§ 14.150 LICENSE APPLICATION.

   The owner of any existing newspaper rack to which this Division B applies prior to the effective date of this Division B shall have until September 1, 2004, to submit a license application. However, no license shall issue for any existing newspaper rack that has not been demonstrated by the applicant to be in compliance with the standards set out in this Division B of the city code. All applicants shall file with the issuing authority a written application for a license pursuant to this Division B, which shall contain the following information:

   (a)   The full name of the applicant , who must be the owner and principal in charge of the newspaper rack or courtesy bench ;

   (b)   Whether the applicant is a natural person , partnership, corporation or other association;

   (c)   The street address, e-mail address and telephone number of the applicant and a responsible person whom the city may contact at any time regarding the applicant’s courtesy bench or newspaper rack ;

   (d)   A site plan that is minimally sufficient to ascertain compliance with the placement standards of this Division B and showing the exact requested location of each proposed newspaper rack and courtesy bench , its relationship to each curb, fixture, building or bus stop, right-of-way line or property line with an illustration and description of its supporting or enclosing structure, as well as a dimensions survey. A comprehensive list of all of the applicant’s desired placement locations indicating the nearest street address of each newspaper box or courtesy bench , its distance from the nearest intersection and its distance from the curb must also accompany the license application. The applicant shall also provide such photographs of each proposed location as determined necessary by the City Traffic Engineer to ascertain compliance with the placement standards set forth in § 14.153 of this Division B. Where the applicant fails to provide adequate photographic evidence of compliance, the City Traffic Engineer may, at the option of the applicant , upon payment of an inspection fee, conduct a field inspection of the placement as an alternative method of determining compliance with the placement standards of this Division B;

   (e)   Evidence of the consent of the adjoining property owners or lessors within 100 feet of the proposed location of the courtesy bench if any of the adjoining property within 100 feet of the bench is zoned residential under Chapter 19 or 21 of this code including but not limited to R-1A, R-1, R-4, RS-1, RM-12, RM-24 and RM-50. This subsection (e) has no applicability to newspaper rack placement;

   (f)   A notarized statement by the applicant that the applicant will, in consideration of being issued a license for the use of public space, agree to fully indemnify, defend and hold harmless the city , its officers, Council members, commissions, employees and agents from any and all claims, suits, actions, liability and judgments for damages, including, but not limited to, expenses for reasonable legal fees, costs and disbursements assumed by the city in connection therewith:

         (1)   For injury or death to any person or persons or damage to property arising from or in connection with the acts or the failure to act of the applicant , its officers, agents or employees in the construction, operation, maintenance, location, placement or removal of any courtesy bench or newspaper rack of the applicant ;

         (2)   For injury or death to any person or persons or damage to property arising out of the placement or display of any written or graphic materials, advertisements, notices, signs or posters on any courtesy bench or newspaper rack ; or

         (3)   For any injuries or damage arising out of the exercise of any other right or privilege under the license; provided, however, that the applicant shall have no obligation as to any such claim arising from the city’s gross negligence or willful misconduct.

      Included in that statement, the applicant shall additionally agree to reimburse the city for its cost of removal and storage of its licensed courtesy benches or newspaper racks under the terms of this Division B and for the city’s cost of restoration of the right-of-way or public ground and the adjacent area.

   (g)   A statement by the applicant certifying that the applicant has ascertained that each of the applicant’s newspaper boxes or courtesy benches meets the operational standards, location requirements, installation and maintenance standards set forth in this Division B and is in compliance with applicable county and state laws and regulations governing use of the public streets and rights-of-way. The applicant must also agree in that statement, as a condition of licensing to regularly monitor and maintain each of the applicant’s newspaper boxes or courtesy benches in conformity with these standards and limitations. The statement shall also acknowledge that any newspaper box or courtesy bench found to be in violation of the applicable standards and limitations will be subject to corrective orders and possible removal and may subject the applicant to possible licensing sanctions and pursuant to § 14.156 of this Division B; and

   (h)   The signature of the applicant .

   Licensees may relocate licensed newspaper racks or courtesy benches by filing an application for a relocation permit and payment of a relocation fee as set forth in City Code Appendix A. The relocation application shall contain the information required by subsections(d), (e), (g) and (i) above and will be considered pursuant to the procedures set forth in § 14.152(a) through (c) of this Division B.

(1958 Code, § 140.01) (Ord. 66-46, passed 8-1-1966; Ord. 94-47, passed 8-15-1994; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2004-12, passed 4-5-2004; Ord. 2004-31, passed 7-6-2004; Ord. 2010-1, passed 1-4-2010; Ord. 2021-39, passed 11-29-2021)