HomeMy WebLinkAbout1999-20 To Provide for the Regulation of Newsracks Located on Public Property and Design Review Guidelines for Newsracks Located on Private Property Within Certain Designated Areas of Vail Village and Lionshead. '
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ORDINANCE NO. 20
SERIES OF 1999
AN ORDINANCE TO PROVIDE FOR THE REGULATION OF NEWSRACKS
LOCATED ON PUBLIC PROPERTY AND DESIGN REVIEW GUIDELINES FOR
NEWSRACKS LOCATED ON PRIVATE PROPERTY WITHIN CERTAIN
DF,SIGNATED AREAS OF VAIL VILLAGE AND LIONSHEAD.
WIIIRI:;AS, the Town of Vail owns certain real property including public right-of way,
sidewalks, parking areas, streets and other improvements in Vail Village and Lionshead; and
WtII;RIAS, the primary intended use of this property is the movement of people and
vehicles and the Town considers these properties and its interest thereinto be valuable assets, which
it intends to control by regulation and not have appropriated by private enterprise; and
WEII;RI;AS, the Town has an obligation to the public to ensure reasonably unobstructed
passage over City-owned and other publicly owned property in a clean, safe and orderly manner; and
WI-IT;REAS, the Town has an interest in the aesthetic design of any improvements on its and
other publicly owned properties; and
WHLRI~AS, inappropriately located and designed newsxaelcs may pose a significant hazard
anci annoyance to pedestrians, adjoining land owners, and vehicles; and
WIII;ItL:AS, inappropriately located or designed newsracks may interfere with the necessary
and required maintenance of public improvements and public areas; and
WHEREAS, inappropriately located, designed andlor maintained newsracks can negatively
impact the: aesthetics of Town-owned and other pz~blicly owned property; and
WljI~RLAS, the uncontrolled construction, placement and maintenance of newsracks
canreasonably interferes with the public's right of safe and unobstructed passage and tends to
physically and visually clutter the public right-of--way and required setbacks; and
WHI~Ri~'AS, such newsrack placement, constx~~ction and maintenance must meet certain
requirements of location and design in relation to the aesthetics and other uses of the Town-owned
property and public right-of way; and
WI-IERLAS, the areas of Vail Village and Lionshead are particularly congested and
important areas that require both an aesthetically pleasing and functional design, as well as the
regulation of'the use of Town owned property and public right-of--way; and
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Wl-IERI;AS, the Town currently regulates the use of Vail Village and Lionshead area by
designation o#'pedestrian areas limiting motorized traffic in order to provide an orderly and safe area
l:ar pedestrians; and
WIIERI~,AS, the Town has endorsed and contributed heavily to the beautification of the Vail
Village a~ld I.,ionshead areas to create an aesthetically pleasing and harmonious street scope that also
.functions safely and efficiently; and
WIIERI;AS, the use of street and public right-af-way for cozximercial enterprise has
historically been strictly limited to preserve the streets for public purposes, regulate aesthetics and
efficiency, and to avoid the appropriation of public property for private interests; and
WI Cl/RI;AS, distribution of newspapers through newsracks has been a limited exception
allowed in the Vail Village and Lionshead district in order to accommodate the convenience of
dissemination ai'the news to encourage and inform the citizenry; and
WHGRGAS, the Town finds that materials distributed through newsracks have other charurels
of distribution including, but not limited to, home or office distribution, personal, delivery,
newsstands on private property and at retail outlets; and
WHL,RCAS, the Town has no intention of regulating the content of publications distributed
through newsracks that is protected by the First Amendment to the United States Constitution and
by the Constitution of the State of Colorado; and
WHEREAS, the Town does not intend to impose any prior restraints on materials protected
by the First An~endrnent; and
WHLRI~AS, the Town believes that certain existing newsrack locations outside of the Vail
Village and Lionshead areas and on City owned and other public right-of way should be allowed to
continue in operation; and
WI-II~~RrAS, the 'l'awn finds that certain existing newsracks in Vail Village and Lionshead
a~-e4is that do not comply with the provisions of this ordinance should be removed or brought into
compliance within a reasonable time, as appropriate under this ordinance; and
WHI;RF,t1S, the Town finds the following regulations of time, place and manner as they
relate to the newsracks on Town-owned property and public right-of"way to be an appropriate
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halanec of the compelling governmental interests of public safety, health, aesthetics and public
ownership with the competing interests of free speech.
