[Adopted 8-21-1984 as L.L. No. 7-1984 (Ch. 70, Art. XIV,
of the 1968 Code of the Village of Lindenhurst)]
No person shall install, use or maintain any
newsrack which projects onto, into or over any part of the roadway
of any public street or which rests, wholly or in part, upon, along
or over any portion of a roadway.
No person shall install, use or maintain any
newsrack which, in whole or in part, rests upon, in or over any sidewalk
or parkway when such installation, use or maintenance endangers the
safety of persons or property or when such site or location is used
for public utility purposes, public transportation purposes or other
government use or when such newsrack unreasonably interferes with
or impedes the flow of pedestrian or vehicular traffic, the egress
into or egress from any residence, place of business or any legally
parked or stopped vehicle or the use of poles, posts, traffic signs
or signals, hydrants, mailboxes or other objects permitted at or near
said location or when such newsrack interferes with the cleaning of
any sidewalk by the use of mechanical sidewalk-cleaning machinery.
Any newsrack which, in whole or in part, rests
upon, in or over any sidewalk or parkway shall comply with the following
standards:
A.
No newsrack shall exceed five feet in height, 30 inches
in width or two feet in depth.
B.
Newsracks shall only be placed near a curb or adjacent
to the wall of a building. Newsracks placed near the curb shall be
placed no less than 18 inches nor more than 24 inches from the edge
of the curb. Newsracks placed adjacent to the wall of a building shall
be placed parallel to such wall and not more than six inches from
the wall. No newsrack shall be placed or maintained on a sidewalk
or parkway opposite a newsstand or another newsrack.
C.
No newsrack shall be chained, bolted or otherwise
attached to any property not owned by the owner of the newsrack or
to any permanently fixed object.
D.
Newsracks may be chained or otherwise attached to
one another; however, no more than three newsracks may be joined together
in this manner, and a space of no less than 18 inches shall separate
each group of three newsracks so attached.
E.
No newsrack or group of attached newsracks allowed under Subsection D hereof shall weigh, in the aggregate, in excess of 125 pounds when empty.
F.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within 15 feet of the curb return of any unmarked
crosswalk.
(3)
Within three feet of any fire hydrant, fire call box,
police call box or other emergency facility.
(4)
Within three feet of any driveway.
(5)
Within three feet ahead of and 15 feet to the rear
of any sign marking a designated bus stop.
(6)
Within three feet of any bus bench.
(7)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet.
(8)
Within three feet of any area improved with lawn,
flowers, shrubs or trees or within three feet of any display window
on any building abutting the sidewalk or parkway or in such a manner
as to impede or interfere with the reasonable use of such window for
display purposes.
G.
No newsrack shall be used for advertising signs or
publicity purposes other than that dealing with the display, sale
or purchase of the newspaper or news periodical sold therein.
H.
Each newsrack shall be maintained in a clean, neat
and attractive condition and in good repair at all times.
Every person who places or maintains a newsrack
on the streets of the Village of Lindenhurst shall have his name,
address and telephone number affixed thereto in a place where such
information may be easily seen.
Any newsrack installed, used or maintained in violation of any of the provisions of this article, except § 158-39F(7) and (8), may be summarily removed by any public officer of this Village and stored in any convenient place. The public officer making such removal and storage shall thereupon give notice of such fact to the Village Administrator Clerk and immediately surrender possession of the newsrack to the representative designated by the Village Administrator Clerk. Immediately upon the receipt of such representative of any newsrack so removed, the newsrack shall be placed in storage in a place designated by order of said Village Administrator Clerk, and the Administrator Clerk shall thereupon take reasonable steps to notify the owner of the newsrack of the fact of its removal, the place of its storage and of the fact that, unless the rack is claimed within 45 days and the cost of the pickup, as fixed by the Village, paid, that the rack will be deemed abandoned and will be destroyed. Upon failure of the owner to claim such newsrack and pay such costs as fixed by the Village within 45 days after such notice has been sent to the owner, such newsrack shall be deemed to have been abandoned by the owner and to be abandoned property, and the newsrack and its contents, except money, shall be destroyed by representatives of the Village pursuant to the provisions of this section. Any money contained in any newsrack so destroyed shall be held in official custody of the Village for a period of three years.
In the case of violations of this article relative to restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, to fixed objects or each other and upon location of newsracks, any public body or officer may, as an alternative to removal under § 158-41 hereunder, remove such attachment and/or move such rack or racks in order to restore them to legal condition.
[Added 6-16-1992 as L.L.
No. 2-1992]
Any person or persons who shall violate this
article shall be subject to a penalty of not less than $100 nor more
than $250 for each and every offense.
