[HISTORY: Adopted by the Board of Trustees
of the Village of Bronxville 3-10-2008 by L.L. No. 1-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 210.
A.
Findings. The Board of Trustees of the Village of
Bronxville hereby finds that:
(1)
The uncontrolled placement, lack of maintenance, and
the attachment of newsracks to municipal property in public rights-of-way
present a 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.
(2)
Newsracks located so as to obstruct walkways or crosswalks
or to endanger persons using public rights-of-way constitute public
nuisances.
(3)
The existence of these factors constitutes an unreasonable
interference with and obstruction of the use of public rights-of-way;
a potentially dangerous condition; and an obstruction of the free
use of property as to interfere with the comfortable enjoyment of
life and property by the entire community.
(4)
The Village Board of Trustees recognizes, however,
that the use of such rights-of-way is historically associated with
the sale and distribution of newspapers and publications and that
access to those areas for such purposes should not be absolutely denied.
The Village Board of Trustees further finds that these strong and
competing interests require a reasonable accommodation which can be
achieved satisfactorily only through the means of this chapter, which
is designed to accommodate such interests regulating the place and
manner of using such newsracks.
B.
Purpose. The provisions and prohibitions of this chapter
have the purpose of securing and promoting the public health, safety
and general welfare of persons in the Village in their use of public
rights-of-way through the regulation of placement, appearance, number,
size and servicing of newsracks on the public rights-of-way so as
to:
(1)
Provide for pedestrian and driving safety and convenience.
(2)
Ensure no unreasonable interference with the flow
of pedestrian or vehicular traffic, including ingress to, or egress
from, any place of business or from the street to the sidewalk, or
access to drop curb cuts.
(3)
Provide reasonable access for the use and maintenance
of sidewalks, poles, posts, traffic signs, hydrants and similar appurtenances.
(4)
Protect the aesthetics and value of surrounding properties.
(5)
Reduce exposure of the Village to personal injury
or property damage claims and litigation.
(6)
Protect the right to distribute information protected
by the United States and New York State constitutions through the
use of newsracks.
C.
Preservation of constitutional rights. It is not the
intent of this chapter to, in any way, discriminate against, regulate
or interfere with the publication, circulation, distribution or dissemination
of any printed material that is constitutionally protected.
As used in this chapter, the following terms
shall have the meanings indicated:
One side of the street between two consecutive intersecting
streets.
The person responsible for placing and maintaining a newsrack
in a public right-of-way.
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display,
sale or distribution of newspapers, advertising materials, or other
written materials.
The area between property lines which may be unimproved or
surfaced and which may include public highways, streets, roadways
and sidewalks.
That portion of a street improved, designed or ordinarily
used for vehicular travel.
Any surface provided for the exclusive use of pedestrians.
All the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, highways, alleys,
sidewalks and unimproved areas.
Refers to the Village Engineer of the Village of Bronxville
or the designee of the Village Engineer.
It shall be unlawful for any person, firm or
corporation to install, place, maintain or operate on any public street
or sidewalk or in any other public way or place in the Village any
newsrack without first having obtained a permit from the Village Engineer
specifying the exact location of such newsrack. One permit may be
issued to include up to five newsracks, provided that all newsrack
locations are indicated on the permit.
A.
Application for such permit shall be made, in writing,
to the Village Engineer upon such form as shall be provided by him
or her and shall contain the name and address of the applicant, the
contact person's name, title, telephone and facsimile number and e-mail
address, and the proposed specific location of each newsrack. In addition,
the applicant must provide the physical dimensions of the newsrack
and a description of how each newsrack will be secured and said application
shall be signed by the applicant.
B.
From the above information, the Village Engineer shall
approve or disapprove the locations in accordance with the standards
and criteria set forth in this chapter within 15 days of filing a
complete application for such permit. In any case where the Village
Engineer disapproves of a particular location, such disapproval shall
be without prejudice to the applicant designating a different location.
C.
The Village Engineer shall grant a permit if the location
and installation of the newsrack complies with all of the standards
and criteria set forth in this chapter and if all other requirements
of this chapter are met.
A.
Permits may be issued for the installation of a newsrack
or newsracks without prior inspection of the location, but such newsrack
or newsracks and their installation, use or maintenance shall be conditioned
upon continued observance of the provisions of this chapter.
