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A. The director shall determine how many publication units will be allowed in a multiple-unit newsrack at a specific location. To determine this number, the director shall consider the requirements of Section 13.92.080 together with the current congestion of the location and the congestion that will be created by a multiple-unit newsrack. Unless allowed as a condition of a permit issued under this chapter, the number of publication units in a multiple-unit configuration may not exceed the director’s determination.

B. As long as the requirements of Section 13.92.080 are not violated, the director may defer enforcing the congestion control criteria of subsection A of this section at a given location until a complaint is made by a publisher, distributor, property owner, or member of the public.

C. If a complaint of noncompliance with subsection A of this section is made, or an application for a permit that does not comply with subsection A of this section is submitted, the director shall determine whether the totality of newsracks presents a conflict with the requirements of this chapter. If no such conflict is evident, or the director has determined by using the guidelines in this chapter that the placement represents a reasonable accommodation furthering the overall public interest, the director shall summarize such a finding in writing and issue a permit for such proposed newsrack.

D. In determining whether to issue or deny a permit for a proposed newsrack under this section, the director shall consider whether there is a satisfactory alternate location for such newsrack in the vicinity or whether no such location exists. When necessary, allocations of space for newsracks at particular locations as provided herein shall be made in a manner which:

1. Offers the public convenient access to all publications, whether of large or small circulation;

2. Provides all publishers a reasonable representation of their newsracks in public rights-of-way;

3. Provides opportunity for placement of newsracks for new publications;

4. Encourages efficient use of space through attractive multiple-unit newsracks; and

5. Minimizes hardship to applicants denied permits. (Ord. 3195-10 § 9, 2010.)