(a) Definitions. For the purpose of this subsection, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:
(1) "Newspaper vending device" means 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 news periodicals.
(2) "Public sidewalk" means that portion of the public right of way designed or ordinarily used for pedestrian travel.
(3) "Public street" means that portion of the public right of way designed or ordinarily used for vehicular travel.
(b) Prohibited on Public Streets. No person or other entity shall install, place or maintain any newspaper vending device which projects onto, into or over any part of a public street, or which rests wholly or in part upon, along or over any portion of any public street.
(c) Dangerous Condition or Obstruction. No person or other entity shall install, place or maintain any newspaper vending device which in whole or in part rests upon, in or over any public street or any public sidewalk, when such installation, placement or maintenance endangers the safety of persons or property, or when the site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newspaper vending device unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress or egress of any residence or place of business, the use hydrants and parking posts. Other objects may be used for the securing of the device, providing the owner gives his written permission.
(d) Identification. Every person or other entity which installs, places or maintains a newspaper vending device on a public sidewalk of the City shall have affixed thereto, in a place easily seen, the name, address and telephone number of such person or entity.
(e) Size and Color. No single newspaper vending machine shall exceed five feet in height, thirty inches in width or two feet in thickness. All newspaper vending machines shall be forest green with gold lettering.
(f) Unlawful Installation, Placement and Maintenance. No person or other entity shall install, place or maintain a newspaper vending device upon a public sidewalk in the following locations and in the following manner:
(1) Within five feet of any marked or unmarked crosswalk or projection thereof, unless specifically approved;
(2) Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
(3) Within five feet of any driveway;
(4) Within fifteen feet of any designated bus stop, sign or post;
(5) Within 159 feet of any other newspaper vending device on the same side of the street containing the same entity's publication, but in no case shall any newspaper vending machine be located within fifty feet of any other device owned by the same person or entity;
(6) At any location whereby the clear space for the passage of pedestrians is reduced to less than six feet;
(7) No person or other entity shall chain a newspaper vending device to any property not owned by the owner of the newspaper vending device or to any permanently fixed object without the written consent of the owner thereof. However, newspaper vending devices, when placed side by side, may be chained or otherwise attached to one another;
(8) Newspaper vending devices may be placed next to each other, provided that no group of newspaper vending devices shall extend more than six feet along a curb or wall;
(9) On any public sidewalk located within the residential district of the City;
(10) On any public sidewalk without the consent of the owner/tenant (whoever has the authority to grant said consent);
(g) Appearance; Advertising Prohibited.
(1) Each newspaper vending device shall be maintained in a state of good repair at all times.
(2) No person or other entity shall use a newspaper vending device for advertising or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.
(h) Any newspaper vending device placed upon the public sidewalk which appears not to have been in continuous use for a period exceeding sixty days shall be considered abandoned and shall constitute a public nuisance subject to abatement procedures as provided in Article 1101.
(i) Every person or other entity which installs, places or maintains a newspaper vending device on a public sidewalk in the City shall maintain a liability insurance policy insuring him or the entity against liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation and the City shall be listed as coinsured. In addition to the above, the person or other entity shall file a written statement with the Clerk of Council, satisfactory with the City Attorney whereby such person or entity agrees to indemnify and hold harmless the City, its officers, directors and employees from any loss of liability or damage, including expenses and costs, for bodily or personal injury and for property damage sustained by any person as a result of the installation, placement or maintenance of the newspaper vending devices.
(j) (1) Permit required. No person or other entity shall place, locate, operate or maintain any newspaper vending device in or on any part of the public sidewalks of the City without first obtaining a permit therefor from the City Treasurer or his designee.
(2) Fee required. An annual fee of twenty-five dollars ($25.00) shall be required for the general privilege of placing newspaper vending device boxes upon the sidewalks of the City, and in addition to this fee, an annual fee of five dollars ($5.00) shall be required for each box placed upon City sidewalks. The period for which this annual fee shall be valid shall be from July 1 to June 30, of the following year. There shall be no proration of this fee. Further, providing that no other provision of this section would require a filing of a permit or other documents, no additional permit or other filing shall be required other than the payment of the annual fees.
(3) Issuance of permit. Each machine is required to have a permit. Upon proper application on forms provided by the City Treasurer or his designee and upon certification of compliance of this article, the City Treasurer or his designee shall issue to the applicant a newspaper vending device permit. Notwithstanding any other provision of this article, the City Treasurer or his designee may not refuse to issue a permit where the application is otherwise proper.
(4) Contents of permit. All permits issued hereunder shall contain the following information.
A. The name, address and telephone number of the applicant.
B. The proposed location of the newspaper vending device which location will be adequately portrayed on a schematic diagram with necessary dimensions to show compliance with this article.
C. A certification of compliance with the provisions of this article.
(5) Relocation of device. During the period of the permit, the person or entity may move the newspaper vending device, without securing an additional permit. However, the person or entity shall first file with the City Treasurer or his designee, a statement containing the contents of subsection (d) hereof.
(6) Revocation, notice, hearing. If at any time it is determined by the Treasurer or his designee that any newspaper vending device for which a permit has been issued, is not in compliance with the requirements of this article, a "Notice of Intent to Revoke" the permit of the newspaper vending device which is not in compliance shall be issued in writing, to the permittee. Such notice shall set forth the violation or violations to be corrected. If at such hearing, the Treasurer or his designee shall determine that the violations as charged are true and accurate and that the permittee has not caused the violation or violations to be corrected, or if the permittee fails to appear at such hearing and can present no justifiable excuse for the nonappearance, a "Notice of Revocation" shall issue only with regard to the noncomplying newspaper vending device. If, however, the violation or violations have been corrected, as evidenced by a verified statement or correction by the permittee and upon inspection by the City Treasurer or his designee, no "Notice of Revocation" shall issue.
(k) Enforcement, Violations and Penalties.
(1) The City Treasurer or his designee shall enforce the provisions of this article. Any person or other entity violating any of the provisions of this article shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in Section 101.99.
(2) Each day's continuance of a violation shall be considered a separate offense.
(Passed 2-21-83)