[R.O. 2011 §12.04.010; Prior Code §28-1; Ord. No. 4246 §1]
The roads, streets and thoroughfares heretofore established
by order of the County Court of the County, or otherwise according
to law, and in use as public highways within the boundaries of the
City at the time of the incorporation thereof or within the boundaries
of the City as thereafter extended, are confirmed and established
as public streets of the City, and subject to the jurisdiction and
regulation thereof.
[R.O. 2011 §12.04.020; Prior Code §28-17; Ord. No. 4246 §1]
It is unlawful to delay or in any manner interfere with the
Director of Public Works and Parks or the Director's authorized representative
in the discharge of the director's official duties in any manner whatsoever.
[R.O. 2011 §12.04.030; Prior Code §28-2.1; Ord. No. 4246 §1; Ord. No. 4875 §1; Ord.
No. 5619 §1, 10-5-1987; Ord. No. 5742 §1, 3-12-1990; Ord. No. 6964 §1, 8-11-2014]
A.
No person shall play upon or use the public streets, boulevards, alleys or other public thoroughfares of the City for any purposes except as herein provided. Any person violating this Section shall be subject to the punishment provided in Section 100.190 of the University City Municipal Code.
B.
Any person, organization, or private entity must apply for a special
use permit to use the public streets, boulevards, alleys, public parking
lots, or other public thoroughfares of the City for event purposes.
C.
Such permit may be issued:
1.
On approval of the City Manager for a period of time not to
exceed twelve (12) hours;
2.
On approval by the City Council for a period of time in excess
of twelve (12) hours but not to exceed seventy-two (72) hours, provided
the public thoroughfares are barricaded with well-lighted and signed
barricades; and provided, however, that in every case the proposed
use is found to be commensurate with the public safety and with the
public peace and complies with all applicable guidelines set forth
in the special use permit.
[R.O. 2011 §12.04.100; Prior Code §28-8; Ord. No. 4246 §1]
It is unlawful for any person to willfully throw down, remove or otherwise disturb any street barrier or placard placed on closed streets by the Director of Public Works and Parks pursuant to Section 505.090.
[R.O. 2011 §12.04.110; Prior Code §28-8.1; Ord. No. 4969 §§2 — 3; Ord. No. 4973 §§2 — 3]
A.
Designation Of Market Loading Zones. The Director of Public
Works and Parks with the approval of the City Manager is authorized
to designate sections of the City streets as market loading zones
and provide that such sections may be occupied during the year from
March fifteenth (15th) through November at all times of the week.
Such market loading zones are designated for the use of vendors of
market produce for the purpose of parking vehicles which shall be
used by them only as places in which to store produce to be sold from
stalls within the market in the loop.
B.
Market In The Loop. There shall be an open air market on
the west side of Heman Avenue, between Delmar Boulevard and Old Enright
Avenue, during the time from March fifteenth (15th) through November,
inclusive, being more fully described as follows:
Beginning at a point in the north line of Delmar Boulevard (80'
wide) 3.5 feet east of the west line of Heman Avenue (60' wide); thence
northerly and parallel to the aforementioned west line of Heman Avenue
(60' wide) a distance of one hundred eighty-three (183) feet; thence
westerly a distance of sixty-six (66) feet; thence southerly a distance
of one hundred eighty-three (183) feet being the north property line
of Delmar Boulevard; thence easterly along the north property line
of Delmar Boulevard sixty-six (66) feet to the point of beginning.
