REPORT TO THE CITY COUNCIL
December 8, 2016
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
BY: DAVID A. CISNEROS, Projects Administrator
Public Works Department, Capital Management Division
SUBJECT
Title
BILL - (For Introduction) - Adding Article 7 to Chapter 13 of the Fresno Municipal Code relating to Publication Dispensing Racks Citywide and in Special Districts. (Citywide)
Body
RECOMMENDATION
It is recommended that the Council introduce the attached ordinance adding Article 7 to Chapter 13 of the Fresno Municipal Code related to Publication Dispensing Racks (Newsracks) in the City of Fresno and set December 8, 2016 for adoption.
EXECUTIVE SUMMARY
The ordinance will establish standards for maintenance, display, size, design, placement and location of Newsracks within the City. Coupled with the new ordinance is a fee schedule, which will be fee neutral, with the sole purpose of reimbursing the City for staff costs associated with administering the new ordinance. The fee schedule will be added to the Master Fee Schedule.
BACKGROUND
Newsracks have been in use within the City for many years. However, the City has never adopted standards governing their use within the public right of way. Recently, it has become apparent that some regulation is necessary to not only control the placement and appearance of Newsracks but also how some material is being displayed.
In November 2014 staff began working with the City Attorney's Office developing an ordinance to standardize the use, location, and style of newsracks.
The new ordinance balances the right to distribute information through newsracks with the right of persons to reasonable access and use of public property. The public health, safety, welfare, and convenience require that interference with vehicular, bicycle, mobility devices, or pedestrian...
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