[Adopted 4-8-2008]
A.
The purpose of this article is to provide uniform
guidelines for and to regulate the installation, operation and maintenance
of newsracks in public rights-of-way in the Town of Manchester so
that such newsracks shall not unduly obstruct sidewalks, interfere
with the public's right to unhampered passage therein, create traffic
congestion or illegal parking or stopping by motorists in order to
purchase newspapers or other periodicals, damage municipal property
because of the chaining of newsracks to poles, traffic standards,
trees or other fixtures, interfere with the performance of municipal
services, create unsightly conditions and endanger the safety and
welfare of the inhabitants of the Town of Manchester.
B.
The First Amendment of the Constitution of the United
States has been interpreted by the courts as prohibiting the banning
of newsracks. It is not the intent of this article to discriminate
against, regulate or interfere with the publication, circulation,
distribution or dissemination of any printed material which is constitutionally
protected. To that end, the content of any material distributed through
a newsrack shall not be used to form the basis for any action taken
to enforce the provisions of this article.
For the purposes of this article, the following
words and phrases shall have the meanings ascribed herein.
A newsrack shall be considered to be abandoned if any of
the following conditions exist:
A newsrack has been empty for 30 days.
The distributor has not responded within 10
days, excluding Saturdays, Sundays and legal holidays, of the mailing
of an order of violation.
The distributor has not returned a completed
renewal permit within 30 days of the mailing of the renewal permit
to the distributor.
Thirty days have passed since the newsrack has
been impounded.
The portion of the right-of-way located on one side of the
street between two consecutive intersecting streets.
The head of the Town of Manchester Public Works Department
or his or her designated representative.
Any person responsible for the placement, installation, operation
or maintenance of a newsrack in a public right-of-way.
The General Manager of the Town of Manchester or his or her
designated representative.
The act of seizing, removing, storing and/or disposing of
the newsrack.
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, operated or maintained for the
display and distribution or sale of newspapers, periodicals and other
printed materials.
An individual person, firm, partnership, corporation or other
entity.
Any area owned and/or maintained by the Town of Manchester
or any other governmental entity, open for use by the public for vehicular
or pedestrian travel, including, but not limited to, roadways, sidewalks,
streets, alleys, public grounds or other rights-of-way, but does not
include schools, trails, parks, pools, playgrounds and other recreational
facilities.
The portion of the street improved, designated and used for
vehicular travel.
The portion of the street, normally located between the curbline
and the adjacent property line, which is improved, designated and
ordinarily used for pedestrian travel.
The entire area encompassed by the roadway and the sidewalk.
It shall be unlawful for any person or distributor
to erect, place, maintain or operate a newsrack within any public
right-of-way in the Town of Manchester without first having obtained
a permit from the Director of Public Works.
[Amended 9-9-2008]
A.
Application for a permit for a newsrack shall be made
to the Director of Public Works or his or her designated representative
on a form provided by the Town.
B.
Each application shall include and be accompanied
by the following:
(1)
Name, business address and telephone number(s) at
which the applicant and the person(s) responsible for the placement,
installation, operation and maintenance of the newsrack(s) can be
reached during normal business hours.
(2)
The number of newsracks to be placed or installed.
(3)
A description and picture of the proposed location
for each newsrack.
(4)
A description or picture of the newsrack or newsracks
to be installed, including, but not limited to, the make and model
number and brief description of the dimensions.
(7)
Authorized signature by the applicant.
A.
Applications will be processed in the order received.
B.
The applicant shall be notified in writing as to the
action taken within 10 business days of receipt of a complete application.
Any denial of a permit shall be set forth in writing and contain the
specific reasons for such denial consistent with the provisions in
this article.
[Amended 9-9-2008]
A.
Permits shall be valid for a period of three calendar
years with the initial year commencing the January first immediately
following the date of the initial applications. Thereafter, all permits
must be renewed between December 1 and December 31 of the year of
expiration.
B.
Permit holders shall be responsible for notifying
the Town of any changes to the name, business address and telephone
number(s) at which the applicant or permit holder and the person(s)
responsible for the placement, installation, operation and maintenance
of the newsrack(s) can be reached.
C.
All newsracks shall be in full compliance with the
requirements for placement, installation, operation and maintenance
as set forth in this article.
Each applicant for a newsrack permit shall file
a written statement with the Director of Public Works in a form satisfactory
to the Town Attorney, whereby such owner agrees to indemnify and hold
harmless the Town, its officers, employees and agents from any loss,
liability, damage or claims, including expenses and costs, for bodily
or personal injury, and for property damage sustained by any person
as a result of the placement, installation, operation and/or maintenance
of a newsrack within the Town of Manchester. Said statement shall
also certify that the Town is not liable for any damage to such newsracks.
[Amended 9-9-2008]
A.
Each applicant for a newsrack permit shall provide
the Town of Manchester with a certificate of liability insurance coverage
issued by an insurance company licensed to do business in the State
of Connecticut, insuring the applicant and the Town against all claims
resulting from bodily injury, including death, and damages to property
which could arise in connection with the placement, installation,
operation and/or maintenance of a newsrack in the Town of Manchester.
