109-83 New sect 901.181 - Streets - newspaper boxes

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(al The term "newspaper dispensing device", as used in this Section, shall mean a mechanical, coin operated metal container not more than fifty (50) inches in height and not more than twenty-five (25) inches in length and width. The design of such devices shall be subject to approval by the Architectural Board of Review. (b) Newspaper dispensing devices shall not be placed in the residential use districts of the City and shall otherwise be placed adjacent and parallel to building walls not more than six (6) inches distant therefrom or near and parallel to the curb not less than eighteen (18) inches and not more than twenty-four (24) inches distant from the curb at such locations applied for and determined by the Mayor not to cause an undue health or safety hazard, interfere with the right of the public to the proper use of the streets and thoroughfares, or cause a nuisance as proscribed by Ohio Revised Code, Section 723.01. Provided further, however, that no newspaper dispensing device shall be placed, installed, used or maintained: (1) so as to reduce the clear, continuous sidewalk width to less then eight (8) feet~ (2) within five (5) feet of any fire hydrant or other emergency facility; (3) within five (5) feet of any intersecting drive- way, alley, or street; (4) within three (3) feet of any marked crosswalk; (5) at any location where the clear space for the passageway of pedestrians is reduced to less than six (6) feet; and (6) within two hundred and fifty (250) feet of another newspaper dispensing device containing the same newspaper or news periodical. -- (7) at any location where three (3) newspaper dispensing devices are already located. (c) The rental permit shall be granted upon the following conditions: (1) the permittee shall pay a rental fee which shall be the fair market rental value for the property used as determined by the Mayor, but not less than Ten Dol- lars ($10.00) per year or part thereof, for each loca- tion where a newspaper dispensing device is installed; (2) the permittee, upon the removal of a newspaper dispensing device, shall restore the property of the City to the same condition as when the device was intitially installed, ordinary wear and tear excepted; (3) the permittee shall maintain the device in good working order and in a safe and clean condition and keep the immediate area surrounding such device free from litter and debris; (4) the permittee shall not use a newspaper dispens- ing device for advertising signs or publicity purposes other than that dealing with the display, sale, or pur- chase of the newspaper sold therein;