ORD 329 Regulating Newspaper DispensersCity of Mendota Heights
Dakota County, Minnesota
ORDINANCE NO. 329
AN ORDINANCE REGULATING THE PLACING OF NEWSPAPER DISPENSERS
AND ALL OTHER TYPES OF CONTAINERS UPON
THE CITY OF MENDOTA HEIGHTS PUBLIC PROPERTY
SECTION 1. PURPOSE AND INTENT
1.1 This ordinance is adopted for the purpose of protecting the public health, safety,
comfort, convenience and general welfare of the citizens of the City of Mendota
Heights by regulating the placement of newspaper box dispensers and any and all other
types of containers on public property within the City of Mendota Heights.
SECTION 2.
2.1 Unless expressly stated or the context clearly indicates a different intention, the
following terms shall, for the purpose of this Ordinance have the meanings indicated in
this section:
2.2 Dispenser /Newspaper box means any container, storage unit or dispenser installed,
used or maintained on public property.
2.3 Distributor /Custodian shall mean the person or entity responsible for placing and
maintaining a dispenser on public property.
SECTION 3. COMPLIANCE REQUIRED
3.1 No Distributer /Custodian of any dispenser shall carry on such dispensing or vending
activity on public property within the City of Mendota Heights unless the provisions of
this ordinance have been met.
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SECTION 4. NOTIFICATION
4.1 Each Distributor /Custodian shall notify the Public Works Director of the location of
each dispenser. Such notification shall be in writing and accompanied by a sketch of
each dispenser location showing each dispensers distance (in feet) from curbs, cross
walks, fire hydrants, right -of -ways, trails, light standards, traffic control boxes, traffic
signs and signals within a twenty (20) foot radius of the dispenser location.
4.2 Each Distributor /Custodian shall submit in addition to the written notification to the
Public Works Director of the location of each dispenser the following: name, address
and telephone number of the person responsible for the device and the name of the
newspaper or periodical it will dispense.
SECTION 5. INDEMNITY
5.1 Each Distributor /Custodian shall also file a signed statement, indemnifying and holding
harmless the City of Mendota Heights, its officers, and employees, from any loss or
liability or damages, including expenses and costs, for bodily injury and property
damage sustained by any person as a result of the location, installation, use,
maintenance, removal or storage of applicant's dispensers and any and all types of
containers within the City. The applicant shall submit a copy of the public liability
insurance policy or certificate of insurance with coverage limits of at least $100,000.
5.2 Each Distributor shall also file a signed statement holding harmless the City of Mendota
Heights, its officers and employees from any damage to the dispensers and any and all
types of containers as the result of routine City maintenance operations.
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6.1 All newspaper dispensers and any and all types of containers placed on public property
shall comply with all applicable provisions of this code as follows:
6.1(1) Dispenser shall be constructed of metal or other material or substantially
equivalent strength and durability, nor more than fifty (50) inches in height and
not more than thirty -two (32) inches in length and width.
6.1(2) No dispenser shall be located within fifteen (15) feet of any fire hydrant or other
emergency facility.
6.1(3) No dispenser shall be located within twelve (12) feet of the curb return or any
unmarked crosswalk.
6.1(4) No dispenser shall be located within five (5) feet of any marked crosswalk.
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6.1(5) All dispensers must be set back a minimum of two (2) feet from the curbs.
6.1(6) No dispenser shall be placed within two hundred and fifty (250) feet of another
newspaper dispensing device containing the same newspaper or periodical,
except that the Public Works Director may permit two such dispensing devices
at an intersection where such placement would not impair traffic or otherwise
create a hazardous situation.
6.1(7) No dispenser shall be chained, bolted or otherwise fastened to any City owned
property without permission by the Public Works Director.
6.1(8) All dispensers shall be securely anchored so as not to be tipped over, blown
over or improperly removed.
6.1(9) The Distributor /Custodian shall maintain the device in good working order and
in a safe and clean condition and keep the immediate area free from litter and
debris caused by its activities.
6.1(10) The Distributor /Custodian shall not use the device for advertising signs or
publicity purposes other than those directly related to the display, sale or
purchase of the newspaper or periodical sold within.
6.1(11) The Distributor /Custodian upon removal of the newspaper box dispenser shall
restore the public property it occupied to the same conditions as when the device
was initially installed.
6.1(12) No dispenser shall project onto, into or over any part of the roadway of any
public street or which rests, wholly or in part, upon, along, or over any portion
of the roadway of any public street.
6.1(13) No dispenser shall be located within ten (10) feet of utility or government
owned light standards, trash receptacles, traffic signal control boxes, mail
boxes, water meters, gas meters, electrical pull boxes, catch basins and utility
manhole covers.
6.1(14) No dispenser shall be placed, installed, used or maintained at any location
whereby the clear space for the passageway of pedestrians is reduced to less
than five (5) feet unless such passageway is already restricted by a permanent
fixture and the placement of the dispenser will not reduce the remaining
passageway.
6.1(15) No dispenser shall be placed, installed, used or maintained at a location where
the dispenser interferes with or hinders City removal of snow, ice, and debris
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from the roadway or sidewalk.
SECTION 7. ABANDOMENT
7.1 In the event a dispenser remains empty or unattended for a period of ten (10)
continuous days, the dispenser shall be deemed abandoned and may be removed by the
City and stored at a location convenient to the City.
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8.1 Every Distributor or Custodian who places or maintains a dispenser in the City shall
have his name, address and telephone number affixed thereto in a place where such
information may be easily seen. If the person or custodian is a corporation, then the
name, address, and telephone number of the distributor, or an individual who can relate
the name of the distributor, must be affixed in a place where such information can be
easily seen.
SECTION 9. REMOVAL OF DISPENSERS
9.1 If any dispenser is improperly identified, or is installed, used or maintained in violation
of any other provisions of this Ordinance, an order to correct the offending condition
shall be sent by certified mail, return receipt requested, to the owner or custodian of
such dispenser. Such order shall specifically describe the offending condition and
recommend actions necessary to correct.
9.1(1) If within ten (10) working days after the mailing of notice, a dispenser is not properly
identified or the offending condition is not corrected, or the owner or custodian has not
requested a hearing before the Public Works Director or his /her designated
representative, the offending dispenser and its contents shall be removed and stored in a
convenient location by the Public Works Director.
9.1(2) Upon failure of the owner or custodian to claim a dispenser within thirty (30) days after
notice of such removal, said dispenser and its contents shall be process as unclaimed
property, and disposed of, pursuant to the applicable provisions of the law. When a
dispenser has been removed and processed as unclaimed property, the owner or
custodian shall be charged a processing fee as established by City Council resolution, in
addition to the removal and storage fee, before the dispenser may be released.
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SECTION 10. EFFECTIVE DATE
10.1 This Ordinance shall be in full force and effect from after publication according to law.
Enacted and ordained into an Ordinance this 2nd day of March 1999.
ATTEST:
Kd"een M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
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Charles E. Mertensotto, Mayor