The owner of any existing 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 that has not been demonstrated by the to be in compliance with the standards set out in this Division B of the code. All shall file with the a written application for a license pursuant to this Division B, which shall contain the following information:
(a) The full name of the , who must be the owner and principal in charge of the or ;
(b) Whether the is a natural , partnership, corporation or other association;
(c) The street address, e-mail address and telephone number of the and a responsible whom the may contact at any time regarding the or ;
(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 and , 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 desired placement locations indicating the nearest street address of each newspaper box or , its distance from the nearest intersection and its distance from the curb must also accompany the license application. The shall also provide such photographs of each proposed location as determined necessary by the to ascertain compliance with the placement standards set forth in § 14.153 of this Division B. Where the fails to provide adequate photographic evidence of compliance, the may, at the option of the , 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 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 placement;
(f) A notarized statement by the that the will, in consideration of being issued a license for the use of public space, agree to fully indemnify, defend and hold harmless the , 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 in connection therewith:
(1) For injury or death to any or or damage to property arising from or in connection with the acts or the failure to act of the , its officers, agents or employees in the construction, operation, maintenance, location, placement or removal of any or of the ;
(2) For injury or death to any or or damage to property arising out of the placement or display of any written or graphic materials, advertisements, notices, signs or posters on any or ; 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 shall have no obligation as to any such claim arising from the gross negligence or willful misconduct.
Included in that statement, the shall additionally agree to reimburse the for its cost of removal and storage of its licensed or under the terms of this Division B and for the cost of of the right-of-way or and the adjacent area.
(g) A statement by the certifying that the has ascertained that each of the newspaper boxes or 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 must also agree in that statement, as a condition of licensing to regularly monitor and maintain each of the newspaper boxes or in conformity with these standards and limitations. The statement shall also acknowledge that any newspaper box or found to be in violation of the applicable standards and limitations will be subject to corrective orders and possible removal and may subject the to possible licensing sanctions and pursuant to § 14.156 of this Division B; and
(h) The signature of the .
Licensees may relocate licensed or by filing an application for a relocation permit and payment of a relocation fee as set forth in § 14.03 of this code. 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)