Chapter 11.70
NEWS BOXES
Sections:
11.70.010 Legislative findings.
11.70.040 News boxes permitted on right-of-way.
11.70.050 Limitations on news box placement.
11.70.060 Maintenance requirements.
11.70.010 Legislative findings.
The recitals set forth in the ordinance codified in this chapter are adopted as the legislative findings of the town council of the town of La Conner in support of adoption of the ordinance codified in this chapter. [Ord. 1230 § 1, 2023.]
11.70.020 Purpose.
This chapter shall be interpreted and implemented to regulate the placement, construction, maintenance, and appearance of news boxes in the public interest in a manner to:
(1) Enable the public to acquire a variety of publications with a diversity of news, information, ideas, and opinions, at convenient locations in public places;
(2) Facilitate the distribution of publications in public places as contemplated by Article I, Section 5, of the Constitution of the State of Washington and the First Amendment to the United States Constitution;
(3) Maintain the use of town streets for travel and transportation and incidental authorized purposes, and to retain the use of other public places for the purposes established;
(4) Consider the interests of owners and occupants of property adjacent to public places, while respecting the rights of all users thereof; and
(5) Preserve the appearance of public places, and encourage aesthetic improvements to public places. [Ord. 1230 § 1, 2023.]
11.70.030 Definitions.
As used in this chapter, the following words shall have the following meanings:
“Abandoned news box” means a news box that has not been stocked with new materials for 90 days or more. Whether a news box has not been stocked with new materials for 90 days or more shall be determined beginning with the printed date of any remaining materials. In the case of news boxes containing undated materials, or empty news boxes, whether a news box has not been stocked with new materials for 90 days or more shall be documented in the records of the code enforcement officer.
“Distributor” means a person responsible for placing, installing, or maintaining a news box.
“News box” means a self-service box or coin-operated box, container, or other dispenser installed, used, or maintained on the sidewalk or planting strip for the sale or distribution of newspapers, periodicals, printed advertising materials, or other publications from that dispenser.
“Person” means an individual, firm, association, corporation, public or private utility, or organization of any kind.
“Planting strip” means that area from the back of curb and the front of sidewalk or the area in the raised median, used for grass or approved landscaping plants.
“Right-of-way” means property subject to public use for existing or future streets, curbs, planting strips, or sidewalks. Property subject to a right-of-way may be through an express, implied, or prescriptive easement granted to or controlled by the town or other public entity or may be owned by the town or other public entity in fee simple or other freehold interest.
“Sidewalk” means a facility made of concrete or other approved material for the conveyance of pedestrians usually adjacent to a street or between streets.
“Street” means a public right-of-way designed primarily for vehicular traffic. [Ord. 1230 § 1, 2023.]
11.70.040 News boxes permitted on right-of-way.
News boxes may be placed within the right-of-way in the town of La Conner as permitted by this chapter. [Ord. 1230 § 1, 2023.]
11.70.050 Limitations on news box placement.
(1) No news box shall be chained, tied, or otherwise fastened or affixed to any publicly owned fixture, including but not limited to trees, traffic control devices, benches, signposts, utility poles, streetlights, or telephone poles.
(2) News boxes shall not be placed, installed, or maintained:
(a) Within the travelled portion of a street;
(b) Within a traffic island, median, or traffic circle;
(c) Within five feet of any marked or unmarked crosswalk;
(d) Within five feet of a fire hydrant;
(e) Within five feet of the exterior fire department connection to any sprinkler or standpipe of any building;
(f) Where clear space for passage of pedestrians is reduced to less than five feet;
(g) Within five feet of any driveway, alley, truck loading zone, ADA ramp, or curb cut;
(h) On any grating or manhole cover;
(i) Where the news box may cause damage to or interfere with the use of any pipes, vault areas, telephone or electrical cables and wires;
(j) Where the news box may obscure any regulatory sign; or
(k) Where the news box would interfere with the loading or unloading of passengers from any legal street parking space, including interference with ramps and similar devices utilized to load and unload handicapped occupants of any vehicle from any parking space intended for use by handicapped individuals whether on public or private property. [Ord. 1230 § 1, 2023.]
11.70.060 Maintenance requirements.
(1) A news box shall have permanently displayed the news box owner’s or distributor’s name and contact information, including at least one of the following means of contacting the owner or distributor: telephone number, or email address. Such information shall be affixed to the news box in a location in which the information may be easily seen.
(2) A news box shall be sufficiently weighted to provide stability and safety, and prevent the news box from tipping over.
(3) A news box shall be maintained undamaged and in good operating order at all times.
(4) A news box shall be kept free of graffiti, litter, and other debris.
(5) A news box shall be kept reasonably free of chipped, faded, peeling, and cracked paint.
(6) No free-flying materials such as paper, windsocks, or balloons shall be attached to a news box.
(7) No news box shall use lights of any kind.
(8) A distributor shall stock the news box with new materials at least every 30 days. [Ord. 1230 § 1, 2023.]
11.70.070 Enforcement.
It shall be unlawful to violate the provisions of this chapter.
(1) Abandoned news boxes, as defined in this chapter, may be taken into possession of town authorities in connection with the official performance of their duties pursuant to RCW 63.32.010, and may then be disposed of as specified in Chapter 63.32 RCW.
(2) Enforcement of all other provisions of this chapter shall be governed by Chapter 7.10 LCMC. [Ord. 1230 § 1, 2023.]