(a) Applications and Permits. Applications may be made to, and on forms approved by, the Mayor for rental permits allowing the installation of newspaper dispensing devices on public property along the streets and thoroughfares in the City respecting newspapers having general circulation throughout the City. Upon a proper application, the Mayor shall grant such permit subject to the following terms and conditions:
(1) As used in this section, "newspaper dispensing device" means a mechanical, coin-operated container constructed of metal or other material of a substantially equivalent strength and durability, not more than fifty inches in height and not more than twenty-five inches in length and width.
(2) Notwithstanding any other section of these Codified Ordinances or action by any board of the City, the following minimum provisions shall be contained in any standards enacted for such devices:
A. The device shall be of a color that matches identically a color selected by the City which is part of the general color scheme for all structures located on public rights of way or thoroughfares, including, but not limited to, RTA bus shelters and telephone booths.
B. The device shall be permitted to have the logo of the newspaper contained therein on three sides, the price of the paper contained therein and the name of the newspaper contained therein on the front.
C. No other advertising or writing of any other type shall be permitted elsewhere on the device.
D. A temporary insert of less than two square feet placed in a bracket on one and only one side of the newspaper dispensing device informing the public of stories or news features of the publication contained therein shall not be considered advertising or use for publicity purposes.
(3) 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 therefrom, at such locations applied for and determined by the Mayor not to cause an undue health or safety hazard, to unduly interfere with the right of the public to the proper use of the streets and thoroughfares, or to cause a nuisance as proscribed by Ohio R.C. 723.01. In addition, no newspaper dispensing device shall be placed, installed, used or maintained as follows:
A. So as to reduce the clear, continuous combined sidewalk and paved tree lawn width to less than five feet;
B. Within five feet of any fire hydrant or other emergency facility;
C. Within five feet of any intersecting driveway, alley or street;
D. Within a handicap curb cut or ramp or within three feet of any marked crosswalk;
E. At any location where the width of paved clear space in any direction of the passageway of pedestrians is reduced to less than five feet;
F. Within 250 feet of another newspaper dispensing device containing the same newspaper or news periodical, except that the Mayor may permit two such dispensing devices at an intersection where such placement would not impair traffic or otherwise create a hazardous condition; and
G. At any location where three newspaper dispensing devices are already located or at any location where the Mayor determines that such placement would cause an undue safety or health hazard, unduly interfere with the right of the public to the proper use of the streets and thoroughfares, or cause a nuisance as proscribed by Ohio R.C. 723.01.
(4) The rental permit shall be granted upon the following conditions:
A. The permittee shall pay a rental fee of ten dollars ($10.00) per year or part thereof, for each location where a newspaper dispensing device is installed.
B. 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.
C. The permittee shall maintain the device in good working order and in a safe and clean condition and shall keep the immediate area surrounding such device free from litter and debris.
D. The permittee shall not use a newspaper dispensing device for advertising signs or publicity purposes.
E. 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 the permittee's expense, such public liability insurance as shall protect the 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. Such policy shall name the City as an additional insured, shall be in an amount of 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.
F. Rental permits shall be for a term of one year, shall not be assignable and shall not grant any permanent right.
G. If the Mayor does not deny an application within twenty-one days following the date of the application, the application shall be deemed granted.
(b) Application Denials and Permit Revocation.
(1) Application for rental permits issued pursuant to this section may be denied or revoked by the Mayor only after notice and hearing and only for either of the following causes:
A. Fraud, misrepresentation or any false statement contained in the application for such a permit; and
B. Noncompliance with or violation of any provision of this section or other ordinances regulating such rental applications or rental permits, or violation of any condition of the rental permit.
The content of any newspaper sold or any censorship thereof shall not be a good cause or reason for denial of a permit application or revocation of a permit, except that pornographic material which violates other ordinances of the City or the general laws of the State shall not be permitted to be sold from dispensing devices.
(2) Upon a preliminary determination by the Mayor to deny a permit application or to revoke a permit, the Mayor shall issue notice of such preliminary determination to the applicant for a permit or to the permittee. The notice shall be in writing and shall state the specific reason for the preliminary determination denying the application or revoking the permit. Upon issuance of the preliminary determination to deny the application or revoke the permit, the applicant or permittee shall have seven calendar days after receipt of the notice to remedy the cause set forth in the notice or to appeal the preliminary determination of the Mayor. If the applicant or permittee elects to appeal the preliminary determination, the Mayor or Mayor's designee will conduct a hearing concerning the causes set forth in the preliminary determination within fourteen days of the date upon which the notice was issued, but in no event shall such hearing be held less than eleven days after the issuance of such notice. After such hearing, if it is conducted pursuant to this section, the Mayor shall issue a final determination.
(3) If the application or permittee remedies the cause set forth in the notice issued pursuant to paragraph (b)(2) hereof within the time period set forth in the notice, the Mayor shall either grant the application or rescind the revocation of the existing permit, and no hearing on the preliminary determination shall be conducted.
(4) A person aggrieved by a final determination of the Mayor in refusing to grant or in revoking a rental permit after the hearing set forth in paragraph (b)(3) hereof may appeal to Council. Such appeal shall be made by filing a notice of appeal, including a statement of the grounds for the appeal, with the Clerk of Council within ten days after notice of the final determination by the Mayor 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 in paragraph (b)(2) hereof. Council may reverse, affirm or modify the decision of the Mayor and any such decision made by Council shall be final. If Council fails to hear and decide such appeal within ninety days of the date of docketing of such appeal on the Council agenda, which shall be the first Council meeting after the filing of such appeal, the appeal shall be sustained and the relief sought in the appeal shall be granted, except that such relief shall be limited to that provided herein to Council.
(5) The Mayor and Council shall have subpoena power to compel attendance of witnesses at the hearing. Included in the subpoena power contained herein is the power and duty to subpoena witnesses and compel the attendance of witnesses on behalf of the appellant, but all at the expense of the appellant.
(6) The filing of an appeal to Council of the final determination of the Mayor under this section shall stay the decision of the Mayor to revoke a permit until after the permittee has exhausted all rights of appeal provided by these Codified Ordinances and for seven days thereafter.
(Ord. 91-88. Passed 3-6-89.)