AGENDA #4d
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Amendment to the Streets and Sidewalks Ordinance Related to the Distribution and Sale of Publications within the Public Right-of-Way of the 100 Block of North Columbia Street
DATE: July 2, 2001
The attached ordinance would amend Chapter 17 of the Town’s Code of Ordinances to require that vendors choosing to distribute free publications within the public right-of-way of the 100 block of North Columbia Street utilize newspaper racks provided by the Town, and vendors choosing to sell publications utilize newspaper racks whose design and placement are approved by the Town Manager.
On May 21, 2001, the Council received an information report detailing proposed Streetscape improvements to the east side of the 100 block of North Columbia Street (please see Attachment #1). A component of this report described the Town’s plan to regulate the method in which publications are distributed in this one block area. This plan specified that the distribution of free publications should be limited to the use of modular newspaper racks provided and maintained by the Town and that the sale of other publications should be limited to the use of a standard sized non-pedestal mounted green metal coin operated newspaper rack owned and maintained by the applicable vendor and located in an area designated by the Town Manager.
The attached amendments to Chapter 17 of the Town’s Code of Ordinances would 1) provide specific requirements for vendors choosing to distribute or sell publications in the 100 block of North Columbia Street and 2) provide an exception for this specific location to the Town-wide exemption of regulations for the sale of newspapers and magazines as currently provided in Section 17-85.
We recommend that the Council adopt the attached ordinance, amending Chapter 17 of the Town’s Code of Ordinances, to require that vendors choosing to distribute free publications within the public right-of-way of the 100 block of North Columbia Street utilize newspaper racks provided by the Town, and vendors choosing to sell publications utilize newspaper racks whose design and placement are approved by the Town Manager.
ATTACHMENTS
1. Streetscape Construction Update agenda item dated May 21, 2001 (begin new page 1).
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES ON STREETS AND SIDEWALKS (2001-07-02/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Sec 17-85 is hereby inserted to read as follows:
Any vendor choosing to distribute free publications in the 100 block of North Columbia Street shall use the modular newspaper racks provided and maintained by the Town in this area. Individual privately owned free-standing newspaper racks shall not be permitted in the 100 block of North Columbia Street for the purpose of distributing free publications.
Any vendor choosing to sell publications in the 100 block of North Columbia Street shall purchase a newspaper rack meeting the design guidelines herein described, and shall locate and maintain the newspaper rack in an area designated by the Town Manager. All newspaper racks used for the sale of publications shall be green metal non-pedestal mounted racks not exceeding 20” in width or 36” in height, excluding top mounted coin slots. These racks shall be free of advertising on all sides excepting the front and top surfaces. Privately owned newspaper racks that do not meet these guidelines or that are not properly maintained, as determined by the Town Manger, shall not be permitted in the 100 block of North Columbia Street for the purpose of selling publications.”
Section 2. Existing Sec 17-85 is hereby renumbered Sec 17-84 and amended to read as follows:
“Section 17-84. Application of article to sale of article on U.N.C. property, sale of newspapers, magazines and food.
The provisions of this article shall not apply to the sale of any article on private property or on the property of the University of North Carolina, nor to the sale of newspapers or magazines except in the 100 block of North Columbia Street as provided in Section 17-85, nor farm products exempted under North Carolina General Statutes 105-53(c), provided such sales do not interfere with or impede the orderly flow of pedestrian or automotive traffic.”
Section 3. This ordinance shall become effective upon adoption.
This the 2nd day of July, 2001.