COM 0536.002 2010-2012 - Laserfiche WebLink

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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. (a) 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. (b) The director may issue an exclusive, district-wide publication dispensing rack permit pursuant to section 22-3.50b), which shall be valid until revoked, if all of the following criteria are met: (1) 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. (2) 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. (3) The director has approved the rules submitted by the district association pursuant to section 35-71, including all proposed fee amounts. (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 agreed in writing to comply with all provisions of chapter 35 of this Code. (c) A permit granted pursuant to this chapter may be revoked by the director if the location and condition of the dispenser or dispensing rack of the permit recipient falls out of compliance with the criteria set forth above or, for district association permit recipients, the operations of the association fall out of compliance with any criteria or conditions set forth in chapter 35. (d) Following issuance of an exclusive, district-wide publication dispensing rack permit to a district association, no further permits shall be granted for individual dispensers in such 4