(a) No person shall install, maintain or operate any newsrack which in whole or in part rests upon, on or over any public right-of-way, parkway or sidewalk or in any other public way or place in the downtown area of the City of Fort Worth as described in Exhibit “A” without first applying for and receiving a permit from the director.
(b) A permit will not be issued unless the application is completed in full, the requested installation meets all the appropriate placement criteria as set forth in this article and the application is accompanied by the appropriate permit fee for each individual newsrack installation requested. Any permit granted pursuant to the provisions of this article shall only be valid as to the specific location specified in the permit application. Where application is made for the installation of two or more single newsracks, a separate permit shall be required for each individual newsrack.
(c) (1) Upon this ordinance taking effect, any owner of a newsrack currently existing on any city public right-of-way, parkway or sidewalk or in any other public way within the downtown area as described in subsection (a) above, must apply for a permit within 30 days of the effective date of the ordinance or remove the newsrack from any public right-of-way, sidewalk or public property. At the end of the 30-day period, the city shall use the following method to determine which publisher newsracks shall be allows at a particular permitted location at a block, corner or intersection:
a. Priority shall be give to publishers who continuously have distributed newspapers or other publications in newsracks at that location for more than 12 months before the effective date of this ordinance, as indicated by the publisher’s affidavit and the city’s records;
b. Among publishers who have priority under this subsection (c), newsrack locations shall be allocated first to newspapers and other publications issued at least five days per week, second to newspapers and other publications issued between two and four days per week, third to newspapers and other publications issued once a week, and fourth to newspapers and other publications issued less frequently;
c. If there are more allocated spots than publishers with priority under this section, then the city shall allocated the remaining locations among publishers who do not priority, first to newspapers and other publications issued at least five days per week, second to newspapers and other publications issued between two and four days per week, third to newspapers and other publications issued once a week, and fourth to newspapers and other publications issued less frequently;
d. Notwithstanding the requirements of this subsection (c), no newspaper or other publication may receive a third space at an intersection until all other interested publishers have had the opportunity to have their newspaper or other publication allocated to that intersection;
e. Whenever a permitted location at a corner, block or intersection becomes available, the location shall be allocated in the manner descried in this subsection (c);
f. In the event two or more publishers have equal priority under this subsection (c) then allocation shall be by a content neutral lottery or other random method; and
g. Once the initial process as described above has been fully implemented, all subsequent newsrack permits shall be issued on a first come first served basis for any unfilled locations. Applications for any unfilled locations will be accepted as submitted and received by the department.
(2) At the conclusion of the above process and the issuance of permits, any newsrack which is not the subject of a valid permit application will be deemed to be in violation of the article and subject to removal from the right-of-way as set forth in this article.
(d) The application for a newsrack permit shall be in writing and on a form approved by the director, signed by the applicant and shall include the following information:
(1) The name, mailing address and telephone number of the person or organization requesting a permit and responsible for the newsrack;
(2) The name, address and telephone number of a responsible person whom the city may contact or notify at any time concerning the applicant’s newsrack;
(3) The specified number of newsracks and the detailed proposed location for each one, shown on a drawing of the area described in subsection (a) above or GIS/address based program provided by the applicant which is compatible with the city’s GIS program and which indicated all existing buildings, existing newsracks at the location(s) and general vicinity, and all other possible obstructions within 20 feet of the proposed location(s) of the newsrack, and the proposed specific locations of the newsracks;
(4) The name of the newspaper(s) or periodical(s) to be placed in the each newsrack;
(5) Type or brand of newsrack, including an illustration and description of the newsstand and mount and whether the newsrack will have a coin-box attachment or equivalent;
(6) A sworn statement under penalty of perjury executed by an officer, director or authorized agent of the applicant that the applicant shall not sell, assign or transfer by any method, the permit for the newsrack location to any other publisher, distributor, entity or individual person;
(7) Language whereby the applicant agrees to indemnify and hold harmless the city, its officers, directors and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as the result of the installation, use or maintenance of a newsrack within the City of Fort Worth;
(8) An administrative fee; and
(9) Other information as requested by the director.
(e) Permits shall be issued for the installation of a newsrack without prior inspection of the location(s), but the director, or his or her designee, shall have final approval of the location(s). The director shall review the application and issue a permit within four business days to a person or organization whose application meets the requirements of this section.
(f) The permit sticker, containing the distributor’s permit number, name, address and working telephone number must be affixed and displayed on the front of each newsrack in a conspicuous location. If such location is not practicable, the permit sticker shall be located in a location approved by the director.
(g) Initial permits shall be valid for a period of one year and shall be renewable pursuant to the requirements of this article.
(h) Expiration; renewal. Unless earlier revoked, newsrack permits issued pursuant to the provisions of this article shall expire on August 30 of the second year after the permit is issued. Thereafter, the permits shall be renewed every two years upon the payment of a new permit fee. Applications for renewal shall be made at least 30 days prior to the expiration of any permit issued and must be accompanied by a permit renewal fee. Application for permit renewal and payment must be either presented in person to the department of planning and development, via internet (if available), or mailed via certified mail, postmarked no later than 30 days prior to the date of permit expiration. Failure to renew an existing newsrack permit before its expiration will require the payment of a late renewal penalty or the loss of placement of said rack at the subject location.
(i) New development. If a new building or development occurs adjacent to or near a permitted location that causes the permitted location or permitted newsrack to no longer meet the requirements of this ordinance, the city shall, after notification to the permittee, move the permitted newsrack to the nearest permitted and available location that meets the requirements of the ordinance.
(j) Insurance. As a condition of the city granting an person or persons one or more permits to maintain a newsrack or newsracks in the public right-of-way, any such permittee shall be required to maintain a policy of general liability insurance in an amount acceptable to the city, naming the City of Fort Worth and its employees, agents etc. As “additional insureds” for the specific purpose of indemnifying and holding harmless the City of Fort Worth, its officers, boards, employees, etc. from and against any and all losses, costs, damages, expenses or liability, whatsoever, which may result form or arise out of the granting of a permit, and/or the installation and/or the maintenance of an newsrack or newsracks for which the permittee shall be responsible for paying any and all such losses or damages that may be sustained by any person or persons as a result of, or which may be caused by or arise out of the installation and/or maintenance of the permitted newsrack or newsracks. The policy of insurance shall be maintained in its original amount by the permittee at the permittee’s expense at all times during the period for which the permittee holds a valid permit or permits.
(Ord. 17529, § 1, passed 5-1-2007, eff. 9-1-2007)
Editor’s note:
Exhibit “A,” as referenced in subsection (a), is not set out herein, but is on file and available for inspection in the offices of the city.