St. Charles County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 95-161 §1, 11-1-1995]
A. 
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 County of St. Charles 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 signs and 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. 
Reduce exposure of the County to personal injury or property damage claims and litigation; and
6. 
Protect the right to distribute information protected by the Constitutions through the use of newsracks.
[Ord. No. 95-161 §1, 11-1-1995]
For purposes of this Chapter, the following terms shall be defined as follows:
BLOCK
One (1) side of a street between two (2) consecutive interacting streets.
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack in a public right-of-way.
EXPLICIT SEXUAL ACTS
Depictions or descriptions, whether being performed alone or between members of the same or opposite sex or between humans and animals, of:
1. 
Sexual intercourse, oral copulation, anal intercourse, oral-anal contact, bestiality, direct physical stimulation of genitals, flagellation or torture in the context of a sexual relationship, or any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprolagnia, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
2. 
Human genitals in a state of sexual stimulation, arousal, or tumescence;
3. 
Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;
4. 
Fondling or touching of human genitals, pubic region, buttock or female breast;
5. 
Masochism, erotic or sexually-oriented torture, beating or the infliction of pain;
6. 
Erotic or lewd touching, fondling or other contact with an animal by a human being;
7. 
Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. 
Other acts of sexual arousal involving any physical contact with a person's genitals, pubic hair, perineum, anus or anal region.
NEWSRACK
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display, distribution or sale of newspapers or other news periodicals.
OBSCENE
Material which depicts or describes sexual conduct that is objectionable or offensive to accepted standards of decency which the average person, applying contemporary community standards would find, taken as a whole, appeals to prurient interests; or material which depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable State law, and taken as a whole, lacks serious literary, artistic, political, or scientific value.
PARKWAY
The area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway that is not open to vehicular travel.
PERSON
Any person or persons, or entity including, but not limited to, a corporation, partnership, unincorporated association or joint venture.
PICTORIAL MATERIAL
Any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing. Any pictorial material is "obscene" if all of the following apply:
1. 
The average person, applying contemporary community standards, would find that it appeals to prurient interests when the publication or material is considered as a whole;
2. 
It depicts, describes or represents in a patently offensive manner, sexual behavior as defined in this Chapter; and
3. 
It lacks serious literary, artistic, political or scientific value when the publication or material is considered as a whole.
RIGHT-OF-WAY
Any public street, highway, sidewalk, roadway, parkway or alley.
ROADWAY
That portion of a street improved, designed or ordinarily used for vehicular travel.
SEXUAL AROUSAL, GRATIFICATION OR AFFRONT
The purpose or effect of statements, words, pictures or illustrations depicting explicit sexual acts, as defined in this Chapter.
SEXUAL BEHAVIOR
The patently offensive representation, depiction or description of any of the following:
1. 
Ultimate sexual acts, actual or simulated, including vaginal intercourse between a male and a female, and anal intercourse, fellatio and cunnilingus between persons regardless of gender.
2. 
Masturbation, excretory functions and lewd exhibition of the genitals.
3. 
The actual or simulated infliction of pain by one (1) individual upon another, or by an individual upon himself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast.
4. 
Ultimate sexual acts, actual or simulated, between a human being and an animal.
SIDEWALK
Any surface provided for the exclusive use of pedestrians.
STREET
All the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
[Ord. No. 95-161 §1, 11-1-1995]
A. 
No person shall install, use or maintain any newsrack which projects onto, into, or over, or which rests, wholly or in part, upon the roadway of any public street.
B. 
No person shall install, use or maintain any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway:
1. 
When such installation, use, or maintenance endangers the safety of persons or property;
2. 
When such site or location is used for public utility purposes, public transportation purposes, or other governmental use;
3. 
When such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including parked or stopped vehicles; the ingress in or egress from any residence or place of business; the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location;
4. 
When such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery; or
5. 
In any other manner inconsistent with or in violation of the provisions of this Chapter.
C. 
No person shall install, use or maintain any newsrack without first obtaining a permit from St. Charles County Division of Planning and Zoning of the Department of Community Development.
D. 
