[§ 4, Ord. 869-91, eff. December 19, 1991]
No person or entity shall place, affix, erect, construct, or
maintain a newspaper dispensing device upon any public right-of-way
without first obtaining a permit in accordance with the provisions
of this article.
[§ 4, Ord. 869-91, eff. December 19, 1991]
An application for a permit shall be filed with the City. In addition to the application requirements of § 4-9.103, any application for a newspaper dispensing device for a location which presently does not have such devices in the immediate vicinity shall be accompanied by a statement indicating whether the abutting property owners oppose or do not oppose the encroachment.
[§ 4, Ord. 869-91, eff. December 19, 1991]
In place of the provisions of § 4-9.106, the City Council shall approve the permit unless one of the following findings is made:
(a)
The applicant has made a material misrepresentation on the application;
(b)
The newspaper dispensing device does not comply with the provisions
of this article;
(c)
The proposed location of the newspaper dispensing device creates
a substantial obstruction or hazard to vehicular or pedestrian traffic;
or
(d)
The proposed location of the newspaper dispensing device substantially
interferes with other uses in the immediate vicinity, or creates a
substantial oversaturation of newspaper dispensing devices in the
immediate vicinity.
[§ 4, Ord. 869-91, eff. December 19, 1991]
Newspaper dispensing devices shall comply with each of the following
requirements:
(a)
Devices shall be mounted or utilize a modular pedestal sufficient
to provide a stable base.
(b)
Panels and modular pedestals shall be kept clean and shall be painted,
where appropriate. Painted portions of the device shall be in colors
consistent with the surroundings.
(c)
No advertising shall be placed on the newspaper dispensing device
except the name of the newspaper dispensed may be placed on rack but
such advertisement shall not extend beyond the parameters of the rack.
(d)
The name, address and telephone number of a responsible person who
can be contacted at any time shall be displayed on the hood in a manner
which is readily visible and legible by a prospective customer.
(e)
The device shall be maintained in good working order at all times,
and shall be painted and refurbished as necessary to create and maintain
a clean appearance.
[§ 4, Ord. 869-91, eff. December 19, 1991]
Upon issuance of the permit and at all times the permit is in
effect, the permittee shall provide and maintain public liability
insurance covering permittee's operations in an amount not less
than $50,000 combined single limit for bodily injury and/or property
damage. In addition, the permittee shall agree to indemnify and to
hold the City harmless from all liability and damages and from all
costs of suit, including attorneys' fees, arising from the encroachment.
[§ 4, Ord. 869-91, eff. December 19, 1991]
Any newspaper dispensing device permit issued pursuant to this
chapter shall be revoked and the device removed upon notice and hearing
by the City Council. Revocation of the permit shall be based upon
a finding of one of the following circumstances:
(a)
The device substantially interferes with the use of the street, sidewalk
or right-of-way by the general public;
(b)
The device creates a substantial hazard or other condition detrimental
to the public safety and welfare;
(c)
The device constitutes a public nuisance;
(d)
The permittee has violated a condition of the permit;
(e)
The device has fallen into disuse for a period of seven days or more.
