[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 15-2000 (Ch. 5.68 of the 1996 Municipal Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Two single newsrack boxes, one above the other, wherein the
double newsrack box functions as one large box with one windowed access
door to gain access to the entire double newsrack box.
A unit that has assembled together two or more newsrack boxes
in a housing that is supported by one or more pedestals. The modular
newsrack box assembly is then permanently attached to a sidewalk or
concrete pad by bolts or other such fasteners. Newspapers are distributed
by placing such newspapers in the various newsrack boxes by various
newspaper vendors. Two or more newspaper vendors may distribute newspapers
from a modular newsrack box assembly. Attached to this chapter is
an illustration of an MNBA unit for purposes of illustration.[1] The illustration contains four newsrack boxes, however,
the unit may be enlarged to up to 10 newsrack boxes on one MNBA unit.
A rectangular cube-type box that has a windowed door on its
front for viewing inside the cube shaped box and gaining access to
the box. Newspapers are placed in the newsrack box for purposes of
distribution. One gains access to the interior of the newsrack box
by opening the front windowed door. The newsrack box may be, but need
not be, accessed by inserting coined money to unlock the access door.
[1]
Editor's Note: Said illustration is on file in the Municipal
Clerk's office.
A.
Only MNBA units shall be permitted to be installed on the public
sidewalks, public property, and on the exterior of any building on
private property in the City within the zones identified as the OP-1,
C-1, C-2, C-3, IP and W-1. MNBA units, freestanding newsrack boxes,
and other such newspaper vending units shall not be permitted to be
placed on the exterior of any building in the residential districts
R-1, R-2, or RI Zones. No other newsrack boxes, MNBA units, or other
such newspaper vending units, shall be permitted to be placed anywhere
in the City, except as provided in this chapter.
B.
Each newspaper vendor shall be obligated to purchase at its expense
an MNBA unit or share in the cost of the purchase of an MNBA unit
with other newspaper vendors using an MNBA unit. In the event the
City purchases the MNBA unit for and on behalf of a newspaper vendor
or vendors, such newspaper vendor or vendors shall reimburse the City
its proportionate share of the City's cost. The City shall not
receive any additional money above and beyond that which it expended
for the MNBA unit. The City prefers that the newspaper vendors purchase
the newsrack boxes and the MNBA units.
C.
Maintenance, repair, and service of each newsrack box in an MNBA
unit itself shall be the obligation of the newspaper vendors respectively.
In the event the City expends any monies for such, the City shall
be reimbursed its expenditures, by the newspaper vendors who are obligated
to make such expenditures. Prior to the City performing any maintenance,
repairs or service to any newsrack boxes and/or MNBA units, the City
will take reasonable steps and efforts to call the responsible newspaper
vendors to perform such maintenance, repair and/or service.
D.
The style, color, size, material, and design of the MNBA unit and
each component newsrack box shall be determined by the Common Council.
In the Historic District, the Historic Preservation Commission shall
give its written recommendations to the Common Council within 30 days
of referral.
E.
The locations of the MNBA units on public property or public sidewalks
within the City shall be selected by the Common Council in accordance
with the standards set forth in this chapter. The newspaper vendor
shall be obligated to arrange for the installation or work for each
MNBA unit installed on the public sidewalks or public property, at
the newspaper vendor's expense.
F.
The MNBA units can accommodate from two to 10 single newsrack boxes.
There is no limit on the reasonable number of MNBA units that can
be located in the City in compliance with this chapter.
G.
There is no limit to the reasonable number of newsrack boxes that
a particular newspaper vendor can utilize, except that a newspaper
vendor is permitted to have only one newsrack box per MNBA unit whenever
other newspaper vendors wish to utilize a newsrack box in such MNBA
unit. For the purposes of this chapter, a double newsrack box is considered
as one newsrack box.
H.
There are no time restrictions as to when the public may access the
newsracks to obtain newspapers, that is, such access may occur 24
hours per day, seven days per week, since the MNBA's are not
located in the residential districts.
I.
Any other type of individual freestanding newspaper vending machines,
boxes, newsracks, etc., whether coin operated or otherwise, are prohibited
in the City. Any such prohibited units existing after the adoption
of this chapter shall be removed by the particular owner of such unit
no later that 90 days after the effective date of this chapter or
at an earlier date when such newspaper vendor has been afforded the
opportunity to utilize a newsrack box in an MNBA unit or units from
which to distribute newspapers in accordance with this chapter.
J.
Within 10 days of the adoption of this chapter, the Business Administrator
shall send a copy of it to each known newspaper vendor. After the
adoption of this chapter, newspaper vendors shall take timely action
to comply with the terms of this chapter. A newspaper vendor may seek,
in writing, an extension of the ninety-day removal time limit, for
just cause, stating the newspaper vendor's reasons why such extension
should be granted, provided that such newspaper vendor had taken timely
action to comply with this chapter and its reasons for noncompliance
are due to reasons other than its own actions or inactions. The City
will not unreasonably deny such requests for an extension.
A.
A newspaper vendor desiring a general location for a newsrack box
within a MNBA unit shall submit such request, in writing, to the Common
Council addressed to the City Clerk, as required in this chapter.
