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RESO 2002-09 - Printed City NewsRESOLUTION NO. 2002-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A POLICY FOR THE PLACEMENT AND DISTRIBUTION OF PRINTED MATERIAL, INCLUDING NEWSPAPERS OR OTHER NEWS PERIODICALS, AT CITY'S OFFICE BUILDINGS, EXCEPT THE LIBRARY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has several office facilities including the City Hall, Service Center, Police Station and Fire Station, to which the general public has access; and WHEREAS, various persons, organizations, and governmental bodies desire to place material at the City's facilities for distribution to the general public; and WHEREAS, the City desires to reduce visual blight and protect the aesthetics and value of the City's facilities by adopting a policy for the distribution of printed or reproduced material at City facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The following constitutes the City of Huntsville's policy for the placement and distribution of printed or reproduced material at City facilities: 1. Purpose. 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 City of Huntsville, Texas, in their use of City facilities through the regulation and distribution of the placement, appearance, and servicing of printed and reproduced material. 2. Definitions. a. City facility or facilities shall mean those facilities owned or leased by the City and which include offices or functions of the City which are normally accessible by the general public during normal business days and hours. City facilities include, but are not limited to, City Hall, Service Center, Fire Stations, and the Police Administration Building. City facility does not include the City's Public Library. b. Distributor means the person responsible for placing and maintaining a newsrack at a City facility. c. Newsrack means any self - service or coin - operated box, container, storage unit or other dispenser installed, used, or maintained for the display and/or sale of newspapers, news periodicals, or advertising periodicals such as real estate listings, auto or truck traders, job listings, greensheets or thrifty nickels. d. Person means any person or persons, or entity including, but not limited to, a corporation, partnership, unincorporated association or joint venture. e. Printed material means anything printed or reproduced on one or more sheets of paper and includes, but is not limited to, newspapers, flyers, leaflets, pamphlets, booklets, drawings, photographs, coupons, and posters. 3. Conditions for Placement of Printed Material. No printed material may be placed in the areas open to the general public within a City facility except printed material which is produced, printed by, sponsored by or partially sponsored by the City of Huntsville, Walker County, Huntsville Independent School, Sam Houston State University, an agency of the State of Texas, an agency of the United States, Huntsville - Walker County Chamber of Commerce, or a nonprofit corporation designated tax- exempt under Section 501(c)(3) of the Internal Revenue Code. Printed material advertising products or services for sale or containing coupons in connection with the sale of merchandise or services is prohibited on City facilities except such material that is contained within a newspaper or news periodical. Newsracks are prohibited inside a City facility, but are allowed pursuant to the provisions contained in Sections 4 and 5 below. Any person desiring to place printed material within a City facility other than in a newsrack shall submit same to the City Manager or his/her designee(s) for review pursuant to this policy, and same shall be placed within the City facility or facilities as directed by the City Manager or designee(s) so as to prevent blight and clutter and to protect the aesthetics and value of the City's facilities. Any printed material placed within a City facility without the review and approval of the City Manager or designee(s) shall be removed and discarded. The City Manager may appoint a designee at each City facility to be responsible for reviewing and approving the printed material to be placed or distributed at that facility. 4. Placement and Distribution ofNewspaper and Other News or Advertising Periodicals. The distribution and placement of newspapers, news periodicals and other advertising periodicals on City facilities shall only be allowed in newsracks pursuant to the provisions of this policy. Any newspaper, news periodical, or advertising periodical placed at a City facility, but not placed in a newsrack shall be immediately removed and discarded. 5. Regulations Concerning Newsracks. A person desiring to place and distribute newspapers, news periodicals and/or other advertising periodicals on City facilities shall do so by placing same within a newsrack placed on said facility or facilities by said person at a location approved by the City Manager or his/her designee(s). Any newsrack placed on a City facility shall be placed at a location adjacent to the normal entrance to the facility as designated by the City Manager or his/her designee and pursuant to the following standards and regulations: a. No newsrack shall exceed four (4) feet in height, thirty (30) inches in width, or two (2) feet in thickness, and the newspapers, news periodicals or other advertising periodicals shall be placed within an enclosure with either a clear plastic or glass front through which the publications therein are viewed. The clear plastic or glass parts thereof shall be unbroken and reasonably free of cracks, dents, blemishes or discolorations. b. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, purchase, or distribution of the newspaper, news periodical, or advertising periodical sold or distributed therein. c. If the newspaper, news periodical, or advertising periodical is to be sold, the newsrack shall be equipped with a coin -return mechanism to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the paid for publication. The coin - return mechanism shall be maintained in good working order. d. 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, address, and telephone number of the distributor to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin -return mechanism. e. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times so that it is reasonable free of dirt; grease; chipped, faded, peeling and cracked paint; and rust and corrosion. f. The structural parts of each newsrack shall not be broken or unduly misshapen, and any paper or cardboard parts shall be reasonably free of tears, peeling, or fading. g. No newsrack shall be placed at a location that interferes with the ingress and egress to the City facility and may not be placed within five (5) feet of any door to the facility. h. No newsrack shall be chained, bolted, or otherwise attached to any fixture located on the City facility except to other newsracks. i. In the event that a newsrack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned, summarily removed and processed as unclaimed property. 6. Display of Certain Matter Prohibited. Any publication or material that contains obscene material as that term is defined by the Texas Penal Code or which contains nudity shall not be distributed from newsracks placed on City facilities. 7. Violations. Upon determination by the City Manager that a newsrack has been installed, used or maintained in violation of the provisions of this policy, he /she shall notify the distributor using said newsrack of the violation and shall give a reasonable period of time, but not less than five (5) days, for the distributor to correct the violation. If the distributor fails to correct the violation within the time period given, then the offending newsrack will be summarily removed and processed as unclaimed property. SECTION 2: If any portion of this Resolution, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council determines that it would have adopted this Resolution without the invalid provision. SECTION 3: This Resolution shall take effective immediately from and after the date of its passage. PASSED AND APPROVED THIS 19TH DAY OF MARCH 2002. AT _ ST: Darma Welter, City Secretary APPROVED AS TO FORM: Pau! C. Isham, City Attorney CITY OF HUNTSVJLLE, TEXAS illiam B. Green, Mayor