BIL 171 Draft 01 2010-2012 - Laserfiche WebLink

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design, color and material of publication dispensing rack inserts that publication distributors may place within the publication dispensing racks. (4) The rules that the district association proposes to adopt pursuant to chapter 35, section 35 -71 of this Code, which shall contain a statement that any changes to such rules shall be subject to the approval of the director. An agreement and acknowledgement by the district association that it will be bound to comply, and will comply, with all provisions of chapter 35, article 8 of this Code." SECTION 4. Chapter 22, article 3, division 3, section 22 -3.6 of the Hawai'i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 22 -3.6. Publication dispenser permit; criteria for granting; revocation. The director may issue a publication dispenser permit pursuant to section 22- 3.5(a) for a period not to exceed one year if all of the following criteria are met: (1) The publication dispenser does not exceed four feet in height. (2) The publication dispenser does not occupy more than one -fifth of the width of the sidewalk and will leave a clear width of at least three feet. (3) Written statements of consent are received from every property owner and lessee directly fronting the proposed dispenser site. (4) The applicant has executed an agreement to indemnify, defend and hold harmless the County as provided above, to the satisfaction of the corporation counsel. (5) The applicant has submitted a certificate of insurance and proof of a public liability insurance policy as provided above, to the satisfaction of the finance director and the corporation counsel. (6) The publication dispenser will not impede or endanger the public's use, including persons with disabilities, of the sidewalk area or interfere with vehicular sight distance at any intersection or driveway. fill The director may issue an exclusive, district -wide publication dispensing rack permit pursuant to section 22- 3.5(b), which shall be valid until revoked, if all of the following criteria are met: a) The proposed locations of the publication dispenser racks will in every case leave a clear width on the sidewalk of at least three feet and will not otherwise impede use by the public, including persons with disabilities, of the sidewalk area or interfere with vehicular sight distance at any intersection or driveway. a) The director has approved the proposed design and maximum dimensions of the publication dispensing racks as well as the standards for the size, design, color and material of publication dispensing rack inserts. L3) The director has approved the rules submitted by the district association pursuant to section 35 -71, including all proposed fee amounts. a) The applicant has executed an agreement to indemnify, defend and hold harmless the County as provided above, to the satisfaction of the 4