109-83 New sect 901.181 - Streets - newspaper boxes

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ORDINANCE NO. 109-83 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to enact new Section gOl.181 of the Streets and Public Services Code of the Codified Ordinances of the City of Lakewood 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 has granted Summary Judge- ment holding Section gOl.18 of the Codified Ordinances of the City of Lakewood unconstitutional and void insofar as it prohibits The Plain Dealer from placing coin operated newspaper boxes on public property within the City, and WHEREAS, said United States District Court, in Case No. C83-63, has in turn held the matter of a permanent injunction to give the City an opportunity to enact reasonable regulations concerning the placement of news- paper dispensing devices on public property that do not interfere with first amendment rights, and WHEREAS, this Council finds that there has been no customary use established or authorized respecting the placement of any vending machines on the public streets or sidewalks of the City, that the City has the responsibil- ity pursuant to Ohio Revised Code, Section 723.01 to maintain its streets, sidewalks, and public ways open to the public and free of nuisance and is held civilly liable for failure of. such duty, that the City of Lakewood holds property for specific governmental purposes and for the use and enjo3~nent of the public and not for the free and exclusive use of any individual or entity and that lands owned by the City are held in a fiduciary capacity for the benefit of the citizens and taxpayers of the City, and WHEREAS, this Council has the discretion to authorize use of City pro- perty by individual firms to the exclusion of the public only for such considera- tion as is deemed fair, the same as any other owner of land, and has exercised this right and duty from time to time including the granting of cable television franchises for a consideration, and WHEREAS, the use of the streets, sidewalks and public places in the City is already regulated by numerous statutes of the State of Ohio and the ordi- nances of the City of Lakewood, and WHEREAS, this Council determines it to be in the public interest to provide for the regulation of the installation of newspaper dispensing devices on the public property along the streets and thoroughfares within the City, and WHEREAS, this ordinances constitutes an emergency measure providing for the immediate preservation of the public safety and welfare; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Chapter go1 of the Streets and Public Services Code of the Codified Ordinances of the City of Lakewood be and the same is hereby supplemented by enacting new Section gOl.181 to read as follows: 901.lB1 NEWSPAPER DISPENSING DEVICES; PERMIT AND APPLICA- TION. The Mayor, upon application on forms approved by the Mayor may permit the installation of newspaper dispensing devices on public property along the streets and thorough- fares within the City respecting newspapers having general circulation throughout the City by rental permit subject to the following terms: