Town of Hempstead, NY Newsracks on Public Sidewalks; Penalties

[Added 9-25-2001 by L.L. No. 49-2001, effective 10-1-2001][1]

Legislative intent. The Town Board has determined that the haphazard placement of newsracks on the public sidewalks of the Town has created unsafe conditions, unsightly appearances and a general nuisance for pedestrians and others. At the same time, it is wholly understood that newsracks provide an important service and convenience to the public-at-large. It is the purpose of this section to strike a rational balance between these competing interests, by defining and limiting the portions of public sidewalks at which newsracks may be placed. The regulations are designed and intended to maintain substantial public access to newsracks, by permitting them in the vicinity of commercial street corners, railroad stations, public parking fields, and post offices, while protecting public safety and aesthetics by addressing their unchecked and haphazard proliferation throughout the public sidewalks of commercial vicinities. Additionally, they promulgate standards which delineate the precise areas of public sidewalks within permitted vicinities at which newsracks may lawfully be placed and maintained. Finally, it is not the intention of this section to regulate the placement of newsracks at any locations other than public sidewalks as defined herein.

Definitions. As used in this section, the following terms shall have the meanings indicated.

NEWSRACK

A machine or device which is designed to dispense newspapers, magazines, pamphlets, or similarly formatted reading materials to the public, regardless of content, either upon deposit of a designated cost or free of charge.

PUBLIC SIDEWALK

Includes all land lying between the curbline of a public highway and the building line of the premises abutting thereon, whether or not surfaced or improved with concrete or other paving material.

Prohibition. No person or other legal entity shall place or maintain any newsrack on any public street except in compliance with the location and placement standards hereof.

Enforcement; penalties.

(1)

The Commissioner of Highways or his duly appointed representative is authorized to immediately undertake the relocation of any newsrack found to be in violation of this section, provided that the Commissioner determines that such action is necessary to remedy an immediate and substantial safety hazard and constitutes the minimum distance necessary to eliminate the hazard. Under such circumstance, the Commissioner shall send notice of the relocation to the owner or other person in charge of the newsrack, by regular mail.

(2)

In addition to the authority of the Commissioner of Highways as set forth above:

(a)

Code Enforcement Officers of the Department of Buildings and the Nassau County Police Department are hereby authorized to issue summonses or appearance tickets, returnable in the District Court of Nassau County, to the owner, lessee, or other person or legal entity in control of a newsrack which is being maintained in violation of this section.

(b)

Any such violation shall be categorized as a petty offense, punishable by a fine of up to $250 per violation and/or up to 15 days in jail. Each day that the offense(s) shall continue shall be considered a separate violation.

(c)

No summons shall be issued unless it shall be preceded by delivery of a notice of violation, to the owner or other person responsible for the newsrack in question, providing a fifteen-day period to eliminate the violation, and unless the violation(s) shall not be remedied during that period. The notice of violation shall set forth each violation of this section applicable to the newsrack in question.

(d)

Additionally, the Town Attorney may, in an appropriate case, institute an injunction action in the name of the Town to assure compliance with the terms of this section.

Location. A newsrack shall be permitted on any public sidewalk only if it shall be located:

(1)

Adjacent to any nonresidential use and no greater than 60 feet nor less than 15 feet from the intersection of two or more public streets, as measured laterally along the sidewalk from the midpoint of the arc (curvature) of the sidewalk at the said intersection; or

(2)

No greater than 50 feet from the entrance to any railroad station, public parking field, or post office, but not across any public street from the entrance; except that:

(3)

In no event shall any newsrack be permitted upon any public sidewalk if such newsrack shall be located within 75 feet of any parcel improved with a single- or two-family dwelling.

Placement. Within the locations authorized under § 181-15E herein, newsracks may be placed and maintained only in conformity with all of the following regulations:

(1)

A newsrack shall not be placed and maintained:

(a)

Within 10 feet of any fire hydrant, fire or police alarm box or device, or other emergency facility;

(b)

Within five feet of any marked crosswalk or driveway;

(c)

Greater than one foot away or less than six inches away from the roadbed edge of the sidewalk curb, unless parallel to the wall of a building and no greater than six inches therefrom. With respect to newsracks placed within one foot from the curb, the dispensing side must face away from the roadbed;

(d)

Within 10 feet of any bus shelter or bench, or which shall interfere with loading or unloading of persons from front or rearward doors of buses;

(e)

Within five feet of a handicap access ramp;

(f)

Where it would create a sidewalk obstruction as set forth in § 181-14 of this chapter;

(g)

In such a manner that it shall be chained to any fixed object, including but not limited to telephone poles, street signs, and traffic signs, except that a newsrack may be chained to an immediately abutting newsrack; and/or

(h)

At any location which the local Police Precinct or Fire Department shall declare to be prohibited for reasons of public safety.

Existing newsracks. The owners and/or persons in control of all currently existing newsracks which violate any provision of this section are provided a period of 30 days after the effective date of this section to conform their location and/or placement to the regulations hereof, or to remove them from the public streets of the Town of Hempstead.

Severability. In the event that any provision of this section shall be deemed illegal or otherwise unenforceable by a court of competent jurisdiction, then only that specific provision shall not be enforced, and all other sections and provisions shall remain in full force and effect.

Interpretation.

(1)

This section shall be considered remedial in nature and should be liberally construed to protect the health, safety and welfare of pedestrians, motorists, fire fighters and law enforcement officials, as well as to advance a more aesthetic public environment, so that substantial justice is done.

(2)

Nothing herein shall be construed as authorizing placement of any newsrack in any location where such placement is otherwise unlawful or nonpermitted under any applicable laws or regulations.

[1]

Editor's Note: Former § 131-15, Removing and trimming trees; damage by roots, as amended, was repealed 12-8-1987 by L.L. No. 101-1987, effective 12-17-1987.