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<br />WHEREAS, the uncontrolled placement of newsracks in public rights-of-way does not <br />support the investment that the City has made to beautify its infrastructure; and <br /> <br />WHEREAS, the City Commission finds that there is a need to regulate and establish <br />procedures regarding installation, placement, size, maintenance and appearance of newsracks <br />within the City as such regulations and procedures will promote the health, safety, aesthetics and <br />welfare of the citizens and visitors, as well, in supporting the revitalization and development of <br />the City; and <br /> <br />WHEREAS, the purpose of this Ordinance is to establish a comprehensive set of <br />regulations applicable to newsracks and the public rights-of-way and on other private property; <br />and by doing so to advance and improve safety and aesthetics by controlling the Size, <br />construction, placement and appearance of newsracks; and <br /> <br />WHEREAS, it is not the intent of this Ordinance to in any way discriminate against, or <br />interfere with the publication, circulation, distribution or decimation of any newspapers within <br />the City limits. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. <br />reference. <br /> <br />Recitals. The recitals set forth hereinabove, are hereby incorporated herein by <br /> <br />Section 2. Purpose. The purpose of the following is to promote the public health, safety and <br />welfare through the regulation of placement, type, appearance, servicing, and ensurance of <br />newsracks on public rights-of-way so as to: <br /> <br />(a) <br /> <br />(b) <br /> <br />(c) <br /> <br />(d) <br /> <br />(e) <br /> <br />N ewsrack Ordinance4 <br />9/5/02 -3:10 PM <br />A:/HO/Disk llA <br /> <br />Provide for pedestrian and driver safety and convenience. <br /> <br />Restrict unreasonable interference with the flow of pedestrian or vehicular <br />traffic, including ingress into or egress from any residence or place of <br />business, or from the street to the sidewalk by person( s) exiting or <br />entering parked or standing vehicles. <br /> <br />Provide for public and property safety during hurricane conditions. <br /> <br />Provide reasonable access for use and maintenance of poles, posts, traffic <br />signs or signals, hydrants, mailboxes and access to location use for public <br />transportation purposes. <br /> <br />Relocate and/or replace newsracks which result in visual blight and/or <br />excessive space allocation on the public rights-of-way of which <br />unreasonably detract from the aesthetic of store window displays, adjacent <br />landscaping and other improvements, as well as to have abandoned <br />newsracks removed. <br /> <br />2 <br />