As used in this chapter, the following terms shall have the
meanings indicated:
NEWSRACK
Any self-service or coin-operated box, container or other
closed device used, designed or maintained for the display, sale or
distribution of publications, including, but not limited to newspapers,
pamphlets, flyers, advertising supplements or other such printed material,
whether the same is offered for sale or for free distribution. Included
within such definition shall be the stand or supporting device on
which such container is mounted or affixed.
PUBLIC RIGHT-OF-WAY
Any place dedicated for use by the public for pedestrian
or vehicular travel, including but not limited to any street, sidewalk,
curb, gutter, highway, road, tunnel, bridge, park, square, path or
other similar public way.
ROADWAY
That part of a public right-of-way that is designated and
used primarily for vehicular traffic.
SIDEWALK
That part of a public right-of-way that is designated and
used primarily for pedestrian travel.
If the Administrator or his or her designee is satisfied that
the intended location and specifications of the newsrack conform to
this chapter, he or she shall issue the permit to the applicant no
later than five business days following receipt of the completed application.
If the intended location and specifications of the newsrack do not
conform to this chapter, the permit shall be denied. Written notice
of the denial shall be mailed to the applicant no later than five
business days following the receipt of the completed application.
If the basis for denial is due solely to location, the application
may be amended to state a different location as agreed upon by the
parties that conforms to this chapter.
Any person or entity aggrieved by a finding, determination,
notice, order or action taken under the provisions of this chapter
may request a hearing before the Municipal Council in the manner provided
herein.
A. The party requesting the hearing must provide written notice to the
Administrator within 30 days of receipt of notice of the finding,
determination, notice, order or action taken.
B. If the appeal concerns an existing newsrack, the newsrack shall not be removed from its location except as provided by §
329-6C of this chapter while the appeal is pending.
C. The Council shall provide the appellant an opportunity to be heard
at the hearing, present relevant evidence in support of his or her
position and cross-examine adverse witnesses. The appellant may be
represented by legal counsel.
D. The decision of the Council shall be reduced to writing and delivered
to the newsrack owner or agent of the owner by certified mail no later
than 15 days following the hearing.
Newsracks in place in the Borough prior to the effective date
of this chapter shall be brought into compliance within this chapter
by no later than January 31, 2009. The Administrator or his or her
designee shall notify all existing newsrack owners or agents of the
compliance date in writing. If the owner or agent cannot be ascertained,
then the publication of this chapter shall be deemed valid notice
for such purpose.