TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Regulation of Newspaper Racks in the 100 Block of East Franklin Street
DATE: June 10, 2002
Adoption of the attached Ordinance amendment would extend the newspaper rack regulations that currently exist in the 100 block of North Columbia Street to the south side of the 100 block of East Franklin Street.
background
In the summer of 2001, Public Works Department crews completed Streetscape renovations to the east side of the 100 block of North Columbia Street. As a part of these improvements the Town installed modular newspaper racks for the distribution of free publications and designated the placement and design of coin-operated racks in this area. In order to require that distributors utilize these racks rather than place other non-conforming racks in the public right-of-way, it was necessary that the Town Code of Ordinances be amended. On July 2, 2001, the Council adopted the necessary ordinance amendment allowing regulation of newspaper racks in the 100 block of North Columbia Street.
Because similar modular newspaper racks where not proposed at that time elsewhere in the downtown area, the ordinance amendment of July 2, 2001 was limited to the single block of Columbia Street where improvements were proposed. The Public Works Department is currently constructing Streetscape improvements to the south side of the 100 block of East Franklin Street. Consistent with the Streetscape construction plan approved by the Council on March 25, 2002 these improvements include the installation of modular newspaper racks identical to those installed on North Columbia Street. As presented to the Council on March 25, 2002, we also propose to regulate the placement and design of coin operated racks in this year’s project area.
Prior to beginning this year’s Streetscape construction it was necessary to contact all affected newspaper distributors and request that they remove their racks from the project area and we informed them at that time of these proposed regulations. Adoption of the attached ordinance amendment would make it unlawful for distributors to place non-conforming racks on the south side of the 100 block of East Franklin Street once the Streetscape improvements are completed.
discussion
We believe that the newspaper racks installed on North Columbia Street in 2001 provide a functional and relatively attractive method for the distribution of publications. In addition to reducing visual clutter, the modular racks provided by the Town are significantly more space efficient than multiple individual racks thereby providing more space in the public right-of-way for expanded planters, benches and other amenities. The Public Works Department staff has received numerous favorable comments about the new racks from distributors as well as the public. We recommend that the Council adopt the attached ordinance amendment to initiate a system of modular racks and regulation of coin-operated racks in the current section of Streetscape improvements.
RECOMMENDATION
We recommend that the Council adopt the attached Ordinance amendment extending the area where newspaper racks are regulated to include the south side of the 100 block of East Franklin Street.
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES ON STREETS AND SIDEWALKS (2002-06-10/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Sec 17-85 is hereby amended to read as follows:
“Section
17-85. Distribution and sale of publications in the 100 block of North Columbia Street on certain specified blocks.
Any
vendor choosing to distribute free publications in the 100 block of North Columbia Street locations
listed below shall use the modular
newspaper racks provided and maintained by the Town in this these
areas. Individual privately owned free-standing newspaper racks shall
not be permitted in the 100 block of North Columbia Street locations
listed below for the purpose of distributing free publications.
Any
vendor choosing to sell publications in the 100 block of North Columbia Street locations
listed below 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 Manager, shall not be permitted in the 100 block of North Columbia Street locations listed below for the purpose of
selling publications.
a. 100 block of North Columbia Street; and
b. 100 block of East Franklin Street, south side.”
Section 2. Sec 17-84 is hereby 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 to those locations 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 10th day of June, 2002.