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Ordinance 1052Ordinances Alameda City Ordinanc.e No. 1052 New Series AMENDING ARTICLE 7, CHAPTER 1, TITLE V, OF THE ALAMEDA MUNICIPAL CODE BY ADDING THERETO NEW SECTIONS TO BE NUMBERED 5- 171.1, 5- 171.2, 5 -171,3 AND 5 -171,4 RELATING TO THE USE OF SIDEWALKS FOR THE SALE OF ]MERCHANDISE. BE IT ORDAINED BY THE COUN- CIL. OF THE CITY OF ALAMEDA as follows: Section 1. The Alameda Municipal Code is hereby amended by adding to Article 7, Chapter 1, Title V, new sections numbered 5- 171.1, 5-- 171.2, 5 -171.3 and 5- 171.4, which shall read as follows: Sec. 5 -171.1. Newspaper and Period- ical Vending Stands — Issuance of Per - mits. As an additional exception to the provisions of Section 5 -171, the City Council may issue permits for the establishment of newspaper and peri- odical vending stands upon the side- walks of the City of Alameda. Such stands shall be established at loca- tions designated by the City Council and shall be at the curb or building line. In the issuance of such permits and in prescribing the location of such stands the City Council shall have due regard for the convenience and ne- cessities of pedestrians as well as the owners, occupants and tenants of of- fices, stores or shops in the vicinity. Any newspaper and periodical vend- ing stands as described herein and now in operation in the city of Alameda are hereby authorized and permitted to continue in operation without the necessity of filing the application here- inafter provided for or the obtaining of a permit for such operation, provided however, that such future operations shall be subject to suet rules and regu- lations as may be adopted for the operation of such stands and to the provisions of Section 5- 171.4, excepting subdivision (a) thereof. Section 5- 171.2. Application for Per - mit. Application for a permit to oper- ate a newspaper and periodical vend- ing stand upon the sidewalks of the City of Alameda shall be made by the applicant therefor in writing and pre- sented to the City Council. As a preen requisite to the granting of said per- mit the City Council shall require that the applicant therefor shall be a per- son of good moral character: that he shall be a citizen of the United States, and that he shall have been a resident of the City of Alaineda for a period of not less than five (5) years imme- diately preceding the filing of the application. Section 5- 171.3. investigation and In- spection. The City Manager shall make such investigation of the applicant and inspection of the requested location of such stand as the city Council may require or as may be necessary to the issuance of permits hereunder, and following the granting of any such per- mits the city Manager shall formulate and enforce such rules and regulations for the conduct of such stands as shall be consistent with or in furtherance of the conditions and restrictions herein imposed. Sec. 5 -171.4 Conditions and Restric- tions. The following conditions and restrictions are hereby imposed upon the holders of any permit issued here- under: (a) The size, design and construction of newspaper and periodical vending stands under the provisions hereof shall be subject to the approval of the City Manager. (b) Within ten (10) days following the issuance of any permit hereunder the holder thereof shall obtain, and at all times during the life thereof keep in force, a policy of public lia- bility insurance indemnifying and sav- ing harmless and agreeing to defend the City of Alameda, the City Council, the City Manager and the City Engi- neer against all suits, claims or actions of any person or persons for or on account of any injuries or damages to persons or property sustained or arising by reason of the maintenance of such newspaper and periodical vend- ing stand in the sidewalk area by the permittee, and to pay all judgments, costs and expenses of litigation in con- nection therewith. Said public liability insurance shall provide for a limit of not less than $5 0,040 for all daanages arising out of bodily injuries to or death of one person, and $100,000 for all damages arising out of bodily in- juries to or death of two or more persons in any one accident, and a limit of not less than $25,000 for all damages arising out of injury to or destruction of property in any one accident, and $50,000 for all damages arising out of injury to or destructions of property. The policies aforemen- tioned shall be issued by an insurance carrier satisfactory to said City and shall be delivered to the City. In lieu of actual delivery of such policies, a certificate issued by the insurance car- rier showing such policies to be in force may be delivered to the City. Such policies and such ecrtificatc shall be in form approved by the City Attor- ney of said City. There shall be no liability on the part of the City of Alameda, its officers, agents or ern - ployees, for any damage sustained by the owner of any newspaper and peri- odical vending stand from any cause whatsoever (c) Sale, assignment or transfer of any permit issued hereunder without the written approval of the City Coun- cil is prohibited and shall be of no effect. (d) All permits issued hereunder are hereby declared to be temporary, re- vocable permits, and they shall be subject to revocation at the will and pleasure of the City council. Section 2. This ordinance is hereby declared to be a measure of great erner- geucy and necessity for the immediate preservation of the public health and safety and shall take effect immedi- ately. The following is a statement of the facts showing the urgency: There are now some obstructions unlawfully in the sidewalk areas of the Ctiy of Alameda and it is the aim and purpose of this ordinance to le- galize such obstructions and to confer express legislative authority upon the City Council to permit similar ob- structions hereafter. FRANK P. OSBORN, Presiding Officer of the Council. Attest: SHIRLEY H, TENNIER, City Clerk. 1, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 5th day of February, 1952, by the fol- lowing vote, to wit, AYES. Councilmen Anderson, Bran- scheid, Jones, Sweeney and President Osborn, (5). NOES: None. ABSENT: None. IN WITNESS VMEREOF, I have hereunto set any hand and affixed the official seal of said City this 6th day of February, 1952. (SEAL) SHIRLEY H. TENNIER, City Clerk of the City of Alameda. Publish February 7, 1954