(a) Prohibitions. No person, whether as a principal, agent, or employee, either for itself or any other person, or as an officer of any corporation, or otherwise, shall place, affix, erect, construct or maintain a newsrack upon any public right-of-way or public land unless and until an administrative encroachment permit has been obtained from the Public Works Department.
(b) Application. A written application for a newsrack encroachment permit shall be filed with the Public Works Department on the City's form and shall include at least the following information:
(1) The name, address and telephone number of the applicant, or the distributor;
(2) The name, address and telephone number of a representative of the applicant or other responsible person whom the City may notify or contact at any time concerning the applicant’s newsrack or newsracks;
(3) Proof that the type or brand of newsrack is consistent with requirements of this article, including a photograph of the newsrack and mount;
(4) A picture or map showing and identifying the number of newsracks, the exact proposed location of each (herein “site”), and the order of all newsracks at that location;
(5) The name of the newspaper, publication or periodical to be contained in each newsrack.
(c) Fee. Each application for a newsrack encroachment permit shall be accompanied by a processing fee, which shall not exceed the processing, inspection and enforcement costs, in an amount set by resolution of the City Council.
(d) Conditions for permit.
(1) In issuing the permit or rejecting any site, the Public Works Department shall be guided solely by the standards and criteria set forth in this article. In any case where the Public Works Department disapproves of a particular location, such disapproval shall be without prejudice to the applicant who may designate a different location or locations.
(2) Permits shall be issued for the installation of a newsrack or newsracks only after City inspection of a proposed site, or sites, and the installation, use or maintenance thereof shall be conditioned upon compliance with the provisions of this article.
(3) Permits should be issued within ten (10) business days after a completed application has been filed and upon a finding that the application complies with the provisions of this article.
(4) If an application or a proposed site is denied, the applicant shall be notified in writing of the specific reason for such denial and the right of a hearing in accordance with Section 7-2.1310.
(5) Insurance and Indemnification as set forth in this article.
(e) A single permit may include up to ten (10) proposed sites for newsracks to be installed within the City.
(f) Each permit shall expire on or about the first day of April of each year, and shall be renewed pursuant to a simplified review process as established by the Public Works Department.
(g) Insurance and indemnification. As part of the permit application, each applicant shall indemnify, defend and hold the City, its officers, employees and agents free and harmless from any claim, damage, liability, demand or judgment in favor of any person or entity, arising out of the location, operation and use of any newsrack located upon, in or over a public right-of-way or other public property. The applicant shall provide the City with a certificate of insurance or other documentation, as required by the City Attorney, evidencing that a liability insurance policy in minimum amounts set by the City Attorney has been issued, naming the City as an additional insured, and containing a provision that the policy cannot be canceled except upon thirty (30) days written notice to the City of the fact of such cancellation. If such insurance is canceled at any time during the time the newsrack is installed or maintained on public property, said newsrack shall be removed at permittee’s cost in accordance with the provisions of this article.
(h) Identification tag. The name, address, and telephone number of a responsible person who may be contacted at any time concerning the newsrack shall be displayed on the newsrack in such a manner as to be readily visible and readable to a prospective customer thereof.
(i) Permit Sticker. Upon permit approval, the Public Works Department shall issue to the applicant a sticker or stickers evidencing the permit, which shall be affixed to each newsrack on the permit in the manner specified by the Public Works Department within ten (10) business days thereof.
(§ 2, Ord. 1312-NS, eff. March 16, 1998)