Ordinance 2001-146 - Laserfiche WebLink

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(2) Second priority shall be given to publications published less frequently than five (5) times per week, with news and editorial content as a primary purpose of the publication. (3) Third priority shall be given to commercial racks. (4) Fourth priority shall be given to publications that have had difficulty obtaining a site within three (3) city blocks due to the unavailability of space. (5) Fifth priority shall be given to any second rack of a publication that already has a first rack within a group of six (6) subject to available space. Section 8. Revocation of Permits. In the event that the Director of Code Enforcement and Licensing or his designee determines that a publishing entity is not in compliance with this Ordinance, a letter or a written statement shall promptly be provided to the publishing entity specifying the reasons for non-compliance by the entity. The publishing entity shall have thirty (30) days to comply with this Ordinance. Failure to comply shall result in the revocation of the permit issued for the noncompliant newsrack. Section 9. Anneal. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this Ordinance may appeal to the City Commission by filing a written request to the City Manager. The City Manager or his designee shall place the appeal on the agenda of a City Commission meeting scheduled to take place within thirty (30) days from the date of filing the appeal. If the City Commission so determines, it shall direct that the publishing entity has complied with this Ordinance, or it may grant a waiver for good cause shown. Any publishing entity whose appeal to the City Commission has been unsuccessful shall be entitled to recourse in the Circuit Court of the Eleventh Circuit. Section 10. Administrative Fees. An annual fee of twenty-five ($25.00) per newsrack shall be paid for each newsrack to defray the cost of administering and enforcing the provisions hereof. No administrative fee is required at the time of filing a permit application. Section 11. Abandonment of Newsrack. In the event that a newsrack remains empty for a period of thirty (30) continuous days, the newsrack shall be deemed abandoned, and the City shall allocate the abandoned newsrack in accordance with provisions of this Ordinance. In the event that a publishing entity desires to voluntarily abandon a newsrack location, the publishing entity shall notify the City Manager in writing of the intent to abandon the location. Section 12. Indemnification of City. Every owner of a newsrack who places or maintains a newsrack on a public sidewalk or parkway in the City shall file a written statement with the City Manager in a form satisfactory to the City Attorney, whereby such owner agrees to indemnify and hold harmless the City and its officers and employees from any loss, liability or damage, including expenses and costs, for bodily or personal injury and for property damage sustained by any person as a result of the installation, use and/or maintenance of a newsrack within the City. This section shall only be applicable to the same extent required by the City for other public right-of-way permittees. 02001-146 Newsrack Ord 9