2005-60 Ordinance - Laserfiche WebLink

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facilities and other public rights -of -way from viewing public displays of offensive sexual material. Such displays are thrust indiscriminately upon unwilling audiences of adults and children and constitute assaults upon individual privacy. (5) These factors constitute an unreasonable interference with and obstruction of the use of public rights -of -way, constitute an unwarranted invasion of individual privacy, are injurious to health, offensive to the senses, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community. (6) The Council recognizes, however, that the use of such rights -of -way is so historically associated with the sale and distribution of newspapers and publications that access to those areas for such purposes should not be absolutely denied. The Council further finds that these strong and competing interests require a reasonable accommodation, which can only be satisfactorily achieved through the means of this Ordinance, which is designed to accommodate such interests regulating the time, place and manner of using such newsracks. (b) Purpose. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, morals, and general welfare of persons in the City of North Olmsted in their use of public rights -of -way through the regulation of placement, appearance, number, size, and servicing of newsracks on the public rights -of -way so as to: (1) Provide for pedestrian and driving safety and convenience; (2) Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress to, or egress from, any place of business or from the street to the sidewalk; (3) Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signals, hydrants, mailboxes, and similar appurtenances, and access to locations used for public transportation purposes; (4) Reduce visual blight on the public rights -of -way, protect the aesthetics and value of surrounding properties, and protect the quiet of residential areas; (5) Promote City policy which prohibits business activity in required setback areas on commercial properties; (6) Reduce exposure of the city to personal injury or property damage claims and litigation; (7) Protect the right to distribute information protected by the United States and Ohio Constitutions through use of newsracks. (c) Preservation of Constitutional Rights. It is not the intent of this Ordinance to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any printed material that is constitutionally protected. 906.02. DEFINITIONS. As used in this Ordinance, unless the context otherwise clearly indicates: