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HomeMy WebLinkAbout0312_001MINUTES COMMITTEE OF THE WHOLE JUNE 11, 1991 I. ROLL CALL The meeting was called to order at 7:30 p.m. Present at the meeting were: Mayor Gerald L. Farley; Trustees Mark Busse, George Clowes, Timothy Corcoran, Leo Floros, Paul Hoefert and Irvana Wilks. Also present at the meeting were: Assistant Village Manager John Burg, Planning and Zoning Director David Clements, Planner Mike Sims, Economic Development Director Ken Fritz, Planner Julie Farnham; 22 persons in the audience and three members of the press. IL MINIM The Committee of the Whole Minutes of May 28, 1991 were accepted and filed. 111. C . -ITIZENS TO, BE HFAM There were no citizens to be heard. om Kea Mayor Farley. introduced the subject of the Home Occupation Ordinance. He advised that Trustee Clowes would exclude himself from the discussion and voting on this item. Mayor Farley said that Trustee Clowes had sent him a letter indicating that he had immediately ceased any business in his home. Trustee Clowes said that he had suspended his home-based business and excused himself from the discussion. He said he apologized for his lack of knowledge of how the Ordinance affected the operations at his home. Trustee Clowes then left the podium and went into the audience. Planning and Zoning Director David Clements updated and outlined the changes and recommendations listed in his June 4 memo regarding the Home Occupation Ordinance. Mayor Farley then asked Trustee Wilks to outline the changes she had recommended. Trustee Wilks read into the record her June 11 memo and asked to have it attached to the Minutes. Mayor Farley then went point -by -point through Mr. Clements' June 4 memo on the Home Occupation Ordinance. The Committee asked various questions about different points contained in the proposed Ordinance. One item of discussion was the notion of allowing inventory in the home. After discussion, the Committee directed staff to recommend a reasonable amount of storage space in the amended version of the Ordinance. Trustee Corcoran began questioning the meaning of home occupation and home office. Trustee Corcoran indicated that his wife worked for an employer but that she worked mainly at home. When it became apparent that this activity might possibly be a home occupation or a home office, Trustee Corcoran also excused himself from the podium and went into the audience. Trustee Busse indicated his concern that Trustees Clowes and Corcoran should not step down from the podium. Mayor Farley indicated that the Trustees were not asked to do so but that they chose to do this on their own. The Committee then discussed the provision for an employee in the home. It was the consensus of the Committee not to allow an employee in the home. Mayor Farley introduced a discussion about the appropriate type of vehicle that should be allowed under the Home Occupation Ordinance. He suggested that consideration might be given to allow a Class D truck rather than the suggested Class B truck. Mr. Clements suggested that the requirement in the Ordinance would be to garage a vehicle and referred to the appropriate section of the Zoning Ordinance restricting the size of garages in residential areas. The Committee felt it would be appropriate to consider changing the requirement from Class B vehicles to Class D vehicles. Mayor Farley asked a question about how music lessons could be accommodated under this Ordinance. Trustee Busse asked about dance lessons. Trustee Wilks asked about tutors. After discussion, the Committee decided to change this section to refer to instructional lessons for not more than three pupils at a time. The Committee then discussed the idea of having a fee for the Home Occupation License. The Committee also discussed registration of home occupation. Although the Committee did not agree on a fee, it was the consensus of the Committee to require registration, however, Trustees Floros and Hoefert were not in favor of the fee or registration. From the audience, Trustee Corcoran then asked a number of additional questions about the Home Occupation Ordinance and raised certain concerns. He said that the intent of the Ordinance was to preserve the character of the neighborhood, not to register these home occupations. He also suggested to allow the Manager to enforce the Ordinance rather than the Court. -2- Mayor Farley disagreed and felt enforcement should be with the Court. Enforcement by the Manager with appeal to the Village Board would open this up too much to the political process. After discussion, it was the consensus of the Committee to have enforcement by Housing Court. Mayor Farley then opened the discussion up to public comment. Five residents commented on the proposed Horne Occupation Ordinance. Mr. Clements indicated that copies of the amended Home Occupation Ordinance would be available at the office of the Village Clerk on Friday afternoon. There was a recess from 9:52 p.m. until 10:03 p.m. Planning and Zoning Director David Clements then outlined the general approach to be taken in the revision of the Zoning Ordinance. He gave examples of some areas that might be considered for change to reflect what is happening in the Village at this time and to streamline the process. Trustee Hoefert suggested that the Board be careful about changing the character of established neighborhoods. The Committee asked various questions about the proposed revisions to the Zoning Ordinance. It was the consensus of the Committee that it would be desirable to work toward streamlining the process for the residents. The Committee also agreed that it would be good to involve a member of the ZBA, the Board and BDDRC in the process. VI. MANAGER'S REPORT 1. Assistant Village Manager John Burg distributed pamphlets regarding the low- interest mortgage program in the Village and indicated how residents could get information on this program. 