Ordinance 16-2015 Streets, Sidewalks ORDINANCE NO. 16-2015
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 106, STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES; AT ARTICLE XIII, MOVEABLE
FIXTURES IN THE RIGHT-OF-WAY; AT SECTION 106-
291, CERTIFICATE OF COMPLIANCE REQUIRED; AT
SECTION 106-292, STANDARDS FOR NEWSRACK AND
MODULAR NEWSRACKS INCLUDING MAINTENANCE,
INSTALLATION AND LOCATIONS; AT SECTION 106-293,
PROHIBITED LOCATIONS; AT SECTION 106-294,
INSURANCE AND INDEMNIFICATION; AT SECTION 106-
296, ENFORCEMENT; AT SECTION 106-297, APPEALS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 106, Streets, Sidewalks and Other Public Places; Section 106-291,
Certificate of Compliance Required, at Section 106-292, Standards for newsrack and
modular newsracks including maintenance, installation and locations, at Section 106-
293, Prohibited Locations, at Section 106-294, Insurance and indemnification, at
Section 106-296, Enforcement, at Section 106-297, Appeals to read as follows:
"Sec. 106-291 — Certificate of compliance required.
The controlling entity of any newspaper, written periodical or
advertising circular distributed from any newsrack or modular newsrack
location within a public right-of-way within the town shall notify the chief of
police or his/her designee, in writing, of the location or change of location
of any such newsrack or modular newsrack by filing a certificate of
compliance in accordance with the provisions of this section no later than
14 days after the placement or relocation of the newsrack or modular
newsrack.
(1) Reviewing and enforcement authority. The authority responsible
for reviewing the certificates of compliance to verify compliance
with the ordinance provisions and enforcing the terms of this
article shall be the chief of police or his/her designee.
(2) Certification. The controlling entity shall file with the chief of
police or his/her designee a written certificate of compliance
which shall contain the following information:
a. The name, address and telephone number of the
controlling entity, which is the owner and/or principal
responsible for the newsrack(s) or modular newsrack(s).
b. The name, address and telephone number of a responsible
person whom the town may notify or contact at any time
concerning the controlling entity's newsrack(s) or modular
newsrack(s), including notification for enforcement
purposes.
c. The proposed location of the newsrack(s) or modular
newsrack(s).
d. Names of newspapers or periodicals to be contained in
each newsrack or modular newsrack.
e. A certification that the newsrack(s) or modular newsrack(s)
is (are) installed in conformance with the provisions of this
article in their entirety.
f. Executed indemnification agreement and insurance
certificate in compliance with section 106-291
More than one newsrack or modular newsrack location may be
included on a certificate of compliance.
(3) Denial of certificate of compliance. If a certificate of compliance
for a newsrack or modular newsrack location is incorrect, or the
newsrack or modular newsrack is not located, maintained, or
installed in conformity with the certification or this section, the
certificate of compliance shall be deemed denied, and an order
to correct the violation shall be issued pursuant to section 106-
296.
(4) Fees. The owner of any newsrack located on any right-of-way
within the town shall pay to the town an annual administrative
fee in an amount established by resolution adopted by the town
council, as may be amended from time to time, for each
newsrack located on the town right-of-way. Said fees shall be
used for purposes of defraying the costs of administering this
article and of inspection of newsracks and modular newsracks
located within the town.
(Ord. No. 19-98, § 1, 3-9-99; Ord. No. 34-10, § 2, 1-11-11)
"Sec. 106-292 — Standards for newsrack and modular newsracks
including maintenance, installation and locations.
(7) Locations.
Ordinance No,16-2015
a. Newsracks and modular newsracks shall be located only in
the following locations on town rights-of-way within the
town in a manner and location directed by the chief of
police or his designee:
1 Sunrise Avenue, southeast corner of Sunrise and
Bradley, south side of Sunrise. At this location
newsracks shall be located within the enclosure
provided by the town. In addition, a modular newsrack
may be located to dispense advertising circulars
and/or other publications which do not require a coin-
operated unit. A maximum of 12 newsracks shall be
located within the enclosure provided by the town,
and a maximum of 12 nonpaid publications may be
located in a modular unit at this location.
