[HISTORY: Adopted by the Common Council of the City of Glens Falls 10-11-1983 (Ch. 48 of the 1967 Code). Section 143-2B amended and § 143-8 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The Council of the City of Glens Falls finds and declares that:
The uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and 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.
Newsracks so located as to cause an inconvenience or danger to persons using public rights-of-way and unsightly newsracks located therein constitute public nuisances.
The general welfare requires that the aesthetic appearance of public rights-of-way in the City of Glens Falls, including the appearance of newsracks, be improved.
The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public safety and general welfare of persons in the City of Glens Falls in their use of public rights-of-way.
No person shall place, install or maintain any newsrack which rests in whole or in part upon, in 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, except in compliance with the provisions of this chapter.
Whenever the following words and phrases are used in this chapter, they shall have the meanings ascribed to them in this section:
- 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 publications.
- The area between the sidewalk and the curb of a roadway and, where there is no sidewalk, that area between the edge of the traveled roadway and the edge of a public right-of-way. "Parkway" also includes any area within a roadway that is not open to vehicular travel.
- PUBLIC RIGHT-OF-WAY
- Any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes but is not limited to a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square and any other similar public way.
- That part of a public right-of-way that is designated and used primarily for vehicular travel.
- That part of a public right-of-way that is designated and ordinarily used for pedestrian travel.
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or other publication sold therein.
Every newsrack shall be maintained in a neat and clean condition and be in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
It is reasonably free of dirt and grease.
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof.
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration.
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
No newsrack shall exceed five feet in height, 30 inches in width and two feet in depth.
Newsracks shall preferably be situated adjacent to the wall of a building or at the rear of the sidewalk rather than near a curb. However, if the newsrack is placed near a curb, the back of said newsrack shall be situated not less than 18 inches nor more than 24 inches from the edge of the curb. When the newsrack is placed adjacent to the wall of a building, the back of said newsrack shall be situated parallel to and not more than six inches from such wall. No newsrack shall be installed, used or maintained on any sidewalk or parkway opposite another newsstand or other newsrack.
No newsrack shall be chained, bolted or otherwise attached to any property without the express permission of the owner of said property.
Each 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 he is unable to receive the publication paid for. The coin-return mechanism shall be maintained in good working order.
Each newsrack shall have affixed to it, in a readily visible place so as to be seen by anyone using the newsrack, 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 the notices provided for in this chapter.
No person shall install, use or maintain any newsrack:
Within three feet of any marked crosswalk.
Within three feet of the curb return of any unmarked crosswalk.
Within three feet of any fire hydrant, fire call box or other emergency facility.
Within three feet ahead and 15 feet to the rear of any sign marking a designated bus stop.
In any location used, marked or posted for public utility purposes, public transportation purposes or government use.
Where placement unreasonably interferes with the use of poles, posts, traffic signs or signals, mailboxes or mechanical sidewalk-cleaning machinery.
Where placement interferes with the reasonable use or utility for display purposes of any display window of any building abutting the sidewalk or parkway but in no event within three feet of such window.
Within three feet of any area improved with lawn, flowers, shrubs or trees.
Within five feet of any driveway.
Within 50 feet of any newsroom or other place of business which sells newspapers.
Where placement unreasonably interferes with or impedes the flow of vehicular or pedestrian traffic, but in no event at any location where the clear space for the passageway of pedestrians is reduced thereby to less than five feet.
Where placement unreasonably obstructs, interferes with or impedes access to or the use of abutting property, including but not limited to residences, places of business or legally parked or stopped vehicles.
The Mayor of the City of Glens Falls can, upon good cause shown, grant a variance from the restrictions of this chapter upon a finding that it will not jeopardize the public safety in any way.
Any person, firm or corporation that violates the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.