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(A) A permit issued for a privately owned newspaper dispensing device shall be subject to and granted upon the following conditions, restrictions and requirements:
1. Privately owned newspaper dispensing devices shall not be placed at the "Lisle train station" as defined in section 7-11-2 of this chapter, nor placed within any other area located in or bounded by the B-3 district.
2. Newspaper dispensing devices shall be placed adjacent and parallel to building walls not more than six inches (6") distant therefrom, or near and parallel to the curb not less than eighteen inches (18") and not more than twenty four inches (24") distant from the curb.
3. No newspaper dispensing device shall be placed, installed, located or maintained:
(a) Within ten feet (10') of any fire hydrant or other emergency facility;
(b) Within fifteen feet (15') of any intersecting driveway, alley or street;
(c) Within five feet (5') of any bus stop, bench, street sign, stoplight, parking meter, streetlight, utility pole, display window, handicap access ramp, or marked crosswalk;
(d) Within five hundred feet (500') of another newspaper dispensing device containing the same newspaper or news periodical;
(e) So as to be chained, or otherwise secured, to any tree, utility pole, light pole, parking meter, traffic control post, street signpost, bench, refuse receptacle or other public property;
(f) On or within any median within any public right of way;
(g) Within a rectangular area stretching from the entire width of any building entranceway to the curb;
(h) At any location where the width of paved clear space in any direction for the passage of pedestrians is reduced to less than five feet (5');
(i) Adjacent to parallel or angle parking spaces;
(j) Within three feet (3') of any area improved with lawn, flowers, shrubs, planters, or trees. (Ord. 2007-4147, 10-15-2007)
4. No publication may be displayed, offered for sale, or offered free to the public on any public right of way by means of a newspaper dispensing device in such manner as to expose to the public view any photograph, drawing or depiction of any kind contained within such publication displaying any of the following:
(a) The genitals, pubic hair, buttocks, natal cleft perineum, anal region or pubic hair region on any person;
(b) Any portion of the breast, at or below the areola, of any female person.
5. The permittee shall maintain the newspaper dispensing device in good working order, in a safe and clean condition, in such a manner so that:
(a) It is reasonably free of dirt and grease;
(b) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
(c) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;
(d) 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;
(e) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading;
(f) The structural parts thereof are not broken or unduly misshaped and the device is level on the ground and not leaning or placed on uneven portions of ground.
6. A legible telephone number shall be displayed on the newspaper dispensing device for a user to call to obtain a refund in case of malfunction of the newspaper dispensing device.
7. Newspaper dispensing devices may have the name of the newspaper or the applicable publication displayed on the side, front and back of the device provided that the lettering is no larger than two inches (2") in height.
8. The newspaper dispensing device shall not be used for advertising signs or publicity purposes other than the purposes dealing with the display, sale or purchase of the newspaper sold or distributed free therein.
9. Upon removal of the newspaper dispensing device, the permittee shall restore the property of the village to the same condition as when the newspaper dispensing device was initially installed, ordinary wear and tear excepted. If those repairs are not made within thirty (30) days, the village shall undertake that repair work and collect from the owner or permittee the costs thereof, including reasonable attorney fees and related costs of collection. (Ord. 2003-3465, 6-2-2003)