2. Sunset Avenue, northeast corner of Sunset and
Bradley, north side of Sunset. At this location
newsracks shall be located within the enclosure
provided by the town. In addition, a modular newsrack
may be located to dispense advertising circulars
and/or other publications which do not require a coin-
operated unit. A maximum of nine newsracks shall be
located within the enclosure provided by the town,
and a maximum of six nonpaid publications may be
located in a modular unit at this location.
3. North County Road, south side of Sunrise, west of
North County Road. At this location newsracks shall
be located within the enclosure provided by the town.
In addition, a modular newsrack may be located to
dispense advertising circulars and/or other
publications which do not require a coin-operated unit.
A maximum of eight newsracks shall be located within
the enclosure provided by the town, and a maximum
of eight nonpaid publications may be located in a
modular unit at this location.
4. South County Road in front of Mobil station, west side
of street. All newsracks and/or modular units shall be
placed in the enclosure provided by the town. A
maximum of six newsracks shall be located within the
enclosure provided by the town, and a maximum of
three nonpaid publications may be located in a
modular unit at this location.
Ordinance No.16-2015
5. South County Road, west side of South County Road
just north of Chilean Avenue. All newsracks and/or
modular units shall be placed in the enclosure
provided by the town. A maximum of five newsracks
shall be located within the enclosure provided by the
town.
6. South County Road between Worth Avenue and
Peruvian, east side of street. Modular units only, no
newsracks. A maximum of 21 publications may be
located within modular units at this location.
7. Peruvian, southeast corner of Peruvian and Coconut,
south side of street. At this location newsracks shall
be located within the enclosure provided by the town.
In addition, a modular newsrack may be located to
dispense advertising circulars and/or other
publications which do not require a coin-operated unit.
A maximum of eight newsracks shall be located within
the enclosure provided by the town, and a maximum
of seven nonpaid publications may be located in a
modular unit at this location.
8. Hibiscus between Peruvian and Chilean Avenue, east
side of street. At this location newsracks shall be
located within the enclosure provided by the town. In
addition, a modular newsrack may be located to
dispense advertising circulars and/or other
publications which do not require a coin-operated unit.
A maximum of seven newsracks shall be located
within the enclosure provided by the town, and a
maximum of four nonpaid publications may be located
in a modular unit at this location.
(8) The color of the modular newsracks shall have forest green
bases and forest green sides and doors.
(9) The controlling entity shall maintain each moveable fixture in a
neat and clean condition, and in good repair at all times. Each
moveable fixture shall be maintained so that:
a. It is free of graffiti.
b. It is reasonably free of dirt and grease.
C. It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof.
d. It is reasonably free of rust and corrosion in the visible
metal areas thereon.
Ordinance No.16-2015
e. The clear plastic or glass parts thereon, if any, through
which the publications are viewed are unbroken and
reasonably free of cracks, dents, blemishes and
discoloration.
f. The paper or cardboard parts or inserts thereof are
reasonably free of tears, and are not peeling or tearing.
g. The structural parts are not broken or unduly misshapen,
h. The surrounding area upon which the newsrack or modular
newsrack is placed will also be maintained in a neat and
orderly condition.
(10) The use of a bench for advertising purposes is strictly
prohibited.
(11) Any newsrack or modular newsrack being installed, placed or
maintained on a public right-of-way, street or sidewalk or other
public property shall be installed in a safe and secure manner
so as to prevent the newsrack or the modular newsrack from
being stolen or becoming a hazard in severe weather. At any
time the total weight of the newsrack or modular newsrack and
any weighting device shall not be less than 125 pounds.
