§ 18-36. Standards for installation, operation and maintenance.

The installation, operation and maintenance of any newsrack shall be in conformance with the following standards and requirements:

(1)

Only a specified newsrack or equivalent newsrack shall be installed, operated, and maintained within the city. All other types of newsracks are prohibited and may be removed by the Code Enforcement Division consistent with subsection 18-37(b) herein.

(2)

A specified or equivalent newsrack shall not be installed until all necessary permits have been approved and all applicable fees have been paid.

(3)

Two (2) boxes or containers stacked together as shown in Exhibit 1 shall be considered a single newsrack kiosk. Four (4) boxes or containers stacked together as displayed in Exhibit 2 shall be considered a double newsrack kiosk. No more than four (4) containers shall be installed in any one newsrack kiosk. No more than four (4) newsrack kiosks may be installed at any one location. No newsrack kiosk may be installed that does not contain the permitted number of newsrack containers.

(4)

Each newsrack shall be installed level and plumb. Newsracks shall be mounted on a six-inch by four-inch reinforced concrete slab and secured. Each pedestal shall be secured to its mounting surface by a fourteen (14) inch square base plate. The height of the cabinet top of a newsrack shall not exceed fifty-four (54) inches above the finished grade level of the concrete slab on which the newsrack is mounted.

(5)

A newsrack shall not carry any advertising except the name of the publication being dispensed. The letter size shall not exceed two (2) inches in height. Lettering may appear on the front under the viewing window and on each side. All lettering may be in the style, character and color commonly used by each publication. The name "City of Lauderhill" also may appear on the newsrack.

(6)

Only the publication may be displayed in the front window area, however, a small promotional or document directly connected with the publication may be displayed in only one (1) corner of the front window area. No rack cards are allowed to be inserted in front of the newsrack. Newsracks shall not have rack card holders.

(7)

Each coin-operated newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the paid for publication. Each coin-return mechanism shall be maintained in good working order. A newsrack for free publications may omit the coin box and may have a pull bar welded to the door.

(8)

In order to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for herein, each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name, address and the telephone number of a working telephone service.

(9)

Each newsrack shall be operated and maintained in a net and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:

a.

It is reasonably free of dirt and grease.

b.

It is reasonably free of chipped, faded, peeling and cracked paint.

c.

It is reasonably free of rust and corrosion.

d.

The clear plastic or glass parts, if any, through which the publications are viewed, are unbroken and reasonably free of cracks, dents, blemishes and discoloration.

e.

It is free of graffiti. All graffiti shall be removed within seven (7) working days after notice by the city that graffiti exists.

f.

It is securely mounted on the concrete slab as originally installed. The base plate shall be sealed with waterproof caulking or sealant.

g.

The area surrounding the newsrack shall be maintained in a neat and orderly condition free of trash and debris.

(10)

Any damage to public property occurring as a result or consequence of the placement, installation, operation, maintenance or removal of a newsrack shall be the responsibility of the permit holder.

(Ord. No. 05O-09-185, § 7, 9-26-05)

Note— Exhibits 1 and 2 are not included herein, but are on file and available for inspection in the office of the city clerk.