As used in this chapter, the following terms shall have the
meanings indicated:
DISTRIBUTOR
The person responsible for placing and maintaining a news
rack in a public right-of-way.
NEWS RACK
Any self service or coin operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers or other news periodicals.
NUDITY
The showing with less than a fully opaque covering of the
genitals, pubic hair, buttocks, natal cleft, perineum, anus, or anal
region of any person, other than a child under the age of puberty,
or the depiction of covered make genitals in a discernible turgid
state.
OFFENSE
That the work in which the representations appear, taken
as a whole, appeals to the prurient interest and patently depicts
or portrays the prohibited sexually explicit material in a manner
which taken as a whole lacks serious literary, artistic, political
or scientific value.
PARKWAY
That area between the sidewalls and the curb of any street,
and where there is not a sidewalk that area between the edge of the
roadway and property line adjacent thereto. Parkway shall also include
any area within roadway which is not pen to vehicular travel.
PICTORIAL MATERIAL
Any material suggesting or conveying a visual image and includes,
but is not limited to, a photograph, painting or drawing.
ROADWAY
That portion of a street improved, designed, or ordinarily
used for vehicular travel.
SEXUALLY EXPLICIT MATERIAL
Any pictorial material depicting human sexual intercourse,
human or animal masturbation, bestiality, oral intercourse, anal intercourse,
human-animal intercourse, excretory functions, homosexual acts, direct
physical stimulation or touching of unclothed genitals or pubic areas
of the human male or female, flagellation or torture by or upon a
person in the context of a sexual relationship or equal stimulation.
The material shall be judged without regard to any covering which
may be affixed or printed over the material in order to obscure genital
areas in a depiction otherwise falling within the definition of these
subsections. Works of art or anthropological significance are not
included within the definition of this subsection.
SIDEWALK
Any surface provided for the exclusive use of pedestrians.
STREET
All that area dedicated to public use for public street purpose
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks, private streets or driveways.
It shall be unlawful for any person firm or corporation to erect,
place maintain or operate on any street or sidewalk or in any other
public way or place in the City of Moscow Mills any news rack without
first having obtained a permit from the City development Administrator
specifying the exact location of such rack(s). One permit may be issued
to include any number of news racks and shall be signed by the applicant.
Application for such permit shall be made in writing to the
City development administrator, upon such form as shall be provided
by the City, and shall contain the name and address of the applicant,
the proposed specific location of said news rack(s), and shall be
signed by the applicant.
Upon determination by the City Development Administrator that
a News rack has been installed, used or maintained in violation of
the provisions of this chapter, an order to correct the offending
condition will be issued to the distributor of the News rack. Such
order shall be telephoned to the distributor and confirmed by mailing
a copy of the order by certified mail return receipt requested. The
order shall specifically describe the offending condition and suggests
actions necessary to correct the condition. Failure to properly correct
the offending condition within three days (excluding Saturdays, and
Sundays, and legal holidays) after the mailing date of the order shall
result in the offending News rack being summarily removed and processed
as unclaimed property. The City Development Administrator shall cause
inspection to be made of the corrected condition or of a News rack
reinstalled after removal under this section. The distributor of said
News rack shall be charged $10 inspection fee for each News rack so
inspected which charge shall be additional to all other fees and charges
required under this chapter.
Any person or entity aggrieved by a finding, determination,
notice or action taken under the provisions of this ordinance may
appeal and shall be appraised of his right to appeal to the Board
of Adjustment. An appeal must be perfected within three days after
receipt of notice of any protested decision or action by filing with
the office of the City Clerk a letter of appeal briefly stating therein
the basis for such appeal. A hearing shall be held at the next regular
scheduled meeting of the Board of Adjustment, after giving 15 days'
public notice of said hearing, and after receipt of the letter of
appeal. Appellant shall be given at least five days notice of the
time and place of the hearing. The Board of Adjustment shall give
the appellant and any other interested party a reasonable opportunity
to be heard in order to show cause why the determination of the City
Development Administrator should not be upheld. In all such cases,
the burden of proof shall be upon the appellant to show that there
was no substantial evidence to support the action of the City Development
Administrator. A the conclusion of the hearing the Board of Adjustment
shall make a final conclusive determination.
In addition to the enforcement procedures provided in this chapter
it shall be within the power and discretion of the City development
Administrator to suspend or revoke the permit for continued or repeated
violation of infractions of any provision of this ordinance or any
rule, direction or regulation of the City Development Administrator.
Suspension or revocation shall be mandatory for the third offense.
In the event a news rack remains empty for a period of 10 publication
dates, or 30 continuous days, which ever is less, the same shall be
deemed abandoned, and may be treated in the manner provided in § 97.870
for news racks in violation of the provisions of this chapter.