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The approval of any location for use as a news rack shall not be construed as granting the licensee any right or interest to or in the property owned by the city. The rights granted by this chapter are merely a license to use the property for permitted purposes, subject to the provisions of this chapter. (Ord. 7-15, 2015)
News racks shall be anchored to the ground or sidewalk at their site. News racks may not be anchored to trees, posts or poles with chains, rope, cable or otherwise. The licensee shall be responsible for any damage or repairs caused or necessitated by the removal or installation of any news rack to bring the site to its original condition, ordinary wear and tear excepted. (Ord. 7-15, 2015)
All permitted news racks shall comply with following design standards:
A. Height: As measured from the surface of the sidewalk to the highest point of the news rack, no news rack shall exceed:
1. A height of fifty inches (50") when located adjacent to a building or structure, including light poles and similar features, of equal or greater height; or
2. A height of five feet (5') when located adjacent to a building stacked with multiple racks; or
3. A height of three feet (3') in other locations.
B. Other Dimensions: No news rack shall exceed:
1. A depth of two feet (2'); and
2. A length of two feet (2').
C. Color: News racks shall be flat black, or the designated fixture color as part of any special assessment area with an overall street design theme that specifies particular colors. In the event that the design of a special assessment area requires that news racks be enclosed within particular materials or colors, any licensee with news racks within such district shall be notified of the pending requirements and shall comply with them.
D. Advertising: News racks shall carry no advertising except a logo or other information identifying the newspaper or other printed material. This information may be displayed on the news rack up to a height of six inches (6") and width of thirteen inches (13") on the upper two-thirds (2/3) of the sides and a height of three inches (3") and width of twenty inches (20") on the bottom one-third (1/3) of the front.
E. Licensee Information: Each news rack shall have permanently affixed in a readily visible place the current name, address, and telephone number of the licensee. (Ord. 7-15, 2015)
A. The city may deny, suspend or revoke the news rack license or deny renewal thereof, if the city finds:
1. That such licensee has violated or failed to meet any of the provisions of this chapter;
2. The licensee does not have a currently effective insurance policy in the minimum amounts provided in this chapter; or
3. That the licensee has abandoned the use of the news rack(s) as defined in this chapter. (Ord. 7-15, 2015)
A. Notice: If at any time it is determined by the city that a licensee's news rack is not in compliance with the requirements of this chapter, the city shall give a written "notice of intent to remove" to the licensee. Such notice shall state the violation or violations that constitute the basis of the proposed removal. The notice shall state the date, time and place for a hearing to be held before removal.
B. Hearing: The hearing shall be held not less than ten (10) days after the time of service of the notice. Before the hearing, the licensee may file a written response to the notice specifically setting forth the reason or reasons the news rack should not be removed. At the hearing the real property manager shall determine whether the news rack complies with the provisions of this chapter. In the event that the real property manager determines that the news rack does not comply with this chapter, the licensee shall remove or bring into compliance the news rack within ten (10) days. If the news rack is not removed or brought into compliance as required, the city may remove the news rack and recover the expense of removal from the licensee.
C. Appeal: The licensee may appeal any removal decision or order to the mayor or the mayor's designee. Any appeal shall be filed in writing within ten (10) days after the decision and shall specify the basis for the appeal. The mayor shall consider the appeal based on the written submissions. (Ord. 7-15, 2015)
A. Removal: In the event a city official determines that the location or operation of the news rack constitutes an immediate physical threat to public life, safety or health, the city may remove the news rack immediately without any prior notice. This provision shall not be enforced in any way related to the content of the material distributed by the news rack.
B. Notice: In the event of such an emergency removal, the city shall immediately contact the licensee's representative and inform the representative of the removal, the reason(s) for the removal, and of the licensee's right to request a hearing before the real property manager regarding such removal. If requested by the representative, the city shall hold an immediate hearing before the real property manager to determine whether or not the removed news rack constituted an immediate threat to the public life, safety or health. In the event that the real property manager determines that the news rack did not constitute such an immediate threat, the city shall immediately, at its own expense, replace the news rack at its location. In the event that no immediate hearing is requested by the licensee's representative, a hearing as provided in subsection 14.36.190B of this chapter shall be held, except that the process shall occur after the removal of the news rack.
C. Appeal: The licensee 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 after the decision and shall specify the basis for the appeal. The mayor shall consider the appeal based on the written submissions. (Ord. 7-15, 2015)
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