Maintenance and Liability Requirements:
- Coin return mechanisms must be in good working order (if publication box has publications with a fee attached).
- Contact information must be placed in a readily visible location on publication box. This shall include:
- Name and business address of distributor (if co-located publication box, required information shall be permittee of box)
- Telephone number of a working service to call to report a violation, malfunction, or to secure a refund if necessary
- Must be placed in a secure and stabile manner. This may include:
- Using sufficiently weighted boxes
- Attaching box to one of several structures:
- Another publication box
- Sign post, street light, or signal/utility pole. (see 17.46.030B)
- Free-flying material must not be attached. This includes: balloons, windsocks, papers, among other items
- Must be serviced and maintained to ensure it is reasonably free of:
- Dirt and grease
- Chipped, faded, peeling and cracked paint
- Rust and corrosion
- Graffiti, litter and other debris
- Must be serviced and maintained to ensure:
- Clear plastic or glass parts are unbroken and reasonably free of tears, peeling or fading
- Paper or cardboard parts are reasonably free of tears, peeling or fading
- Structural parts are not broken or unduly misshapen
The Distributor of any publication box is liable for any and all damages to any person who is injured or otherwise suffers damages resulting from the placement of a publication box within the right-of-way, or by reason of the distributor’s failure to keep the publication box in safe condition and good repair.
The Distributor of any publication box is also liable to the City of Portland for any amounts which may be paid or incurred by the City by reason of all claims, judgments or settlements, and for all reasonable costs of defense, including investigation cost and attorney fees by reason of their failure to satisfy the obligations imposed by the Charter and Code of the City of Portland to maintain and repair such publication box.
The adjacent property owner shall not be liable for any damages to any person who is injured or otherwise suffers damages resulting from the placement of a publication box directly adjacent to their property.