Title 8 BUSINESS
Chapter 8.08 NEWSPAPERS
Article 1. Boxes and Posts
8.08.010 Boxes and posts for vending newspapers--Permit--Approval.
8.08.020 Condition precedent for granting permit.
8.08.030 Assumption of liability.
8.08.040 Location for posts--Vending box.
8.08.050 Maintenance and marking--Requirements.
8.08.060 Discontinuance of use--Requirements.
8.08.070 Permit revocation by non-use.
8.08.080 Permit revocation by Mayor and Council--Removal of posts and boxes.
Article 2. Press and Fire Passes
8.08.090 Passes--Issuance--Term--Transferability.
8.08.100 Revocation of passes--Signed agreement.
8.08.110 Violations.
Article 1. Boxes and Posts
8.08.010 Boxes and posts for vending newspapers--Permit--Approval.
Upon approval by the Mayor and Council, as to type, color and design of
the boxes and posts referred to in this article, and by the Chief Police Officer
as to locations thereof, permits shall be issued by the Clerk, to any person
engaged in the business of publishing and distributing a local daily newspaper.
The posts shall be for the placing and maintaining on public space of boxes for
vending the daily newspapers only: the newspaper vending boxes shall be attached
to permanent posts or, upon approval by the Director of Public Works, to trash
boxes. (Prior code § 4-2)
8.08.020 Condition precedent for granting permit.
It shall be a condition precedent to the issuance of any permit under this
chapter that the person applying for the permit shall agree to the conditions
set forth in this chapter. (Prior code § 4-3)
8.08.030 Assumption of liability.
A permittee shall assume all liability arising out of an injury to any
person or damage to property occurring either directly or indirectly as a result
of the occupation of public space by any boxes or posts erected under the
permit. (Prior code § 4-4)
8.08.040 Location for posts--Vending box.
A. Only one post shall be erected at or immediately contiguous to any one
of the street corners at street intersections.
B. Where a permit is issued
to one person for the erection of a post at a designated street corner, the
Mayor and Council may grant the person permission to place a news vending box at
the same corner and permit it to be attached to the post. (Prior code §
4-5)
8.08.050 Maintenance and marking--Requirements.
A. All posts, boxes and other holders authorized by this chapter shall be
kept neatly painted and in good repair at all times. The lettering thereon shall
be clear and distinct.
B. No sign, advertisement or lettering of any
character other than the name of the paper, its price and a brief direction for
the depositing of coins shall be placed on any box or post authorized under this
chapter.
C. A violation of this section is a Class C offense. (Prior code
§ 4-6)
8.08.060 Discontinuance of use--Requirements.
In case of discontinuance of the use of any box, post or other holder, the
permittee shall notify the Clerk of the fact of the discontinuance. This notice
to the Clerk shall operate as a cancellation of the permit. The permittee shall
thereupon remove the box, post or other holder and restore the public space to
its former condition. A violation of this section is a Class C offense. (Prior
code § 4-7)
8.08.070 Permit revocation by non-use.
Non-use for a period of one week of any box, post or any other holder for
which a permit has been issued, shall be cause for revocation of the permit.
(Prior code § 4-8)
8.08.080 Permit revocation by Mayor and Council--Removal of posts and boxes.
All permits shall be accepted with the understanding that they can be
revoked at will by the Mayor and Council. Each permittee shall agree, upon the
revocation of the permit, to remove any box, post or other holder within 5 days
after receipt of notice from the Mayor and Council of the revocation, and
restore the public space to its former condition. (Prior code §
4-9)
Article 2. Press and Fire Passes
8.08.090 Passes--Issuance--Term--Transferability.
A. The Chief Police Officer is authorized and directed to issue to bona
fide representatives of the press and bona fide fire insurance adjusters or
underwriters, and to other persons, in a number and form as may be approved by
the Mayor and Council, a “press pass” or “fire pass,”
which shall be signed by the Chief Police Officer. In the case of fire insurance
adjusters or fire underwriters, fire passes shall be issued only on the
recommendation of the Fire Marshal of the Fire Department. Press passes shall be
issued to these persons as recommended by the Chief Police
Officer.
B. Passes issued under the provisions of this chapter shall be good
only for 6 months, to expire on June 30th and December
31st of each year, but may be renewed on condition that the pass
issued for the preceding 6 months is surrendered with the request for
renewal.
C. Passes issued to individuals shall not be
transferable.
D. The pass shall be plainly exposed to view whenever the
person to whom it is issued avails him or herself of the privileges conferred by
the pass. (Prior code § 4-10)
8.08.100 Revocation of passes--Signed agreement.
A. The Mayor and Council reserve the right to suspend for a period or
indefinitely the privilege conferred by any passes or to revoke any pass upon
evidence that it has been used by a person to whom issued for the purpose of
imposing upon any public official or private individual or for any failure to
observe the conditions upon which it is issued.
B. Every person to whom a
press or fire pass is issued shall agree in writing to:
1. Assume all risks
incident to the use of the privileges conferred by the pass;
2. Promptly
comply with any reasonable direction of any member of the Police
Department;
3. So conduct him or herself as not to interfere with, hinder or
obstruct any authorized person engaged in preserving the peace, maintaining
order and protecting life and property. (Prior code § 4-11)
8.08.110 Violations.
Any person holding a press or fire pass who violates any of the provisions
of this article, or who duplicates or counterfeits the passes or uses a
duplicate or counterfeit pass for the purpose of obtaining or enabling others to
obtain privileges granted to authorized holders of a pass, or who withholds
delivery of the pass upon demand of the Chief Police Officer, shall be guilty of
a Class A offense. (Prior code § 4-12)
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