Loading...
A. Notice: If at any time it is determined by the city that a newsrack is not in compliance with the requirements of this chapter, a "notice of intent to remove" shall be issued, in writing, to the permittee by mail. Such notice will state the violation constituting the basis of the proposed removal. The notice shall allow the permittee ten (10) days from the date of mailing to request a hearing before removal of the newsrack. If no hearing is requested within the time allowed, the city may proceed with removal and recover the cost from the permittee.
B. Hearing: If a hearing is requested, it shall be held not less than fifteen (15) days from the date a request for hearing is filed. Prior to the hearing the permittee may file a written response specifically setting forth the reason that the newsrack should not be removed. At the hearing the hearing officer shall determine whether the newsrack complies with the provisions of this chapter. In the event that the hearing officer determines that the newsrack is not in compliance with this chapter, the newsrack shall be removed by the permittee within ten (10) days or otherwise brought into compliance with this chapter. If the newsrack is not removed as required, the city may remove the newsrack and recover the expense of removal from the permittee.
C. Appeal: The permittee may appeal any decision or order to the mayor or the mayor's designee. Any appeal shall be filed in writing within ten (10) days of the decision of the hearing officer and shall specify the basis for the appeal. The mayor shall consider the appeal based on the written submissions.
(Ord. 2012-41, 7-10-2012)
A. Removal: In the event that the traffic engineer, the police department or fire department determines that the location or operation of the newsrack constitutes an immediate physical threat to public safety or health, the newsrack may be removed by the city immediately without any prior notice or hearing. This provision shall not allow the removal of a newsrack or a publication based on the content of the material distributed in the newsrack.
B. Undocumented Content Of Newsracks That Is Not Explicit Or Sexual Or Erotic In Nature: In the event that any newsrack contains periodicals, newspapers or other printed material that has not been properly identified on the permit application as pertaining to a particular newsrack, the city may remove the publications or require the permittee to recertify the newsrack to include the periodical or written material content of said newsrack on the permit under section 7-17-9 of this chapter.
C. Undocumented Content Of Newsracks That Is Explicit, Erotic Or Sexual In Nature: In the event that any newsrack contains periodicals, newspapers or other printed material with lewd pictures, photos, drawings or illustrated depictions, such material may be removed immediately by city personnel without notice or hearing. For purposes of this section, lewdness means:
1. An act of sexual intercourse or sodomy;
2. The exposed male or female genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area;
3. An act of masturbation; or
4. Any other act of lewdness.
D. Notice And Hearing: In the event of the immediate removal of a newsrack or printed material under this section, the city shall contact the permittee's designated representative appearing on permittee's permit application as soon as reasonably possible and inform the representative of the removal and the reason(s) therefor. If requested by the representative, the city shall hold a hearing before a hearing officer to determine whether or not the removed newsrack constituted an immediate threat to the public's life, safety and/or health or whether the material was properly removed. If the hearing officer determines that the newsrack did not constitute such an immediate threat, the city shall immediately, at its own expense, replace the newsrack at its location. In the event that no immediate hearing is requested by the permittee's representative, a hearing shall be conducted, within five (5) business days of the emergency removal action, by a hearing officer in order to review ordinance compliance on the subject newsrack. In the event that the city determines that permittee is not in compliance with this chapter, then the city shall retain the newsrack, return it to the permittee, and recover the expense of removal from the owner.
E. Appeal: The permittee may appeal any decision or order to the mayor or the mayor's designee. Any appeal shall be filed in writing within ten (10) days of the decision and shall specify the basis for the appeal. The mayor shall consider the appeal based on the written submissions. The permittee shall not be entitled to replacement of the newsrack or any material removed by the city during the appeals process.
(Ord. 2012-41, 7-10-2012)
Any newsrack on a city street, except those for which a permit has been obtained pursuant to this chapter, shall be impounded by the city without prior notice or hearing. The city shall take reasonable efforts to determine the owner of the newsrack and shall notify the owner of the impoundment. The owner of any impounded newsrack shall be responsible for the expense of removal and storage of such newsrack. If the owner of an unauthorized newsrack or a permittee of a removed newsrack fails to reclaim the impounded newsrack and pay the expenses of removal and storage within thirty (30) days from notice of impoundment, the newsrack may be deemed unclaimed property and may be disposed of pursuant to law.
(Ord. 2012-41, 7-10-2012)
Newsracks which are not in downtown commercial zones but whose location is permitted by this chapter, as designated on exhibit A attached to the ordinance codified herein, and for which a permit has been obtained, shall comply with the design standards of this chapter before October 31, 2012, whereupon said newsracks must then come into full compliance with all design standards required by this chapter.
(Ord. 2012-41, 7-10-2012; amd. Ord. 2023-16, 4-11-2023)
Newsracks for which a permit has been obtained and which comply with the design standards of this chapter but are located at a site which does not comply with the location requirements of this chapter may remain in the present location until October 31, 2012, or any such earlier date when the city owned property or publicly owned sidewalk where such newsrack is located is substantially repaired or altered by a special improvement district or other similar project. After October 31, 2012, newsracks shall be permitted according to first in time on filing a permit application with the city, first in right subject to Ogden City's right to deny a permit under section 7-17-8 of this chapter.
(Ord. 2012-41, 7-10-2012; amd. Ord. 2023-16, 4-11-2023)
Newsracks for which a permit has been obtained, which are in compliance with all requirements of this chapter and which are substantially in compliance with the design provisions of this chapter, may remain with their present design until December 31, 2012, whereupon said newsracks must then come into full compliance with all design standards required by this chapter.
(Ord. 2012-41, 7-10-2012; amd. Ord. 2023-16, 4-11-2023)