[HISTORY: Derived from Sec. 53 of Ch. IV of the Charter and
Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
A.
It shall be lawful to place, maintain and operate, on the City's
right-of-way, collection boxes for parcels, packages or mail in accordance
with the following conditions:
(1)
The Director of Licenses may issue a license to place and maintain
such boxes on the City right-of-way upon receipt of an application
for said placement, describing in detail the size, weight and appearance
of said collection box, along with all approved plans for the manner
of securing of said box to the City right-of-way. Such box shall be
constructed in accordance with specifications approved by the Director
of Licenses, including the requirements that each box shall be firmly
bolted to a concrete base at all four (4) corners.
(2)
No box shall be placed closer than eighteen (18) inches from a curb.
(3)
No license shall be issued for the placement of a box in a park or
parkway without prior approval of the Commissioner of Parks.
(4)
Each box shall be maintained in a safe and cleanly condition and
shall be kept in a workable condition. The method approved for securing
said box to the City right-of-way shall also be maintained and kept
in good repair.
(5)
No box shall be placed or used on or in any street or public ground
in such a manner as to obstruct or interfere with any owner's
easement of access to any premises abutting upon or near the location
of such box, nor shall any such box or the wiring or appurtenances
attached thereto be permitted to become or be a nuisance or hazard
to users of the public streets and public grounds or permitted to
obstruct the vision of motorists at street intersections.
(6)
No license shall be issued nor any box placed until the licensee,
as a prior condition to the issuance of any license hereunder, files
with the Comptroller its written undertaking to indemnify and save
harmless the City against and from any loss, liability, damage, expense,
claim, lien, proceeding or action arising out of or caused by the
permitting, placement, location, operation, use and construction of
any such box or facilities, attachments or appurtenances thereto,
such indemnification to cover and apply to every such box placed or
permitted in the City and to continue in effect until canceled by
the City. Such undertaking shall provide for indemnity to the City
for any damage to its streets or public grounds or public buildings
by reason of the placement or removal of such box.
(7)
No box may be placed or maintained in any district zoned R1 or R2,
nor shall a license be issued for placement of such box on a street
in an R District unless written consent of the owners of all property
fronting on both sides of such street is filed with the application
for the placement of said box for a distance of four hundred (400)
feet on each side of the proposed location.
(8)
A sketch of the location of a proposed box and a description of the necessary wiring shall be provided, and such location and placement must be approved by the Commissioner of Public Works before the issuance of a license which is to be approved by the Director of Licenses. The annual license fee shall be as set forth in Chapter 175, Fees, per box, and such license shall expire on January 1 of each year. The Director of Licenses may revoke any such license at any time for a violation of any ordinance or regulation pertaining to the maintenance of said box. It shall be the duty of the licensee or owner of the box upon five (5) days' written notice from the Director of Licenses to said licensee or owner to immediately remove such box and equipment and replace the street or public place in a safe condition as approved by the Commissioner of Public Works.
[Amended 2-4-1992, effective 2-18-19921
B.
This section shall not apply to any box placed for the collection
or distribution of mail by the United States or any of its agencies.
