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(A) Any person who placed a newsrack or caused a newsrack to be placed upon any sidewalk or public way in the town prior to the effective date of this chapter and who wishes to maintain said newsrack on and after said date shall, within 60 days after said date, apply for a permit from the Superintendent in accordance with the provisions of this chapter.
(B) Any person who, on or after the effective date of this chapter, intends to place a newsrack or cause a newsrack to be placed on a sidewalk or public way in the town, shall apply for a permit from the Superintendent in accordance with the provisions of this chapter prior to installing the newsrack.
(C) The Superintendent shall provide a permit application form which shall be completed by every person who places or maintains a newsrack on a public way in the town. The form shall require the applicant to provide the following information:
(1) A description and sketch sufficient to show the precise address and location of each newsrack; the height, width and depth of each newsrack; and the manner in which each newsrack will be held in place;
(2) The name, address and telephone number of the owner of each newsrack and the name, address and telephone number of a person responsible for the maintenance and operation of the newsrack who may be contacted in an emergency; and
(3) A statement that the specified location and the newsrack comply with the provisions of this chapter.
(D) Each applicant for a permit or renewal of a permit shall prepare a single application form upon which all newsracks owned by that person and located on a public way or sidewalk in the town shall be listed, together with the information required pursuant to division (C) of this section.
(E) Permits shall be valid for a period of 1 year from the date of issue and, upon application, may be renewed by the Superintendent on an annual basis.
(F) Any person granted a permit or renewal seeking to alter the terms of the permit shall provide an amended application prior to making alterations.
(G) All permit applications, amendment applications, and renewal applications shall be accompanied by a check or money order made out to the Town of Watertown in the amount of the fee specified from time to time by the Town Manager for the permit, amendment application, or permit renewal.
(H) The Town Manager is authorized to establish reasonable fees for original permit applications, annual renewal applications, amendment applications, compliance stickers, and reinspection fees provided that such fees do not exceed the actual cost of administering this chapter.
(I) Within 14 days after receipt of an application for a permit or renewal of a permit under this chapter, the Superintendent shall either issue or renew the permit or deny the application by giving written notice and a statement of reasons to the applicant. A denial shall be based upon the failure of the applicant to satisfy the requirements set forth in this chapter. Proposed locations shall be approved on a first-come, first-served basis by the Superintendent. No preference shall be given to applicants who might have had newsracks in a particular location prior to the effective date of this chapter.
(J) If the Superintendent has not acted on a permit application within 14 days of receipt thereof, pursuant to division (I) of this section, the permit will be deemed issued or renewed subject, however, to all other applicable provisions of this chapter.
(K) Within 30 days of issuing a permit, the Superintendent shall determine the compliance of the newsrack(s) with all provisions of this chapter. Based upon such determination, the Superintendent shall issue or decline to issue a compliance sticker for each newsrack. Compliance stickers shall be issued annually for each approved newsrack, which shall forthwith be affixed by the Superintendent to each newsrack.
(L) If the Superintendent denies an application, in whole or in part, or denies a compliance sticker, the applicant may appeal the Superintendent's decision to the Town Manager by giving written notice to the Manager within ten days after receipt of notice of the Superintendent's decision.
(M) The Town Manager or designee shall hold a public hearing on the appeal no later than 30 days after receipt of said notice by the Manager and shall, within 14 days after a public hearing, issue an order affirming, reversing or modifying the Superintendent's decision. If an order has not been issued by the Town Manager within 14 days after hearing, the Superintendent's decision shall be deemed affirmed.
(N) During the pendency of an appeal, the newsrack(s) may remain in place subject to the removal provisions of § 94.05.
(O) To be in compliance with this chapter, a newsrack must have an approved permit and a compliance sticker affixed to it.
(Ord. 71, passed 10-27-1998; Am. Ord. 73, passed 10-9-2001) Penalty, see § 94.99