The unregulated installation, use or maintenance of newsracks
in public streets and private streets to which the public has a right
of access will result in the obstruction of sidewalks that will interfere
with the public's right to unhampered passage thereon, will create
traffic congestion or illegal parking or stopping by motorists in
order to purchase newspapers, will damage municipal property because
of the chaining of newsracks to poles, traffic standards or other
fixtures, will interfere with the performance of required municipal
services, will create unsightly conditions and will endanger the safety
and welfare of the inhabitants of the Town of Lynnfield.
The provisions of this bylaw shall apply to existing newsracks
within the Town of Lynnfield, except that the distributors thereof
shall have 30 days within which to comply with said provisions or
within such additional time as may be allowed in the discretion of
the Board of Selectmen.
A. If any distributor violates any provisions of this article, it shall be the duty of the Chief of Police to determine whether or not such a violation has occurred and thereafter to notify the distributor to correct the violation within five days thereafter. Such notification and direction shall be in writing; it shall specify the nature of the violation and whether or not it warrants removal of the newsrack if not corrected within five days, and it shall direct correction; it shall be served upon the distributor in the same manner as a summons; or it shall be telephoned to the distributor at the telephone number designated by the distributor as provided in §
175-4C(6) above and confirmed in a written notice, mailed by certified mail with return receipt requested to the address designated by the distributor as provided in §
175-4C(6) above. During such five-day period, the distributor shall have a right to a hearing before the Chief of Police or his duly designated representative to determine whether or not such violation warrants removal prior to final determination. At such hearing, the distributor shall have the right to examine the evidence upon which the Chief of Police acted, to cross-examine any witnesses who may have appeared before him and to offer any evidence which may tend to show that the subject newsrack does not violate any provisions of this bylaw and that the claimed violation is not of a nature which warrants removal prior to final determination. The hearing officer shall promptly review such evidence, notify the distributor of his decision with respect thereto, and, if necessary, afford the distributor a reasonable opportunity to comply with such determination.
B. If said violation is not corrected within such five-day period or
such further reasonable period as may be contained in a superseding
notice by the Chief of Police, the Department of Public Works shall
be directed by the Chief of Police to remove such newsrack and place
it in storage in a secure place. The cost of removal and storage shall
be billed to the Distributor, and in the event of nonpayment, a civil
suit for money damages may be brought by the Town Counsel in the name
of the Town.
C. If such newsrack is not claimed within 30 days, it shall be treated
as abandoned property and disposed of as provided by law.
D. Any distributor who, having been notified and directed as provided herein to correct a violation of the provisions of this bylaw, fails to correct such violation as provided in such notice shall be guilty of a violation and shall be subject to punishment as provided in Chapter
58, Penalties and Enforcement, of the bylaws of the Town of Lynnfield.
E. Any distributor or other person aggrieved by a finding, determination, notice, or action taken under the provisions of this section may appeal to the Board of Selectmen. An appeal shall be made in writing, and it must be filed within five days after the receipt of written notice of any protested decision or action with the office of the Board of Selectmen by a letter of appeal briefly stating therein the basis for such appeal. A hearing thereon shall be scheduled to be held on a date no more than 15 days after receipt of such letter. The appellant shall be given at least five days' notice of the time and place of hearing. The Board of Selectmen shall give the appellant or any other interested person a reasonable opportunity to be heard in order to show cause why the determination or action appealed from should not be upheld. The Board of Selectmen shall make a final determination at the conclusion of the hearing or as soon thereafter as is practicable. In the event that a distributor is successful in reversing a determination that the claimed violation was of a nature which warranted removal pending a final determination, no fee shall be imposed for the removal and storage of the newsrack which was the subject of the appeal, and failure to comply with such determination shall not serve as a basis for prosecution under Subsection
D of this section.
F. Nothing contained in this bylaw shall be interpreted to limit or
impair the exercise by the Town of Lynnfield of its police power in
the event of an emergency to remove any newsrack which presents a
clear and present danger of imminent personal injury or property damage
to users of the public streets of this Town.
In the event that any provisions of this Chapter
175 of the Town's bylaws shall be held invalid, such invalidity shall not affect the validity of any other provision thereof.
All bylaws or regulations in apparent conflict with this Chapter
175 of the Town's bylaws shall be construed in a manner which renders the same compatible, but if such construction is impossible, the portions of said conflicting bylaws or regulations are hereby repealed.