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O-2004-11

AN ORDINANCE

ADDING CHAPTER 12.20 TO THE LAKEWOOD MUNICIPAL CODE REGULATING THE LOCATION OF NEWSPAPER CORRALS WITHIN THE BELMAR SITE AREA.

WHEREAS, the City of Lakewood ("City") is a home-rule city with full authority to regulate the location of structures within its public right-of-way; and,

WHEREAS, the Belmar Site is unique in the mixed use character of residential, commercial and office space; and,

WHEREAS, the Belmar Site will consist of streetscapes, sidewalks, street lighting and other amenities which are unique in the City; and,

WHEREAS, the regulation of the location of newspaper corrals in the Belmar Site is essential to ensure compatibility with the unique design of the Belmar Site and to avoid visual blight by controlling congestion of newspaper vending machines at certain locations; and,

WHEREAS, the City recognizes the First Amendment rights of newspapers to distribute their publications and will not interfere with such rights; and

WHEREAS, the City has the authority to impose reasonable time, place and manner restrictions on First Amendment activities which are content neutral; and,

WHEREAS, there will be both an ample number of newspaper corrals located within the Belmar Site and an ample number of alternative methods of newspaper distribution through home delivery and retail stores within the Belmar Site.

NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, that:
Section 1. A new Chapter 12.20 relating to the regulation of the location of newspaper corrals within the Belmar Site area is added to the Lakewood Municipal Code to read as follows:

12.20.010. Purpose.

A. It is the intent of this ordinance to place reasonable restrictions on the location of newspaper corrals within the Belmar Site. The Belmar Site is unique in the mixed use character of residential, commercial and office space and will consist of streetscapes, sidewalks, street lighting and other amenities which are unique in the City. The regulation of the location of newspaper corrals in the Belmar Site is essential to ensure compatibility with the unique design of the Belmar Site and to avoid visual blight by controlling congestion of newspaper vending machines at certain locations. The City recognizes the First Amendment rights of newspapers to distribute their publications and will not interfere with such rights. There will be both an ample number of newspaper corrals located within the Belmar Site and an ample number of alternative methods of newspaper distribution through home delivery and retail stores in the Belmar Site. This Chapter does not regulate content.

B. The Belmar Site consists of the Service Areas of The Plaza Metropolitan District No. 1, The Plaza Metropolitan District No. 2, and The Plaza Metropolitan District No. 3 as legally described more specifically in an Exhibit on file in the City Clerk's Office as may be amended from time to time. The Belmar Site is generally described as being bounded on the north by West Alameda Avenue, on the west by South Wadsworth Boulevard, on the south by Center Avenue, and on the east by Quay Street.

12.20.020 Newspaper Corrals at Belmar Site.

A. Newspaper corrals are permitted within the Belmar Site in the public right of way only in those locations designated by the Director of Community Planning and Development ("Director") or his designee. These newspaper corrals are available for use by permit as provided in this Chapter for locating newspaper vending machines. No person shall install or use any newspaper vending machine or similar device on or at the Belmar Site other than as described in this Chapter. Newspaper vending machines shall be located only within a newspaper corral.

B. Any publication that is eligible for the periodicals mailing privileges of the United States Postal Service may place its newspaper vending machine within a newspaper corral after receiving a permit from the City to do so. Only one newspaper vending machine per publication may be located in each newspaper corral installed at the Belmar Site.

12.20.030 Criteria.

The Director shall use the following criteria in determining locations for newspaper corrals:

A. Newspaper corrals and their locations and access shall be in compliance with the Americans with Disabilities Act.

B. Newspaper corrals shall be in compliance with City regulations relating to traffic and pedestrian safety.

C. Newspaper corrals shall be placed in those locations, among others, where the public is invited to congregate, such as public plazas, park entrances and public transportation stops.

D. There shall be a minimum of seven (7) newspaper corrals located within the Belmar Site.

12.20.040 Permit Required.

A. Annual Permit Required. It shall be unlawful to use, operate or maintain a newspaper vending machine without first having obtained a permit issued by the Director. A permit shall be valid for one (1) year following the date of issuance and may be renewed in accordance with this Chapter. Permit fees, if any, shall be established, and from time to time may be changed, by resolution of the City Council.

