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