B.
The certificate of insurance shall state that the
coverage afforded thereunder shall be primary coverage for any claims
within its scope. Minimum liability coverage of such policy shall
be not less than $500,000 per occurrence.
C.
The policy, by its terms, shall not be cancelable
prior to the expiration date of the permit without 30 days' written
notice to the Town.
Each applicant shall affix to the newsrack the
identification tag provided with the approved permit issued by the
Town. The tag shall be placed on the newsrack at the location indicated
in the permit and must be affixed to the newsrack prior to the placement
and installation of the newsrack.
[Amended 9-9-2008]
A.
The Director of Public Works shall approve the location, number and placement of newsracks in conformity with this section and the principles and standards established in § 279-36. The provisions of this section regarding the location, placement and number of newsracks shall apply to all streets or rights-of-way, except to the Downtown Newsrack Placement Zone, which is defined in Subsection G of this section.
B.
No person shall place, use or maintain any newsrack
which in whole or in part rests upon, in or over any portion of any
street or other right-of-way on which motor vehicles are lawfully
permitted.
C.
No person shall place, use or maintain any newsrack
which in whole or in part rests upon, in or over any street, sidewalk
or other public right-of-way, when such placement, use or maintenance
endangers the safety of persons or property, or unreasonably interferes
with public utility purposes, public transportation purposes or other
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 vehicles, the use of poles, posts, traffic signs
or signals, police or fire call boxes, transit shelters, sidewalk
elevators, mailboxes or other objects permitted at or near said location,
or access to or use of delivery areas or loading zones.
D.
Newsracks shall be located in accordance with the
following provisions:
(1)
All newsracks must be located a minimum of 18 inches
from the curb.
(2)
The display portion of all newsracks shall face away
from the street whenever possible.
(3)
No newsrack shall be chained, bolted, or otherwise
attached to any tree, traffic pole, light pole or other fixed object
located within the public right-of-way.
(4)
In areas where more than one newsrack is located,
they shall be placed in a single row, parallel to the curb, one next
to each other. However, no group of newsracks shall extend for a distance
of more than 15 feet along a curb. The distance between individual
groups shall be a minimum of 200 feet; however, the distance between
individual groups of newsracks or any individual newsrack shall be
a minimum of 1,500 feet in any residential zone.
(5)
No newsrack shall be placed or installed:
(a)
Within five feet of any crosswalk or sidewalk
access ramp.
(b)
Within 10 feet of any fire hydrant, fire call
box, police call box or other emergency facility.
(c)
Within 10 feet of any driveway.
(d)
Within two feet of any bus bench or shelter.
(e)
At any location where the clear space or sidewalk
space for the passage of pedestrians is reduced to less than 32 inches
in width.
(f)
At any location that impedes or interferes with
the driver sight lines at intersections, ingress to or egress from
public transportation at designated bus stops, or with the reasonable
use of any building, the activity of any business or the use of any
commercial window display or sidewalk cafe.
E.
No more than 12 newsracks shall be located within
the same block. In the event there are more applications for newsrack
locations in any given block that would cause that block to exceed
12 newsracks, then the Director of Public Works shall assign locations
at random by lot by drawing, one by one, until the maximum number
of 12 locations is filled.
F.
Notwithstanding these guidelines, no publication shall
be entitled to more than two newsracks within the same block.
G.
The "Downtown Newsrack Placement Zone" is defined
as that portion of Main Street bordered on the north by the intersection
of Center Street and East Center Street and on the south by the intersection
of Hartford Road and Charter Oak Street. A map designating the placement
and number of newsracks within the zone, entitled "Downtown Newsrack
Placement Zone Location Map," shall be prepared and filed in the office
of the Director of Public Works. The total number of newsracks permitted
in the zone shall not exceed 12 times the number of blocks in the
zone. There shall be no reduction in the total number of newsracks
in existence as of July 1, 2008, in the zone for any one vendor as
a result of these regulations.
Any newsrack which rests in whole or in part
upon or 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 comply
with the provisions of this section:
A.
No newsrack shall exceed 50 inches in height, 30 inches
in width and 30 inches in depth.
B.
No newsrack shall be used for advertising signs or
publicity for any purpose other than that associated with the newspaper
or periodical being distributed or sold within that newsrack.
C.
Each newsrack shall be constructed of materials capable
of resisting the harsh and variable weather conditions presented by
the New England environment.
D.
Each newsrack shall be equipped with a sturdy, self-closing
access door.
E.
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 the person is unable to receive the
paid-for publication. The coin-return mechanism shall be maintained
in good working order.
F.
Each newsrack shall be weighted and balanced so as
to be self-supporting and eliminate the need to secure it to either
the sidewalk or any other structure or device in order to prevent
it from being tipped by the opening of its door or by the impact of
snow cast by a passing snowplow.
G.
