The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Newspaper.
A publication intended for general circulation, and published regularly at short intervals, containing intelligence of current events and news of general interest.
Newspaper box.
A receptacle or container used for holding or placing a newspaper for sale, offered for sale, or for which no fee is charged.
Person.
Any natural person, association of natural persons, trustee, receiver, partnership, firm, corporation, or organization, or the manager, agent, servant or employee, including but not limited to independent contractors of any of them.
Public place.
Any publicly owned property dedicated for public purposes other than streets and rights-of-way.
Right-of-way.
Any publicly owned property dedicated for pedestrian or vehicular passage, which is used for public transportation purposes, public utility purposes or other government use, including but not limited to sidewalks, curbs, streets, paved or unpaved spaces and spaces improved with lawn.
Sidewalk.
That portion of a right-of-way between the curblines, or lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.
Street.
That portion of a right-of-way improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder, including alleys.
(1999 Code, sec. 78-61)
(a) 
Size.
No newspaper box shall be installed, placed, used or maintained on any street, right-of-way or other public place within the city which shall exceed the dimensions, including the coin box, of 24 inches in width, 18 inches in depth, and 50 inches in height, nor which shall exceed, in the aggregate, 150 pounds when empty, including materials authorized in section 14.02.034.
(b) 
Appearance.
The following shall apply to all newspaper boxes installed, placed, used or maintained on any street, right-of-way or other public place within the city:
(1) 
No newspaper box shall be constructed of a material other than a metal frame structure, except as provided in section 14.02.034.
(2) 
No newspaper box shall be painted or otherwise colored, including lettering thereon, with more than two colors [or] with any design or pattern other than that used for lettering or the official logo of the newspaper, if any. The limitation regarding use of colors and design or pattern shall not apply to the following:
(A) 
Instructions used to inform purchasers of newspapers or other users of the newspaper box of the method of operating the newspaper box;
(B) 
Advertisements permitted in subsection (b)(3) of this section; and
(C) 
Information required to be affixed to a newspaper box pursuant to the terms of subsection (b)(5) of this section.
(3) 
No newspaper box shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper sold therein.
(4) 
Each newspaper box shall be maintained in a clean and neat condition and in good repair at all times.
(5) 
Every person who places or maintains a newspaper box shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.
(1999 Code, sec. 78-62)
(a) 
Projection over or onto street.
No person shall install, place, use or maintain any newspaper box which projects onto, into or over any part of any city street or which rests, wholly or in part, upon, along or over any portion of a city street.
(b) 
Interference with use of sidewalk; endangering public safety.
No person shall install, place or maintain any newspaper box which, in whole or in part, rests upon, in or over any sidewalk, when such installation, placement, maintenance or the use thereof endangers the safety of persons or property; or when such site or location is used for public utility purposes, public transportation purposes or other government use; or when such newspaper box unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location.
(c) 
Additional restrictions.
No newspaper box shall be installed, placed, used or maintained:
(1) 
Within two feet of the edge of any street.
(2) 
Within three feet of any fire hydrant, fire call box, police call box or other emergency facility.
(3) 
Within three feet of any driveway.
(4) 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than three feet.
(1999 Code, sec. 78-63)
Newspaper boxes may be secured only through the use of concrete blocks, or other similar material or substance used for increasing weight, preferably concealed within the newspaper boxes, or by chaining one newspaper box to another. No newspaper box shall be chained, bolted or otherwise attached to any property not owned by the owner of the newspaper box or to any permanently fixed object without the consent of the owner.
(1999 Code, sec. 78-64)
(a) 
Annual fee; permit; notices.
(1) 
Amount of fee; payment.
Each and every person seeking to install, place or maintain a newspaper box on a street, right-of-way, or other public place within the city shall pay a fee of $10.00 per year, per newspaper box, at the office of the city manager during regular business hours, Monday through Friday, 8:00 a.m. until 5:00 p.m., prior to installing, placing or maintaining such newspaper box.
(2) 
Purpose of fee.
The fee shall cover the cost and expense of enforcement of this division.