No person shall install, use or maintain any newsrack which is chained, bolted, or otherwise attached to any stop light, stop sign or other road sign, fire hydrant, Fire or Police call box or parking meter. No person shall install, use or maintain any newsrack which is chained, bolted or otherwise attached to any other fixture not enumerated above (including but not limited to lamp posts, utility poles, buildings) located in the public right-of-way unless written permission is obtained from both the entity having control of the public right-of-way and the owner of the fixture. Newsracks may be chained or otherwise attached to other newsracks.
E. 
No person shall install, use or maintain any newsrack which is otherwise in violation with the location requirements, placement requirements, number limitations, or maintenance and installation standards contained within this Chapter.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 95-161 §1, 11-1-1995]
A. 
Permit Required. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk, or in any other public way or place, in the County of St. Charles any newsrack without first having obtained a permit from the St. Charles County Division of Planning and Zoning of the Department of Community Development specifying the exact location of such newsrack. One (1) permit may be issued to include any number of newsracks, and shall be signed by the applicant.
B. 
Application. Application for such permit shall be made, in writing, to the St. Charles County Division of Planning and Zoning of the Department of Community Development upon such form as shall be provided by it, and shall contain the name and address of the applicant, the proposed specific location(s) of said newsrack(s), and shall be signed by the applicant. From the application information, the St. Charles County Division of Planning and Zoning of the Department of Community Development shall approve the location(s). It shall be guided therein solely by the standards and criteria set forth in this Chapter. In any case where the St. Charles County Division of Planning and Zoning of the Department of Community Development disapproves of a particular location, the applicant may designate a different location or locations.
C. 
Conditions. Permits shall be issued for the installation of a newsrack or newsracks conditioned upon observance of the provisions of this Chapter.
D. 
Issuance. Permits shall be issued within five (5) working days after the application has been filed. A permit fee of five dollars ($5.00) per location shall be required. Such permits shall be valid for two (2) years and shall be renewable pursuant to the procedure for original applications referred to in this Section and upon payment of a three dollar ($3.00) per location permit renewal fee.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 95-161 §1, 11-1-1995]
Every person who places or maintains a newsrack on any public right-of-way in St. Charles County shall have his permit number, name, address, and telephone number affixed to the newsrack in a place where such information may be easily seen.
[Ord. No. 95-161 §1, 11-1-1995]
A. 
No newsrack shall be placed on any public land except in a right-of-way and shall in each instance comply with the following standards:
1. 
No newsrack shall be used or maintained which projects 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.
2. 
No person shall install, use or maintain any newsrack which is chained, bolted, or otherwise attached to any stop light, stop sign or other road sign, fire hydrant, Fire or Police call box or parking meter. No person shall install, use or maintain any newsrack which is chained, bolted or otherwise attached to any other fixture not enumerated above (including but not limited to lamp posts, utility poles, buildings) located in the public right-of-way unless written permission is obtained from both the entity having control of the public right-of-way and the owner of the fixture. Newsracks may be chained or otherwise attached to other newsracks.
3. 
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight (8) feet along a curb, and a space of not less than three (3) feet shall separate each group of newsracks.
4. 
No newsrack shall be placed, installed, used or maintained:
a. 
Within three (3) feet of any marked crosswalk.
b. 
Within three (3) feet of the curb return of any unmarked crosswalk.
c. 
Within five (5) feet of any fire hydrant, Fire call box, Police call box or other emergency facility.
d. 
Within three (3) feet of any driveway.
e. 
Within three (3) feet ahead or twenty-five (25) feet to the rear of any sign marking a designated bus stop.
f. 
Within three (3) feet of the end of any bus bench or park and plaza benches.
g. 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than three (3) feet.
h. 
Within three (3) feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
i. 
Within three (3) feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes, unless the proprietor of the business containing such display window gives written permission to place the newsrack closer to the display window.
j. 
Within three (3) feet of a building entrance.
k. 
Within one hundred (100) feet of any other newsrack on the side of the street in the same block containing the same issue or edition of the same publication.
l. 
On any access ramp for disabled persons.
m. 