2. The Village received bids on the three locker room trailers and will have a recommendation at the next Board meeting. 3. The Village will receive demolition bids on Wednesday. A recommendation will also be made to the Village Board at the next meeting. VII. ANY OTHER BUSINESS Mayor Farley indicated that he was advised that someone in the audience would like to discuss the fence on the McBride's property. .3. David Hinske, a resident near McBride's, and other residents in the area requested permission from the Committee to install an 8' fence, because the owners of McBride's is removing the existing fence. Trustee Wilks, attempted to poll the Committee to see if there would be support to allow an W fence. Trustee Wilks felt this would give a comfort level to the residents to know that they would have support going into the request for the Zoning Variation. However, there was not support for an 8' fence. Mayor Farley indicated that the property owners could put up a 6' fence as long as they obtain the proper Permit. A request for a fence higher than 6' would, of course, have to go through the normal Zoning Board process. Assistant Manager Burg was asked to contact the owner of the McBride's property to see if he or a future owner would be interested as a good -will gesture to install a 6' fence. Trustee Corcoran then discussed a moratorium on removing obstructions from the parkway to allow time to redraft the Ordinance. Trustee Hoefert asked when the Village expects to hear from Broadacre. Mr. Clements responded. VIII. ADJOURNMENT There being no further business, the meeting adjourned at 11:40 p.m. JPB/rcw Respectfully submitted, JOHN P. BURG Assistant Village Manager -4- Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: JOHN F. DIXON, VILLAGE MANAGER FROM: CHERYL L. PASALIC, COMMUNICATIONS ADMINISTRATOR C, DATE: JUNE 20, 1991 RE: UPDATE ON CABLE TELEVISION This memo is to brief you on several recent developments with cable television in Mount Prospect. I will categorize these by subject and provide background and information on each subject. ENCORE AND CHANNEL REALIGNMENT As you know, Telenois (TCI) recently realigned channels and launched some new services. One of these new services was a TCI - owned premium channel called ENCORE. This channel was to be provided free for the first month and would be subject to a monthly fee thereafter. The customers were told they must call to cancel this service to avoid being charged for it. That is what is called a negative option, and is not allowable under Illinois consumer protection laws. Contrary to what some of the newspapers reported, it was this office who went to the Cook County State's Attorney with this matter after review by our legal counsel. The State's Attorney and some of our residents then went to the Illinois Attorney General's office with this matter. Assistant Attorney General, C. Gill Fergus, then called me to go over the information. I informed him that several states had or were in the process of filing suit against TCI and it's subsidiaries for this negative option marketing plan. Subsequently, suit was filed (2 counts) by Illinois Attorney General Roland Burris. TCI has announced nationally that they will drop that marketing plan due to the legal battles and will only charge customers who call to request the channel. Another development in the channel realignment was the loss of the Trinity Broadcast Network (TBN) , a religious channel. It was replaced with VISN, an interdenominational religious channel. We have received a few phone calls about this from residents who are very upset. There was evidently enough outcry that TBN took out ads in our local papers to "rally the troops" so to speak and fight this (see attached). Page 2 FRANCHISE MODIFICATION I have not received any new proposals from Telenois with regards to franchise modification since their initial proposal was rejected last year. As you are well aware, Cablenet talked of modification for years as did Cablenet and Associates once TCI bought into Cablenet. In 1988, Telenois, who was now the franchisee, made quite a bit of noise about wanting to do away with the convertor and wanting to upgrade the system. Telenois also spoke of needing modification requests for financial relief. Promises were made that a proposal was on its way all year long. Then in February, 1989, a proposal was finally brought to the communities of the Northwest Municipal Cable Council. Questions were raised and more information requested on the proposal. The Cable Council began soliciting for outside counsel and consultants. It wasn't until January, 1990 that a revised proposal was received. I began working for the Village in that month and was immediately thrust into negotiations on this proposal. These were long, hard negotiations which had many twists and