464.100. - Specific prohibitions.
No newsrack shall be installed:
(a) Within three (3) feet of any marked crosswalk.
(b) Within three (3) feet of any unmarked crosswalk as defined in Minn. Statute (2008), Section 169.011, Subdivision. 20(1).
(c) Within ten (10) feet of any fire hydrant, fire call box, fire stand pipe, police call box or other emergency facility.
(d) On a public right-of-way where it is crossed by a public or private driveway or alley, or within five (5) feet of such public or private driveway or alley crossing, or within five (5) feet of the end of radius or side slope of such public or private driveway or alley crossing where the public or private driveway or alley enters any street or highway.
(e) Within five (5) feet ahead of, and twenty-five (25) feet to the rear of any official public transit bus sign marking a designated bus stop, measured along the edge of pavement.
(f) In or within five (5) feet of the curb in any marked truck zone, passenger loading zone, van pool loading zone, handicapped transfer zone, valet parking zone, or ambulance loading zone.
(g) Within three (3) feet of any bus bench, bus shelter, or plaza bench.
(h) At any location whereby the clear space for passageway of pedestrians is reduced to less than five (5) feet. Provided, however, that in those areas with maximum sidewalk widths on any block side of less than seven (7) feet six (6) inches, the clear space for passageway of pedestrians shall be the maximum amount possible while complying with the other provisions of this chapter, but in no event shall the clear space for passageway of pedestrians be less than four feet. In those areas with maximum sidewalk widths on any block side of less than seven (7) feet six (6) inches, there shall be no more than four (4) total newsracks on the same side of the same block whereby the clear space for passageway of pedestrians is reduced to less than five (5) feet.
(i) On any lawn or on or within twelve (12) inches of any area improved with a hedge, a boulevard garden, or flowers, or within three (3) feet of any tree.
(j) Within one and one-half (1½) feet from any 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 purpose, unless permission has been obtained from the party having legal authority over the window, or within four (4) feet of a building entrance.
(k) On, attached to, or within two (2) feet of any traffic sign or signal, street light, hydrant, United States Postal Service mailbox, or parking meter.
(l) Chained or bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object if the property owner objects. Provided, however, that only attachment devices that do not damage the property, such as coated chains or cables, shall be used and that by attaching to such property the newsrack owner expressly agrees that the property owner may revoke the permission and may remove the chains or cables without notice and without cause at any time.
(m) By being chained to more than three (3) other newsracks. A maximum of four (4) newsracks may be chained or physically joined together in banks if each of them complies with the requirements of this chapter, and they are joined together in a manner that does not present a hazard to the public. Any bank of four (4) newsracks, whether chained or unchained, that are placed on the curb or street side of a sidewalk must be at least three (3) feet from any other newsrack, except when located within a newsrack corral pursuant to section 464.95.
In heritage preservation districts, no more than three (3) newsracks may be chained or physically joined together.
(n) In violation of local, state or federal handicapped accessibility regulations.
(o) That exceeds thirty-six (36) inches in height and is within a distance of twenty (20) feet from the nearest curb of any intersecting street as measured from a straight line extension of the nearest curb of the intersecting street prior to the beginning of the corner curb section. If there is no curb on the intersecting street, the measurement shall be made from the nearest improved surface of the intersecting street. For the purposes of this paragraph, the height limitation does not include the height of a coin box or other attachment that is attached to the top of the newsrack that is nine (9) inches in width or less and eight (8) inches in depth or less. For purposes of this paragraph, lock guards, lock sleeves, rain-guards, coin-return buttons, and other small protuberances from the coin box or other attachment will not be included in the measurements of the coin box or other attachment.
(p) That exceeds thirty-six (36) inches in height and is within a distance of ten (10) feet from any curb cut of any alley intersecting a street. In the absence of a curb, the measurement shall be made from the nearest improved surface of the intersecting alley. For the purposes of this paragraph, the height limitation does not include the height of a coin box or other attachment that is attached to the top of the newsrack that is nine (9) inches in width or less and eight (8) inches in depth or less. For purposes of this paragraph, lock guards, lock sleeves, rain-guards, coin-return buttons, and other small protuberances from the coin box or other attachment will not be included in the measurements of the coin box or other attachment.
(q) Over, above or on top of any public utility opening, delivery chute, areaway access or other access through the right-of-way.
(r) Upon any parkway, unless the adjacent property is primarily devoted to commercial or industrial uses.
(s) Within five (5) feet of the approved seating area of a permitted sidewalk cafe if the sidewalk cafe is set up.
(t) Within two (2) feet of any garbage or litter container or receptacle. (2008-Or-104, § 1, 12-12-08; 2009-Or-109, § 1, 10-16-09)