Chapter 8.08


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)