(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NEWS RACK. Any mechanical device designed for the purpose of distributing to the public newspapers, periodicals, magazines, and other printed materials regularly published with not less than four issues per year.
VENDING MACHINE. Any self-service device offered for use which, upon insertion of a coin, coins, or token, or by other means, dispenses unit servings of food or beverage, either in bulk, can, bottle, carton or in package, without the necessity of replenishing the device between each vending operation.
(B) No person shall place, locate or maintain on any public sidewalk in the village, any news rack or vending machine without first filing with the Village Fiscal Officer a release which agrees to indemnify and save harmless the village, its officers, Council, and employees against any loss or liability or damage, including expenses and costs for bodily injury and for property damage sustained by any person as the result of the installation, use, or maintenance of a news rack or vending machine within the village.
(C) No person shall place, locate, or maintain on any public sidewalk in the village, any news rack or vending machine which does not meet the following standards.
(1) No news rack or vending machine shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the items sold therein.
(2) Each news rack or vending machine shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he or she is unable to receive the item paid for. The coin-return mechanism shall be maintained in good working order.
(3) Each news rack or vending machine shall have affixed to it in a readily visible place as to be seen by anyone using the news rack or vending machine a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction or to secure a refund in the event of a malfunction of the coin-return mechanism or to give the notices provided for in this section.
(4) Every news rack or vending machine shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each news rack or vending machine shall be serviced and maintained so that:
(a) It is reasonably free of dirt and grease;
(b) It is reasonably free of chipped, faded, peeling and cracked paint in the visible areas thereof;
(c) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;
(d) The clear plastic or glass parts thereof, if any, through which the items therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;
(e) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and
(f) The areas around it are neat, orderly, and free of loose trash and garbage.
(D) No person shall place, locate or maintain on any public sidewalk in the village, any news rack or vending machine that substantially obstructs pedestrian traffic and/or usage of the public sidewalk. While not the exclusive means of having a substantial obstruction, per tract of real estate, it shall be considered as prima facie evidence that a substantial obstruction exists if more than three news racks or more than three vending machines are placed, located, or maintained on the public sidewalk thereon.
(E) No owner of real estate in the Village of West Alexandria, Ohio, shall allow any person or tenant to violate divisions (B) through (D) of this section, and upon receipt of written notification from the West Alexandria Police Department that a violation exists, the owner of real estate shall see to it that the violation is brought into compliance within 24 hours.
(F) Any person claiming undue hardship due to the limitations imposed by the three news racks and three vending machines limit under division (D) of this section, may within 45 days of the passage of this section, apply in writing to Council for “grandfather” protection and Council shall hold a hearing within 30 days to determine whether or not and under what terms the protection will be given. If unsatisfied with Council’s determination, the aggrieved person may appeal the decision of Council to the Preble County Common Pleas Court within 30 days of Council’s determination.
(G) Licenses for news racks and vending machines shall not be required; however, any violation of divisions (B) through (E) of this section shall be a minor misdemeanor, punishable by a maximum $100 fine.
(Prior Code, § 660.15) (Ord. 636, passed 10-5-1998)