16.40.060 Annual permit required for new newsracks and existing newsracks after one year--Application process--Approval/denial--Grounds--Timing--Preference for existing newsracks in existing locations--Temporary newsracks.
A. Permit Required. No person may install, place or maintain a newsrack on any public property or public right-of-way after the effective date of the ordinance codified in this chapter without first obtaining a permit therefor from the City as provided in this section. Permits required by Section 16.40.040B for existing newsracks shall also be governed by this section. All permits required by this section shall be effective for one calendar year, and shall be renewed annually, no later than February 28 of each year. Permits shall not be assignable.
B. Application Form. An application for installation and maintenance of a newsrack shall be made in writing on a form provided by the City, and shall be filed with the City. The application form shall inform the applicant of the requirements of this chapter, and shall require at least the following information from the applicant:
1. The name, address and telephone number of the owner of the newsrack and the name and address of an agent for notice, who shall be the owner or another person to whom notice under any provision of this chapter may be given. No such address may be a post office box;
2. The precise location in which the newsrack is to be installed and maintained, as well as the location of other newsracks within a twenty-foot radius. The location shall be depicted in a manner which is sufficient to demonstrate compliance with this chapter, such as a site plan drawn to scale, or by indicating the location of the proposed newsrack on a map maintained for that purpose by the City;
3. The design of the newsrack, depicted in a manner which is sufficient to demonstrate compliance with this chapter; and
4. The proposed method, if any, by which the newsrack will be installed, and specifically, whether or not it will be bolted to the sidewalk.
C. Grounds for Approval/Denial--Time for Action. A permit which proposes installation and maintenance of a newsrack or newsracks in conformance with this chapter shall be approved. A permit which proposes installation and maintenance of a newsrack or newsracks not in conformance with this chapter, shall be denied. The City shall either approve or deny a complete permit application under this chapter within thirty days of its receipt. Upon approval, the City shall issue a registration sticker which the owner shall forthwith affix to the front of the door of, or the unobstructed top face of, the newsrack which is the subject of the permit. If a permit is denied, the City shall, within ten days, mail a notice of said denial to the owner, which identifies the grounds for denial.
D. Preference for Existing Newsracks in Existing Locations. The City shall not approve a permit application under this chapter which would result in the displacement of a permitted newsrack owned by an owner other than the applicant. Prior to the expiration of one year after the effective date of the ordinance codified in this chapter, the City shall not approve a permit application under this chapter which would result in the displacement of any newsrack owned by an owner other than the applicant. The City may establish waiting lists for permitted spaces which are already occupied.
E. No Fee for Temporary Permits for Newsracks. Upon request, the City shall issue a temporary permit effective for a period not to exceed forty-five days, for a newsrack which is in conformance with the requirements of this chapter. Upon the expiration of the permit the owner shall either remove the newsrack or obtain an annual permit under Section 16.40.060A, or the City may summarily remove such newsracks. No fee may be charged for temporary permits. (Ord. 6326-NS § 1 (part), 1996)