turns. The premise of even negotiating was based on Telenois' claims that, as a part of the modification, they would completely do away with the convertor boxes and would rebuild and upgrade the system with fiber optics which was a major enticement. An ironic turn of events took place when, without notice, Telenois began rebuilding the system without the modification having been agreed to. This was the cable company's biggest bargaining chip and frankly the biggest incentive to agree to modify the franchise. Negotiations continued nonetheless and as talks continued, the scope of some things changed. Through the use of outside counsel and consultants, the Cable Council communities learned that the system rebuild was essential due to the very poor condition of the plant that was in place. Due to FCC regulations, it looked as though the work that had already commenced would have been necessitated anyway. I might also note that the promise of completely eliminating the convertor box was not true. In addition, the equipment that Telenois proposed for their "user friendly" system was actually taking strides backwards in technology when the rest of the industry was moving in the opposite direction. one of the most frustrating factors in the whole process was that Telenois experienced several changes of management and negotiating personnel throughout our talks. Very rarely did the same people sit at the table with us while we negotiated with the same people on our side each time. Many of their representatives were not familiar with our franchise agreement nor local codes. This caused further delays. With the major incentive of fiber optics already completed without modification, the company's request to decrease capacity and lose channels was not very favorable. The company claimed it needed to do this because it was having financial difficulty, but refused to provide financial data to support this. This became the crux of the issues because under the Cable Act of 1984, formal requests for modification must be addressed within a time frame and must be proved that original requirements were commercially impracticable. Page 3 Telenois did not request formal modification and it is suspected that this is due to the fact that commercial impracticability can not be proved by Telenois. To make this very long story short, the proposal was rejected by the Village Board at a Committee of the Whole meeting this time last year. The Board wanted more financial information from Telenois and a proposal that offered substantial increased benefits to subscribers. Because rates can be raised arbitrarily by the cable company, promises of lower rates were not legally enforceable. The new System Manager, Kelvin Fee, and I plan to meet again shortly to discuss whether Telenois has plans for future modification requests. I would suggest that you also be present at this meeting if your schedule will allow. CHANNEL 63 It has been a little more than one year since the change of personnel took place in this division. In this time, we have increased the amount of local programming from 30-354 locally produced to 75-85% locally produced. In addition, we have increased the number of hours of operation and playback of programs to an all-time high. We currently run in the neighborhood of 290 to 325 hours per month of programming. Another feature we have added is the regular production of public service announcements on upcoming projects, events, or services for residents. We have received quite a bit of positive feedback from staff and residents. NOTICE1111111,111111111111 0 1 a I a 0 0 w rw � The local cable company has dropped TBN from the cable channel line-up. Although TBN is the highest rated religious network in America, it has been replaced by VISN, an interfaith network that has the lowest ratings. According to a recent Arbitron report (February 1991) there are 25 TBN viewers for every VISN viewer. So why is the most popular religious service being replaced by the least popular, service? We believe it is because the cable industry has a multi-' million dollar financial interest in VISN, and they feel obligated to put their service on. We would not object if cable systems added VISN or other religious networks without taking a channel away from TBN. After all, cable systems catry multiple movie, sports, music and news channels. Why not carry more than one religious channel? But if they only have room for one religious channel, then why not feature the channel that is watched by the most viewers? You can help by filling out the coupon below and mailing it back to TBN. We will tabulate the coupons and report the results to the cable company and city leaders. Also, please write a letter to the cable company manager, and one to the Mayor's office or the City Council. Local governments do not have the authority to force cable companies to air specific channels, but they do have the authority to decide if a cable company can continue its franchise, or they can allow competing cable companies or similar services to also operate within the city. Since TBN does not have a local broadcast station in your community, you still could receive TBN 'Via satellite with a backyard dish. A satellite equipment package can be purchased for as low as $500. Check your dotal paper or phone book for a satellite dish installer. PLEASE COMPLETE SURVEY BELOW AND MAIL I U: TBN CABLE NETWORK, 2528 U.S. 31 SOUTH, GREENWOOD, IN 46143 To the Cable Management: 1. I watched TBN U Often ❑ Sometimes U Seldom 1 am a subscriber, 2. 