Laserfiche WebLink
Director shall consider the requirements of Section 8 of this Ordinance <br /> together with the current congestion of the location and the congestion that <br /> will be created by a multiple-unit newsrack. Unless allowed as a condition of a <br /> permit issued under this Ordinance, the number of publication units in a <br /> multiple-unit configuration may not exceed the Director's determination. <br /> B. As long as the requirements of Section 8 of this Ordinance are not violated, <br /> the Director may defer enforcing the congestion control criteria of subsection <br /> A of this Section at a given location until a complaint is made by a publisher, <br /> distributor, property owner, or member of the public. <br /> C. If a complaint of noncompliance with subsection A of this Section is made, or <br /> an application for a permit that does not comply with subsection A of this <br /> Section is submitted, the Director shall determine whether the totality of <br /> newsracks presents a conflict with the requirements of this Ordinance. If no <br /> such conflict is evident, or the Director has determined by using the <br /> guidelines in this Ordinance that the placement represents a reasonable <br /> accommodation furthering the overall public interest, the Director shall <br /> summarize such a finding in writing and issue a permit for such proposed or <br /> newsrack. <br /> D. In determining whether to issue or deny a permit for a proposed newsrack <br /> under this Section, the Director shall consider whether there is a satisfactory <br /> alternate location for such newsrack in the vicinity or whether no such location <br /> exists. When necessary, allocations of space for newsracks at particular <br /> locations as provided herein shall be made in a manner which: <br /> 1. Offers the public convenient access to all publications, whether of large or <br /> small circulation; <br /> 2. Provides all publishers a reasonable representation of their newsracks in <br /> public right-of-ways; <br /> 3. Provides opportunity for placement of newsracks for new publications; <br /> 4. Encourages efficient use of space through attractive multiple-unit <br /> newsracks; and <br /> 5. Minimizes hardship to applicants denied permits. <br /> Section 10. Costs — Maintenance <br /> A. The costs of installation, replacement, removal, and relocation of newsracks <br /> shall be at the sole expense of the permit holder for a newsrack. Upon <br /> removal of any newsrack, the permit holder shall, at his or her sole expense, <br /> cause the public right-of-way to be cleaned and repaired to a condition in <br /> conformity to the surrounding area. Upon failure of the permit holder to clean <br /> and/or make such repairs, the work may be done by the City and charged to <br /> the permit holder. <br /> B. All newsracks shall be maintained at all times in good repair and in a safe <br /> condition. Maintenance costs will be the sole responsibility of the permit <br /> holder and will include all costs to repair any damage, including, but not <br /> limited to, damage due to vandalism. Regardless of the generality of the <br /> foregoing, all newsracks shall be maintained and serviced so that: <br /> 6 <br />