[R.O. 2011 §12.04.120; Prior Code §28-9; Ord. No. 4246 §1]
The Council may, when requested in writing by property owners,
grant permits to construct vaults under sidewalks, subject to the
following regulations: First, the area which may be occupied under
a sidewalk by a property owner in front of the property owner's building
shall be limited to the space between the front lot line and a line
five (5) feet back of and parallel to the face of the curbing. In
no instance shall the ground under an entrance to any alley between
the property line and the curb line of the street be excavated. Second,
the other area wall shall be constructed with Portland cement mortar,
and shall be pointed outside at least four (4) feet down from the
top of the wall. The wall shall not be less than two (2) feet thick
at the bottom for a height of twelve (12) feet battered to eighteen
(18) inches at the top in all cases. A wall of reinforced concrete
may be constructed, the design of which shall be approved by the Director
of Public Works and Parks and Building Commissioner. Third, the detail
drawings showing the plan of construction of the vault and written
specifications for the same shall be submitted with application and,
when approved by the Council and permit issued thereon, shall be kept
on file in the office of the Director of Public Works and Parks, and
a duplicate in the office of the Building Commissioner of the City.
[R.O. 2011 §12.04.130; Prior Code §28-9.1; Ord. No. 4872 §1]
A curb hereafter constructed or reconstructed on public or private
property for public use within the City shall be constructed in a
manner that will facilitate use by physically disabled persons and
meet current Americans with Disabilities Act requirements. At points
of intersection between pedestrian and motorized lines of travel,
and at other points where necessary to avoid abrupt changes in grade,
a curb shall slope gradually to street level so as to provide an uninterrupted
line of travel.
No person shall at any time obstruct or occupy with building
materials, soil, debris or other object, which may prevent the free
passage of the public, in violation of the Americans with Disabilities
Act, as amended, 42 U.S.C. §12101 et seq., 47 U.S.C. §§225.611
and including all standards set forth in the regulations promulgated
by the United States Department of Justice (2010 ADA Standards and
the 2009 Draft Final Accessibility Guidelines for Outdoor Developed
Areas) and Missouri's accessibility standards set out in the Missouri
Revised Statutes at Section 8.610 et seq., as well as any modifications,
amendments or updates to any of these standards in effect at the time
of reading.
[R.O. 2011 §12.04.160; Prior Code §28-12; Ord. No. 4246 §1]
No person shall permit or suffer any building materials, soil,
debris or other object, which may obstruct free passage of the public,
to stand on any street, alley or sidewalk after sundown, without placing
or causing to be placed on or about such obstruction red warning lanterns
or devices in such manner as to warn anyone coming toward the same
from any direction of such obstruction, which lanterns or torches
shall be maintained lighted from sundown of each day until sunrise
of the following day, until such obstruction is removed.
[R.O. 2011 §12.04.220; Ord. No. 6756 §1, 2008]
A.
DIRECTOR
DISTRIBUTOR
NEWS BOX
PRINTED MATERIAL
RIGHT-OF-WAY
SIDEWALK
TREE LAWN
Definitions. For the purposes of this Chapter, the following
words or phrases shall have the meanings ascribed to them in this
Section:
The director of the City's Public Works and Parks Department
or such other official chosen by the director to administer and enforce
this Section.
Any person, association of persons, firm, or corporation
responsible, in whole or part, jointly or severally, for locating,
placing, installing, stocking, or maintaining one (1) or more news
boxes in or on any sidewalk, public right-of-way, or other public
place in the City.
Any self-service box, container, storage unit, newspaper
vending box, or other printed material distribution device, whether
coin-operated or operated free of charge, that is located, placed,
used, or maintained for the display, distribution, or sale of printed
material.
Any printed material offered for distribution through a news
box, including, but not limited to, newspapers, periodicals, magazines,
and advertisements.
The area of any street, tree lawn, and sidewalk dedicated
for public use.
Any surface provided for the use of pedestrians.
Any lawn area located between the curb or street pavement
and the sidewalk, or the lawn area between the street pavement and
the limit of the public right-of-way.
B.
Permits Required — Fee — Existing Boxes.
1.
It is unlawful for any distributor to locate, place, install, stock,
or maintain a news box in or on any sidewalk or public right-of-way
without obtaining right-of-way and news box inspection permits, and
paying accompanying fees as provided by this Section.
2.
