§ 24-133. Permit.

(a)

Permit required. No business or other person or entity shall erect, place, maintain or operate on any street or other public place any newsracks without a valid Newsrack Permit specifying the exact location of such newsracks.

(b)

Fee. There shall be no fee for a Newsrack Permit.

(c)

Application. Application for a Newsrack Permit shall be made on a form provided by and filed with the Village Manager and signed by the applicant. The application shall state the following information:

(1)

The name and address of the applicant.

(2)

The proposed specific locations of the newsracks.

(d)

Conditions for permit. As an express condition of the acceptance of a Newsrack Permit, the applicant agrees to indemnify and save harmless the village and its officers and employees against any loss or liability, including, but not limited to, loss or liability because of personal injury and property damage, sustained by any person as the result of the installation, use or maintenance of a newsrack within the village.

(e)

Installation and maintenance standards. A newsrack which in whole or in part rests upon any sidewalk or parkway shall comply with the following standards:

(1)

A newsrack shall not exceed four feet in height, 24 inches in width, and 20 inches in depth.

(2)

A newsrack shall not be used for advertising signs or publicity other than advertising for the newspaper or news periodical dispensed therefrom.

(3)

A coin-operated newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin-return mechanism shall be maintained in good working order.

(4)

A newsrack shall bear in a conspicuous place the name, address and telephone number of the distributor, enabling a telephone call to be made to the distributor to report a malfunction or to enable the giving of the notices provided for in this subsection. The newsrack shall also bear in a conspicuous place a news rack license decal which shall be issued by the village.

(5)

A newsrack shall be maintained in a neat and clean condition and in good repair. This requirement includes, but is not limited to, keeping the newsrack reasonably free of dirt, grease, rust, corrosion, and chipped, faded, peeling and cracked paint; and promptly repairing broken parts.

(6)

A newsrack shall not, either wholly or in part, project over or rest on a roadway.

(7)

A newsrack shall not, either wholly or in part, project over or rest on a parkway or sidewalk when such location endangers the safety of persons or property; or when such location is used for public utility, public transportation or other governmental purposes; or when such location unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic.

(8)

A newsrack shall not be chained, bolted, or otherwise attached to any fixture located in the street, except to other newsracks.

(9)

A newsrack shall not be placed next to other news racks if such placement would cause the group of news racks to extend for a distance of more than eight feet. A space of three feet shall separate each group of newsracks.

(10)

A newsrack shall not be placed within three feet of any marked crosswalk; within 12 feet of the curb return of any unmarked crosswalk; within five feet of any fire hydrant or other emergency facility; within five feet of any driveway; within three feet ahead of or 15 feet to the rear of any sign marking a designated bus stop; within three feet of the outer end of any bus bench; at any location which causes the clear space for the passageway of pedestrians to be reduced to less than five feet; within three feet of any public area improved with lawn, flowers, shrubs, trees, or other landscaping; or within 300 feet of any other news rack on the same side of the street in the same block containing the same issue or edition of the same publication; provided that the foregoing restrictions shall not apply if their effect would be to prevent the placement of a newsrack for a distance of 300 feet on the same side of the street in the same block.

(f)

Violation of standards. Upon determination by the Village Manager that a newsrack has been installed, used or maintained in violation of the standards of subsection (e) of this section, an order to correct the offending condition will be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to properly correct the offending condition within seven days (excluding Saturdays, Sundays, and legal holidays) after the mailing date of the order shall result in the offending news rack being summarily removed and processed as unclaimed property. If the offending newsrack is not properly identified as to owner under subsection (e)(4) of this section, it shall be removed immediately and processed as unclaimed property. The actions prescribed in this subsection shall be the only penalty for the violation of the standards, and the penalties provided in article VII of this chapter shall not apply.

(g)

Appeals. Any person or entity aggrieved by a finding, determination, notice or action taken under subsection (f) of this section may appeal to the President and Board of Trustees. An appeal must be filed within seven days after receipt of notice of any protested decision or action by filing with the Village Clerk a letter of appeal briefly stating the basis for such appeal. A hearing shall be held within 15 days after receipt of the letter of appeal. The aggrieved party shall be given at least seven days' notice of the time and place of the hearing. The President and Board of Trustees shall give the aggrieved party, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the Village Manager should not be upheld. In all such cases, the burden of proof shall be upon the Village Manager to show that the finding, determination, notice or action is supported by a preponderance of the evidence. At the conclusion of the hearing, the President and Board of Trustees shall make a final determination.

(h)

Revocation of permit. In addition to the enforcement procedures provided in subsection (f) of this section, it shall be within the power and discretion of the Village Manager to suspend or revoke a permit if the distributor is found to have violated the standards set forth in subsection (f) of this section on at least three separate occasions during a 12-month period.

(i)

Abandonment. If a newsrack remains empty for a period of 30 continuous days, it may be deemed abandoned, and may be treated in the manner provided in subsection (f) of this section for newsracks in violation of the standards set forth in subsection (e) of this section.

(Code 1993, § 5-3; Ord. No. 94-0-5, 3-13-1994)