As used in this chapter, the following terms
shall have the meanings indicated:
BLOCK
One side of the street between two consecutive intersecting
streets.
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack
in a public right-of-way.
NEWSRACK
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display,
sale or distribution of newspapers, advertising materials, or other
written materials.
RIGHT-OF-WAY
The area between property lines which may be unimproved or
surfaced and which may include public highways, streets, roadways
and sidewalks.
ROADWAY
That portion of a street improved, designed or ordinarily
used for vehicular travel.
SIDEWALK
Any surface provided for the exclusive use of pedestrians.
STREET
All the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, highways, alleys,
sidewalks and unimproved areas.
VILLAGE ENGINEER
Refers to the Village Engineer of the Village of Bronxville
or the designee of the Village Engineer.
It shall be unlawful for any person, firm or
corporation to install, place, maintain or operate on any public street
or sidewalk or in any other public way or place in the Village any
newsrack without first having obtained a permit from the Village Engineer
specifying the exact location of such newsrack. One permit may be
issued to include up to five newsracks, provided that all newsrack
locations are indicated on the permit.
As a condition of approval of any newsrack permit,
the distributor shall file a written statement with the Village Engineer,
in a form satisfactory to the Village Attorney, by which the owner
agrees to indemnify, hold harmless and defend the Village, its officers
and employees against any loss, liability or damage, including expenses
and costs, for bodily or personal injury and for property damage sustained
by any person as a result of the installation, use and/or maintenance
of a newsrack within the Village.
As a condition of approval of any newsrack permit,
the distributor shall file with the Village Engineer a certificate
of insurance from an AM Best A-rated insurance company authorized
to conduct business in New York, demonstrating that the distributor
has general liability insurance with the limits of at least $1,000,000
each occurrence and $2,000,000 general aggregate. The insurance policy
must name the Village of Bronxville as an additional insured. The
insurance shall be maintained during the permit period of any newsrack
and provide for not less than 30 days' notice of cancellation to the
Village Engineer.
Any newsrack that rests, in whole or in part,
on any portion of a public right-of-way or which projects onto, into
or over any part of a public right-of-way shall be located in accordance
with the following provisions:
A. No newsrack shall project onto, into or over any part
of the roadway of any public street, nor shall it rest, wholly or
in part, upon, along or over any portion of the roadway of any public
street or be affixed to anyone else's property, public or private.
B. Newsracks may be placed next to each other, provided
that no more than three newsracks may be grouped, which group of newsracks
shall not extend for a distance of more than eight feet. All newsracks
in a group of newsracks shall abut the adjacent newsrack in such group
unless safety considerations require otherwise. There shall be a space
of not less than three feet between each group of newsracks.
C. No newsrack shall be placed, installed or maintained:
(1) Within five feet of a marked crosswalk.
(2) Within 10 feet of a street corner without a marked
crosswalk.
(3) Within 15 feet of a fire hydrant.
(4) Within five feet of a fire call box or police call
box.
(5) Within five feet of a driveway or alley.
(6) In a place that reduces the clear space for the passageway
of pedestrians to less than four feet.
(7) On any access ramp for disabled persons.
(8) Where such newsrack unreasonably interferes with or
impedes the flow of pedestrian or vehicular traffic, including parked
or stopped vehicles, or the ingress to or egress from any residence
or place of business.
(9) Where such installation, use or maintenance endangers
the safety of persons or property.
(10)
Within three feet of any display window of any
building abutting the sidewalk in such a manner as to impede or interfere
with the reasonable use of such window for display purposes.
(11)
Within 250 feet of any other newsrack on the
same side of the street in the same block containing the same issue
or the same publication.
(12)
Within 50 feet of any fire or police station
D. Except as provided in §
194-8B of this chapter, no more than one newsrack shall be located on any public right-of-way within a space of 100 feet in any direction within the same block of the same street; provided, however, that no more than eight newsracks shall be allowed on any one block except the area adjacent to the Metro-North railroad station.
Any newsrack that, in whole or in part, rests
upon, in or over any public sidewalk or street shall comply with the
following standards:
A. No newsrack shall exceed five feet in height, 30 inches
in width, or two feet in thickness.
B. Newsracks must be secured in a safe manner. No newsrack,
however, shall be chained, bolted or otherwise attached to any municipal
fixture, such as a parking meter, stop sign, street sign, or other
traffic sign or control device, located in the public right-of-way,
or to any tree or tree support.