(12) In the event of the issuance of a hurricane warning by any entity
with jurisdiction to issue such a warning, the newsrack shall be
secured to the ground or placed in such a manner so that the
newsrack is parallel to the ground.
(13) The town may order the removal of modular newsracks from
public rights-of-way and town property in order to serve as a
controlling entity of modular newsracks to ensure uniformity and
compatibility of style.
(14) Modular newsracks shall not be placed in a manner to obstruct
other modular newsracks.
(15) Moveable fixtures shall be installed and maintained by the
controlling entity or their agent or designee in conformity with
existing town ordinances. Any moveable fixture found to be in
violation of the town ordinances is subject to the enforcement
provisions of section 106-296 and subject to abandonment
where indicated by section 106-295
(Ord. No, 19-98, § 1, 3-9-99; Ord. No. 34-10, § 3, 1-11-11)
Ordinance No, 16-2015
"Sec. 106-293— Prohibited locations
(a) Landscaped areas, Moveable fixtures shall not be placed or installed
or erected on any landscaped area within an improved public right-of-
way or public property. The landscaped areas include, but are not
limited to, those areas in which the following ground cover material is
placed:
(1) Decorative plants; or
(2) Native plants maintained to match the surrounding flora.
(b) Public utilities. Moveable fixtures shall not be placed, installed or
erected to obstruct the use of any public utility pole or structure.
These areas are designated as follows:
(1) Drainage structures. Moveable fixtures shall not be physically
attached, chained or bolted to any drainage structure, inlet pipe
or other physical object meant to carry water for drainage
purposes.
(2) Utility poles. Moveable fixtures shall not be physically attached,
chained or bolted to a utility pole.
(3) Fire hydrants. Moveable fixtures shall not be located within 15
feet of a fire hydrant.
(c) Traffic control devices. Moveable fixtures shall not be physically
attached, chained, bolted or erected to obstruct the function of traffic
signals, traffic signs or pavement markings. These areas shall be
designated as follows:
(1) Traffic signals.
a. Moveable fixtures shall not be physically attached, bolted or
chained to a traffic signal pole,
b. Moveable fixtures shall not be placed in such a manner
which obstructs the free pedestrian flow to and from a
pedestrian traffic signal push button. In order to allow for the
free pedestrian flow, and handicap access, to and from
pedestrian traffic signal push buttons, moveable fixtures
shall be placed at least 36 inches away from such
pedestrian traffic signal push buttons.
(2) Traffic signs. Moveable fixtures shall not be physically
attached, bolted or chained to a traffic sign or post used for the
support of a traffic sign or signs.
Ordinance No. 16-2015
(d) Paved surfaces. No moveable fixture shall be placed, installed or
erected directly on a paved surface which is intended primarily for the
use of motor vehicles.
(e) Sidewalks. Moveable fixtures placed or maintained on a sidewalk
shall leave a clear area for traffic of not less than 40 inches.
(f) Clear zones. Moveable fixtures shall not be installed, placed or
erected within clear zones as defined in this section. Clear zones are
defined as follows:
(1) The area measured within four feet of the face of a six-inch
high vertically faced curb. Where the four-foot minimum is
impractical, the minimum may be reduced to two and one-half
feet.
(2) In all other locations, the moveable fixture shall be located no
less than ten feet away from the edge of the pavement. If there
is not ten feet available, the moveable fixture shall be located
as far away from the edge of the pavement as possible.
(g) Sight areas. Moveable fixtures shall not be placed, attached, installed
or erected within the sight areas defined in this section. For purposes
of this section, sight areas extend vertically from a point commencing
three feet above the pavement elevation, and encompass the
triangular area of property located at a corner formed by the
intersection of two or more public rights-of-way, with two sides of the
triangular area extending 25 feet from their point of intersection along
the edge of pavement, and the third side being a line connecting the
ends of the other two lines. (See Figure 1, attached to Ord. No. 19-
98). All obstructions to the required sight distance shall be removed
within the area shown in Figure 1.
