[Adopted 6-14-2005 by L.L. No. 2-2005]
The Board of Trustees of the Village of Phoenix
finds and declares that the placement of newspaper distribution devices
in public rights-of-way presents both an inconvenience and potential
danger to the safety and welfare of persons using such rights-of-way,
including pedestrians and persons performing essential utility, traffic
control and emergency services and sidewalk maintenance and snow removal.
Moreover, such devices create a visual blight on the aesthetics and
value of Village properties and the character of the Village of Phoenix.
As used in this article, the following terms
shall have the meanings indicated:
DISTRIBUTOR
The person responsible for placing and maintaining a newspaper
distribution device in a public right-of-way.
NEWSPAPER DISTRIBUTION DEVICE
Any self-service, coin-operated box, or stand, rack, container,
storage unit or other dispenser installed, used or maintained for
the purpose of offering for sale, vending, distributing, delivery,
or giving away of any publication.
ROADWAY
The portion of a street improved, designed or ordinarily
used for vehicular travel.
SIDEWALK
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians.
STREET
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, film or
corporation to erect, place, maintain or operate on any public street,
sidewalk, right-of-way, or any other public way or place within the
Village of Phoenix any self-service or money-operated box, container,
device, storage unit or other type of dispenser which is used or maintained
for the display, sale, or distribution of any newspaper(s), newsletter(s)
or other news periodical(s).
Excepted herefrom shall be:
A. Any newspaper distribution device(s) serving a residence
and affixed to any U.S. Post Office designated postal box erected
for the delivery of the U.S. mail, in which case such device may be
placed on the same structure as the U.S. Postal Service mail delivery
box;
B. Any other newspaper distribution device placed on
real property, the principal use of which is a retail sales or service
facility, provided that the Board of Trustees grants such exception,
with whatever conditions it deems appropriate, only upon a finding
that the granting of same will not violate the intent of this article.