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Lima, OH Code of Ordinances
CODIFIED ORDINANCES OF LIMA, OHIO
CHARTER OF THE CITY OF LIMA, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - PROPERTY MAINTENANCE CODE
PART TWENTY - NUISANCE ABATEMENT
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862.01   DEFINITIONS.
   (A)   "Distributor" means the person responsible for placing and maintaining a newsrack in a public right of way.
   (B)   "Parkway" means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.
   (C)   "Roadway" means that portion of a street improved, designed or ordinarily used for vehicular travel.
   (D)   "Sidewalk" means any surface provided for the exclusive use of pedestrians.
   (E)   "Street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
(Ord. 100-84. Passed 8-13-84.)
862.02   PERMIT REQUIRED.
   No person, firm or corporation shall erect, place, maintain or operate on any public street or sidewalk, or in any other public way or place in the City, any newsrack without first having obtained a permit from the License Clerk, specifying the exact location of such rack(s). One permit may be issued to include any number of newsracks and shall be signed by the applicant.
(Ord. 100-84. Passed 8-13-84.)
862.03   APPLICATION FOR PERMIT.
   An application for such permit shall be made in writing to the License Clerk upon such form as shall be provided by him, and shall contain the name and address of the applicant, the proposed specific location of such newsrack and shall be signed by the applicant.
(Ord. 100-84. Passed 8-13-84.)
862.04   CONDITIONS FOR PERMIT.
   (A)   As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save 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 a result of the installation, use or maintenance of a news rack within the City.
   (B)   Permits shall be issued for the installation of a news rack or news racks without prior inspection of the location, but such news rack or news racks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this chapter and such reasonable rules and regulations as may be established by the Mayor. Permits shall be issued within twenty-four hours after the application has been filed. An annual permit fee in the amount specified in Section 868.01 shall be charged.
   (C)   Such permits shall be valid for one year and shall be renewable pursuant to the procedure for original applications referred to in Section 862.02 and upon payment of the annual permit fee specified in Section 868.01.
(Ord. 100-84. Passed 8-13-84; Ord. 248-17. Passed 10-9-17.)
862.05   STANDARDS FOR MAINTENANCE AND INSTALLATION.
   Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:
   (A)   No newsrack shall exceed five feet in height, thirty inches in width or two feet in thickness.
   (B)   No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.
   (C)   Each newsrack shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin return mechanisms shall be maintained in good working order.
   (D)   Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism, or to give the notices provided for in this division.
   (E)   Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
      (1)   It is reasonably free of dirt and grease.
      (2)   It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
      (3)   It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
      (4)   The clear plastic or glass parts thereof, if any, through which the publications therein are viewed, are unbroken and reasonably free of cracks, dents, blemishes and discoloration.
      (5)   The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.
      (6)   The structural parts thereof are not broken or unduly misshapen.
(Ord. 100-84. Passed 8-13-84.)
862.06   LOCATION AND PLACEMENT OF NEWSRACK.
   Any newsrack which rests in whole or in part upon, or on any portion of a public right of way or which projects onto, into or over any part of a public right of way shall be located in accordance with the provisions of this section:
   (A)   No newsrack shall be used or maintained which projects onto, into or over any part of the roadway of any public street, or which rests wholly or in part upon, along or over any portion of the roadway of any public street.
   (B)   No newsrack shall be permitted to rest upon, in or over any public sidewalk or parkway when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location.
   (C)   No newsrack shall be chained, bolted or otherwise attached to any fixture located in the public right of way, except to other newsracks.
   (D)   Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight feet along a curb, and a space of not less than three feet shall separate each group of newsracks.
   (E)   No newsrack shall be placed, installed, used or maintained:
      (1)   Within three feet of any marked curb.
      (2)   Within twelve feet of the curb return of any unmarked crosswalk.
      (3)   Within five feet of any fire hydrant, fire call box, police call box or other emergency facility.
      (4)   Within five feet of any driveway.
      (5)   Within three feet ahead or fifteen feet to the rear of any sign marking a designated bus stop.
      (6)   Within three feet of the outer end of any bus bench.
      (7)   At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
      (8)   Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
      (9)   Within 100 feet of any other newsrack on the same side of the street in the same block containing the same issue or edition of the same publication.
   (F)   The provisions contained in subsection (E)(3) hereof shall not apply if compliance with the provisions would prohibit the placement of newsracks for a distance of 150 feet on the same side of the street in the same block.
(Ord. 100-84. Passed 8-13-84.)
862.07   VIOLATIONS.
   Upon determination by the Mayor that a newsrack has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the offending condition will be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to properly correct the offending condition within three days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order shall result in the offending newsrack being summarily removed and sold at the next police auction, unless claimed by the owner. If the offending newsrack is not properly identified as to the owner, it shall be removed immediately and sold at the next police auction, unless claimed by the owner. The Mayor shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of such newsrack shall be charged a ten dollar ($10.00) inspection fee for each newsrack so inspected which charge shall be in addition to all other fees and charges required under this chapter.
(Ord. 100-84. Passed 8-13-84.)
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