Distributors shall obtain a right-of-way permit and pay the accompanying right-of-way permit fee as provided in Section 505.220(G)(1) of this Code, except that a distributor
a.
Shall make one (1) bulk application for all existing news boxes,
and pay a single right-of-way permit fee; and
b.
May make one (1) bulk application, and pay a single right-of-way
permit fee, for multiple news boxes to be installed contemporaneously.
A right-of-way permit shall expire for an approved location if the
annual inspection fee for the news box at that location has not been
paid.
3.
Distributors shall also obtain a news box permit, and pay an annual non-refundable permit fee for each box. Initial fees shall be paid at the time of applying for a right-of-way permit, and thereafter shall be due every twelve (12) months from the date of the right-of-way permit. The director may adjust the fee from time to time consistent with Subsection (B)(4) of this Section.
4.
The fees assessed in this Subsection shall not exceed the actual
costs incurred by the City in processing permit applications, inspecting
news box installation sites, inspecting installed news boxes (whether
annually or on a complaint basis), preparing inspection reports, and
enforcing and administering this Section.
5.
If a permitted news box is removed by the distributor, the distributor
shall notify the Department of Public Works and Parks and the distributor's
right-of-way permit and annual inspection fee schedule shall be revised
accordingly.
C.
News Box Permit Applications, Issuance, And Denial — Right-Of-Way
Permit Revocations.
1.
Every application for a news box permit shall be made to the director
on forms provided by the director and shall be accompanied by the
required fee. The application form shall include the distributor's
contact information, which shall be kept current by the distributor,
and such other information as may be determined by the director to
ensure compliance with this Section. The director may adopt forms
and procedures for bulk permit applications.
2.
After receiving an application for a right-of-way permit, the Department of Public Works and Parks shall determine whether the proposed location of the news box complies with Subsection (D) of this Section. If the proposed location complies with Subsection (D) of this Section, the director shall issue a right-of-way permit. If the proposed location does not comply, the director shall deny the application and state the reasons for denial in writing. The director shall issue or deny the permit within thirty-one (31) days of receipt of the application.
3.
Each news box shall bear a separate number for the administration
of this Section. The director may impose provisions and conditions
consistent with this Section on each news box permit.
4.
After receipt of the required permits, a distributor may install
a news box at an approved location in compliance with the permit so
issued and this Section.
5.
The director may revoke a news box right-of-way permit as provided in Section 505.220(M).
D.
Location And Placement. No news box shall be placed, installed,
located, used, or maintained:
1.
Within one and one-half (1½) feet of the face of any curb;
2.
Within five (5) feet of any fire hydrant;
3.
Within five (5) feet of any marked crosswalk;
4.
Within twelve (12) feet of the intersection of the property lines
at any street corner;
5.
At any location where the width of the paved clear space in any direction
for the passage of pedestrians is reduced to less than five (5) feet;
6.
On any tree lawn, except where a building permit is issued for construction
of a concrete walk in the tree lawn area for the placement of a news
box, so that the news box is placed and is accessed by the public
on the concrete walk, provided written approval is obtained from the
owner of the property immediately adjacent to the tree lawn;
7.
That is secured to any tree, utility pole, light standard, traffic
control device, street signpost, or other property other than in a
manner approved by the news box permit (chains are prohibited);
8.
Within any City park or the surrounding right-of-way; or
9.
Within five hundred (500) feet of another news box or group of news
boxes located in the same street block and on the same side of the
street, and in those situations where a street block is less than
five hundred (500) feet in length, within five hundred (500) feet
of another news box or group of news boxes on the same side of the
street, unless in each case such news box is to be placed, installed,
located, used, and maintained immediately adjacent to such other news
box or group of news boxes.
E.
News Box Regulations.
1.
It is unlawful for any distributor to locate, place, install, stock,
or maintain a news box in or on any property owned by the City except
for duly permitted sidewalk and public right-of-way locations.
2.