NOW THEREFORE, BE IT ORDANED BY THE CITY COUNCIL OF THE TOWN OF
VnII,, CO1..ORADO, THAT:
Section 1. Title S, Public Ways and Property of the Town of Vail Town Code is hereby
amended by adding a new Chapter 6, as follows:
l;-G-l: Definitions.
`l'he following words, when used in this chapter, shall have the meanings ascribed to them
in this Sectian, except in those instances where the context clearly indicates otherwise:
Lionshead: Means and includes that area of Lionshead delineated upon a map entitled
"Lionsltcad Newsrack Boundary" and maintained in the office of the Town Clerk and
generally including the area bounded on the north by the South Frontage Road west, on the
east by tlae Evergreen Lodge and Vail Valley Medical Center, on the south by Gore Creek
and on the west by Lionshead Place.
Newsracks: Means and includes any self service or coin operated box, container, rack,
structure or other dispenser used or maintained for the distribution of newspapers, mews
periodicals, or other printed matexial.
Public Wav: Means and includes a public street, easement, right of way, highway, alley, way,
place, road, or bike path; and any non-exclusive utility easerx~ent.
Public Works: The Public Works Director of the Town or designated representative.
Town Mana~:er: The Town Manager of the Town or designated representative.
Vail Villa~:e: Means and includes that area of Vail Village as delineated upon a map entitled
"Vail Village Newsrack Boundry" and maintained in the office of the Town Clerk. and
generally including the area bounded on the north by the Sorrth Frontage Road east, on the
cast by Vail Valley Drive, on the sorrth by the northern boundary of Track E and Parcel C
and on the west by Vail Road.
8-6-2: Newsracks Resulated.
[t shall he unlawful to place or maintain a newsrack on property owned by the Town of Vail
or ova other publicly owned sidewalks or rights-of--way without complying with the provisions of this
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chapter regulating size, color, maintenance, location, and liability for newsracks in Vail Village and
I.ionshead.
8-G-3: Newsracks Allowed Only in Specified Areas.
A. Ncwsracks on Town owned property or on publicly owned right-ol~way shall be
[awl:ul within Vail Village and Lionshead, as those areas are defined and amended by ordiiaance from
time to time, at specific locations approved by Public Works. Such locations must meet the
following criteria:
1. Public Safety:
a. 22 foot minimum street width.
h. 6 foot minimum sidewalk width.
c. does not block ingress/egress of doorway, walkway, stairway etc.
d, minimum distance to fire hydrant seven (7) feet to side or rear, 14 feet to
fiont.
e. does not block or impede fire lane.
2. Pedestrian and Vehicular Traffic:
a, 22 foot minimum street width.
b. 6 foot minimum sidewalk width.
c. does not block ingress/egress of doorway, walkway, stairway etc.
d. does not block or impede parking or loading/delivery space.
3. Maintenance:
a. 22 foot minimum street width.
b. b foot minimum sidewalk width.
c. does not block access to trash receptacle, dumpster, mailbox, ~nan hole,
water valve etc.
d. does not block access to flower bed or other landscape area.
e. does not block or impede street sweeping, snow removal or snow
storage/loading operations.
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4. Aesthetics:
a. does not impact established view corridor or acknowledged "post card"
tmage.
b, does not visually detract from or block store front or shop window.
c. does not visually block flower bed or. other landscape area.
d. does not exceed the designated dimensions of the site.
e. is not a site with a grade that exceeds 5% in any direction.
13. 'I"he number of newsrack locations in Vail Village and Lionshead is not limited by
tiny specific nrunber, however, all locations must meet and he consistent. with the criteria established
ahovc in Section A.
C. Newsracks located within the Town of Vail outside of Vail Village and Lionshead
znay remain in their present locations subject to other relevant provisions of this chapter and code.
