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Any shared structure and/or newsrack in the Central Business District which rests, in whole or in part, upon or within public property or a public right-of-way, or which projects onto, into or over public property or a public right-of-way shall comply with the standards set forth in this section.

A. In order to minimize aesthetic impact and increase safety in the distribution of publications, shared structures and newsracks shall face away from the street whenever possible.

B. No advertising signs or material shall be displayed on the exterior of a shared structure and/or newsrack; except that, such advertising signs or material may be displayed on the front of a shared structure and/or newsrack; and except that, not more than one publication name for every newsrack and/or every newsrack contained in a shared structure may be placed on the back of the newsrack or shared structure within two inches from the top of the newsrack or structure. Such publication names displayed on the back of newsracks or shared structures shall be in standard two-inch size letters and font as specified under the permit.

C. Each coin-operated newsrack shall be equipped with a coin-return mechanism, which shall be maintained by the distributor in good working order.

D. A notice shall be affixed to each newsrack providing the name and address of the distributor, including a current telephone number for reporting a malfunction and for obtaining a refund in the event of a malfunction of a coin-return mechanism.

E. Each newsrack shall be maintained by the distributor in a neat and clean condition and in good repair at all times. For example, without limitation, the newsrack shall be reasonably free of dirt and grease; be reasonably free of chipped, faded, peeling or cracked paint; be reasonably tree or rust and corrosion; have no broken or cracked plastic or glass parts; and have no broken structural parts. Shared structures shall also be maintained in the same manner.

F. Upon the removal of any shared structure, the public right-of-way shall be returned to its original condition at the expense of the distributor, including, but not limited to, the repair of any damage that may have been caused by the installation or use of the newsrack.

G. In order to test the market demand for a specific location, a distributor may request in writing that the city manager or his/her designee approve the installation of a temporary shared structure which does not meet the design criteria in a location not currently permitted on the CBD Map. However, the placement criteria must be met and the distributor must secure a permit. The temporary placement shall not exceed sixty days. Upon completion of such sixty day period, the city manager or his/her designee may approve the location of the shared structure and, if such approval is granted, shall amend the CBD Map to show that such location is approved. Upon such approval, the distributor shall be permitted to place a shared structure, in conformity with the design criteria contained in this chapter, at such approved location.

H. Distributors co-owning a shared structure are jointly and severably liable for compliance with the terms and conditions of this chapter applicable to such newsrack.

(Ord. 2197 NCS §1 (part), 2004.)