1 D will O will not cancel cable becauseTBN was dropped. and I want T6N back! 3. 1 U would U would not consider switching to another cable or wireless service if TON is available. NAME: r+r rr r� ■r war L am w rr a STATS: + ZIP'. crrY: rr rri �wu rr rir am rir No rr rw VM t ARNSTEIN & LEHR 120 SOUTH RIVERSIDE PLAZA - SUITE 1200 - CHICAGO, ILLINOIS 60606-3913 (312) 876-7100 BARRINGTON ILLINOIS FAX (312) 676-0288 WEST PALM BEACK FLORIDA TELEX 810-2211142 Everette M. Hill Jr. (312) 876-7874 May 14, 1991 Mr. John Dixon Village Manager Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL 60056 Re: Newspaper Vending Machines Dear John: KLWAUKEE, WISCONSIN Enclosed please find two drafts of an ordinance regulating newspaper vending machines. one draft includes a definition of nudity and sexually explicit material and prohibits such material from being displayed in a newspaper vending machine. The other does not contain such a prohibition. Additionally, please note that I have not dealt with express mail -type drop boxes in this ordinance. I think that the two issues are sufficiently different and that they should be dealt with separately and I am working on an ordinance regulating express mail -type drop boxes. I will be available to discuss this on Thursday. Sincely, eT // Everette M. Hill, Jr. EMH/hm Enclosure ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule power; SECTION 1: That a new Division 38 entitled Newspaper Vending Machines shall be added to Chapter 11 of the Mount Prospect Village Code to be and read as follows: Division 38 - Newspaper Vending Machines Sec. 11-3801 DEFINITIONS. For purposes of this Division, the following words as used herein shall be construed to have the meanings herein ascribed thereto, to wit: DISTRIBUTOR. The term "distributor" shall mean the person responsible for placing and maintaining a newspaper vending machine in a public right of way. NEWSPAPER VENDING MACHINE(S). The term "newspaper vending machine(s)" shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals. PARKWAY. The term "parkway" shall mean the area between the sidewalks and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel. ROADWAY. The term "roadway" shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel. SIDEWALK. The term "sidewalk" shall mean any surface provided primarily for the use of pedestrians. STREET. The term "street" shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. A-� See. 11-3802., PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, in the Village of Mount Prospect any newspaper vending machines without first having obtained a permit from the Village of Mount Prospect specifying the exact location of such machine(s). One permit may be issued to include any number of newspaper vending machines and shall be signed by the applicant. See. 11-3803. APPLICATION FOR PERMIT. Application for a newspaper vending machine(s) shall be made upon a form provided by the Village Manager of the Village of Mount Prospect and filed with the Village Manager. The applicant shall truthfully state in full the information requested on the application, to wit: (1) Name, address and telephone number of residence of person making application. Name, address and telephone number of place of business. (2) Specific location of proposed newspaper vending machine(s). (3) Concurrence that as an express condition of the acceptance of the permit, the permittee agrees to indemnify and save harmless the Village, its officers, directors and employees against any loss or liability for damage, including expenses and costs for bodily or personal injury and for property damage sustained by any person as the result of the installation, use or maintenance of a newspaper vending machine(s) within the Village of Mount Prospect. (4) Every applicant for a permit for a newspaper vending machine(s) which will be located on public property or a public right of way shall file with the Village of Mount Prospect a copy of a liability insurance policy covering all damage or injury that might be caused by the newspaper vending machine(s), issued by an insurance company authorized to do business in the State of Illinois. The limits of liability shall be not less than dollars ($_) for property damage and personal injuries. The Village of Mount Prospect, its officers, agents and employees shall be named as additional parties insured. Such policy shall be maintained in force throughout the life of the permit. If at any time the policy shall not be in full force, the permit shall become null and void. (5) Application shall be signed by the applicant. (6) Also such additional relevant information as the Village Manager may reasonably deem necessary to process the application. Permits shall be issued for the installation of a newspaper vending machine(s) without prior inspection of the location of the newspaper vending machine(s) and the installation, use or maintenance shall be conditioned solely upon observance of the provisions of this Division. Sec. 11-3804. FEES., The annual fee for the license required by this Division shall be for each vendor or distributor that erects, places, maintains or operates, on any public street or sidewalk, or in any other public way or