§ 464.20. Purpose and criteria.

The purpose of this chapter is to promote the public health, safety and welfare through the regulation of placement, type, appearance and servicing of newsracks on public rights-of-way so as to:

(a)

Provide for pedestrian and driving safety and convenience, and comply with local, state or federal handicapped accessibility regulations.

(b)

Restrict unreasonable interference with the public use of the public right-of-way and with the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.

(c)

Provide for the safety of people and property during periods of heavy snow, storms, and other adverse weather conditions, and for the proper functioning of the city's safety and sanitation forces.

(d)

Provide reasonable access:

(1)

For the use and maintenance of poles, posts, traffic signs or signals, hydrants, utility openings, delivery chutes, trash receptacles, bus or plaza benches, United States postal service mailboxes, parking meters and other public fixtures; and

(2)

To locations used for public transportation purposes.

(e)

Relocate and/or replace newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, both public and private, as well as to remove abandoned newsracks.

(f)

Maintain and protect the values of surrounding properties, and protect and preserve public property.

(g)

Reduce unnecessary exposure of the public to personal injury or property damage.

(h)

Treat all publications equally regardless of their size, content, circulation, or frequency of publication.

(i)

Maintain and preserve freedom of speech and freedom of the press.

(j)

Protect and enhance the city's attraction to residents, tourists and visitors, and serve as a support and stimulus to business and industry, by enhancing the visual and aesthetic character and interest of the city. (2008-Or-104, § 1, 12-12-08)