K-G-4: Permit Required.
It is unlawful For any person to distribute or display for distribution airy newsrack in the
l.ianshead Newsraclt Boundary or the Vail Village Newsrack Boundary without first securing a
permit franc the Town for each separate distribution location. Such permit, which will be issued by
the 'Town Manager, shall be pursuant to the requirements of this Chapter and such Rules and
Regulations as established by the Town Manager. There shall not 6e any rental charge or charges
for the distribution locations. However, there may be cost recovery payments required for costs
incurred by the "C'own for construction of newsrack cabinets andlor distribution mechanisms.
~-E~-S: Newsrack Specifications.
As established and described in the Town of Vail Development Standards.
8-6-(i: Maintenance of Newsracks.
flnyone using, operating, placing or maintaining a newsrack on Town owned property or
publicly owned right-ot=way shall be responsible far the maintenance and upkeep of his/her
respective racks. Such maintenance slzall include, but not be limited ta, painting, disposing o£trash
atxd debris in the vicinity of the newsrack, working operation, and adequate anchorage. Faihrre to
adequately maintain any newsrack resulting in failure to comply with. the aesthetic intentions and
goals of this chapter will subject the affected newsrack to removal by the Town.
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5-6-7: I-fold harmless.
1lnyone owning, maintaining, placing, using or leasing a newsrack on Town owned property
or publicly awned right-af=way shall indemnify, defend and hold the Town, its officers and
anployees (armless for any loss or damage, including attorneys' fees, arising out of use, placement,
m~~intenance, or leasing of such newsrack (s).
S-G-S: Insurance Rcauirements.
Anyone owning, placing, leasing, using or maintaining a newsrack on Town owned property
or publicly owned right-of-way shall maintain Iiability insurance with a company insuring against
all liability that the owner, lessor or user of the newsrack may incur by virtue of the placement, care,
use, operatio~i and existence of the newsrack. This insurance shall have limits of $500,000.00. The
insurance shall name the Town as an additional insured and shall not be cancelable without 30 days
prior written notice to the "I"own. In lieu of such insurance, a waiver of such insurance may be
obtained from the Director of Public Works upon a showing, acceptable to the Town Attorney, that
such person has sufficient unencumbered assets available for attachment and execution to satisfy any
judgement that would be rendered against it, up to and including $500,000.00. Evidence of
insurance or evidence of sufficient assets, as the case may be, shall be provided to the Director of
Public Works on an annual basis. Failure to comply with this provision will subject the newsrack
to immediate removal by the Town.
S-f>-9: RiLlrts CYranted.
'l he approval of` any location far use as a newsrack shall not be construed as granting the user
any .right or interest to or in the property owned by the Town. The rights granted by this chapter are
merely a license to use the property for permitted purposes, subject to the previsions of this chapter.
8-G-10: Non-Lmeraencv Newsrack Removal.
A. Notice. If at atiy time it is determined by the Town that a newsrack is not in compliance
with the recluircments of this chapter, a "Notice of Intent to Remove" shall be issued, in writing, and
affixed to the effected newsrack. Suc11 notice will state the violation {s) that constitute the basis of
the proposed removal. The notice shall contain the date, time and place for a hearing to be held
befi~re removal.
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13. I~carint;. 'The hearing shall be held not less than ten (1 D) days after the date of service of
notice. Prior to the hearing, the newsrack owner or user may file a written response to the notice
specie ically setting forth the reason or reasons the newsrack should not be removed. At the hearing,
the Director oI' Public Works or his designee shall determine whether the newsrack complies with
the provisions of this chapter. h~ the event the Director of Public Works or his designee finds the
newsrack is not iu compliance with this chapter, the newsrack shall be removed by the owner or user
within 10 days or otherwise brought into compliance. If the newsrack is not removed, as required,
the `['own may consider the newsrack abandoned, remove the newsrack, and dispose of it as if it were
other surplus property of the Town.
