be permitted.

    (3)

    A newsrack placed on a sidewalk or in a swale shall be located a minimum ten (10) feet away from the edge of the paved portion of the right-of-way designated for vehicular traffic. In the event a location could be approved for placement either on a sidewalk or within the adjacent swale, the newsrack shall be placed in the swale. The swale will be required over a sidewalk notwithstanding utility encroachments when necessary approvals may be obtained.

    (4)

    A newsrack shall not be located within a sight visibility triangle as determined to exist by the city engineer.

    (5)

    In the case of a conflict over the location of a newsrack, the first person to file an engineering permit and fee with the DEES for a newsrack at a particular location shall have priority as to that location.

    (6)

    A specified or equivalent newsrack shall not be placed, installed, operated, used or maintained:

    a.

    On any disability access ramp.

    b.

    Within the paved portion of any right-of-way designated for vehicular traffic.

    c.

    On any median within the public-right-of-way.

    d.

    Within fifteen (15) feet of any fire hydrant.

    e.

    Within three (3) feet of the outer end of any bus bench or bus shelter or five (5) feet from a bus stop sign.

    f.

    Within twelve (12) inches of any area improved with lawn, or hedges, or within three (3) feet of flowers or trees.

    g.

    Attached to or within three (3) feet of any traffic sign, traffic control device, mailbox, street light, or utility pole.

    h.

    Over any utility, drainage or cable television easement or within ten (10) feet of any drainage structure. The city engineer may approve a location over any utility, drainage or cable television easement if an executed indemnification and hold harmless agreement is furnished. The agreement must be executed by each publisher occupying space in the affected newsrack, must be in a form approved by the city attorney and shall not be construed to affect in any way the city's rights, privileges and immunities as set forth in Florida Statutes, § 768.28. Additionally, the publisher or distributor must provide written consent from others occupying the newsrack or produce sufficient evidence that it will not place its facilities so as to interrupt unreasonably with any utility, drainage or cable television easements.

    i.

    Within twenty-five (25) feet of any accessway or driveway.

    j.

    At any sidewalk location whereby the clear space for passageway on the sidewalk for pedestrians is reduced to less than five (5) feet, excluding any curb.

    k.

    Within ten (10) feet of any crosswalk.

(Ord. No. 05O-09-185, § 6, 9-26-05)