The Common Council shall make available a location or locations to
each newspaper vendor who request a location or locations. The Common
Council will seek to identify a location as close as practicable to
that which had been requested by the newspaper vendor, taking into
account the criteria of this chapter. In the event the Common Council
is unable to grant the vendor's request for a specific location,
the Common Council will identity its reasons for such a decision based
on the criteria of this chapter, and in such event the Common Council
will identify an alternative location or locations that is available
to the applying newspaper vendor. In no event shall the newspaper
vendor be denied the right to distribute its papers. The newspaper
vendor's right to distribute shall not be abridged by the Common
Council in that the Common Council shall make available a location
or locations to each newspaper vendor who requests a location or locations.
B.
The Common Council, in its discretion, shall determine the specific
location and manner of installation of each MBNA unit. The Common
Council, in the exercise of its discretion, shall not act unreasonably,
capriciously or arbitrarily, and its decision shall be in accordance
with the criteria of this chapter, as governed by federal and state
law.
The MNBA units located on public sidewalks, public property,
and on the exterior of any building on private property shall be installed
in accordance with the following criteria:
A.
No MNBA unit shall be installed wherein it impedes the flow of pedestrian
or vehicular traffic.
B.
No MNBA unit shall be installed wherein it endangers the public safety
of persons or property.
C.
No MNBA unit shall be installed where it interferes with the ingress
and egress from any residence or place of business.
D.
No MNBA unit shall be located wherein its locations interferes with
the use of traffic signals, fire hydrants, utility poles, mailboxes,
and other such police, fire, and/or traffic control devices.
E.
The content of the newspaper publication shall not be considered
in determining the manner of and place of location of the MNBA unit.
F.
The newspaper vendor does not need a license, permit or other such
approval to distribute its newspaper.
G.
In the Historic District, the MNBA unit shall be placed in a location
in keeping with the historic character and historic zoning so as to
minimize the visual appearance and clutter of newsracks, but not at
the expense of the newspaper vendor's First Amendment right to
distribute its newspaper.
H.
No MNBA unit shall be installed above, or within a proximity to interfere
with the use, maintenance, and/or repair of any gas line, water line,
sewer line or other such utility line.
I.
No MNBA unit shall be located so as to impede the lawful use of any
buildings.
J.
No MNBA unit shall be located so as to interfere with the growth
of any municipally owned shade trees, plants, and shrubs existing
in the right-of-way sidewalk area.
K.
No MNBA unit shall be located to interfere with the use of municipality
installed public benches and seating.
A.
A newspaper vendor seeking to distribute its newspapers in the City,
in accordance with this chapter, shall make a request, in writing,
to the Common Council addressed to the City Clerk for a location within
the City.
B.
The newspaper vendor is to identify the location by designating a
corner of a particular intersection and/or by reciting dimensions
from some fixed identifiable structure or object, and/or by some other
method of identifying the location so as to clearly inform the Common
Council of the location requested.
C.
The Common Council shall review the request and shall make the final
determination as to the location of the MNBA unit. The Common Council
must take into account the requests of other newspaper vendors, in
an effort to coordinate the location of the MNBA units with the requests
of all newspaper vendors and to establish the necessary number of
two or more newsrack boxes in MNBA units. In the event several newspaper
vendors select a particular intersection and/or location and identify
different corners and/or locations, the Common Council will consolidate
those requests into the MNBA unit and identify the specific location
where the MNBA should be placed in accordance with the criteria in
this chapter.
D.
The Common Council shall inform the newspaper vendor no later than
20 business days of receipt of its request as to the location of the
MNBA unit wherein such vendor may place its papers for distribution
from a newsrack box, except in the Historic District the Common Council
may extend this period by 15 business days to provide the Historic
Preservation Commission with an opportunity to provide its written
recommendations.
E.
A newspaper vendor is permitted to make as many requests as is reasonably
necessary for the distribution of its newspapers in the City. There
is no limitation on the reasonable number of requests or on the reasonable
number of locations that a particular newspaper vendor may utilize
in accordance with this chapter.
F.
As of the date of the adoption of this chapter, freestanding newsracks
exist at various locations in the City. In the event one or more of
such locations are requested by newspaper vendors, a vendor having
a freestanding newsrack at the location shall receive preference as
to a newsrack box in an MNBA unit at such location or the alternative
to such location.
G.
The earliest received location request shall have a preference over
subsequent requests for the same location or alternate to that location.
H.
In the event the newspaper vendor disagrees with the Common Council's
decision concerning its request for a location or any other decision
related to this chapter, such newspaper vendor may request to the
Common Council in writing, a reconsideration of its decision, stating
its position concerning its request for reconsideration. The Common
Council shall respond to such requests for reconsideration within
20 days of its receipt by the Municipal Clerk.
The Common Council simultaneously with the adoption of this
chapter has adopted a resolution setting forth locations for the MNBA
units to be installed in accordance with this chapter. The locations
set forth in the resolution are not exhaustive or exclusive. The resolution
may be amended by the Common Council.
A.
Any person or entity who violates any provision of this chapter shall
be notified, in writing, of such violation by the Business Administration
and shall have 15 days from the date of the notice to correct the
violation.
B.
Any person or entity who violates any provision of this chapter and
continues such violation for more than 15 days after having received
the above notice shall, upon conviction, be subject to a fine or not
more than $250; each day may be considered a separate offense.
