CHAPTER 4: PUBLIC AREA REGULATION
Article 5. VENDING MACHINES, DISPLAY MERCHANDISE, NEWSRACKS, AND OTHER SIDEWALK OBSTRUCTIONS.
Section 4501. Declaration.
The City of Frankfort declares that the uncontrolled placement of newsracks, vending machines, display merchandise, and other similar obstructions on streets and sidewalks presents a hazard to the safety and welfare of people using the streets and sidewalks and creates an aesthetically displeasing environment.
Section 4502. Definitions.
4502.1 "Display Merchandise" means any product or sample of a product which is offered for sale to the public.
4502.2 "Newsrack" means any vending machine whose purpose is to dispense newspapers, magazines; or. other communicative material.
4502.3 "Vending Machine" means any self-service or coin operated structure whose purpose is to dispense any product. Examples of vending machines are telephones, pop and cigarette machines, pinball machines, amusement devices, scales, and newsracks.
Section 4503. Placement of Vending Machines, Display Merchandise, and Sidewalk Obstructions.
4503.1 No person shall place any vending machine or display merchandise in any public area, as defined by Section 4101, without the permission of the City Council, except that newsracks may be placed on public areas under Section 4504.
4503.2 No person shall place any vending machine or display merchandise on private property so that it protrudes more than 36 inches into the sidewalk, as defined by Section 4101.2, or into any paved area within any street right-of-way, except that newsracks may be placed under Section 4504, and display merchandise may be placed on the sidewalk or within a street right-of-way for special events, such as the annual street sale, which are authorized by the Council, in such locations and under such conditions as the Council may prescribe.
Upon written application, the Council may also permit the placement of display merchandise which protrudes more than 36 inches into the sidewalk or a paved area within the street right-of-way, if the Council determines that one of the following conditions exists:
a. There are practical difficulties or unnecessary hardships resulting from the physical characteristics of the property in question which make it unfeasible to carry out the strict letter of this section. Increased financial return to the applicant shall not be considered just cause for a permit under this section.
b. There are exceptional or extraordinary circumstances or conditions which apply to the property in question which do not apply to other properties in the vicinity and which have not resulted from acts of the applicant subsequent to the adoption of this section.
Any permit granted under this section shall:
c. Not be contrary to the public interest or the general intent and purpose of this section.
d. Not permit the establishment of a use, condition, or activity which is prohibited by another chapter of this Code.
e. Not cause substantial adverse affect to properties located in the immediate vicinity.
f. Relate only to property that is described in the application for the permit,
g. Not allow placement prohibited by Section 4503.4.
In granting a permit, the Council may specify, in writing, such other conditions regarding the placement of merchandise that will, in the Council’s judgment, be reasonably necessary to further the intent of this section and protect the public interest. Breach of any such conditions will automatically invalidate the permit. Each permit shall be valid for two (2) years from the date granted or until the applicant no longer occupies the property, whichever occurs first.
4503.3 No more than two (2) vending machines shall be placed in front of any business establishment having a width of one hundred (100) feet or less, measured along the sidewalk or street right-of-way. Groups of vending machines shall be placed at least one hundred fifty (150) feet apart.
4503.4 No vending machine, newsrack, display merchandise, or other object which protrudes more than one inch above the level of the surrounding sidewalk shall be placed:
a. within fifteen (15) feet of any fire hydrant, fire or police alarm box, or other emergency facility;
b. within fifteen (15) feet of marked crosswalks or driveways;
c. within thirty (30) feet of the curb intersection of any two streets, except as provided in Section 4503.5;
d. within three (3) feet of any area improved with lawn, flowers, shrubs, or trees, except as provided in Section 4503.5;
e. within five (5) feet of the door of any building;
f. so as to reduce the width of the sidewalk or other clear space for pedestrian access to less than four (4) feet.
If there is a conflict between section 4503.2 and this section, this section shall control.
4503.5 The City has planted trees within the sidewalk at varying intervals on Main Street between Third and Sixth Streets. The owner or occupant of property adjoining the sidewalk in which a tree has been planted may plant flowers or place other decorative landscaping material within a circle extending twelve inches from the tree, unless the City landscapes or otherwise improves this area.
Other seasonal landscaping devices such as portable planters or flower boxes, may be placed on sidewalks with the permission of the Council, in places where the Superintendent determines they do not constitute a hazard to pedestrian or vehicular traffic.
