A. Applications for a permit for a privately owned newspaper dispensing device shall be made on forms approved by the village for permits allowing for the installation and placement of newspaper dispensing devices at specified locations within the public right of way, along the streets, thoroughfares, parkways, sidewalks or on any other village property within the village. The applications shall be provided by the village building and development department upon request. The application must include a site plan and state the exact location where the applicant wishes to install a newspaper dispensing device. The application must also include a description of and the size and color specifications for the intended newspaper dispensing device. Misrepresentation of information, false statements or any other fraudulent information supplied on or with the application shall be grounds for revocation of a permit in compliance with this chapter.
B. Within five (5) business days of receipt of a completed application for a permit and payment of applicable fee, the village shall issue a permit, provided that the applicant meets conditions contained in subsection H of this section. In the event that the terms and conditions of subsection H of this section, where applicable, are not met, the village shall, within five (5) business days of receipt of an application for a permit, deny the application, state the reasons in writing for such denial and notify the applicant, in writing, by certified mail, return receipt requested, of the reasons for the denial. Any such denial may be appealed pursuant to the procedure set forth in this chapter.
C. The applicant shall pay an annual administrative processing fee of twenty five dollars ($25.00) for each location where a newspaper dispensing device is installed. Newspaper dispensing devices established or located after July 1 of the year shall pay fifteen dollars ($15.00) for each location where a newspaper dispensing device is installed. All fees shall be payable to the village of Western Springs and collected by the village building and development department.
D. Permits shall be for a term of one year and shall not be assignable. Permits shall expire on December 31 of each year. Applications for renewal of permits shall be filed with the village no later than December 15 of each year. Fees paid between December 15 and January 15 shall include a late fee of fifty dollars ($50.00). In the event the renewal fees are not paid by January 15, the location where the device is placed shall be considered forfeited. If the permittee desires to retain the location for placement of a device by payment of the required permit fees, said fees shall include an additional late fee of sixty dollars ($60.00) if paid on or after January 16 of the permit year. All fees shall be payable to the village of Western Springs and collected by the village building and development department.
E. A permit shall allow the installation of a newspaper dispensing device only at the location described in the application for the permit. The permit shall contain a description of the authorized location and permits shall not be transferable from one location to another or from one person to another.
F. As an express condition of the acceptance of a permit hereunder, the permittee agrees to indemnify and hold harmless the village, its officers, appointed and elected officials, president and trustees, agents, employees, attorneys and volunteers against any loss or liability or damage, including expenses and costs for bodily or personal injury and for property damage sustained by any person as the result of the location, installation, use or maintenance of a newspaper dispensing device within the village.
G. Each coin operated newspaper dispensing device shall be equipped with a coin return mechanism to permit a person using the machine an immediate refund in the event he is unable to receive the publication paid for. The coin return mechanisms shall be maintained in good working order.
H. A permit issued for a privately owned newspaper dispensing device shall be a mere license to use the public property subject to and granted upon the following conditions, restrictions and requirements, and shall not be considered a property interest in the public property:
1. Privately owned newspaper dispensing devices shall not be placed at the "Western Springs train station" as defined in section 8-4-2 of this chapter.
2. Privately owned newspaper dispensing devices shall be placed adjacent and parallel to building walls not more than six inches (6") distant therefrom, or near and parallel to the curb not less than eighteen inches (18") and not more than twenty four inches (24") distant from the curb.
3. No privately owned newspaper dispensing device shall be placed, installed, located or maintained:
a. Within three feet (3') of any marked crosswalk.
b. Within twelve feet (12') of the curb return of any unmarked crosswalk.
c. Within five feet (5') of any fire hydrant, fire call box, police call box or other emergency facility.
d. Within five feet (5') of any driveway.
e. Within three feet (3') ahead or fifteen feet (15') to the rear of any sign marking a designated bus stop.
f. Within three feet (3') of the outer end of any bus or train bench.
g. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (6').
h. Within three feet (3') of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
i. Within one hundred fifty feet (150') of any other newsrack on the same side of the street in the same block containing the same issue or edition of the same publication.
j. Within fifteen feet (15') of any intersecting driveway, alley or street.
k. Within five feet (5') of any street sign, stoplight, parking meter, streetlight, utility pole, or display window.
l. So as to be chained, bolted, or otherwise secured, to any fixture located in the public right of way, except to other newsracks or unless so authorized for reasons of safety by the village manager.
m. On or within any median within any public right of way.
n. Newspaper dispensing devices may be placed next to each other; provided, that no group of newspaper dispensing devices shall extend for a distance of more than eight feet (8') along a curb, and a space of not less than three feet (3') shall separate each group of newspaper dispensing devices.
4. No publication may be displayed, offered for sale, or offered free to the public on any public right of way by means of a newspaper dispensing device in such manner as to expose to the public view any photograph, drawing or depiction of any kind contained within such publication displaying any of the following:
a. The genitals, pubic hair, buttocks, natal cleft perineum, anal region or pubic hair region on any person;
b. Any portion of the breast, at or below the areola, of any female person.
5. The permittee shall maintain the newspaper dispensing device in good working order, in a safe and clean condition, in such a manner 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 painted 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 publications 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;
f. The structural parts thereof are not broken or unduly misshapen and the device is level on the ground and not leaning or placed on uneven portions of ground.
6. A legible telephone number shall be displayed on the newspaper dispensing device for a user to call to obtain a refund in case of malfunction of the newspaper dispensing device.
7. Newspaper dispensing devices may have the name of the newspaper or the applicable publication displayed on the side, front and back of the device provided that the lettering is no larger than two inches (2") in height.
8. The newspaper dispensing device shall not be used for advertising signs or publicity purposes other than the purposes dealing with the display, sale or distribution of the newspaper sold or distributed free therein.
9. Upon removal of the newspaper dispensing device, the permittee shall restore the property of the village to the same condition as when the newspaper dispensing device was initially installed, ordinary wear and tear excepted. If those repairs are not made within thirty (30) days, the village shall undertake that repair work and collect from the owner or permittee the costs thereof, including reasonable attorney fees and related costs of collection. (Ord. 05-2341, 3-21-2005, eff. 6-1-2005)