B.
Such permits shall be valid for one year and shall
be renewable pursuant to the criteria and standards for original applications
and upon payment of the permit fee.
C.
Newsrack permits shall not be assignable.
D.
The Village Engineer must be notified, in writing,
of a proposed newsrack replacement with a new or different newsrack
or the relocation of a newsrack to a different location, which location
shall be specified in such notice. The Village Engineer shall approve
or disapprove such replacement or relocation in accordance with the
criteria and standards set forth in this chapter for a permit within
15 days of receipt of such written notification. If the replacement
is approved by the Village Engineer, the existing permit shall be
amended to reflect the change approved.
As a condition of approval of any newsrack permit,
the distributor shall file a written statement with the Village Engineer,
in a form satisfactory to the Village Attorney, by which the owner
agrees to indemnify, hold harmless and defend the Village, its officers
and employees against any loss, liability or damage, including expenses
and costs, for bodily or personal injury and for property damage sustained
by any person as a result of the installation, use and/or maintenance
of a newsrack within the Village.
As a condition of approval of any newsrack permit,
the distributor shall file with the Village Engineer a certificate
of insurance from an AM Best A-rated insurance company authorized
to conduct business in New York, demonstrating that the distributor
has general liability insurance with the limits of at least $1,000,000
each occurrence and $2,000,000 general aggregate. The insurance policy
must name the Village of Bronxville as an additional insured. The
insurance shall be maintained during the permit period of any newsrack
and provide for not less than 30 days' notice of cancellation to the
Village Engineer.
Any newsrack that rests, in whole or in part,
on any portion of a public right-of-way or which projects onto, into
or over any part of a public right-of-way shall be located in accordance
with the following provisions:
A.
No newsrack shall project onto, into or over any part
of the roadway of any public street, nor shall it rest, wholly or
in part, upon, along or over any portion of the roadway of any public
street or be affixed to anyone else's property, public or private.
B.
Newsracks may be placed next to each other, provided
that no more than three newsracks may be grouped, which group of newsracks
shall not extend for a distance of more than eight feet. All newsracks
in a group of newsracks shall abut the adjacent newsrack in such group
unless safety considerations require otherwise. There shall be a space
of not less than three feet between each group of newsracks.
C.
No newsrack shall be placed, installed or maintained:
(1)
Within five feet of a marked crosswalk.
(2)
Within 10 feet of a street corner without a marked
crosswalk.
(3)
Within 15 feet of a fire hydrant.
(4)
Within five feet of a fire call box or police call
box.
(5)
Within five feet of a driveway or alley.
(6)
In a place that reduces the clear space for the passageway
of pedestrians to less than four feet.
(7)
On any access ramp for disabled persons.
(8)
Where such newsrack unreasonably interferes with or
impedes the flow of pedestrian or vehicular traffic, including parked
or stopped vehicles, or the ingress to or egress from any residence
or place of business.
(9)
Where such installation, use or maintenance endangers
the safety of persons or property.
(10)
Within three feet of any display window of any
building abutting the sidewalk in such a manner as to impede or interfere
with the reasonable use of such window for display purposes.
(11)
Within 250 feet of any other newsrack on the
same side of the street in the same block containing the same issue
or the same publication.
(12)
Within 50 feet of any fire or police station
D.
Except as provided in § 194-8B of this chapter, no more than one newsrack shall be located on any public right-of-way within a space of 100 feet in any direction within the same block of the same street; provided, however, that no more than eight newsracks shall be allowed on any one block except the area adjacent to the Metro-North railroad station.
Any newsrack that, in whole or in part, rests
upon, in or over any public sidewalk or street shall comply with the
following standards:
A.
No newsrack shall exceed five feet in height, 30 inches
in width, or two feet in thickness.
B.
Newsracks must be secured in a safe manner. No newsrack,
however, shall be chained, bolted or otherwise attached to any municipal
fixture, such as a parking meter, stop sign, street sign, or other
traffic sign or control device, located in the public right-of-way,
or to any tree or tree support.
C.
No newsrack shall be used for advertising signs or
publicity purposes other than those dealing with the display, sale,
purchase or distribution of the newspaper or periodical sold or distributed
in the newsrack.
