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<br />"" <br /> <br />a. Not be placed in any parkway; <br />b. No more than four (4) newsboxes placed side by side and each grouping and be no closer <br />than I 0 feet a part; <br />c. Not be placed within specified distances of utilities, driveways, trees and fire, or police <br />equipment, etc; <br />d. Located only on arterial streets. <br /> <br />3. Requiring Design Standards: In general, SAMC 33-161 provides certain standards that all <br />newsboxes must follow. The courts assert that in general, it is OK to limit the "design" of <br />newsboxes to certain dimensions and colors. For example the City may require that: <br /> <br />a. All newracks shall be K-Jack model KJ 950, or equivalent and painted Green in color. <br />b. Advertising shall not be allowed on the newsboxes. <br /> <br />The following are a range of regulations the courts have found to be unconstitutional and <br />therefore not recommended. <br /> <br />I. Total ban of all newsboxes. <br />2. Standards that ban patented newsboxs. <br />3. Allowing for "subjective" interpretation of the standards imposed by the ordinance. <br />4. Denial of the permits based upon existing violations. <br />5. Lengthy approval or denial period for a newsbox permit. <br />~ 6. Fees that exceed the cost to provide the service. <br /> <br />The Process <br />We have been keeping the City Staff informed of our research recognizing that any additional <br />regulations will have a manpower impact on staff, particularly Public Works. We also have <br />agreed to bring the issue to the N.I.C.E. Committee for discussion at an upcoming meeting. <br /> <br />As a cautionary note, regulating the news media is very dangerous proposition, as it has been <br />said, "never pick a ink fight with someone who purchases ink by the barrel". <br /> <br />'-' <br /> <br />THIS DOCUMENT IS CONFIDENTIAL AND SUBJECT TO THE ATTORNEY CLIENT AND/OR <br />ATTORNEY WORK PRODUCT PRIVELEGES. <br />DISCLOSURE OF THIS DOCUMENT OR THE CONTENTS THEREOF MAY BE A VIOLATION OF <br />LAW. <br /> <br />3 <br />