623:0

City Code: 623:0

Section 623 - Newsstands on Public Sidewalks

Section 623:00. Declaration of Policy.

Subd. 1. The City Council recognizes that under the provisions of the First Amendment to the United States Constitution, and Article I, Section 3, of the Constitution of the State of Minnesota, a person has a right to distribute or vend newspaper and periodicals on the public sidewalks within the City. Further, that the City may restrict the time, place and manner of the exercise by a person of the right to do so, only for a reason which is directly related to the preservation of public health, safety and welfare. That if such a restriction is imposed, it should be no more stringent than required to accomplish the purpose of protection of the public health, safety and welfare.

Subd. 2. Findings. The City Council finds that the unrestricted placement of unattended devices on the public sidewalks in the City to distribute or vend newspapers and periodicals has the potential to threaten the health, safety and welfare of the public; and, to interfere with the City's responsibility to provide a safe place for pedestrians, protect public facilities already in place therein, and to provide the City and adjacent property owners the opportunity to properly maintain the sidewalks in good condition. Therefore, the regulations set forth in this ordinance are established to set standards governing the placement of unattended devices designed to vend or distribute newspapers and periodicals on the public rights-of-way of the City.

Section 623:05. Prohibition. No person shall vend or distribute newspapers or periodicals from an unattended dispensing device on the public sidewalk if the device is placed on the sidewalk in violation of any of the regulations set forth in this ordinance.

Section 623:10. General Provisions.

Subd. 1. No unattended newspaper or periodical dispensing device shall be placed:

a. within six (6) feet of any fire hydrant, or fire alarm box, ornamental street light pole, utility pole, traffic signal or any traffic control device post, building entrance/exit doors so as to interfere with access to business.

b. or attached in any manner to any fire alarm box shaft, ornamental street light pole, utility pole, traffic signal or any traffic control device post;

c. where it projects beyond any curb line onto the roadway;

d. within three (3) feet of any crosswalk;

e. within three (3) feet of any curb return at any intersection;

f. within three (3) feet of the curb return of any driveway;

Section 623:10, Subd. 1. g.

g. within three (3) feet of the approach to any sign marking a designated bus stop, or any designated loading space or three (3) feet forward of such sign;

h. where it restricts access to a designated vehicle loading or unloading area;

i. in any handicap access ramp;

j. in such a manner as to reduce the clear space for the passageway of pedestrians using the sidewalk to less than eight (8) feet in the central business district, or four (4) feet in areas where the sidewalk is six (6) feet or less in width.

k. on any boulevard or other place planted with lawn, flowers, shrubs or trees.

l. so that it is bolted or permanently attached to the sidewalk surface;

m. so that it is weighted down or anchored by any device or material which is not an integral and attached component of the dispensing device, or which is readily separable from the device by an unauthorized person or by weather conditions.

Subd. 2. A dispensing device shall only be placed adjacent to the wall of a building, and shall be placed parallel to said wall and shall not project more than thirty (30) inches into the right-of-way. Where there is no building adjacent the right-of-way, placement shall be made as far as possible, within the right-of-way, from the center line of the right-of-way.

Section 623:15. Maximum Size. An unattended automatic dispensing device for newspapers or periodicals shall not exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in depth.

Section 623:20. Use and Appearance. An unattended dispensing device for newspapers and periodicals shall be used solely for the distribution of newspapers, magazines and other printed materials and shall be maintained by the applicant in a state of good repair and neat appearance. In addition, the name, address and phone number of the owner of said device or a person responsible for maintenance shall be legibly displayed thereon.

Section 623:25. Severability. If any section, subsection, sentence, clause or other part of this ordinance should be adjudged void or of no effect, such decision shall not affect the validity of any other portions of this ordinance.

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