[HISTORY: Adopted by the Board of Trustees
of the Village of Fayetteville 3-25-1985 by L.L. No. 1-1985. Amendments
noted when applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 148.
A.
Word usage. When not inconsistent with the context,
words used in the present tense include the future; words in the plural
include the singular; and words in the singular include the plural.
B.
DISTRIBUTOR
NEWSRACK
ROADWAY
SIDEWALK
STREET
Definitions. For the purposes of this chapter, the
following words and phrases shall have the meanings given herein:
Any person responsible for the installation, use or maintenance
of a newsrack in a public street.
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers, periodicals or other printed matter.
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
That portion of a street between the curblines or lateral
lines of a roadway and the adjacent property lines, intended for use
by pedestrians.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel, and it includes any alley
or public grounds in the Village of Fayetteville.
A.
No person shall install, use or maintain any newsrack
which projects onto, into or over any part of the roadway of any public
street
B.
No person shall install, use or maintain any newsrack
which in whole or in part rests upon, in or over any sidewalk or other
public place 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
government use or when such newsrack unreasonably interferes with
or impedes the flow of pedestrian or vehicular traffic, the ingress
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.
C.
Any newsrack which in whole or in part rests upon,
in or over any sidewalk or other public place shall comply with the
following standards:
(1)
No newsrack shall exceed four feet in height, three
feet in width or two feet in depth.
(2)
No newsrack shall be chained, bolted or otherwise
attached to any property owned or maintained by the Village of Fayetteville.
(3)
No newsrack shall be placed, installed, used or maintained:
(a)
Without obtaining a permit from the Codes Enforcement
Officer of the Village of Fayetteville according to procedures and
for such fees as may be determined by the Board of Trustees.
[Amended 1-14-1991 by L.L. No. 1-1991]
(b)
Within three feet of any crosswalk.
(c)
Within 15 feet of any fire hydrant.
(d)
Within five feet of any fire or police call
box or other emergency facility.
(e)
Within five feet of any driveway, public or
private.
(f)
Within three feet ahead or 15 feet to the rear
of any designated bus stop, taxi stand or place marked for handicapped
parking.
(g)
Within three feet of any bus bench or shelter.
(h)
At any location whereby the clear space for
the passageway of pedestrians is reduced to less than four feet.
(i)
Within three feet of any display window of any
building abutting the sidewalk or other public place in such a manner
as to impede or interfere with the reasonable use of such window for
display purposes.
(4)
No newsrack shall be used for advertising signs or
publicity purposes other than that which is essential to identify,
on no more than two sides of the newsrack, the newspaper, periodical
or other printed matter offered for sale therein. No letter thereon
shall exceed two square inches in size. Advertising signs, promotional
decorations, banners and moving signs shall not be permitted on the
newsrack, except as otherwise provided in this subsection.
(5)
Each newsrack shall be maintained in a clean and neat condition and in good repair at all times, and it shall be of one color that does not unnecessarily contrast with the immediate surroundings, except that the lettering permitted in Subsection C(4) of this section may contrast with such one color. Neither such one color nor any of the permitted lettering shall employ reflectorized paint, Day-glo, fluorescent or Scotchlite reflective materials or materials of like nature.
(6)
Every person who places or maintains a newsrack on
the streets of the Village of Fayetteville shall have his name, address
and telephone number affixed thereto in a place where such information
may easily be seen.
The provisions of this chapter shall apply to
existing newsracks within the Village of Fayetteville, except that
the distributors thereof shall have 30 days within which to comply
with the said provisions or such additional time as may be allowed
in the discretion of the Board of Trustees.
A.
If any distributor violates any provision of this chapter, it shall be the duty of the Codes Enforcement Officer to determine whether or not such a violation has occurred and thereafter to notify the distributor to correct the violation within three 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 three 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 § 111-2C(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 § 111-2C(6) above.
[Amended 1-14-1991 by L.L. No. 1-1991]
B.
If said violation is not corrected within such three-day
period or such further reasonable period as may be granted by the
Board of Trustees, the Department of Public Works shall be directed
by the Mayor 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 Village Attorney.
C.
If such newsrack is not claimed as provided in the
Personal Property Law, it shall be treated as abandoned property and
disposed of as provided therein.
