7-17-5: YEARLY PERMIT OR CERTIFICATION REQUIREMENT:

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)

7-17-6: PERMIT APPLICATION:

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)

7-17-7: PERMIT FEE, BOND:

   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)

7-17-8: ISSUANCE OF PERMIT:

   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)

7-17-9: CERTIFICATION OF APPLICATION:

For any subsequent year after the newsrack permit has been issued the permittee shall, with their renewal permit application, submit a certificate, on a form to be provided by the city, which shall include the following:

   A.   Any changes in the information provided to the city by the permit application, and

   B.   A current map with the information required by subsection 7-17-6H of this chapter.

(Ord. 2012-41, 7-10-2012)

7-17-10: TRANSITIONAL FILINGS:

   A.   Any person owning or maintaining an existing newsrack on a city street shall obtain a permit for the existing location by filing a permit application and the yearly certification on or before August 15, 2012, for the period through October 31, 2012. No fee shall be required for a transitional filing. All transitional permittees shall have until October 31, 2012, to come into full compliance with this chapter.

   B.   If the number of transitional filings for a particular location exceed the number of newsracks allowed under section 7-17-13 of this chapter, the planning department shall first attempt to apportion the number of available locations through the use of a newsrack group, and if more newsracks remain to be accommodated, shall hold a lottery between the applicants for the available spaces.

   C.   Failure to make a transitional filing within the time allowed shall be deemed an intent by the owner of an existing newsrack to relinquish the right to maintain a newsrack at the existing location.

   D.   Any newsrack in a nonconforming location shall comply with all other terms of this chapter.

(Ord. 2012-41, 7-10-2012)

7-17-11: HOLD HARMLESS:

Any person owning or maintaining a newsrack on a city street shall agree to indemnify, defend and hold Ogden City and its officers, agents and employees harmless for any loss or damage, including attorney fees, arising out of the use or placement of such newsrack(s).

(Ord. 2012-41, 7-10-2012)

7-17-12: INSURANCE REQUIREMENTS:

Any person owning or maintaining a newsrack on a city street shall maintain liability insurance with an insurer insuring against all liability that the owner or maintainer of the newsrack may incur by virtue of the placement, care, use, operation and existence of the newsrack. Such insurance shall have a limit of no less than two hundred fifty thousand dollars ($250,000.00) for each occurrence or, if the provisions of the Utah governmental immunity act are modified, such other limit as may be required by the city attorney to protect the city from liability. This insurance shall name the city as an additional insured and evidence of such insurance shall be submitted with the original application and each renewal.

(Ord. 2012-41, 7-10-2012)

7-17-13: NUMBER OF NEWSRACKS PER BLOCK, GROUPING:

   A.   There shall be no more than sixteen (16) single box newsracks on a square block and no more than six (6) single box newsracks on any block face. One multibox newsrack may stand in the place of three (3) single box newsracks, except that there shall be no more than one multibox newsrack on any block face.

   B.   Each newsrack group shall be separated from another newsrack or newsrack group by a distance of not less than two hundred feet (200') and each single box newsrack within a newsrack group shall be separated by not more than two feet (2') from the nearest other single box newsrack in the group.

   C.   A newsrack group located within thirty feet (30') of an intersection or street corner, measured from the back of curb, shall be deducted from the total number of newsracks and publication types allowed on both block faces.

   D.   No more than four (4) newsracks on any block may dispense the same publication. No more than two (2) newsracks on any block face shall dispense the same publication.

   E.   If the design of any special improvement district or redevelopment district requires a different grouping pattern on any block face, the grouping on that block face shall be as required by the district design.

(Ord. 2012-41, 7-10-2012)