4503.6 All portable objects, including vending machines and newsracks, and all landscaping materials, which do not meet the requirements of this section shall be removed by the person responsible for their placement within 30 days after the effective date of this ordinance. If the responsible person fails to do so, the City may remove the object at the person’s expense. This provision shall not apply to existing light and utility poles, fire hydrants, public mailboxes, or other similar objects which serve a public function.
Section 4504. Procedure for Placement of Newsracks
4504.1 Permit Required. No person shall place, maintain, or operate any newsrack which is located completely or partially on, in, or above any public area, as defined by Section 4101, without a permit.
4504.2 Applications for Permits. Applications for newsrack permits shall be made on forms supplied by the Superintendent and shall contain the name and address of the applicant, the proposed specific location of each newsrack, and the name, address, and telephone of a local agent for the applicant. All applications shall be granted or denied within seven (7) days after their receipt by the Superintendent. The Superintendent shall grant a permit if the proposed location complies with the restrictions of Section 4505.
4504.3 Fees. When a permit is granted, the applicant shall pay an initial permit fee of $25.00. A permit is valid for one (1) year and may be renewed automatically upon payment of a renewal fee of $15.00, so long as the newsrack complies with all provisions of this article.
4504.4 Denial of Application. If an application is denied, it shall be denied in writing with a statement of reasons for the denial.
4504.5 Conditions of the Permit. As a condition of all permits, the person to whom the permit is granted shall agree to indemnify the City and its officers and employees against any loss or damage sustained by any person as a result of the installation, use, or maintenance of the newsrack for which the permit is granted, and shall maintain liability insurance naming the City as an additional insured in an amount of $10,000 per person and $20,000 per occurrence. The holder of the permit shall furnish a copy of the liability insurance policy to the City within thirty days after the permit is issued and shall furnish evidence of insurance annually thereafter.
4504.6 Standards for Maintenance and Installation of Newsracks. Any newsrack which rests completely or partially on, in, or above any public area shall comply with the following standards:
a. No newsrack shall exceed five (5) feet in height, 30 inches in width or 30 inches in depth.
b. No newsrack shall be used for advertising or publicity purposes other than for the display, sale, or purchase of the newspaper or periodical sold in it.
c. Each newsrack shall be quipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he or she is unable to receive the publication paid for. The coin return mechanism shall be maintained in good working order.
d. Each newsrack shall have affixed to it in a readily visible place a notice setting forth the name and address of the distributor and a telephone number to call to report a malfunction or to secure a refund if the coin return mechanism malfunctions.
e. Each newsrack shall be maintained in a neat and clean condition and in good repair, including:
1) being reasonably free of dirt, grease, chipped or peeling paint, rust, or corrosion;
2) the plastic or glass parts unbroken and reasonably free of cracks, dents, or blemishes;
3) the structural components unbroken.
Section 4505. Location of Newsracks
4505.1 Any newsrack which rests completely or partially on, in, or above any public area shall comply with the provisions of this section.
4505.2 No newsrack shall be placed so as to project into the roadway of any street, as defined by Section 1.030 of the Uniform Traffic Code.
4505.3 No newsrack shall be chained, bolted, or otherwise attached to any fixture, except to other newsracks.
4505.4 All newsracks shall be anchored so as to prevent their overturn.
4505.5 No newsrack shall be placed in any location prohibited by Section 4503.4, except that if compliance with these restrictions would prohibit the placement of any newsracks for a distance of 150 feet, the City Superintendent shall designate an area within that distance on which newsracks may be placed.
4505.6 Newsracks may be placed next to each other, but no group of newsracks shall extend for a distance of more than four (4) feet along a curb, and a space of at least fifty (50) feet shall separate each group of newsracks.
Section 4506. Removal of Newsracks.
If any newsrack violates any provision of this article, or if the conditions of any permit are not met, the Superintendent may issue a corrective order pursuant to Section 3303, giving the holder of the permit seven (7) days to remedy the violation. If the violation is not corrected within seven (7) days, the City may remove the newsrack.
Section 4507. Revocation.
If a newsrack is removed pursuant to section 4506, or if more than three corrective orders are issued pursuant to Section 4506 to any holder of a permit, all permits held by that entity shall be revoked.
Section 4508. Abandonment of Newsracks.
In the event that any newsrack remains empty for a period of 30 continuous days, it shall be considered abandoned and may be treated in the same manner as provided by section 4506 for newsracks violating the provisions of this article.
Section 4509. Judicial Review.
Any person aggrieved by any decision of the Council or Superintendent under this article may appeal the decision to the Circuit Court by filing a petition for an order of superintending control within sixty (60) days from the date of decision.