It is unlawful to install, place, maintain or cause to be placed, installed or maintained a newsrack on, or projecting on, any public property without first receiving a permit therefor from the city engineer and unless such newsrack is in compliance with the provisions of this chapter; provided that, except for newsracks proposed to be located within a special newsrack area, a newsrack located on public property as of April 5, 1999 may continue to remain in such location, under the following conditions:
(i) The newsrack is in compliance with the requirements for the installation and maintenance of newsracks contained in this chapter; and
(ii) A permit application for such newsrack has been filed as of that date with the city engineer by the duly authorized representative of both the publisher and, if applicable, any independent distributor authorized to service the publisher's newsrack; and
(iii) A permit pursuant to such application has not been denied with respect to any such newsrack.
If no permit application has been filed by that date by the duly authorized representative of both the publisher and, if applicable, any independent distributor authorized to service the publisher's newsrack, or such permit is denied, such newsrack shall be deemed to be in violation of the provisions of this chapter.
(Ord. 4531 § 2 (part), 1998)