D.
Each coin-operated newsrack shall be equipped with
a coin-return mechanism to permit a person using the machine to secure
an immediate refund in the event that the person is unable to receive
the publication. The coin-return mechanism shall be maintained in
good working order.
E.
Each newsrack shall have affixed to it, in a readily
visible place so as to be seen by anyone using the newsrack, the permit
number, together with a notice setting forth the name and address
of the distributor and the telephone number of a working telephone
service to call to report a malfunction or to secure a refund in the
event of a malfunction of the coin-return mechanism or to give any
notice provided for in this chapter.
F.
Any newsrack installed shall be of rigid and secure
construction to prevent the newsrack from swiveling, turning or otherwise
moving from the location of placement by the distributor. In addition,
each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
(1)
It shall not be permitted to remain empty for a period
exceeding 30 consecutive days.
(2)
It is reasonably free of dirt and grease.
(3)
It is reasonably free of chipped, peeling and cracked
paint in the visible painted areas.
(4)
It is reasonably free of rust and corrosion in the
visible unpainted metal areas.
(5)
The clear plastic or glass parts, if any, through
which the publications are viewed are unbroken and reasonably free
of cracks and dents.
(6)
The structural parts are not dented or broken.
(7)
It is free of graffiti.
G.
No newsrack shall be illuminated or connected to a
power source.
H.
No newsrack shall be placed or allowed to remain in
any location so that it interferes with the removal of snow or ice
or the removal of leaves or debris, whether the removal is a public
or private duty.
Upon determination by the Village Engineer that a newsrack has been installed, used or maintained in violation of this chapter, the Village Engineer shall issue an order to the distributor of the newsrack to correct the violation. Such order shall be sent by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the violation, suggest actions necessary to correct the condition, and inform the distributor of the right to appeal. Failure to properly correct the offending condition within 10 business days after the mailing date of the order, or to appeal the order as provided in § 194-12 within five days after its receipt, shall result in the offending newsrack being summarily removed and possessed as unclaimed property. If the offending newsrack is not properly identified as to owner under the provisions of this chapter, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the Village's cost and expense of impounding, shall be assessed against each newsrack summarily removed. The Village Engineer shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of said newsrack shall be charged an inspection fee for each newsrack so inspected in an amount established by the Village Board. This fee shall be in addition to all other fees and charges required under this chapter.
Any person who places in operation a newsrack
without first obtaining a permit or who places in operation or maintains
in place a newsrack which violates any of the provisions of this chapter
shall be guilty of a violation of this chapter. Each violation of
this chapter shall be punishable by a fine not to exceed $250 or imprisonment
for a period not to exceed 15 days, or both.
Any person aggrieved by a finding, determination,
notice, order or action taken under this chapter may appeal to the
Village Administrator or the Village Administrator's designee. An
appeal must be perfected within five days after receipt of notice
of any protested decision or action by filing with the Village Administrator
a letter of appeal briefly stating the basis for the appeal. A hearing
shall be held on a date not more than 15 days after receipt of the
letter of appeal. The appellant shall be given at least five days'
notice of the time and place of the hearing. The Village Administrator
or the Village Administrator's designee shall give the appellant,
and any other interested party, a reasonable opportunity to be heard
in order to show cause why the determination of the Village Engineer
should not be upheld. At the conclusion of the hearing, the Village
Administrator shall make a final decision. The decision shall be immediately
appealable to a court of competent jurisdiction.
Any newsrack in existence prior to the effective date of this chapter and which does not have a newsrack permit shall be removed or brought into conformance with the provisions of this chapter, including the issuance of a permit for such newsrack, within 45 days after the effective date of this chapter. If the distributor fails to comply with this provision, the Village Engineer shall issue an order to the distributor of the newsrack to correct such violation in accordance § 194-10.
Nothing contained in this chapter shall be interpreted
to limit or impair the exercise by the Village of its police power
in the event of an emergency, as determined by the Village Engineer,
to remove any newsrack that presents a danger of imminent personal
injury or property damage to users of the Village rights-of-way or
would otherwise hamper or impair the fulfillment by the Village of
its governmental obligations, including, but not limited to, snow
removal and street cleaning.