Within three (3) feet of any stop sign or stop light and within two (2) feet of all other signs, parking meters, lamp posts or utility poles.
5. 
No more than six (6) newsracks shall be located on any public right-of-way within a space of two hundred (200) feet in any direction within the same block of the same street; provided however, that no more than twelve (12) newsracks shall be allowed on any one (1) block. In determining which newsracks shall be permitted to be located or to remain if already in place, the St. Charles County Division of Planning and Zoning of the Department of Community Development shall be guided solely by the following criteria:
a. 
First (1st) priority shall be given to newsracks used for the sale of publications which are newspapers of general circulation for St. Charles County.
b. 
Second (2nd) priority shall be given to newsracks used for the sale of daily publications (those published on five (5) or more days in a calendar week) which are not newspapers of general circulation for St. Charles County.
c. 
Third (3rd) priority shall be given to newsracks used for the sale of weekly publications (those published on at least one (1) but less than five (5) days in a calendar week) which are not newspapers of general circulation for St. Charles County.
d. 
As between newspapers included within any single category of priority above, the St. Charles County Division of Planning and Zoning of the Department of Community Development shall also be guided by the following criteria of priorities whenever more than six (6) newsracks are proposed for any one (1) location (two hundred (200) foot space) or more than twelve (12) newsracks are proposed for any one (1) block:
(1) 
First (1st) priority shall be daily publications (published five (5) or more days per week).
(2) 
Second (2nd) priority shall be publications published two (2) to four (4) days per week.
(3) 
Third (3rd) priority shall be publications published one (1) day per week.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 95-161 §1, 11-1-1995]
A. 
Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall comply with the following standards:
1. 
No newsrack shall exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in thickness.
2. 
Each newsrack shall be mounted so that it will remain stationary and immobile either by use of weighted objects inside the newsrack or by bolting the newsrack through all four (4) corners to a concrete pedestal base with at least a four (4) inch minimum depth.
3. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.
4. 
Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the name of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this Chapter.
5. 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times.
Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
a. 
It is reasonably free of dirt and grease;
b. 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
c. 
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;
d. 
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;
e. 
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and
f. 
The structural parts thereof are not broken or unduly misshapen.
[Ord. No. 95-161 §1, 11-1-1995]
A. 
Publications offered for sale or distribution from newsracks placed or maintained on or projecting over public rights-of-way shall not be displayed or exhibited in a manner which exposes to public view from the street or sidewalk any of the following:
1. 
Any publication or material which exposes to public view any pictorial material that is obscene;
2. 
Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification, or affront;
3. 
Any picture or illustration of a person's genitals, pubic hair, perineum, anus, or anal region where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront; or
4. 
Any picture or illustration depicting explicit sexual acts as defined in this Chapter where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront.
[Ord. No. 95-161 §1, 11-1-1995]
Every owner of a newsrack who places or maintains a newsrack on a public right-of-way in St. Charles County shall file a written statement with the St. Charles County Division of Planning and Zoning of the Department of Community Development whereby such owner agrees to indemnify and hold harmless the County, its officers, and employees, from any loss, liability, or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use and/or maintenance of a newsrack within St. Charles County.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 95-161 §1, 11-1-1995]
In the event that a newsrack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in this Chapter for newsracks in violation of the provisions of this Chapter.
[Ord. No. 95-161 §1, 11-1-1995]
Upon determination by the St. Charles County Division of Planning and Zoning of the Department of Community Development that a newsrack has been installed, used or maintained in violation of the provisions of this Chapter, an order to correct the offending condition shall be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to properly correct the offending condition within five (5) working days after the mailing date of the order shall result in the offending newsrack being summarily removed and processed as unclaimed property. If the offending newsrack is not properly identified as to owner under the provisions of this Chapter, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the County's cost and expense of impounding, shall be assessed against each newsrack summarily removed. The St. Charles County Division of Planning and Zoning of the Department of Community Development shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this Section. The distributor of said newsrack shall be charged a fifty dollar ($50.00) inspection fee for each newsrack so inspected. This charge shall be in addition to all other fees and charges required under this Chapter.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.