A.
The intent and purpose of this chapter is to:
(1)
Establish a comprehensive set of regulations applicable to newsracks
on the public right-of-way and other public property.
(2)
Advance and improve safety and aesthetics by controlling the number,
size, construction, placement and appearance of newsracks without
restricting the free dispersal of information guaranteed by the Constitution
of the United States and the state.
(3)
Promote the public peace, morals, health, safety and general welfare
by regulating the placement, appearance, servicing and insuring of
newsracks so as to protect against:
(a)
The dangers of impairing or distracting the vision of motorists
and pedestrians;
(b)
The hazards of unreasonably interfering with or impeding the
flow of pedestrian or vehicular traffic, including ingress into or
egress from any residence or place of business, or from the street
to the sidewalk by persons exiting or entering parked or standing
vehicles;
(c)
Unreasonably interfering with the use of public property for
its intended purpose;
(d)
Unduly restricting access to the use of poles, posts, traffic
signs or signals, hydrants, mailboxes or locations used for transportation
purposes;
(e)
Unsightly structures;
(f)
Neglectful servicing of newsracks resulting in visual blight
on public rights-of-way and other public property and detracting from
the aesthetics of store window displays, adjacent landscaping and
other improvements;
(g)
Reduction in the value of surrounding property;
(h)
Unnecessary exposure of the Village to personal injury or property
damage claims or suits; and
(i)
Public dissemination and/or display of harmful or offensive
matters to minors.
B.
The Village Council finds and determines that the strong and competing
interests of the public and of newspapers require a reasonable accommodation
which can only satisfactorily be achieved through the means of this
chapter which is designed to accommodate such interests by regulating
the time, place and manner of using newsracks. 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 newspapers.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers or news periodicals.
That area between the sidewalk and the curb of any street
and, where there is no sidewalk, that area between the edge of the
roadway and the property line adjacent thereto. "Parkway" also includes
any area within a roadway which is not open to vehicular travel.
Parks, squares, plazas and any and all other real property
owned by the Village.
Land which by deed, conveyance, agreement, easement, dedication,
usage or process of law is reserved for and dedicated to the general
public for street, highway, alley, pedestrian walkway, storm drainage,
bicycle path or other purposes.
That portion of a street improved, designed or ordinarily
used for vehicular travel.
Any surface provided for the exclusive use of pedestrians.
All that area dedicated to public use for public street purposes
and includes, but is not limited to, roadways, parkways, alleys and
sidewalks.
A.
The provisions of this chapter shall apply to all newsracks, whether
installed and maintained prior to or after the effective date of any
of the provisions in this chapter. Those newsracks installed prior
to the effective date of any provision enacted in this chapter shall
be brought into compliance with such provisions within 30 days of
the effective date thereof.
A.
Any newsrack installed, used or maintained in violation of the provisions
of this chapter may be subject to removal and storage by the Village
Manager or his designee. Such officer shall take steps to notify the
permittee/owner thereof and request compliance within 30 calendar
days prior to removal. At any time within such thirty-day period,
an administrative hearing to challenge the existence of a violation
may be requested by the permittee. Failure to request the hearing
shall result in removal and storage of the newsrack by the Village
Manager or his designee at any time after the expiration of the thirty-day
period.
B.
If the permittee requests a hearing as provided in Subsection A of this section, such hearing shall be scheduled within five days of the request and shall be administered by the Village Manager or his designee. The permittee shall have 30 days from the date of any adverse ruling which may result from the hearing to comply with the provisions specified in the ruling. If after 30 days from the date of the decision, the permittee has failed to comply with the provisions of this chapter cited in the decision, the subject newsrack shall be removed and stored by the Village Manager or his designee.
C.
The cost of removal and/or storage by the Village Manager of any
newsrack subject to this section shall be chargeable as a civil debt
to the permittee thereof and may be collected by the Village in the
same manner as it collects any other civil debt or obligation. In
addition, the newsrack in question shall be deemed to be unclaimed
property and may be disposed of in accordance with law.
D.
In the case of violation of this chapter relative to restrictions
upon attachment of newsracks to property or fixed objects other than
that owned by the owner of the newsracks, and restrictions upon location
of newsracks, the Village Manager or any person designated by him,
may, as an alternative to removal, remove such attachment and/or move
such condition, and thereafter the permittee shall be notified of
such corrective action and shall pay the cost thereof.
E.
The Village Manager or any person designated by him may summarily
remove any newsrack where its installation, use or maintenance poses
a danger to pedestrians or vehicles, or otherwise unreasonably interferes
with the safe use of any public right-of-way or other public property.
After the removal of the newsrack, the permittee shall be notified
thereof. Upon failure of the permittee, following such notice, the
newsrack shall be deemed unclaimed property in possession of the Village
and may be disposed of pursuant to law.