B. Initial Permit Application. Any person who wishes to obtain a permit to use, operate or maintain a newspaper vending machine shall submit to the Director an application in a form approved by the City which shall include, but not be limited to, identification, address, and contact information for the applicant. The applicant shall make payment of all application fees imposed for the application. Application fees, if any, shall be established, and from time to time may be changed, by resolution of the City Council.

C. Allocation. Newspaper vending machine permits are available on a first come, first served basis. Should the first come, first served system not resolve allocation questions, the Director shall select publications by random drawing.

12.20.050. Permittee Obligations.

A. A newspaper vending machine permittee shall maintain the newspaper vending machine face, its interior, and all mechanical workings of its individual box, including, without limitation, the window and face plate, the coin mechanism, coin tray, and lock, if any; and the inside shelves in proper working order.

B. A newspaper vending machine permit is valid for one year from date of issuance. In addition to other causes specified in this Chapter for permit denial, revocation, or suspension, a newspaper vending machine permit expires when the machine is not in use for a period of thirty days, or if the permittee has failed to maintain the newspaper vending machine over such a period. The Director shall take no final action based on such an expiration without notice to the permittee and an opportunity for a hearing. Upon denial of renewal of a permit, or suspension, revocation, expiration for failure to use or maintain, or expiration for failure to renew, the Director may remove the newspaper vending machine, contents of any machine, change the locks, hold any contents and money as abandoned property, and issue a new permit to someone else.

12.20.060 Non-periodical newspaper vending machine boxes.

A. The Director shall permit one newspaper vending machine box in each corral for use by purveyors of printed material which is not eligible for the periodicals mailing privileges of the United States Postal Service. Such non-periodical newspaper vending machines shall contain only materials available free to the public.

B. In the event that there are unused periodicals newspaper vending machines spaces in any corral, the Director may make the space available as temporary non-periodical newspaper vending machines, except that temporary permits issued on this basis shall be revocable at any time that a new applicant for a regular newspaper vending machine receives approval of the application.
12.20.070 Application Review.

A. The Director shall administratively approve or deny an application for issuance or renewal of an annual permit within fourteen (14) days from the date the application is deemed complete by the City. Each application shall apply throughout the Belmar Site. The Director shall administratively deny or may administratively revoke a permit if the applicant or permittee do not qualify under the provisions of this Chapter to use a newspaper corral. Any denial or revocation shall be in writing, contain a description of the reasons for the denial, and shall be sent to the applicant by certified mail, return receipt requested, at the applicant's address as specified in the application. An applicant shall have thirty (30) days from the date of mailing of a denial or revocation within which to correct all cited deficiencies.

12.20.080 Appeals of Permit Decisions.

A. Appeal Hearing. An applicant shall have the right to a quasi-judicial hearing before the City Manager or his designee for the purpose of appealing the Director's administrative decision(s). A written request for a hearing shall be made to the City Manager or his designee within ten (10) days of the mailing date of the Director's written findings and decision denying or conditioning the permit application. The hearing shall be conducted within fourteen (14) days of the City Manager's or his designee's receipt of the written request for a hearing unless a later date is requested by the applicant.

B. Appeal of Order. The order of the City Manager or his designee made pursuant to this section shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to the District Court, the City Manager's or his designee's decision shall be final upon the earlier of the date of the applicant's receipt of the order or four (4) days following the date of mailing.

12.20.090 Rules and Regulations.

The Director may adopt reasonable rules and regulations to supplement the requirements of this Chapter. Said rules and regulations shall not be in conflict with this Chapter.

12.20.100 Intent.

It is the intent of this Chapter to be interpreted liberally to ensure compliance with newspaper distributors' First Amendment rights.

12.20.110 Severability. If any provision of this Chapter is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Chapter which can be given effect without the invalid provision.

Section 2. Effective date. This ordinance shall take effect thirty (30) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 22nd day of March, 2004; published in full in the Lakewood Sentinel on the 25th day of March, 2004; set for public hearing on the 12th day of April, 2004; read, finally passed and adopted by the City Council on the 12th day of April, 2004; and, signed and approved by the Mayor on the 13th day of April, 2004.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

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