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 is reasonably free of dirt and grease.
(2)
It is reasonably free of chipped, faded, peeling and
cracked paint and graffiti in the visible painted areas thereof.
(3)
It is reasonably free of rust and corrosion in the
visible unpainted metal areas thereof.
(4)
The clear plastic or glass parts through which the
publications therein are viewed, if any, are unbroken and reasonably
free of cracks, dents, blemishes and discoloration.
(5)
The paper or cardboard parts or inserts thereof are
reasonably free of tears, peeling or fading.
(6)
The structural parts thereof are not broken or unduly
misshapen.
(7)
It shall not contain any materials which pre-date
the current issue of the publication. Such materials shall not be
deposited in any public trash receptacle owned by the Town of Manchester
and shall not be deposited in any privately owned trash receptacle
without the permission of the owner or renter thereof. In the event
that the publication is manufactured from recyclable material, it
shall be discarded in an appropriate manner for that type of recyclable
material.
H.
No newsrack shall contain or utilize any electrically
powered illumination or sound.
A.
Existing newsracks will be allowed to continue in their current locations, provided they are not determined to be a public nuisance or a danger to the public health, safety and welfare in the sole discretion of the Director of Public Works or his or her designated representative, subject to the conditions set forth in Subsection B herein, for a period of six months from the effective date of this article. After the expiration of this initial six month period, all existing newsracks shall comply with the provisions of this ordinance.
B.
In order to benefit from this section, a distributor
or owner must, within 60 days of said effective date, report to the
Director of Public Works or his or her designated representative,
the number and location of each newsrack in existence as of said effective
date. Such inventory shall be conclusive as to the existence and location
of such newsracks.
A.
Any newsrack determined by the Town to be in violation
of this article may be impounded by the Town pursuant to the provisions
of this section.
B.
Upon determination by the Director of Public Works
or his or her designated representative, that a newsrack has been
placed, installed, operated and/or maintained in violation of the
provisions of this article, an order to correct the offending condition
shall be issued to the distributor of the newsrack. Such order shall
be in the form of a certified letter, return receipt requested. The
order shall specifically describe the offending condition, suggest
actions necessary to correct the condition and inform the newsrack
distributor of the right to appeal.
C.
If the violation poses a significant danger to pedestrian
and/or vehicular traffic, the Town may impound the newsrack immediately
and without prior notice to the distributor. The distributor shall
be notified of the impoundment as soon as is reasonable in accordance
with the procedures set forth herein. An impound fee, as set forth
in the Public Works Department's Schedule of Fees, shall be assessed
against the distributor of each newsrack summarily impounded.
D.
Upon written notification by the distributor that
the violations have been corrected, the Director of Public Works shall
cause an inspection to be made of the newsrack in question. The distributor
of said newsrack shall be charged an inspection fee as set forth in
the Public Works Department's Schedule of Fees. This fee shall be
in addition to any other fees and charges required under this article.
E.
Failure to remedy the violation within 10 days of the mailing date of the order, excluding Saturdays, Sundays and legal holidays shall result in the newsrack being impounded and processed as unclaimed property, unless an appeal shall have been filed in accordance with § 279-49 of this article.
F.
If a newsrack is in violation of this article and the distributor cannot be properly identified under provisions of § 279-39 herein, it shall be impounded immediately and stored as unclaimed property. An impound fee, as set forth in the Public Works Department's Schedule of Fees, shall be assessed against each newsrack summarily impounded.
G.
Any newsrack which has been left empty for a period
of 30 days shall be deemed abandoned and may be impounded in accordance
with the procedures set forth herein.
H.
Any newsrack impounded by the Town shall be retained
for a period of 30 days, subject to recovery by the distributor or
other person evidencing ownership. Newsracks which are not claimed
by the distributor or rightful owner within 30 days following impoundment
shall be deemed permanently abandoned and may be disposed of by the
Town, in accordance with state statutes and Town ordinances.
A.
Any person aggrieved by a finding, determination,
notice, order or action taken under the provisions of this article
may appeal to the General Manager.
B.
A letter of appeal, briefly stating the basis for
such appeal, must be filed with the General Manager by the distributor
of the newsrack, within five days after receipt of any notice of violation
or decision.
C.
A hearing shall be held by the General Manager or
his or her designee on a date not more than 30 days after receipt
of the letter of appeal.
D.
The appellant shall be given at least five days' notice
of the time and place of the hearing. The General Manager 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 Director
of Public Works should not be upheld.
E.
At the conclusion of the hearing, the General Manager
shall make a final and conclusive decision. Any aggrieved person may
bring a civil suit to review the decision of the General Manager.
F.
Nothing contained in this article shall be interpreted
to limit or impair the exercise by the Town of Manchester of its police
powers to remove any newsrack which presents a clear and present danger
of imminent personal injury or property damage to users of the public
rights-of-way.
If any section, subsection, sentence, clause,
or phrase of this article is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of the article.
The effective date of this article shall be
July 1, 2008.