place, one or more newspaper vending machines in the Village of Mount Prospect. Whenever the number of newspaper vending machines so erected, placed, maintained or operated shall be increased during the license year, the licensee shall notify the Village Manager of such change. Sec. 11-3,805. STANDARDS FOR MAINTENANCE AND INSTALLATION. Any newspaper vending machine which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards: (1) No single -newspaper vending machine shall exceed fifty inches (5011) in height, twenty seven inches (2711) in width, or twenty inches (2011) in depth. No double - newspaper vending machine shall exceed sixty inches (6011) in height, twenty four inches (2411) in width, or twenty inches (2011) in depth. (2) No writing or advertising may be displayed on any newspaper vending machine. The only writing which may appear on the machine shall be the name and price of the newspaper, instructions for its use, and information to report a malfunction of the machine. (3) Each newspaper vending coin -return mechanism machine to secure an is unable to receive coin -return mechanism working order. machine shall be equipped with a to permit a person using the immediate refund in the event he the publication paid for. The shall be maintained in good (4) Each newspaper vending machine shall have affixed to it a notice setting forth the name and address of the distributor and a working telephone number to call during normal business hours to report a malfunction of the coin -return mechanism. Such notice shall not exceed one square foot in size and shall be located to be seen by anyone using the newspaper vending machine (5) The newspaper vending machine may only be located on a solid surface such as concrete or asphalt. (6) Each newspaper vending machine shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newspaper vending machine shall be serviced and maintained so that: (a) It is reasonably free of dirt and grease. (b) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas. (c) It is reasonably free of rust and corrosion in the visible unpainted metal areas. (d) The clear plastic or glass parts, if any, through which the publications are viewed shall be unbroken and reasonably free of cracks, dents, blemishes and discoloration. (e) The structural parts shall not be broken or unduly misshapen. Sec. 11-3806. LOCATION AND PLACEMENT OP NEWSPAPER VENDING MACHINES. Any newspaper vending machine which rests in whole or in part upon, or on any portion of a public right of way or which projects onto, into or over any part of a public right of way shall be located in accordance with the provisions of this Section: (1) No newspaper vending machine shall be used or maintained which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part upon, along or over any portion of the roadway of any public street. (2) No newspaper vending machine shall be permitted to rest upon, in or over any public sidewalk or parkway under any of the following conditions: (a) If it can be reasonably demonstrated that such installation, use or maintenance endangers the safety of persons or property; (b) When such site or location is used for ground level or underground public utility purposes or public transportation purposes; - 4 - (c) When such newspaper vending machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other public use objects permitted at or near the location. (3) No newspaper vending machine shall be bolted or otherwise attached to any fixture located in the public right of way, except to other newspaper vending• machines. Chains shall not be permitted as a method of attaching newspaper vending machines together. (4) Newspaper vending machines may be placed next to each other, provided that no group of single -newspaper vending machines shall extend for a lineal distance of more than seven feet (711), and no group of double - newspaper or combination single and double -newspaper vending machines shall extend for a lineal distance of more than four feet (41). (5) No newspaper vending machines shall be placed, installed, used or maintained on any public right of way under any of the following conditions: (a) Within three feet (31) of any marked crosswalk. (b) Within twelve feet (121) of the curb return of any unmarked crosswalk. (c) Within five feet (51) of any fire hydrant, fire call box, police call box or other emergency facility. (d) Within five feet (51) of any driveway. (e) Within three feet (31) ahead or fifteen feet (151) to the rear of any sign marking a designated bus stop. (f) within three feet (31) of the edge of any bus bench or bus shelter. (g) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (61). (h) Within three feet (31) of or on any government area improved with lawn, flowers, shrubs, trees or other landscaping. - 5 - (i) Within a three hundred foot (3001) radius of any other newspaper vending machine located on a public right of way containing the same issue or edition of the same publication. (j) At the intersection of or along the parkway of any street that does not permit parking. Sec. 11-3807. VIOLATIONS. (1) Upon determination of the Village Manager that a newspaper vending machine has been installed, used or maintained in violation of the provisions of this Division, an order to correct the offending condition shall be issued by the Village Manager to the permittee or 'the distributor of the newspaper vending machine. Such order may be telephoned or telefaxed to the distributor and confirmed by mailing a copy of the order by regular mail. