A.
No person or entity shall install, vend from, operate or maintain
any newsrack which in whole or in part rests upon, in or over any
public rights-of-way without first been granted approval of its application
by the City of Easton and complying with the terms of this article.
Separate registration and separate applications therefor shall be
required for each newsrack operated, vended from, maintained or installed.
B.
Initial applications will be received for 30 days from the date of
enactment of this chapter so allocation of designated newsrack locations
may be distributed to the maximum. Applications for newsracks located
in areas outside the Multiple Newsrack Zone, prior to enactment of
this chapter, will be given priority for the location it occupies
for a period of 30 days after the enactment of this chapter.
C.
Based on the information provided in the application, the City shall,
within 30 days from the date of the submission therefor, grant or
deny the application based on the availability of the requested newsrack
location, and the standards and criteria set forth in this chapter.
When more than one application is filed simultaneously than may be
accommodated at a specific designated newsrack location, priority
shall be determined by lottery. Publications containing legal notices
and local (Lehigh Valley) news content, and are distributed at least
weekly in frequency, shall receive preferential status in the lottery
process. When denial of an application is based solely upon the unavailability
of the requested location, the applicant may amend such application
to request a different location. Any application not acted upon during
the period prescribed herein shall be deemed denied.
D.
Upon granting an application for a newsrack at a designated location,
the City shall issue to the applicant a newsrack identification number
decal which shall be affixed to the top of the newsrack's right-hand
corner closest to the front of the newsrack prior to the newsrack's
installation or use at the designated location. The identification
decal shall be affixed in such a manner that it is visible to a user
of the newsrack.
E.
The applicant shall have 30 days from the time his or her license
was issued to install a newsrack at its designated location. If the
applicant fails to install a newsrack at the designated location within
30 days of the issuance of the license, the license shall be void,
and new applications will be accepted for that designated location.
F.
An applicant for a designated newsrack location shall notify the
City in writing within 10 days of any change of address of such applicant
or any sale or transfer of ownership of any newsrack registered to
that applicant located in the City of Easton. Any transferee of such
newsrack shall comply with the provisions of this chapter relating
to registration and identification of newsracks as of the date of
transfer.
G.
An applicant may replace any registered newsrack with another conforming
newsrack at the same designated location without relinquishing the
location or submitting a new application; provided, however, any replacement
newsrack shall be of a type approved by the City and shall comply
with all of the provisions and standards set forth in this article.
