(A) A newsrack permit issued in accordance with this chapter shall be required prior to the installation, placement or maintenance of any newsrack which in whole or in part rests upon, in or over any public right-of-way. Each permit shall be valid for one year unless sooner terminated as provided herein, and may be renewed annually. Each permit shall designate the number and location or locations of newsracks for which the permit has been issued.
(B) A written application far a newsrack permit shall be filed with the Director and shall contain the following:
(1) The name, address and telephone number of the applicant and of the owner of the newsrack(s).
(2) The name, address and telephone number of a representative or other responsible person whom the city may notify or contact at any time concerning the applicant's newsrack(s).
(3) The number of newsracks at the street address of each proposed location as shown on a scaled drawing.
(4) A diagram of the locations proposed for the installation of the newsrack(s).
(5) Names of newspapers or other written material to be contained in each newsrack.
(6) Type or brand of newsrack, including a photograph or scaled drawing of the newsrack and mount.
(7) A written statement satisfactory to the City Attorney whereby the owner agrees to indemnify, defend and hold harmless the city, its officers, officials and employees, from any loss or 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, use or maintenance of a newsrack or newsracks within the city.
(C) Each application shall be accompanied by a non refundable fee in an amount set by resolution of the City Council, which shall not exceed the actual cost of investigating the facts contained in the application and processing of the application.
(D) Upon a finding that the applicant and the owner are in compliance with the provisions of this chapter, the Director shall issue a newsrack permit applicable to the location or locations approved by the traffic engineer. If a permit is denied, the applicant shall be notified in writing of the specific cause of such denial by the Director and of the right to appeal in accordance with § 97.142.
(E) A newsrack permit shall not be required prior to the installation, placement or maintenance of a newsrack which does not rest in whole or in part in or upon a public right-of-way. Such newsrack may not, however, be placed within any required setback area, or where otherwise prohibited by the zoning ordinance of the city. For purposes of application of the zoning ordinance to newsracks, a newsrack shall be deemed to be a structure.
(F) Termination of permit for failure to maintain current information. The applicant and the owner have a continuing duty to maintain current information enabling the Director to contact the applicant and the owner, and any representative or other responsible person, during the term of the permit. Any failure by the applicant or the owner to maintain current the information set forth in divisions (B)(1) and (B)(2) above shall constitute grounds for termination of the permit. Upon termination of any permit because of such failure to maintain current contact information, all newsstands for which the permit had been issued shall be deemed abandoned.
(Ord. 1216, passed 9-3-97) Penalty, see § 97.999