All news boxes located within the public right-of-way prior to October
1, 2008 shall be brought into compliance with all provisions of this
Section or be removed by the distributor within ninety (90) days of
the effective date of this Section.
3.
It is unlawful for any distributor to locate, place, install, stock,
or maintain a news box in or on duly permitted sidewalk and public
right-of-way locations except in compliance with the following conditions:
a.
The news box must be installed in compliance with the permit issued, Subsection (D) of this Section, and all other provisions of this Section.
b.
The news box shall not exceed fifty (50) inches in height and shall
be of sufficient weight as to prevent the box from being moved or
blown down by windstorms.
c.
News boxes shall be a neutral color and shall not be bright, reflective,
or metallic. Black, white, and tan shall be considered neutral colors.
The City Manager may approve non-neutral colors on the distributor's
written request, considering the exact color(s) requested, the location
of the news box, aesthetic and safety compatibility with existing
right-of-way and adjacent land uses, branding or trademark factors,
and other relevant criteria.
d.
The distributor shall maintain the news box in good working order
and reasonably free of (i) dirt, grease, or graffiti, (ii) chipped,
cracked, peeling or faded paint, and (iii) rust or corrosion. The
clear plastic or glass parts of the box, if any, shall be clear, unbroken
and reasonably free of cracks, dents, blemishes, and discoloration.
The door through which the newspapers or printed materials are obtained
shall be constructed and maintained so that it automatically closes
securely after opening to prevent printed materials from falling from
or blowing out of the box, and the structural parts thereof shall
not be broken or damaged.
e.
The distributor shall post the distributor's name, address, and business
telephone number in a conspicuous place approved by the director on
the news box so that the public may report a malfunction or secure
a refund in the event of a malfunction of the coin return mechanism
or to report damage or destruction of the news box. The distributor
shall also post in a conspicuous place on the news box the number
issued by the director for the box.
f.
The distributor shall not place or allow to be placed any advertising
or publicity on the news box except the name of the printed material
distributed therein.
4.
If a news box remains empty or the printed material is not changed
in accordance with its regular publishing schedule for a period of
thirty (30) consecutive days, the news box shall be deemed abandoned.
F.
Seizure Of News Boxes.
1.
The director is authorized to seize any non-permitted or abandoned
news box or any news box in substantial non-compliance with its permit
or this Section. Any news box that is the subject of more than three
(3) violation notices within its license year shall be presumed in
substantial non-compliance.
2.
If the distributor is known, the director shall provide the distributor
(i) with ten (10) days' written notice and opportunity to cure before
the seizure, and (ii) written notice after the seizure. If the distributor
is unknown, the director shall have posted, within ten (10) feet of
where the news box is seized, a notice that the machine or device
has been seized, signed by the person seizing the machine or device,
along with the address and telephone number of the office of the Director
of Finance.
3.
The director shall hold any seized news box for thirty (30) days, after which the director shall remove any funds from the news box. If not claimed by the distributor within that time, the news box may be sold at public auction and the proceeds, including any retrieved coinage, used as provided in Section 605.220. If the news box is not purchased at auction, the director may dispose of the news box at the distributor's cost. News box seizures shall not relieve the distributor from any penalty for violation of this Section.
G.
Appeals.
1.
Any person aggrieved by a final determination of the director may
appeal in writing to the City Manager within five (5) business days
thereof. The appeal shall assert specific grounds for review, and
the City Manager shall render a decision on the appeal within fifteen
(15) business days of its receipt affirming, reversing or modifying
the determination of the director. The City Manager may extend this
time period for the purpose of any investigation or hearing deemed
necessary. A decision affirming the director's determination shall
be in writing and supported by findings establishing the basis of
the decision.
2.
Any person aggrieved by a final determination of the City Manager
may file a petition for review pursuant to Chapter 536, RSMo., as
amended, in the Circuit Court of the County of St. Louis. Such petition
shall be filed within thirty (30) days after the City Manager's final
determination.
