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A. In determining whether to issue the permit, the city manager shall consider the following:

1. the extent to which the sidewalk bench, transit shelter, newsrack or other facility may impair clearance vision of motorists at or near intersections;

2. any hazard to pedestrian and vehicular traffic created by placement of the sidewalk bench, transit shelter, newsrack or other similar facility;

3. possibility of congestion at or near the proposed location of the sidewalk bench, transit shelter, newsrack or other similar facility;

4. the extent to which the sidewalk bench, transit shelter, newsrack or other similar facility will interfere with pedestrian traffic access to parked vehicles, the use of driveways, or the use of other facilities such as telephones, fire hydrants and the like.

B. No permit shall be issued for any newsrack which fails to comply with the following conditions:

1. no newsrack shall exceed four feet in height, 30 inches in width or two feet in thickness;

2. each newsrack shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the publication paid for. The coin return mechanisms shall be maintained in good working order.

3. each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism, or to give the notices provided for in this section.

4. newsracks shall be designed to be stable under a wind load of at least twenty pounds per square foot without attachment to the pavement or any other object. [BC 9.01.310, amended by Ordinance No. 3373, 6/5/84; amended by Ordinances No. 3520, 6/16/86, Ordinance No. 4794, 12/1/20]