(h) Other areas. Moveable fixtures shall not be placed, installed or
erected in any of the areas defined in this section.
(1) On any town property unless the location has been specifically
designated by the town manager or any authorized
representative.
(2) The area within the medians of a divided roadway.
(3) Newsracks or modular newsracks may not be placed in any
location other than those locations specified within section 106-
292 of this article. Where warranted by the quantity of
newspaper sales, the chief code compliance officer of police or
his or her designee may allow a double newsrack, not more
than 40 inches wide, otherwise complying with the
requirements of section 106-292
Ordinance No. 16-2015
(4) Additional newsracks and modular newsracks at the locations
described herein and locations in addition to those described
herein may be added subject to the consent of the chief of
police or his or her designee in the event warranted by
evidence provided by the publishers and distributors.
Application for additional newsracks and modular newsracks
and additional locations shall be made with the chief of police
or his or her designee and shall be acted upon by the code
enforcement manager within ten days of the date of the
application. In the event the code enforcement manager fails to
act, or in the event the application is denied, an appeal may be
taken to the town council, such appeal to be filed in writing
within ten days of the code enforcement manager's actions or
inaction. The town council shall act upon the appeal within 30
days of the filing of the notice of appeal with the town clerk.
(5) Moveable fixtures shall not be placed on any roadway, bike
path or swale area in front of, to the rear of, or to the side of a
single-family residence with in the town.
(Ord. No. 19-98, § 1, 3-9-99)
"Sec. 106-294—Insurance and indemnification
(a) Insurance. Every controlling entity other than a governmental entity or
agency which places or maintains a newsrack or modular newsrack
on a public right-of-way or public property shall provide to the code
enforcement manager a current certificate of insurance. The Town
requires comprehensive general liability insurance coverage with
limits of liability not less than $1,000,000 each occurrence/agg reg rate.
The Town of Palm Beach shall be endorsed as an additional insured
under the general liability coverage. It shall be an affirmative
obligation to advise the Town's risk manager within 24 hours or the
next business day of cancellation, non-renewal or modification of any
stipulated insurance and failure to do so shall be construed to be a
violation of town ordinance. The Town of Palm Beach reserves the
right to require additional coverages and limits based upon the
particular service or change in service. The code enforcement
manager shall submit the certificate of insurance to the Town's risk
manager for review and approval. Insurance under this section shall
run continuously with the presence of the applicant's newsrack(s) or
modular newsrack(s) in the town's rights-of-way, and any termination
or lapse of such insurance shall be a violation of this section, subject
to the appropriate remedy by the code enforcement division pursuant
to the town's code of ordinances and the enforcement provisions of
this chapter.
Ordinance No. 16-2015
(b) Indemnification. Every controlling entity which places or maintains a
newsrack or modular newsrack on a public right-of-way, public
sidewalk, street or swale in the town shall execute and deliver a
written agreement under which it agrees to indemnify, hold harmless
and defend the town, its officers, agents and employees from any
loss, liability or damage sustained by any person as a result of the
installation, use and/or maintenance of a modular newsrack or
newsrack within the town. This shall not be construed to affect in any
way the town's rights, privileges and immunities as set forth in F.S. §
76828.
(Ord. No. 19-98, § 1, 3-9-99)
"Sec. 106-296—Enforcement„
(a) Correction of violation, Upon determination by a code enforcement
officer that a moveable fixture has been installed, used or maintained
in violation of this chapter, an order to correct the violation shall be
issued to the controlling entity. If a newsrack or modular newsrack is
considered abandoned, it will be posted and an order will not be
issued.
(b) The order to correct the violation shall specifically describe the
violation and may suggest actions necessary to correct the condition
or violation. Such order shall be mailed by certified mail, return receipt
requested, to the controlling entity.
