01-87 Reenact Section 901.181 - Laserfiche WebLink

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ORDINANCE NO. 1-87 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to reenact Section 901.181 of the Streets and Public Services Code of the Codified Ordinances of the City of Lakewood with the operation and effect of certain provisions therein held unconstitutional by the U.S. Sixth Circuit Court of Appeals suspended pending further appeals or exhaustion of time thereof as an interim measure to provide for the regulation of the installation of newspaper dispensing devices on the public property along the streets and thoroughfares within the City. WHEREAS, the United States District Court for the Northern District of Ohio, Eastern Division held Sections 901.18 and 901.181 as presently constituted to be constitutional, but the U.S. Sixth Circuit Court of Appeals in Plain Dealer Publishing Company vs. City of Lakewood, Case Nos. 84-3683 and 84-3722, has held by opinion date-~ July 10, 1986, (rehearing en banc denied, September 25, 1986), that certain provisions of Section 901.181 as adopted by Ordinance No. 109- 83 passed October 17, 1'983, and amended by Ordinance 2-84, passed January 3, 1984, were unconstitutional in part, but otherwise held that remaining provisions of such Section to be constitutional but inoperable, and WHEREAS, the aforesaid decision has been appealed by the City of Lakewood and this Council finds it necessary and appropriate to reenact Section 901.181 with certain provisions temporarily suspended or added and authorizing the Mayor to issue rental permits under said' Section pending exhaustion of any appeals by the City or its adversary, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public safety and welfare; now, therefore, OF OHIO: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE Section 1. That Section 901.181 of the Codified Ordinances of the City of Lakewood as adopted by Ordinance 109-83, passed October 17, 1983, and amended by Ordinance 2-84 passed January 3, 1984, be and the same is hereby reenacted and the Mayor is hereby authorized, empowered and directed to accept applications for placement of newspaper dispensing devices and issue rental permits to any applicant complying with all the provisions of said Section and as hereinafter provided for the placement of newsboxes on property of the City of Lakewood, except for the following provisions, the operation and effect of which is hereby temporarily suspended, to wit: (a) the provisions in the second paragraph of said Section 901.181 to the extent that it grants the Mayor any unbridled discretion to either grant or deny such licenses; (b) the provision of subparagraph 901.181(a), last sentence requiring that the design of such devices shall be subject to approval by the Architectural Board of Review; and (c) the provision of subparagraph 901.181(c) (5) requiring indemnification and liability insurance including the City as a named insured. Provided further, however, that the Mayor shall not issue any such rental permit for placement of a newspaper dispending device to be located in a handicap curb, ramp or any other place where placement would cause any nuisance or health or safety hazard and all permits issued shall specify and be subject to the following additional conditions: (a) only newspaper dispensing devices colored bronze brown, the same color as required for other city streetscape facilities, may be installed; (b) no permanent rights shall be secured upon the granting of such rental permit by the applicant; and,