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<br />I <br /> <br />I <br /> <br />I <br /> <br />Qj, <br /> <br />TOWN OF TRUCKEE <br />California <br /> <br />ORDINANCE NO. 2008- 04 <br /> <br />AN ORDINANCE OF THE TOWN OF TRUCKEE REGARDING THE PLACEMENT AND USE <br />OF NEWSRACKS WITHIN THE DOWNTOWN STREETSCAPE IMPROVEMENT PROGRAM <br />AREA (COMMERCIAL ROW AREA AND VICINITY) <br /> <br />AMENDING THE TRUCKEE MUNICIPAL CODE, TITLE 13 <br /> <br />The Truckee Town Council does hereby ordain as follows: <br /> <br />Chapter 13.04 is herby added to the Truckee Municipal Code to read as follows: <br /> <br />Section 13.04.010 Recitals <br /> <br />A. The Truckee Downtown is locally designated as an historic area and application for a <br />National Register of Historic Places District is pending. <br />B. The Downtown Truckee Specific Plan states that "In the Commercial Row area, certain <br />features such as the sidewalks and historic sidewalk lights, contribute to a sense of visual continuity <br />. . . However, there is a need for greater design consistency in street furniture. . . and other <br />streetscape elements." <br />C. Newsracks are a part of that street furniture of the Truckee Downtown and, as such, are <br />subject to regulation in accordance with the Town policies established to protect and enhance the <br />District. <br />D. Newsracks are also a valuable means of distributing news and information and are <br />therefore entitled to the deference required by law for activities which implicate the free speech <br />provisions of the United States and California Constitution. <br />E. However, unless reasonably regulated as to the time, place, and manner of their use <br />newsracks can be an intrusion on public and private property, obstruct pedestrian access to streets <br />and sidewalks, district motorists and pedestrians, and constitute visual blight. <br />F. In enacting this ordinance it is the Town Council's express intent to provide mechanisms <br />and opportunities for the use and operation of newsracks without regard to the content they contain <br />within the Truckee Downtown while protecting its historic and aesthetic character through <br />reasonable time, place, and manner regulations on newsrack operation and use. <br />G. A specific area, known as the Downtown Streetscape Improvement Program Area, within <br />the Truckee Downtown shall be defined from time to time by Council resolution. Such resolution <br />shall contain the authorized locations for the placement of newsracks within the area. The current <br />Resolution is attached hereto as Exhibit A. <br />H. For purposes of this chapter and its implementing resolution(s), the following definitions <br />shall apply: <br /> <br />"Newsrack" means a separate structure in one location erected by the Town or its designee <br />(or erected by a permitee on private property) and firmly affixed to the ground with compartments <br />which serve four (4), six (6) or eight (8) separate news boxes, and is designed to hold newspapers <br />and other publications and protect them from the elements. <br /> <br />"News Box" means one (1) space in a newsrack designed to hold newspapers or other' <br />publications and protect them from the elements, which materials passers-by may obtain by opening <br />a door, whether after depositing money in a device which unlocks the door, or without payment by <br />