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• <br /> ORDINANCE NO. 2017-70 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS AMENDING CHAPTER 74 OF THE SAN MARCOS <br /> CITY CODE BY CREATING A NEW ARTICLE 7 FOR THE PURPOSE OF <br /> REGULATING THE PLACEMENT AND MAINTENANCE OF <br /> NEWSRACKS ON CITY SIDEWALKS AND RIGHTS-OF-WAY; <br /> PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF <br /> ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE <br /> DATE. <br /> RECITALS: <br /> 1. The uncontrolled placement and maintenance of newsracks on public sidewalks and <br /> rights-of-way presents a danger to the safety and welfare of persons using such rights-of- way, <br /> including pedestrians, persons entering or exiting vehicles and buildings, and persons performing <br /> essential utility, traffic control, and emergency services. <br /> 2. Newsracks located so as to cause a danger to persons using public rights-of-way, <br /> and unsightly newsracks located therein, such as newsracks that are poorly maintained or that have <br /> been defaced with graffiti,constitute public nuisances. <br /> 3. The City Council finds and declares that regulating the placement,appearance, size <br /> t and servicing of newsracks on public rights-of-way is necessary to promote the public health, <br /> general welfare, and safety of persons using public rights-of-way, and to foster the aesthetics of <br /> the City. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> SECTION 1.That the findings contained in the preamble of this ordinance are determined <br /> to be true and correct and are hereby adopted as a part of this ordinance. <br /> SECTION 2. That Chapter 74 of the San Marcos City Code is amended by adding a new <br /> Article 7 that reads as follows: <br /> ARTICLE 7. NEWSRACKS <br /> Sec. 74.209. Definitions. <br /> The following words, terms and phrases, when used in this article, shall <br /> have the meanings ascribed to them in this section,unless the context of their usage <br /> clearly indicates a different meaning: <br />