§ 464.90. Installation and maintenance.

(a) Newsracks shall not exceed sixty (60) inches in height, including the height of any coin box on top, thirty (30) inches in width, or twenty-four (24) inches in depth. Multilevel newsracks shall be of uniform depth and width.

(b)

No advertising signs or material, other than those advertising the name of the publication contained within the newsrack, shall be displayed on the outside of any newsrack.

(c)

Each newsrack which receives coins shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he or she is unable to receive the publication paid for. The coin-return mechanism shall be maintained in good working order.

(d)

Each newsrack shall have stenciled or otherwise permanently affixed to it in a readily visible place a notice setting forth the name and address of the owner of or the responsible person for the newsrack and the telephone number to call the owner or the responsible person or to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notice provided for in this chapter.

(e)

In order to verify compliance with the master list requirement in sections 464.30 and 464.40, each newsrack shall have stenciled or otherwise permanently affixed to it in a readily visible place a sticker or notice verifying that the newsrack has been listed on a master list previously submitted to the director, and stating the month, year, and corresponding number of the newsrack on that list.

The director may, however, substitute a reasonable alternative to the "corresponding number" requirement in the preceding paragraph, provided that any such alternative must assist the director in verifying compliance with the master list requirement.

(f)

Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained, or replaced if necessary, so that:

(1)

It is reasonably free of dirt and grease;

(2)

It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;

(3)

It is free of graffiti or other writing or pictures added without the permission of the owner;

(4)

It is reasonably free of rust and corrosion in the visible metal areas thereof;

(5)

The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;

(6)

The structural and solid parts thereof are not broken, do not contain holes (other than vent holes as part of the design of the newsrack), and are not unduly misshapen;

(7)

The dispensing portion of each box shall be fully enclosed and weatherproof so as to keep publications dry and free of snow and dirt;

(8)

All surfaces shall be of sturdy impact resistant materials; and

(9)

It shall contain no sharp corners or sharp protrusions.

(g)

Newsracks for free publications may omit the coin box and may have the pull bar attached to the door to produce an "honor rack." (2008-Or-104, § 1, 12-12-08)