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As used in this chapter, the following words and phrases shall have the meaning given them:
ADJACENT: A distance of not more than two feet (2').
BLOCK FACE: One side of that portion of any street that has street numbers ranging between any two (2) consecutive multiples of one hundred (100), such as between 100 and 200, or between 2200 and 2300, etc.
BLOCK, SQUARE: The area within the four (4) major street sides of a block with street numbers ranging between any two (2) consecutive multiples of one hundred (100), such as between 100 and 200, or between 2200 and 2300, etc. A square block includes any midblock streets (block faces) that run within the boundary of the four (4) major streets, such as 2250 or Kiesel.
HEARING OFFICER: The mayor or a person appointed by the mayor pursuant to section 4-4A-1 of this code.
NEWSRACK: Any outdoor self-service structure, container, box or enclosure used or maintained for the distribution of publications, such as newspapers, news periodicals or other printed advertising or reading material, regardless of whether a fee is charged.
NEWSRACK GROUP: Up to three (3) single box newsracks located adjacent to one another or one multibox newsrack.
NEWSRACK, MULTIBOX: A single integrated newsrack housing that is designed to dispense between two (2) and six (6) publications.
NEWSRACK, SINGLE BOX: A newsrack housing that is designed to dispense a single publication.
STREET: Includes any street, avenue, highway, alley or other public thoroughfare, including the entire width from property line to property line.
(Ord. 2012-41, 7-10-2012)
A. Newsracks are permitted on streets within downtown commercial zones (C-ENT, C-MU, H25, and C-9), as defined by the zoning map of Ogden City.
B. Outside downtown commercial zones, newsracks in place on a street as of December 1, 2011, and which substantially conform to the provisions of this chapter and which are listed on exhibit A attached to the ordinance codified herein, a copy of which shall be filed with the city recorder along with said ordinance, may remain in their present locations subject to their compliance with all provisions of this chapter. Other than those newsracks found under exhibit A, or described in subsection C of this section, no other newsracks will be permitted on streets within Ogden City boundaries outside of downtown commercial zones.
C. Newsracks located on any street lying entirely within the Weber State University campus are not regulated by this chapter and shall be governed by the university. These regulations do apply to streets on the perimeter of the existing campus, including Skyline Drive and Harrison Boulevard.
D. It is unlawful to own, operate, place or maintain a newsrack on a street in violation of the terms of this chapter.
(Ord. 2012-41, 7-10-2012; amd. Ord. 2023-16, 4-11-2023)
Any person desiring to locate or establish a newsrack on a city street shall, prior to any initial use, and thereafter before October 31 of each year but not earlier than July 1 submit the required permit application or certification as specified below. The annual renewal deadline for existing newsrack locations shall be October 31 in any given year. A yearly permit shall cover a full calendar year beginning on November 1 of a given year and ending on October 31 of the following year.
(Ord. 2012-41, 7-10-2012)
An application for a newsrack permit to distribute periodicals and other print material through newsracks on a city street ("permit") shall be filed upon a form provided by the development services supervisor and shall include the following:
A. The name, address, telephone number and e-mail address of the applicant;
B. The name, address, telephone number and e-mail address of a responsible person whom the city may notify or contact at any time concerning the applicant's newsracks;
C. Evidence of the applicant's qualification to do business in the state of Utah;
D. Evidence of the applicant's Ogden City business license;
E. The name of the materials to be distributed by the newsrack;
F. The number and location of newsracks on city owned property or publicly owned sidewalks which will be, or are expected to be used and maintained by the applicant; and
G. The evidence of insurance or self-insurance required by section 7-17-12 of this chapter;
H. A map of the downtown commercial zones showing the proposed location(s) of newsracks subject to the permit, which is maintained by the permittee. If the permit holder proposes to distribute more than one publication through the newsracks, the map shall identify which publication is distributed at which newsrack location. The proposed map shall be subject to final approval by the Ogden City planning division, prior to issuance of the permit.
The permit required under this section is an annual renewal permit not subject to the encroachment permit designations under section 7-4-2 of this title. Any permit issued under this section shall be subject to the compliance provisions of this chapter only.
(Ord. 2012-41, 7-10-2012; amd. Ord. 2023-16, 4-11-2023)
A. The permit application, and each annual renewal, shall be accompanied by a fee in the amount of five dollars ($5.00) for each single box newsrack, or fifteen dollars ($15.00) for each multibox newsrack.
B. In addition to the permit fee, an applicant shall post a bond in the form of cash or a surety bond to ensure the proper removal of the newsrack and obedience to this chapter. The bond shall be determined by the total number of newsracks the applicant maintains throughout the city. Each multibox newsrack shall count as three (3) single box newsracks in making the calculation. The amount of the bond shall be in the following amounts:
Total Number Of Newsracks
| |
1 - 6 | $ 600.00 |
7 or more | 1,000.00 |
Any violation of this chapter by the permittee, including failure to remove a newsrack following the expiration of the permit period, may result in the city calling on the bond to pay for the cost of removal and remediation of the site.
(Ord. 2012-41, 7-10-2012)
A. The Ogden City planning division shall issue a permit to the newsrack owner once the permit application has been approved by any necessary administrative process, the filing of the completed application and payment of the application fee and bond.
B. Ogden City planning division may deny any application for permit based upon a given permittee's past noncompliance with the requirements of this chapter.
C. A permittee whose application has been denied may appeal that determination within ten (10) days using the process described in section 7-17-20 of this chapter.
(Ord. 2012-41, 7-10-2012)
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