§ 9-59. Designated locations/permitting.

(a)

It shall be unlawful for any Person to erect, place, maintain or operate on any public Street, Sidewalk or Parkway any Newsrack except at the following designated nine locations adjacent to Miami-Dade County bus stops within the Village:

(1)

Collins Avenue northbound, four locations, State Road A-1-A right-of-way abutting:

a.

Lot 4, Ocean Front District of Bay Harbor.

b.

Lot 9, Ocean Front District of Bay Harbor.

c.

Lot 13, Ocean Front District of Bay Harbor.

d.

Lot 15, Ocean Front District of Bay Harbor.

(2)

Collins Avenue southbound, three locations, State Road A-1-A right-of-way abutting:

a.

That portion of land designated as "Park" lying between Harbour Way, westbound, and Harbour Way, eastbound, Residential District of Bal Harbour.

b.

Lot 7, Block 7, Residential District of Bal Harbour.

c.

Area No. 5, Business District of Bal Harbour, within 25 feet in either direction of the Metropolitan Dade County bus stop sign.

(3)

96th Street westbound, one location, Road 922 right-of-way abutting:

a.

Area No. 5, Business District of Bal Harbour.

(b)

It shall be unlawful for any person, firm, or corporation to erect, place, maintain, or operate, at any of the designated locations described in section 9-59(a) of this Code, any Newsrack without first having obtained a permit from the Village Manager specifying the exact location of such Newsrack. One permit may be issued to include a number of Newsracks, and shall be signed by the applicant. The following permitting criteria shall apply:

(1)

Application for such permit shall be made, in writing, to the Village Manager upon such form as shall be provided by him, and shall contain the name, address, and phone number of the applicant, the proposed specific location of said Newsrack, and shall be signed by the applicant.

(2)

Permits shall be issued within five days (excluding Saturdays, Sundays, and legal holidays) after the complete application has been filed. A one-time permit fee of $25.00 shall be required for each newspaper publisher plus $10.00 per Newsrack. The above fees will be used to defray administrative expenses in relation to this Ordinance.

(3)

Every owner of a Newsrack who places or maintains a Newsrack on a public sidewalk or parkway in the Village of Bal Harbour shall file a written statement with the Village Manager in a form satisfactory to the Village Attorney, whereby such owner agrees to indemnify and hold harmless the Village, 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 Village.

(4)

The Village Manager shall be guided by the following criteria of priorities in issuing permits whenever more that four Newsracks are proposed for any one location:

a.

First priority shall be daily publications (published five or more days per week).

b.

Second priority shall be publications published two to four days per week.

c.

Third priority shall be publications published one day per week.

d.

Fourth priority shall be publications published less than one day per week.

(Code 1974, § 15A-3; Ord. No. 449, § 1, 4-18-00)