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to correct the offending condition within three (3) days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order shall result in the offending newspaper vending machine being summarily removed and processed as unclaimed property by the Village Manager. ' (2) Any newspaper vending machine, the owner or distributor of which is not properly licensed under the provisions of this Division shall be immediately removed and processed as unclaimed property. (3) If a newspaper vending machine is in such a condition as to create a danger to public safety, the Village Manager shall have the authority to immediately remove or cause the removal of such newspaper vending machine. (4) The cost of the removal shall be charged to and recovered from the distributor or from the person for whom the machine has been or is being installed. Sec. 11-3808. PLACEMENT OF NEWSPAPER VENDING MACHINES ON PUBLIC BUILDING PREMISES. Newspaper vending machine licenses may be denied for placement on the premises, inside or outside of a building owned or leased by the local, County, State or Federal government when, in the judgment of the appropriate government authorities, the machine(s) will interfere with any of the following: (1) The public safety; (2) The ability of the user to carry out primary activities of the building; (3) The aesthetic or design continuity or scheme of the building or its premises. Sec. 11-3809. BUILDING COMMISSIONERIS DESIGNATED REPRESENTATIVE. The Village Manager as used in this Division shall include his designated representative. Seo. 11-3810. ABANDONMENT. In the event a newspaper vending machine remains empty for a period of fourteen (14) continuous days, the same shall be deemed abandoned and in violation of this Division and may be treated in the manner as provided in Section 11-3807 of this Code. Sec. 11-3811. PENALTY. In addition to any other remedies available to the Village of Mount Prospect, any person found guilty of violating any provision of this Division shall be subject to a fine of not less than one Hundred ($100.00) Dollars or more than One Thousand ($1,000.00) Dollars. Each day the violation continues shall constitute a separate offense. Sec. 11-3812. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Division is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Division. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3:. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED: This - day of AYES: NAYS APPROVED by me this ABSENT: PASS: day of - 7 - , 1991. , 1991. President of the Village of Mt. Prospect ATTESTED and FILED in the office of the Village Clerk this day of It 1991. EMH20RD-3A - 8 - llage Clerk ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule power; SECTION 1: That a new Division 38 entitled Newspaper vending machines shall be added to Chapter 11 of the Mount Prospect Village Code to be and read as follows: Division 38 - Newspaper Vending Machines Sec. 11-3801 DEFINITIONS. For purposes of this Division, the following words as used herein shall be construed to have the meanings herein ascribed thereto, to wit: DISTRIBUTOR. The term "distributor" shall mean the person responsible for placing and maintaining a newspaper vending machine in a public right of way. NEWSPAPER VENDING MACHINE(S). The term "newspaper vending machine(s)" shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals. NUDITY. The term "nudity" shall mean the showing with less than a fully opaque covering of the genitals, pubic hair, buttocks, natal cleft, perineum, anus or anal region of any person, other than a child under the age of puberty, or any portion of the breast at or below the areola thereof of any female person, other than a child under the age of puberty or the depiction of covered male genitals in a discernibly turgid state. PARKWAY. The term "parkway" shall mean the area between the sidewalks and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel. ROADWAY. The term "roadway" shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel. SEXUALLY EXPLICIT MATERIAL. The term "sexually explicit material" shall mean any pictorial material depicting human sexual intercourse, human or animal masturbation, bestiality, excretory functions, direct physical stimulation or touching of unclothed genitals or pubic areas of the human male or female, flagellation or torture by or upon a person in the context of a sexual relationship or sexual stimulation. The material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of these subsections. Works of art or of anthropological significance are not included within the definition of this subsection. SIDEWALK. The term "sidewalk" shall mean any surface provided primarily for the use of pedestrians. STREET. The term "street" shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. Sec. 11-3802. PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, in the Village of Mount Prospect any newspaper vending machines without first having obtained a permit from the Village of Mount Prospect specifying the exact location of such machine(s). One permit may be issued to include any number of newspaper vending machines and shall be signed by the applicant. Sec. 