§ 138-46. Permit.

(a)

It shall be unlawful for any person to place, locate, operate or maintain any publication vending device in or on any part of the public sidewalk without first obtaining a permit from the commissioner of public works.

(b)

No fee shall be required for the issuance of a publication vending device permit.

(c)

Applications for all permits for the placement and maintenance of publication vending devices must contain the following:

(1)

The applicant's name and address at which any notices required by this article shall be deemed received when placed on an envelope and deposited in the United States mail with adequate postage affixed.

(2)

The telephone number of the applicant at which notice of any repairs deemed necessary to permitted publication vending devices are appropriately received.

(3)

The total number of and exact location of each publication vending device to be permitted.

(4)

An agreement of indemnification, as required by this article.

(5)

A certification that the applicant has reviewed, understands, and will comply with all requirements of this article.

(6)

An agreement by the applicant promptly to inform the director in writing of any changes in the applicant's name, address or telephone number, and that failure to do so shall constitute grounds for revocation of the permit.

(d)

Applications for all permits for the placement and maintenance of publication vending devices shall be reviewed, and if in compliance with all requirements of this article, shall be approved by the commissioner of public works within 30 days of receipt of such applications. Only one permit shall be required for the placement of any number of publication vending devices, provided that the application clearly states the location of each.

(e)

If at any time the commissioner of public works determines to deny an application for a permit, or determines that a publication vending device for which a permit has been issued does not comply with any requirement of this article, the commissioner shall issue a written notice of intent to deny, or intent to revoke, the applicable permit to the applicant or permittee. The notice shall state specifically the reason for the denial or revocation of the permit, and shall offer the applicant or permittee an opportunity for a hearing before the commissioner of public works or his or her designee, on such denial or revocation not less than ten days following the issuance of such notice. The applicant or permittee may file a written response to the notice prior to such hearing setting forth the reason the permit should issue or should not be revoked. In the alternative, the applicant or permittee shall submit sufficient evidence that any application deficiency or violation has been corrected. If the commissioner of public works or his or her designee determines, following a hearing, that the denial was proper, or that the violation as charged is true and accurate, and that the applicant or permittee has not caused the application or violation to be corrected, or if the applicant or permittee fails to appear at the hearing and can present no justifiable excuse for the nonappearance, a final notice of denial or revocation shall issue. If sufficient evidence is submitted that the applicant or permittee is in compliance with the requirements of this article, the commissioner shall issue the requested permit, or withdraw the notice of violation.

(f)

Nothing in this section will prohibit the owner or lessee of property abutting a city sidewalk upon which is placed publication vending devices that have not been permitted by the city from, after due diligence and inquiry to the city to determine that a permit has not been issued, removing any such illegal publication vending devices. The decision to remove any publication vending device by such an abutting property owner or lessee is at its own risk and the city will incur no liability to the abutting property owner or lessee or the owner or lessee of the publication vending device removed.

(Code 1977, § 14-11010; Ord. No. 1996-07, § 3, 3-3-96; Ord. No. 1996-47, § 1, 7-8-96; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2002-73, § 1, 10-15-02)

Editor's note

Section 2 of Ord. No. 2002-73 states that the city further imposes a moratorium on any further permitting or placement of publication vending devices on any city sidewalk for a period of 180 days, to commence on the date this section is approved by the city's mayor. [October 15, 2002]