§ 15-4. Application and issuance of newsrack ordinance.

(a)

Issuing authority. The issuing authority and coordinator shall be the city manager or his or her designee. The city manager or his or her designee shall oversee the various departments responsible for fairly coordinating and administering the physical placement of newsracks of the type and location herein specified, and upon compliance with the criteria set forth herein, the city manager or his or her designee shall be responsible for the issuance of the certificates of compliance.

(b)

Applications. The applicant shall file with the city manager or his or her designee, a written application for the installation of a newsrack(s) which shall contain the following information:

(1)

The name, address and telephone number of the applicant, who is the owner and/or principal in responsible charge of the newsrack(s).

(2)

The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsracks.

(3)

The applicant shall identify the location(s) and/or address(es) where the applicant's newsrack compartment(s) will be located. Such information should be in sufficient detail so as to allow the city to precisely locate the newsrack so as to ensure that the intended location of the newsrack containing those newsrack compartments, satisfies their criteria and safety standards set forth in this chapter.

(4)

Names of newspapers or periodicals to be distributed by the applicant at that location.

(c)

Issuance of certificate of compliance. Upon a finding by the city manager or his or her designee that the applicant is in compliance with the provisions of this chapter, a certificate of compliance shall be issued for installation by the newspaper distributor in accordance with the application and the provisions of this chapter. The certificate of compliance may contain and be subject to conditions relative to location and duration of time that the newsrack may be permitted.

(d)

Denial of certificate of compliance. If a certificate of compliance for a newsrack location(s) applied for shall be denied, the applicant will be notified of the specific cause of such denial. The notice of denial will suggest alternative location(s). The applicant may reapply for substitute alternative location(s) at no additional certificate of compliance fee. For purposes of this chapter, a denial shall be based upon a determination by the city manager or his or her designee, that the application has failed to comply with either the standards, criteria and/or requirements of this chapter.

(e)

Additional newsrack certificate(s) of compliance. If at any time after initial application for a certificate of compliance, a distributor wishes to install additional newsracks, then the above application paragraph is to be repeated in accordance with the provisions of this chapter. Additional certificate(s) of compliance fee(s) shall be in accordance with this chapter, except that the fifty dollars ($50.00) application fee is waived if previously paid.

(Ord. No. 98-122, § 2, 4-6-99)