13.06.010 Findings and purpose.
A. There is a substantial governmental interest in promoting the public health, safety, welfare and convenience by ensuring use of the public rights-of-way without unreasonable interference.
B. The public health, safety, welfare and convenience require that:
1. Unreasonable interference with vehicular or pedestrian traffic be avoided;
2. Obstruction of views of traffic, traffic signs and pedestrians be eliminated;
3. Damage to sidewalks and streets be minimized and repaired;
4. The go od appearance of the public streets and grounds be maintained;
5. Trees and other landscaping be allowed to grow undisturbed;
6. Access to emergency and other public facilities be maintained; and
7. Ingress and egress from properties adjoining public rights-of-way be maintained.
C. The unregulated placement of standalone newspaper boxes in public rights-of-way may unreasonably interfere with use of the public rights-of-way, and may present hazards to persons or property.
D. The city has a substantial governmental interest in preserving the unique aesthetic character of the Central Business District and preventing unreasonable interference and obstruction with vehicular or pedestrian traffic.
E. Use of public rights-of-way for the sale and distribution of newspapers and other publications from newspaper boxes or similar structures is constitutionally protected.
F. The purpose of the regulations set forth in this chapter is to ensure that the placement and appearance of shared structures and newsracks in the public rights-of-way do not unreasonably interfere with the public health, safety and convenience, to preserve the aesthetic character of the Central Business District and to prevent unreasonable interference and obstruction with vehicular or pedestrian traffic.
G. It is intended that the provisions of this chapter, and compliance with such provisions, shall be consistent with the requirements of the Americans with Disabilities Act and related laws.
H. The regulation of shared structures and newsracks as set forth in this chapter provides the least intrusive and burdensome means for ensuring the purposes stated in this section are carried out while still providing ample opportunities for the distribution of news, opinion and information to the public.
I. This chapter is not intended to regulate the placement of shared structures and/or newsracks on private property or property under the jurisdiction of any public agency other than the city.
(Ord. 2197 NCS §l (part), 2004.)