Where and how news rack enclosures are placed

(a) Each designated location must include at least one publication dispensing rack enclosure consisting of a minimum of four 12-inch or two 24-inch spaces. (b) The city shall install publication dispensing rack enclosures within the Waikiki special district. The director shall adjust the location of publication dispensing rack enclosures and the number of spaces in each enclosure existing on January 1, 2014 as follows. (1) The director may remove a publication dispensing rack enclosure or replace an enclosure with an enclosure containing a lesser number of spaces (but not less than the minimum number of spaces per enclosure required in subsection (a)), if greater than 50 percent of the number of spaces in an enclosure remain unallocated after two successive allocation or reallocation of the spaces. (2) The director may add a minimum-sized publication dispensing rack enclosure or increase the number of spaces in an existing enclosure if the director determines, upon petition and submission of evidence by an applicant, that additional spaces are warranted because there is sufficient demand to occupy at least 50 percent of the additional spaces requested. The director shall determine the evidence required to be submitted by an applicant, and the decision of the director is final. (c) (1) The design, dimensions, placement, materials, and orientation of each publication dispensing rack enclosure shall be determined by the director or the appropriate city agency and shall be based on compliance with the Americans with Disabilities Act (ADA), Chapter 21 (the land use ordinance), and Chapter 15 (the traffic code). Standards prescribed by the director or appropriate city agency may differ for the various publication dispensing rack enclosures. (2) Sound traffic engineering principles and pedestrian safety factors may be considered in determining the exact dimensions and placement of each enclosure. The director or appropriate city agency may also adhere to the department of transportation services’ guidelines for the placement of obstructions in sidewalk areas, and any revisions thereto, to the extent practicable. Editor’s note: * This section may be amended pursuant to § 8 of Ord. 02-10.