11-3803. APPLICATION FOR PERMIT. Application for a newspaper vending machine(s) shall be made upon a form provided by the Village Manager of the Village of Mount Prospect and filed with the Village Manager. The applicant shall truthfully state in full the information requested on the application, to wit: (1) Name, address and telephone number of residence of person making application. Name, address and telephone number of place of business. (2) Specific location of proposed newspaper vending machine(s). (3) Concurrence that as an express condition of the acceptance of the permit, the permittee agrees to indemnify and save harmless the Village, its officers, directors and employees against any loss or liability for damage, including expenses and costs for bodily or personal injury and for property damage sustained by any person as the result of the installation, use or maintenance of a newspaper vending machine(s) within the village of Mount Prospect. (4) Every applicant for a permit for a newspaper vending machine(s) which will be located on public property or a public right of way shall file with the Village of Mount Prospect a copy of a liability insurance policy covering all damage or injury that might be caused by the newspaper vending machine(s), issued by an insurance company authorized to do business in the State of Illinois. The limits of liability shall be not less than dollars ($_) for property damage and personal injuries. The Village of Mount Prospect, its officers, agents and employees shall be named as additional parties insured. Such policy shall be maintained in force throughout the life of .the permit. If at any time the policy shall not be in full force, the permit shall become null and void. (5) Application shall be signed by the applicant. (6) Also such additional relevant information as the Village Manager may reasonably deem necessary to process the application. Permits shall be issued for the installation of a newspaper vending machine(s) without prior inspection of the location of the newspaper vending machine(s) and the installation, use or maintenance shall be conditioned solely upon observance of the provisions of this Division. See. 11-3804. FEES. The annual fee for the license required by this Division shall be for each vendor or distributor that erects, places, maintains or operates, on any public street or sidewalk, or in any other public way or place, one or more newspaper vending machines in the Village of Mount Prospect. Whenever the number of newspaper vending machines so erected, placed, maintained or operated shall be increased during the license year, the licensee shall notify the Village Manager of such change. Sec. 11-3805. STANDARDS FOR MAINTENANCE AND INSTALLATION. Any newspaper vending machine which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards: (1) Na single -newspaper vending machine shall exceed fifty inches (5011) in height, twenty seven inches (2711) in width, or twenty inches (2011) in depth. No double - newspaper vending machine shall exceed sixty inches (6011) in height, twenty four inches (2411) in width, or twenty inches (2011) in depth. - 3 - (2) No writing or advertising may be displayed on any newspaper vending machine. The only writing which may appear on the machine shall be the name and price of the newspaper, instructions for its use, and information to report a malfunction of the machine. (3) Each newspaper vending machine shall be equipped with a coin -return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin -return mechanism shall be maintained in good working order. (4) Each newspaper vending machine shall have affixed to it a notice setting forth the name and address of the distributor and a working telephone number to call during normal business hours to report a malfunction of the coin -return mechanism. Such notice shall not exceed one square foot in size and shall be located to be seen by anyone using the newspaper vending machine (5) The newspaper vending machine may only be located on a solid surface such as concrete or asphalt. (6) Each newspaper vending machine shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newspaper vending machine shall be serviced and maintained so that: (a) It is reasonably free of dirt and grease. (b) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas. (c) It is reasonably free of rust and corrosion in the visible unpainted metal areas. (d) The clear plastic or glass parts, if any, through which the publications are viewed shall be unbroken and reasonably free of cracks, dents, blemishes and discoloration. (e) The structural parts shall not be broken or unduly misshapen. (7) It shall be unlawful for any person to place or maintain any publication or material in newspaper vending machines which exposes to public view any pictorial material which depicts or appears to depict nudity or offensive sexually explicit material. - 4 - See. 11-3806. LOCATION AND PLACEMENT OF NEWSPAPER VENDING MACHINES. Any newspaper vending machine which rests in whole or in part upon, or on any portion of a public right of way orwhich projects onto, into or over any part of a public right of way shall be located in accordance with the provisions of this Section: (1) No newspaper vending machine shall be used or maintained which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part upon, along or over any