02-84 Amend sect 901.181 Streets - Newspaper dispensers

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ORDINANCE NO. 2-84 BY: Brown, Chinnock, Gallagher, Graham, McBride, Wendl lng AN EMERGENCY ORDINANCE to amend the first full paragraph of Section go1.181 of the Streets and Public Services Code of the Codified Ordinances of the City of Lakewood and paragraphs (a), (b)(1), (b)(5), (b)(6), (c)(1), and (c)(3) thereof relating to the regulation of the installation of newspaper dis- pensing devices on the public property along the streets and thoroughfares within the City. WHEREAS, on October 17, 1983, Council adopted Ordinance No. 109-83 which enacted 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, and WHEREAS, subsequent to the adoption of said Ordinance No. 109-83, the Administration has engaged in discussions with counsel for The Plain Dealer Pub- lishing Company regarding such ordinance and Case No. C83-63 pending in the United States District Court relating to same, and WHEREAS, upon due consideration and review of the objections posed by counsel for The Plain Dealer Publishing Company and the subject matter of such ordinance, the Administration recommends certain technical amendments to said ordinance, and WHEREAS, this ordinance 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 the first full paragraph of Section 901.181 of the Streets and Public Services Code of the Codified Ordinances of the City of Lake- wood, now reading as follows: 901.181 NEWSPAPER DISPENDING 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: shall be and the same is hereby amended to read as follows: gOl.181 NEWSPAPER DISPENSING DEVICES; PERMIT AND APPLICA- TION. Applications may be made to and on forms approved by the Mayor for rental permits allowing the installation of newspaper dispensing devices on public property along the streets and thoroughfares within the City respecting news- papers having general circulation throughout the City. The Mayor shall either deny the application, stating the reasons for such denial or grant said permit subject to the following terms: Section 2. That paragraph (a) of Section gO1.181 of the Streets and Public Services Code of the Codified Ordinances of the City of Lakewood, now reading as follows: