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(b) The news box shall not exceed fifty (50) inches in <br />height and shall be of sufficient weight as to prevent the box from being <br />moved or blown down by windstorms. <br />(c) News boxes shall be a neutral color and shall not be <br />bright, reflective, or metallic. Black, white, and tan shall be considered <br />neutral colors. The City Manager may approve non-neutral colors on the <br />distributor’s written request, considering the exact color(s) requested, the <br />location of the news box, aesthetic and safety compatability with existing <br />right-of-way and adjacent land uses, branding or trademark factors, and <br />other relevant criteria. <br />(d) The distributor shall maintain the news box in good <br />working order and reasonably free of (i) dirt, grease, or graffiti, (ii) <br />chipped, cracked, peeling or faded paint, and (iii) rust or corrosion. The <br />clear plastic or glass parts of the box, if any, shall be clear, unbroken and <br />reasonably free of cracks, dents, blemishes, and discoloration. The door <br />through which the newspapers or printed materials are obtained shall be <br />constructed and maintained so that it automatically closes securely after <br />opening to prevent printed materials from falling from or blowing out of <br />the box, and the structural parts thereof shall not be broken or damaged. <br />(e) The distributor shall post the distributor’s name, <br />address, and business telephone number in a conspicuous place approved <br />by the director on the news box so that the public may report a <br />malfunction or secure a refund in the event of a malfunction of the coin <br />return mechanism or to report damage or destruction of the news box. The <br />distributor shall also post in a conspicuous place on the news box the <br />number issued by the director for the box. <br />(f) The distributor shall not place or allow to be placed <br />any advertising or publicity on the news box except the name of the <br />printed material distributed therein. <br />4. If a news box remains empty or the printed material is not <br />changed in accordance with its regular publishing schedule for a period of <br />thirty (30) consecutive days, the news box shall be deemed abandoned. <br />F. Seizure of News Boxes <br />1. The director is authorized to seize any non-permitted or <br />abandoned news box or any news box in substantial non-compliance with <br />its permit or this Section. Any news box that is the subject of more than <br />three (3) violation notices within its license year shall be presumed in <br />substantial non-compliance. <br /> <br />