§ 12.08.065. Maintenance standards.

Every person issued a permit for a newsrack under this chapter shall observe and comply with the following standards, and any person failing to observe these standards shall be liable for civil penalties set forth in Section 12.08.150 of this chapter for each day of violation after an administrative citation is given pursuant to Chapter 1.26:

A.

Each newsrack shall be maintained and serviced so that it is reasonably free of:

1.

General dirt and grease;

2.

Chipped, faded, peeling, and cracked paint, or on all visible painted areas;

3.

Rust and corrosion on all visible unpainted metal areas;

4.

Cracks, dents, blemishes, and discoloration in the clear plastic and glass parts, if any, through which publications are viewed;

5.

Tears, peeling, or fading in the paper or cardboard parts and inserts; and

6.

Broken and misshapen structural parts.

B.

Each newsrack, including any coin-return mechanism, shall be mechanically operable.

C.

Newsracks shall contain current editions of the publication for which the permit was issued and new editions placed in the newsrack at no less than the frequency for which any priority was given for a permit in that location.

D.

No newsrack shall be used for advertising signs or publicity purposes other than that directly related to the display, sale or purchase of the publication sold therein.

E.

No newsrack shall remain empty for a period of fifteen (15) consecutive days or longer.

F.

No newsrack may contain a publication other than the one for which the permit was issued. The primary applicant for a shared permit may add or remove publications from a shared permit or permit renewal by making application to the director and providing the information set forth in Section 12.08.050(B).

G.

Each newsrack will have the name, address and telephone number of the person who owns the newsrack affixed thereto in a place where it may be seen by anyone viewing the newsrack.

H.

When use of a newsrack is permanently discontinued, it shall be removed and the location restored to its previous condition, including, but not limited to, repair of any portion of the sidewalk or parkway damaged by the newsrack or its removal and according to specifications provided by the director.

I.

Except as set forth herein, permits shall not be sold or transferred other than as a part of the sale of all of the assets of the permitted and any other attempted sale or transfer shall void the permit.

(Ord. 6869 § 2 (part), 2001)