C. nppeal. Any decision or order may be appealed to the Town Manager. Any appeal shall
be filcci within 1 Q days after the decision of the Director of Public Works or his designee and shall
specify the basis of the appeal. The Town Manager shall consider the appeal on the written
submissions only.
$-(i~ 1 1: Emer~enev Newsrack Removal.
A. Removal. In the event that it is determined by the Town that the location or operation of
the newsrack constitutes an immediate physical threat to public life, safety, or health, the newsrack
may he removed by the 'T`own immediately without any prior notice or hearing. This provision shall
-•-ot be enforced in any way related to the content or expression of the material distributed by the
newsrack.
B. l~lotice and Hearing. In the event of such an emergency removal, the Town shall
immediately contact the newsrack's owner or user, if know, and inform the representative of the
removal and the reason (s) therefore. If requested by the representative, the Town shall hold an
immediate hearing before the Director of Public Works or his designee to determine whether or not
the removed newsrack constituted an immediate threat to the public's life, ,safety, and health. In the
evens the Director of Public Works or his designee determines that the newsrack did not constitute
such an immediate threat, the Town shall immediately, at its own expense, replace the newsrack to
its origi~~al location. In the event that no immediate hearing is requested by the newsrack's owner
or user, a hearing as provided in Section S-6 ~, above shall be held.
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C. Appeal. Auy decision or order may be appealed to the Town Manager. Any appeal shall
be Filed in writizxg within ten {10} days after the decision of the director Public Works or his designee
and shall specif y tlxc basis for the appeal. The Town Manager shall consider the appeal based on the
written submissions only.
8~(i-12: [Izxauthorized newsracks.
Any newsrack on town-owned property or publicly-owned right-of-way, except those that
conxply with tlxc regulations of this chapter, shall be impounded by the Town without prior notice
or hearing. The 'town shall take reasonable efforts to determine the owner of the newsrack and shall
notify the owner of the iznpoundnxent. The owner of any impounded newsrack shall be responsible
for the expense of renxoval and storage of such newsrack. If the owner{s} fail to reclaim the
impounded newsrack and pay the expenses of removal and storage within thirty (30) days after
zx«ticc of inxpoundment, the newsrack nrzay be deemed unclaimed property and rrzay be disposed of
in tlxe same manner as other unclairrzed or surplus Town property.
K-(~-13: Non-complvin~ designs
Nc:wsracks located in Vail Village andlor Lionshead must comply with the provisions of this
ordinance, including desigzx and review guidelines, no later than newsrack cabinet installation
sequence which will begin in the Village in Septezxxber, 1999 and conclude in August, 24Q0. The
cabinet installatinn sequence is kept on file in the Department of Public Works. Faih~ze to corzxply
by tlxe dates indicated on the installation sequence calendar will result in the immediate removal and
disposal of any non-complying newsrack by the Town.
Section 2.
It' airy part, sectioza, subsection, sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
n~nre parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3.
The 'T'own Council hereby finds, determines, and declares that this ordinance is necessary and proper
lbr the health, safety, and welfare of the Town of Vail and the izxhabitants tlxereof:
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Section 4.
`l'he repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occzu•red prior to the effective date hereof; any prosecution commenced, nor any
other acticzn or proceeding as commenced under or by virtue of the provision repealed or repealed
and reenacted. 'The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section S.
All bylaws, ordc;rs, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby
repealed to the extent only of such inconsistency. The repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
()N FIRST R1sADING this 17th day of August, 1999, and a public hearing shall be held on this
Ordinance on the 7th day of September, 1999 at 7:00 p.m.
Municipal Building, Vail, Colorado.: ~ _~ ,
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I,lei D naldson, Town Clerk
in the Coun ' hambers of th le Vail
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Robert E. Ford, Mayor
REf1D AND APPROVED ON SECOND READING AND ORDE PUBL ED ~`
,~~ ti~~,~t<.:E''t? this 7th day of Septemb~er;~1~9A~. ~~ .~`~
~~ ~ ~~~
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~; ~; ~ Hobert E. Ford, Mayor
A'I"PEST: (~
}} y~ y:
I_,oz~ei Donaldson, Town Clerk
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