(a) The following prohibitions shall apply to a publication dispensing device:
(1) There shall be no publication dispensing device allowed and no person may install or direct another person to install any publication dispensing device on any sidewalk within the Waikiki special district;
(2) Any publication dispensing device installed in violation of this article shall be subject to removal by, and forfeiture to, the director if not removed within five days of demand for removal thereof by the director; and
(3) The director, or a person or agency designated by the director, shall be responsible for the removal and forfeiture of the publication dispensing device.
(b) The following prohibitions shall apply to publication dispensing rack spaces, publication dispensing rack inserts, and publication dispensing rack enclosures:
(1) No person may move, remove, destroy, deface, or detach any publication dispensing rack enclosure unless directed to do so by the director;
(2) No advertising, signage, or lettering of any kind shall appear on the exterior of, or be otherwise visible from the exterior of, any publication dispensing rack insert, any publication dispensing rack enclosure, or any space within a publication dispensing rack enclosure. For the purposes of this section, any one of the following: the display of a copy of the publication being dispensed, the designation assigned to a space by the director, or instructions on the dispensing of the publication from the publication dispensing rack insert, shall not be deemed advertising, signage, or lettering, provided that the dispensing instructions, if any, shall not protrude beyond two rectangles with dimensions of 3.5 x 4 inches;
(3) No publication dispensing rack insert may be inserted within a space in a publication dispensing rack enclosure, except pursuant to a current and valid permit issued under this article. Any publication dispensing rack insert so inserted without a current and valid permit shall be subject to removal by and forfeiture to the director or a person or agency designated by the director;
(4) No person may place any trash, rubbish, or, without the approval of the director, any other material, other than a permitted publication dispensing rack insert and copies of the permitted publication, in a space in a publication dispensing rack enclosure;
(5) No person may move, remove, deface, or detach any publication dispensing rack insert that has been inserted into a publication dispensing rack enclosure under a current and valid permit without authorization of the permittee or the city; and
(6) No person may climb, sit, stand, or lie on top of, inside of, or under any publication dispensing rack enclosure, any space within a publication dispensing rack enclosure, or any publication dispensing rack insert without authorization of the city.
(c) The director shall adopt rules, pursuant to § 13-11.15, to establish procedures for giving notice of violations, and for the removal and forfeiture of publication dispensing devices in accordance with subsection (a), or of publication dispensing rack inserts in accordance with subsection (b).
(1990 Code, Ch. 29, Art. 11, § 29-11.11) (Added by Ord. 02-10; Am. Ord. 14-2)