portion of the roadway of any public street. (2) No newspaper vending machine shall be permitted to rest upon, in or over any public sidewalk or parkway under any of the following conditions: (a) If it can be reasonably demonstrated that such installation, use or maintenance endangers the safety of persons or property; (b) When such site or location is used for ground level or underground public utility purposes or public transportation purposes; (c) When such newspaper vending machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other public use objects permitted at or near the location. (3) No newspaper vending machine shall be bolted or otherwise attached to any fixture located in the public right of way, except to other newspaper vending machines. Chains shall not be permitted as a method of attaching newspaper vending machines together. (4) Newspaper vending machines may be placed next to each other, provided that no group of single -newspaper vending machines shall extend for a lineal distance of more than seven feet (71), and no group of double - newspaper or combination single and double -newspaper vending machines shall extend for a lineal distance of more than four feet (41). (5) No newspaper vending machines shall be placed, installed, used or maintained on any public right of way under any of the following conditions: - 5 - (a) Within three feet (31) of any marked crosswalk. (b) Within twelve feet (121) of the curb return of any unmarked crosswalk. (c) Within five feet (51) of any fire hydrant, fire call box, police call box or other emergency facility. (d) Within five feet (51) of any driveway. (e) Within three feet (31) ahead or fifteen feet (151) to the rear of any sign marking a designated bus stop. (f) Within three feet (31) of the edge of any bus bench or bus shelter. (g) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (61). (h) Within three feet (31) of or on any government area improved with lawn, flowers, shrubs, trees or other landscaping. (i) Within a three hundred foot (3001) radius of any other newspaper vending machine located on a public right of way containing the same issue or edition of the same publication. (j) At the intersection of or along the parkway of any street that does not permit parking. Sec. 11-3807. VIOLATIONS. (1) Upon determination of the Village Manager that a newspaper vending machine has been installed, used or maintained in violation of the provisions of this Division, an order to correct the offending condition shall be issued by the Village Manager to the permittee or the distributor of the newspaper vending machine. Such order may be telephoned or telefaxed to the distributor and confirmed by mailing a copy of the order by regular mail. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to correct the offending condition within three (3) days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order shall result in the offending newspaper vending machine being summarily removed and processed as unclaimed property by the Village Manager. 'A (2) Any newspaper vending machine, the owner or distributor of which is not properly licensed under the provisions of this Division shall be immediately removed and processed as unclaimed property. (3) If a newspaper vending machine is in such a condition as to create a danger to public safety, the Village Manager shall have the authority to immediately remove or cause the removal of such newspaper vending machine. (4) The cost of the removal shall be charged to and recovered from the distributor or from the person for whom the machine has been or is being installed. See. 11-3808. PLACEMENT OF NEWSPAPER VENDING MACHINES ON PUBLIC BUILDING PREMISES. I Newspaper vending machine licenses may be denied for placement on the premises, inside or outside of a building owned or leased by the local, County, State or Federal government when, in the judgment of the appropriate government authorities, the machine(s) will interfere with any of the following: (1) The public,safety; (2) The ability of the user to carry out primary activities of the building; (3) The aesthetic or design continuity or scheme of the building or its premises. Sec. 11-3809. BUILDING REPRESENTATIVE. RE.PR.NTAT-T.VE- The Village Manager as used in this Division shall include his designated representative. Sec. 11-3810. ABANDONMENT. In the event a newspaper vending machine remains empty for a period of fourteen (14) continuous days, the same shall be deemed abandoned and in violation of this Division and may be treated in the manner as provided in Section 11-3807 of this Code. Sec. 11-3811. PENALTY. In addition to any other remedies available to the Village of Mount Prospect, any person found guilty of violating any provision of this Division shall be subject to a fine of not less than one Hundred ($100.00) Dollars or more than One Thousand ($1,000.00) Dollars. Each day the violation continues shall constitute a separate offense. - 7 - Sec. 11-3812. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Division is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Division. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED: This _ day of . 1991. AYES: NAYS: ABSENT: PASS: APPROVED by me this day of --- I f 1991. President of the Village of Mt. Prospect ATTESTED and FILED in the office of the Village Clerk this day of , 1991. Village Clerk EMH20RD-03