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For the purposes of this chapter, certain words and phrases shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended:
A. "Custodian" means a person who has the responsibility of placing, servicing, or maintaining a publication vending machine by depositing and/or removing material from the machine and/or by collecting moneys from the machine.
B. "Parkway" means that area between the sidewalks and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also includes any area within a roadway which is not a sidewalk and is not open to vehicular traffic.
C. "Publication vending machine" means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display or sale of any written or printed material including but not limited to newspapers, news periodicals, magazines, books, pictures, photographs, and records.
D. "Street" means all that area dedicated to public use for public street purposes and includes but is not limited to roadways, parkways, alleys, and sidewalks.
(Ord. 75-8-739 § 1 (part): prior code § 5.36.010)
No person or custodian, whether as a principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place or permit the placement of any publication in a vending machine within the city, or place any such public vending machine on any street within the city, unless either the publisher or distributor of the material placed within the publication vending machine has a valid business license within the city and the one placing the publication vending machine upon the street has a valid business license within the city.
(Ord. 75-8-739 § 1 (part): prior code § 5.36.030)
All persons shall obtain a business license in accordance with the procedures of Chapter 5.04 and the business license shall be maintained in full force and effect at all times that vending machines are maintained on public rights-of-way. Before issuing a business license, the director of finance shall insure that there is on file the following:
A. A written statement satisfactory to the city attorney whereby the person who will place or maintain such machine on a public street agrees to indemnify and hold harmless the city and its officers, agents, or employees from any loss or liability or damages including expenses and costs for bodily or personal injury and for property damage sustained by any person as a result of the installation, use, or maintenance of such a machine within the city;
B. A certificate of insurance establishing that there is in force and effect an insurance policy which will remain in force during the time that such machine is allowed to remain on public property, which such policy shall be of public liability insurance against liability for death or for injuries to persons or damage to property arising out of accidents attributable to the newspaper or magazine racks or stands or publication vending machines on city property in the amounts determined by the city with limits of at least one hundred thousand dollars for injury or death to any person, and three hundred thousand dollars for injury or death arising from any one accident or occurrence, and twenty-five thousand dollars for property damage. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of his permit and shall contain a provision that such policy may not be cancelled except after thirty days' notice in writing given to the director of finance. Copies of these policies or certificates evidencing the same shall be filed with the city.
(Ord. 75-8-739 § 1 (part): prior code § 5.36.040)
No person shall install, use, or maintain any publication vending machine which projects onto, into, or over any part of the roadway of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street.
(Ord. 75-8-739 § 1 (part): prior code § 5.36.050)
No person shall install, use, or maintain any publication vending machine which in whole or in part rests upon, in, or over any public sidewalk or parkway when such installation, use, or maintenance endangers the safety of persons or property or when such area or location is used for public utility purposes, public transportation purposes, or governmental use, or when such publication vending machines unreasonably interfere with or impede the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.
(Ord. 75-8-739 § 1 (part): prior code § 5.36.060)
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