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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2005 - 60 <br />BY: Council Members Kasler, Gareau and Miller <br />AN ORDINANCE CREATING NEW CHAPTER 906 OF THE <br />STREETS, UTILITIES AND PUBLIC SERVICES CODE, ENTITLED <br />"NEWSRACK REGULATIONS, -IN ORDER TO SET STANDARDS <br />AND REGULATE THE LOCATION OF NEWSRACKS IN THE <br />PUBLIC RIGHT-OF- WA Y AND ELSEWHERE WITHIN THE CITY <br />OF NORTH OLMSTED. <br />WHEREAS, this Council has observed a recent proliferation of newspaper <br />dispensing boxes, commonly called newsracks, placed by distributors of various <br />newspapers and magazines in various locations in or near the public right -of -way; and <br />WHEREAS, this Council finds that the unregulated placement of various - colored, <br />various- shaped and sized, and variously maintained newsracks placed at arbitrary <br />locations within the public right -of -way interferes with pedestrian and vehicular traffic in <br />the right -of -way and also contributes to unsightly and potentially blighting conditions <br />along the City's main thoroughfares; and <br />WHEREAS, this Council further incorporates, as if fully restated herein, all of the <br />legislative findings more set forth in Section 906.01 of Chapter 906, entitled "Newsrack <br />Regulations," attached to this Ordinance as Exhibit A; and <br />WHEREAS, heretofore the City of North Olmsted has not legislatively provided <br />for the regulation of newsracks in its public right -of -way or other areas of the City, and <br />desires now to exercise its inherent management authority over the public right -of -way; <br />and <br />WHEREAS, it is the purpose of this Council, after consultation with the Director <br />of Law and the Director of Planning, to establish regulations relating to the standards for <br />and locations of newsracks in the City of North Olmsted in a manner that promotes the <br />free and safe flow of pedestrian and vehicular traffic in the public right -of -way, that <br />reduces visual blight within and enhances the aesthetic condition of the public right -of- <br />way, and that protects the First Amendment rights of distributors of newspapers and <br />magazines to locate newsracks within the public right -of -way; and <br />WHEREAS, it is accordingly the desire of this Council to create new Chapter 906 <br />of the Streets, Utilities and Public Services Code, entitled "Newsrack Regulations," in <br />order to provide for the regulation of newsracks located in North Olmsted in a manner <br />that is consistent with the governmental purposes set forth above; <br />