A. Construction. Newsracks shall be self supporting, stable and rigidly assembled, and the base shall be substantially rectangular in outline. Newsrack bases shall consist of either a pedestal, or four legs which are surrounded by solid material which extends down substantially to grade level, so as to prevent trash from becoming caught between or among the legs and to reduce the hazard of tripping sight-impaired pedestrians.

B. No Fixed Newsracks. No newsrack may be chained, bolted, or otherwise attached to any other newsrack, or any structure in the public right-of-way, except pursuant to a designation under Section 16.40.130 of this chapter, or as specified herein; except that newsracks may be bolted to each other internally, if all of the owners thereof consent. As used in this subsection, "structure" shall include, but not be limited to, bus shelters, bus stop benches, sign poles, light or traffic signal poles, telephone poles, parking meters, fire hydrants, call boxes, mailboxes, telephone stands, trees, shrubs or other street furniture or landscape elements in the public right-of-way. However, newsracks may be fastened with bolts installed in concrete paving in the public right-of-way in a manner approved by the City so as not to present a hazard to pedestrians.

C. Exterior. Each newsrack shall be painted metal, plastic, or other material designed for the installation out of doors, and capable of remaining in good, stable and safe condition for an extended period of time; newsracks shall include an operable self-closing door or other equally effective mechanism or design which prevents publications from being removed unintentionally from the newsrack, or being blown about by wind.

D. Height. The maximum height of the exterior of any newsrack may not exceed fifty-four inches in height measured from the lowest immediately adjacent grade. The compartments of multi-unit newsracks shall be placed in such a manner as to utilize no more than two horizontal tiers. In no event shall any part of the newsrack which requires operation by the public, including but not limited to the coin slot, operating mechanism, handle or other such device, be greater than forty-eight inches or less than fifteen inches above the adjacent pavement in front of the newsrack.

E. Operation. Controls and operating mechanisms shall be operable with one hand and shall not require tight grasping, punching, or twisting of the wrist. The force required to activate controls or to open the door of the newsrack shall not exceed five foot-pounds.

F. Advertising. No newsrack shall be used for advertising signs or publicity purposes other than the display, sale, or distribution of the newspaper or publication distributed from it, or cross-promotions involving that newspaper or publication.

G. Identification. Every newsrack owner shall clearly and permanently affix to each newsrack the owner’s name, address and phone number and instructions for receiving a refund in the event of coin return malfunctions, as well as any annual or temporary registration sticker issued by the City.

H. Blinders. No material which is harmful to minors, as defined in Penal Code Section 313, may be displayed in a newsrack unless blinder rocks are placed in front of the material so that the lower two-thirds of the material is not exposed to view. In any criminal prosecution under this subsection, the City Attorney must establish that the owner had knowledge of the harmful character of the material displayed and the age of the persons to whom it was to be displayed. (Ord. 6326-NS § 1 (part), 1996)