(A) No person, firm, corporation, or other entity shall install or maintain any rack or box for distribution of publications within the public right-of-way without first applying to the office of the Superintendent of Public Works for a permit on application forms provided by the city.
(B) The application form shall disclose the identity of the party owning or placing such racks or boxes, the manufacturer, type, and description of operation of the racks or boxes proposed; identification of all locations at which racks or boxes are proposed to be placed, and names of newspapers or periodicals to be contained in each rack or box. A full color photograph of each rack or box proposed to be installed, and an application fee of $5 per unit shall accompany each application.
(C) Within five working days following receipt of each application, the Superintendent of Public Works shall approve such application, unless the installation proposed by the application will violate any provision of this chapter, and the applicant refuses or is unable to remedy such violation. Failure to approve or deny the application within five working days shall not be deemed to be an approval.
(D) An applicant may appeal any denial of a permit by the Superintendent of Public Works by filing a written appeal to the City Planning Commission within ten days following such denial. Upon appeal, the Planning Commission may affirm, reverse, or modify the decision of the Superintendent of Public Works, provided that the purpose and intent of the standards provided in this chapter are adhered to by the Planning Commission, and the public health, safety and welfare, and the reasonable use of the public right-of-way by vehicular and pedestrian traffic, are protected.
(E) No later than 120 days after the adoption of this chapter by Council, all racks or boxes for distribution of publications located in the public right-of-way shall be in conformity with these regulations.
(F) All racks or boxes are subject to removal if a valid permit has not been issued for them, or if there is a need to remove them for maintenance or condition purposes, as set forth in § 121.06. Racks and boxes removed by the city shall be stored and notification provided to the owners.
(Ord. 13-1999, passed 4-7-99) Penalty, see § 121.99