(3) 
Issuance of permit; contents.
Upon payment of the fee, a permit shall be issued by the city manager, or his designated agent, to the person installing, placing or maintaining the newspaper box, which permit shall show the following information:
(A) 
The date the fee was paid;
(B) 
The amount paid;
(C) 
The name, address and telephone number of the person installing, placing or maintaining the newspaper box on a street, right-of-way or other public place within the city;
(D) 
The name, address and telephone number of the person publishing the newspaper, and the name of an officer, employee, agent or other representative who may be contacted at such address regarding matters concerning this division; and
(E) 
The location by lot and block number and/or street number and name of the placement of the newspaper box.
(4) 
Separate permit to be issued for each box; expiration.
A separate permit shall be issued showing the information required in subsection (a)(3) of this section for each newspaper box, and each permit shall automatically expire at 5:00 p.m. on the first anniversary date following the issuance of the permit.
(5) 
Copies of permit.
The permit shall be made in duplicate, with the original being retained by the person installing, placing or maintaining the newspaper box, and the duplicate copy being retained in the records of the city at the office of the city manager.
(6) 
Changes to permit.
It shall be the responsibility of the person installing, placing or maintaining a newspaper box to immediately notify the city manager in writing of any change in the names and addresses required in subsections (a)(3)(C) and (a)(3)(D) of this section or any change in the information regarding the location of a newspaper box required in subsection (a)(3)(E) of this section. No additional fee shall be required to make changes to a current permit under this subsection (a)(6). Upon receiving written notice of any such change, the city manager, or his designated agent, shall securely attach the written notice of the change to the copy of the permit on file in the office of the city manager.
(7) 
Notices.
Notice required pursuant to the provisions of this division shall be given by certified or registered mail as follows:
(A) 
To the city.
Addressed to the City Manager, City of Highland Village, City Hall, 1000 Highland Village Road, Highland Village, Texas 75077.
(B) 
By the city.
Addressed to the name and address stated on the permit of the person installing, placing or maintaining the newspaper box and, if different, to the representative of the newspaper or, if written notice of any change in the name or address of the same is attached to the permit, then notice by the city shall be mailed to the name and address indicated on the written notice attached to the permit.
(b) 
Indemnity agreement.
Each and every person installing, placing or maintaining and each and every owner of a newspaper box on a street, right-of-way or other public place within the city shall, at the time of payment of the fee, sign an agreement stating that the individual signing the agreement is authorized to sign the same, and stating that the person agrees to hold harmless the city and its officers, agents, employees and servants from any and all liability resulting from the installation, placement, use or maintenance of such newspaper box.
(1999 Code, sec. 78-65)
Any newspaper box installed, placed, used or maintained in such a manner as to create an imminent danger or hazard to the safety of persons or property may be summarily moved and relocated by the chief of police of this city in such a manner as to correct the dangerous or hazardous condition. The chief of police shall thereupon immediately take reasonable steps to notify, in writing, the person who installed, placed or maintains the newspaper box of the fact of its changed position. The person shall have ten days from the receipt of the city's notice of the changed position of the newspaper box to file with the office of the city manager a written request that a hearing be held before the city council regarding the placement and the changed position of the newspaper box. The date of filing shall be deemed to be the date the written notice is received by the office of the city manager. Within seven days of receipt of such written request by the office of the city manager, timely filed, a hearing shall be held before the city council on the next regular council meeting after allowing for proper public notice.
(1999 Code, sec. 78-66)
No other objects or structures shall be permitted to be installed, placed, used or maintained on streets, rights-of-way or other public places within the city except as permitted pursuant to the terms and provisions of this division, applicable franchise ordinances or other applicable ordinances of the city.
(1999 Code, sec. 78-67)
No person shall sell, offer for sale or keep or maintain for sale any obscene material as such terms are defined in V.T.C.A., Penal Code section 43.21, as amended, in any newspaper box installed, placed, used or maintained on any street, right-of-way or other public place within the city.
(1999 Code, sec. 78-68)