[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford 8-12-1997 by L.L. No. 7-1997. Amendments noted where applicable.]
The Board of Trustees of the Village of Pittsford finds and declares that the uncontrolled placement of newspaper vending machines in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings and persons performing essential utility, traffic control and emergency services and sidewalk maintenance and snow removal. Newspaper vending machines shall be so designed as to limit visual blight on the public rights-of-way, protect the aesthetics and value of surrounding properties and protect the quiet of residential neighborhoods.
As used in this chapter, the following terms shall have the meanings indicated:
- The person responsible for placing and maintaining a newspaper vending machine in a public right-of-way.
- NEWSPAPER VENDING MACHINE
- Any self-service or coin-operated box, stand, rack, container, storage unit or other dispenser installed, used or maintained for the purpose of offering for sale, vending, distributing or giving away any publication.
- The portion of a street improved, designed or ordinarily used for vehicular travel.
- Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
- Includes but shall not be limited to streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the village.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk or in any other public way or place within the Village of Pittsford any self-service or money-operated box, container, device, storage unit or other type of dispenser which is used or maintained for the display and sale of newspapers, newsletters or other news periodicals without first obtaining a permit from the Village Clerk specifying the exact location of such newspaper vending machines. One permit shall be issued for each newspaper vending machine.
An application for a newspaper vending machine permit or for a change of location of an existing newspaper vending machine shall be made in writing on a form provided to the Village Clerk and shall contain the name and the address of the applicant, the proposed specific location(s), the dimensions of the machine and the person for repair or to be notified for any reason whatsoever in connection with the use, maintenance and locations of the vending machine.
As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the village, its trustees and employees against any loss or liability or damage, including expenses and cost for bodily or personal injury, and for property damage sustained by any person as the result of the installation, use or maintenance of a newspaper vending machine within the Village of Pittsford.
Permits shall be issued for the installation of a newspaper vending machine after prior inspection of the location. Such newspaper vending machine and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this chapter. An annual permit fee for a newspaper vending machine shall be $50.
The Code Enforcement Officer shall cause an inspection of the proposed location after the application has been filed. No person shall maintain a newspaper vending machine on any portion of a roadway, nor shall any person permit a newspaper vending machine to project onto, into or over any portion of a roadway.
Type and amount. No newspaper vending machine permit shall be issued unless the machine owner shall have filed with the Village Clerk a certificate of insurance, issued by a company duly licensed to transact business under the insurance laws of this state, naming the Village of Pittsford as an insured and providing for the payment of not less than $1,000,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person due to the maintenance of such machine.
Notice. The insurance policy shall provide that the insurance company shall notify the Village of Pittsford 10 days prior to cancellation or substantial change in coverage.
All newspaper vending machines for which a permit is required shall comply with the following standards:
No newspaper vending machine shall exceed 50 inches in height, 25 inches in width or 20 inches in thickness.
Each newspaper vending machine shall be maintained in a neat and clean condition and in good repair.
The area through which the publication is viewed shall be made of a plastic nonbreakable glass material which shall be reasonably free of cracks, dents, blemishes and discoloration.
Each newspaper vending machine shall be equipped with a coin-return mechanism to allow a person to receive an immediate refund in the event that he/she is unable to receive the publication paid for. The coin-return mechanism shall be maintained in good working order.
No newspaper vending machine shall be chained, bolted or otherwise attached to any fixture located in the public right-of-way.
No newspaper vending machine shall be placed in the following manner:
Within 10 feet of any marked crosswalk or street intersection, fire hydrant, emergency call box, driveway or any designated bus stop.
Within 25 feet of any designated school bus stop.
Within 500 feet of any other newspaper vending machine on the same street containing the same issue or edition of the same publication.
Within any area that will reduce the clear space for pedestrian passage to less than six feet.
At a location which will interfere with the snow removal procedures of the Department of Public Works determined by the Highway Superintendent.
Criminal penalty. Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
Civil penalties; construal.
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this chapter nor a judgment in or the pendency of a civil action of law or in equity shall be a bar to the other form of proceeding.
The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.