(c) Failure to properly correct the violation within 15 days of the receipt of
the order shall result in the offending moveable fixture being removed
by the town. Any moveable fixture removed by the town thereunder
shall be stored at the controlling entity's expense for a period of 30
days. The moveable fixture shall be released upon a proper showing
of ownership and payment of removal, administrative and storage
charges. The administrative charge is $55.00 and the storage charge
is $2.00 per day, up to a maximum of 30 days. In the event the
moveable fixture is not claimed within the 30-day period, the
moveable fixture may be sold at public auction and the proceeds
applied first to removal, administrative and storage charges, and the
remainder, if any, then paid into the general fund of the town.
(d) If the moveable fixture is posted as abandoned and not removed
within seven days from the date of posting, or the town is not
contacted by the controlling entity within seven days from receipt of an
order to correct the violation, the town may remove the moveable
fixture immediately. The town shall store the moveable fixture for 30
days and if not claimed within that time, the town may dispose of the
moveable fixture in any manner it deems appropriate. If the moveable
Ordinance No. 16-2015
fixture is claimed, the entity claiming the moveable fixture shall pay for
all removal, administrative and storage charges prior to release of the
fixture. If the charges are not paid within 15 days of claim being made,
the town may dispose of the moveable fixture.
(e) At least ten days prior to the public auction, the town clerk shall
publish a description of the moveable fixture, the location from where
it was removed, and notice of the auction in a newspaper of general
circulation in the town. Any publication may include multiple listings of
moveable fixtures. The town shall also provide the controlling entity
identified on the moveable fixture, of if otherwise known, with written
notification of the auction by certified mail, return receipt requested.
Provided, however, that the town manager, or his designee, may
dispose of the moveable fixture in any manner he sees fit, including
negotiating the release of the moveable fixture to the controlling entity
for less than full payment of all storage charges if the town manager,
or his designee, is of the opinion that such disposal will be more
advantageous to the town than auctioning off the moveable fixture.
(Ord. No. 19-98, § 1, 3-9-99)
"Sec. 106-297 —Appeals."
(a) Any controlling entity aggrieved by any order, finding or determination
taken under the provisions of this article other than abandonment of a
newsrack or modular newsrack, (hereinafter an appellant) may file an
appeal to the town council. The appellant must effect their appeal
within 15 days after receipt of the order mailed to the appellant
pursuant to this article. In order to effect the appeal, the appellant
must deliver their letter of appeal, briefly stating the basis of their
appeal, to the town clerk. A hearing before the town council shall be
scheduled on the appeal no later than 45 days following the receipt of
the letter of appeal, unless the parties mutually agree to an extension
thereof. The appellant shall be given at least seven days written
notice of the time and place of the hearing. The town council shall
give the appellant and any other interested party a reasonable
opportunity to be heard in order to show cause why the fixture is not
violating this article. At the conclusion of the hearing the town council
shall make a final and conclusive determination.
(b) During the pendency of an appeal, the removal of the moveable
fixture shall be stayed pending final disposition of the appeal, except if
abandonment of the newsrack or modular newsrack occurs in
violation of sections 106-295(a), (b), (d), (e) and adversely effects the
distribution of newspapers, news periodicals or advertising circulars
from that location.
Ordinance No.16-2015
(c) The town shall reimburse the controlling entity any storage charges in
the event the decision on appeal is rendered in favor of the controlling
entity.
(Ord. No. 19-98, § 1, 3-9-99)
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such invalidity
shall not affect the other provisions or applications of this Ordinance which can be given
effect without the invalid provisions or applications, and to this end the provisions of this
Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict
with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of
the Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
Ordinance No. 16-2015
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 12th day of May, 2015, and for second and
final reading on this 14th day of July, 2015.
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G kC nigliio�, Mayor Michael Pucillo, own Council
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Richard M. Kleid, President Pro Tern
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Danielle H. Moor% Town ouncil M
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ATTEST: Penelope 11. Townsend, Town Council Member
96san A. 6wens-,"MMC, Town Clerk Robert N. Wildrick, Town Council Member
Ordinance No. 16-2015