C. No newsrack shall be used for advertising signs or
publicity purposes other than those dealing with the display, sale,
purchase or distribution of the newspaper or periodical sold or distributed
in the newsrack.
D. Each coin-operated newsrack shall be equipped with
a coin-return mechanism to permit a person using the machine to secure
an immediate refund in the event that the person is unable to receive
the publication. The coin-return mechanism shall be maintained in
good working order.
E. Each newsrack shall have affixed to it, in a readily
visible place so as to be seen by anyone using the newsrack, the permit
number, together with a notice setting forth the name and address
of the distributor and the telephone number of a working telephone
service to call to report a malfunction or to secure a refund in the
event of a malfunction of the coin-return mechanism or to give any
notice provided for in this chapter.
F. Any newsrack installed shall be of rigid and secure
construction to prevent the newsrack from swiveling, turning or otherwise
moving from the location of placement by the distributor. In addition,
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
so that:
(1) It shall not be permitted to remain empty for a period
exceeding 30 consecutive days.
(2) It is reasonably free of dirt and grease.
(3) It is reasonably free of chipped, peeling and cracked
paint in the visible painted areas.
(4) It is reasonably free of rust and corrosion in the
visible unpainted metal areas.
(5) The clear plastic or glass parts, if any, through
which the publications are viewed are unbroken and reasonably free
of cracks and dents.
(6) The structural parts are not dented or broken.
G. No newsrack shall be illuminated or connected to a
power source.
H. No newsrack shall be placed or allowed to remain in
any location so that it interferes with the removal of snow or ice
or the removal of leaves or debris, whether the removal is a public
or private duty.
Upon determination by the Village Engineer that a newsrack has been installed, used or maintained in violation of this chapter, the Village Engineer shall issue an order to the distributor of the newsrack to correct the violation. Such order shall be sent by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the violation, suggest actions necessary to correct the condition, and inform the distributor of the right to appeal. Failure to properly correct the offending condition within 10 business days after the mailing date of the order, or to appeal the order as provided in §
194-12 within five days after its receipt, shall result in the offending newsrack being summarily removed and possessed as unclaimed property. If the offending newsrack is not properly identified as to owner under the provisions of this chapter, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the Village's cost and expense of impounding, shall be assessed against each newsrack summarily removed. The Village Engineer shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of said newsrack shall be charged an inspection fee for each newsrack so inspected in an amount established by the Village Board. This fee shall be in addition to all other fees and charges required under this chapter.
Any person who places in operation a newsrack
without first obtaining a permit or who places in operation or maintains
in place a newsrack which violates any of the provisions of this chapter
shall be guilty of a violation of this chapter. Each violation of
this chapter shall be punishable by a fine not to exceed $250 or imprisonment
for a period not to exceed 15 days, or both.
Any person aggrieved by a finding, determination,
notice, order or action taken under this chapter may appeal to the
Village Administrator or the Village Administrator's designee. An
appeal must be perfected within five days after receipt of notice
of any protested decision or action by filing with the Village Administrator
a letter of appeal briefly stating the basis for the appeal. A hearing
shall be held on a date not more than 15 days after receipt of the
letter of appeal. The appellant shall be given at least five days'
notice of the time and place of the hearing. The Village Administrator
or the Village Administrator's designee shall give the appellant,
and any other interested party, a reasonable opportunity to be heard
in order to show cause why the determination of the Village Engineer
should not be upheld. At the conclusion of the hearing, the Village
Administrator shall make a final decision. The decision shall be immediately
appealable to a court of competent jurisdiction.
Any newsrack in existence prior to the effective date of this chapter and which does not have a newsrack permit shall be removed or brought into conformance with the provisions of this chapter, including the issuance of a permit for such newsrack, within 45 days after the effective date of this chapter. If the distributor fails to comply with this provision, the Village Engineer shall issue an order to the distributor of the newsrack to correct such violation in accordance §
194-10.
Nothing contained in this chapter shall be interpreted
to limit or impair the exercise by the Village of its police power
in the event of an emergency, as determined by the Village Engineer,
to remove any newsrack that presents a danger of imminent personal
injury or property damage to users of the Village rights-of-way or
would otherwise hamper or impair the fulfillment by the Village of
its governmental obligations, including, but not limited to, snow
removal and street cleaning.