(a) Before the installation or placement of a newspaper dispensing device within the public right-of- way, the owner of the device shall file a permit application with the Director containing the following information:
(1) The name, address, and telephone number of the owner;
(2) The name, address, and telephone number of the individual or other person to whom the City shall serve in person or by mail any notice or order required by this chapter;
(3) A sketch and narrative indicating the location and dimensions of each newspaper dispensing device for which permit application is being made, with sufficient detail to enable the Director to verify that the installation and placement of a newspaper dispensing device in accordance with the permit application will meet the criteria contained in Section 680.05.
(b) One (1) application may be submitted to include any number of newspaper dispensing devices and shall be signed by the owner.
(c) A twenty-five dollar ($25.00) fee for each newspaper dispensing device must accompany the permit application to defray the expenses incident to the administration of the provisions of this chapter.
(d) In addition to submitting the permit application and fee required by divisions (a) and (c) of this section, the owner of a newspaper dispensing device who seeks a permit shall:
(1) Provide the Director with the insurance documentation required by division (e) of this section; and
(2) Demonstrate to the Director’s satisfaction that the device weighs at least one hundred sixty (160) pounds when empty.
(e) The owner of each newspaper dispensing device shall hold the City harmless from any and all liability, for any reason whatsoever, occasioned upon the installation and use of each device, other than liability arising from any negligent act or omission which is solely attributable to the City, and shall furnish, at the owner’s expense, commercial general liability insurance as shall protect the owner and the City from all claims for damage to property or bodily injury, including death, which may arise from operation under the permit or in connection therewith. The policy shall include the City as an additional insured, shall be in an amount of not less than one hundred thousand dollars ($100,000.00) combined single limit for any injury to persons and/or damage to property. A certificate of the insurance shall be provided to the City with the applications referred to in divisions (a) and (h) of this section and the required insurance coverage shall be maintained before and during the installation of the device and throughout the period that the permit for the device is in effect.
(f) Permits shall be issued by the Director under Section 680.04. Permits so issued shall be valid for a period of one (1) year, or any portion of a year. Permits shall expire on the last day of April of each year.
(g) The owner must promptly notify the Director in writing of any change in the information required by division (a) of this section. If the owner proposes to change the location of a newspaper dispensing device, a new permit application, together with a twenty-five dollar ($25.00) fee to defray the expenses incident to the administration of the provisions of this chapter, must be filed prior to the change in location.
(h) Every owner desiring to renew a newspaper dispensing device permit shall file a permit renewal application with the Director containing the information required by division (a) of this section. A permit renewal application must be filed no sooner than forty (40) days prior to the date of expiration of the existing permit and no later than the date of expiration of the existing permit. A twenty-five dollar ($25.00) fee for each newspaper dispensing device must accompany each permit renewal application to defray the expenses incident to the administration of this chapter.
(i) If the number of permit applications exceed the number of newspaper dispensing devices which may be placed adjacent to each other and which are otherwise permissible under division (a) of Section 680.05, the Director shall determine which of the newspaper dispensing devices comply with the requirement based upon the order in which the permit applications were filed under this section.
(Ord. No. 599-11. Passed 6-6-11, eff. 6-13-11)