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(a) The City has a substantial governmental interest in promoting the public health, <br />safety, welfare and convenience by ensuring use of the public rights-of-way without <br />unreasonable interference. <br />(b) The public health, safety, welfare and convenience require that: <br />(1) Unreasonable interference with vehicular or pedestrian traffic is avoided; <br />(2) Obstruction of views of traffic, traffic signs and pedestrians is eliminated; <br />(3) Damage to sidewalks and streets is minimized and repaired; <br />(4) The good appearance of the public streets, sidewalks and grounds is <br />maintained; <br />(5) Trees and other landscaping are allowed to grow undisturbed; <br />(6) Access to emergency and other public facilities is maintained; and <br />(7) Ingress and egress from properties adjoining public rights-of-way are <br />maintained. <br />(c) The unregulated placement of newsracks in public rights-of-way may <br />unreasonably interfere with use of the public rights-of-way, and may present hazards to <br />persons or property. <br />(d) The City has a substantial governmental interest in preserving the aesthetic <br />character of the Special Newsrack Districts. <br />(e) The purpose of the regulations set forth in this Chapter is to ensure that the <br />placement and appearance of newsracks in the public rights-of-way do not <br />unreasonably interfere with the public health, public safety and convenience, and to <br />preserve the aesthetic character of the Special Newsrack Districts, in particular. <br />(f) It is intended that the provisions of this Chapter, and compliance with such <br />provisions, shall be consistent with all laws protecting access to services for persons <br />with disabilities, including but not limited to the Americans with Disabilities Act. <br />(g) The regulation of newsracks as set forth in this Chapter provides the least <br />intrusive and burdensome means for ensuring the purposes stated in this section are <br />carried out while still providing ample opportunities for the distribution of news, opinion <br />and information to the public. <br />(h) This Chapter is not intended to regulate the placement of newsracks on private <br />property or property under the jurisdiction of any public agency other than the City. <br />ORDINANCE NO. 2005-004 2 <br />