Applications may be made to and on forms approved by the Building Commissioner for permits allowing the installation of newspaper dispensing devices on public property along the streets and thoroughfares within the City.
The Building Commissioner shall either deny the application, stating the reasons for such denial or grant the permit subject to the following terms:
(a) "Newspaper dispensing device" as used in this section means a mechanical coin-operated container constructed of metal or other material of substantially equivalent strength and durability, not more than fifty inches in height and not more than twenty-five inches in length and width. The design of such devices shall be subject to approval by the Building Commissioner.
(b) Newspaper dispensing devices shall not be placed in the residential use districts of the City and shall otherwise be placed adjacent and parallel to building walls not more than six inches distant therefrom or near and parallel to the curb not less than eighteen inches and not more than twenty-four inches distant from the curb at such locations applied for and determined by the Building Commissioner not to cause an undue health or safety hazard, interfere with the rights of the public to the proper use of the streets and thoroughfares, or cause a nuisance as prescribed by Ohio R.C. 723.01. Provided further, however, that no newspaper dispensing device shall be placed, installed, used or maintained:
(1) So as to reduce the clear continuous combined sidewalk and paved tree lawn width to less than five feet;
(2) Within five feet of any fire hydrant or other emergency facility;
(3) Within five feet of any intersecting driveway, alley or street;
(4) Within three feet of any marked crosswalk;
(5) At any location where the width of paved clear space in any direction for the passageway of pedestrians is reduced to less than five feet;
(6) At any location where three newspaper dispensing devices are already located;
(c) The permit shall be granted upon the following conditions:
(1) The permittee shall pay a fee which shall be ten dollars ($10.00) per year or part thereof, for each location where a newspaper dispensing device is installed;
(2) The permittee, upon the removal of a newspaper dispensing device, shall restore the property of the City to the same condition as when the device was initially installed, ordinary wear and tear excepted;
(3) The permittee shall maintain the device in good working order and in a safe and clean condition and keep the immediate area surrounding such device free from litter and debris;
(4) The permittee shall save and hold the City harmless from any and all liability for any reason whatsoever occasioned upon the installation and use of each newspaper dispensing device and shall furnish, at permittee's expense, such public liability insurance as will protect permittee and the City from all claims for damage to property or bodily injury, including death, which may arise from the operation under the permit or in connection therewith and such policy shall name the City as an additional insured, shall be in an amount not less than one hundred thousand dollars ($100,000) combined single limit for any injury to persons and/or damaged property, and shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without thirty days prior written notice to the City. A certificate of such insurance shall be provided to the City and maintained before and during the installation of such devices;
(5) Permits shall be for a term of one year and shall not be assignable;
(6) Such other terms and conditions deemed necessary and reasonable by the Building Commissioner;
(d) Permits issued pursuant to this section may be revoked by the Building Commissioner after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation or any false statement contained in the application for such a permit;
(2) Violation of any provisions of ordinances regulating such permit; or
(3) Violation of the terms of the permit granted.
Notice of hearing for such a revocation shall be given in writing stating the grounds of the complaint together with the time and place of hearing and shall be mailed postage prepaid to the permittee at the address given in the permit application at least five days prior to the dates set for hearing.
(e) A person aggrieved by a decision of the Building Commissioner in refusing to grant or revoking a permit shall have the right to appeal to Council. Such appeal shall be taken by filing a notice of appeal with the Clerk of Council within ten days after notice of the decision by the Building Commissioner has been given. Council shall set the time and place for hearing such appeal and notice of such time and place shall be given in the same manner as specified hereinabove. Council shall have the power to reverse, affirm or modify the decision of the Building Commissioner and any such decision made by the Council shall be final.
(f) Each day of violation of this section shall constitute a separate offense. (Ord. 54-1985. Passed 6-9-86.)