This Article shall be known as the "Streets and Sidewalks Ordinance of the Town of Smithtown."
[Adopted 12-4-1984]
A.
The following definitions shall govern the interpretation of this Article unless otherwise expressly defined herein. Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory.
B. DISTRIBUTOR NEWSRACK PERSON SIDEWALK STREET TOWN
As used in this Article, the following terms shall have the meanings indicated:
The person responsible for placing and maintaining a newsrack in a public right-of-way.
[Added 6-24-1986]
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers, periodicals or other printed matter and commonly known as "honor boxes."
[Added 6-24-1986]
Includes a natural person or persons, corporation, copartnership, unincorporated association or any other organization of two or more persons, who is or are the owner or owners, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or agent directly or indirectly in control of a building within the confines of the Town as defined aforesaid.
The area between the curbline and the abutting property owner's line.
All that area dedicated to public use for public street purposes, and shall include but not be limited to roadways, parkways, alleys and sidewalks.
[Added 6-24-1986]
Includes all areas within the Town of Smithtown, exclusive of areas wholly within any incorporated villages.
Owners, occupants, lessors or persons in control of all buildings or structures used for commercial purposes and the owners or occupants of lands fronting or abutting on any street or highway in a business or industrial district shall maintain and repair the sidewalks adjoining their lands and shall keep such sidewalks free and clear of and from snow, ice and all other obstructions. Such owner, occupant or lessor, and each of them, shall be liable for any injury or damage by reason of omission, failure or negligence to maintain or repair such sidewalk or to remove snow, ice or other obstructions therefrom.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Town shall keep the sidewalks and parking areas on, and the sidewalks in front of, their business premises free from litter and shall sweep clean the sidewalks on and in front of their premises before 10:00 a.m. of each day except Sundays and legal holidays.
A.
Upon default, the Town may cause such sidewalks to be maintained or repaired.
B.
The total expense of such maintenance and repair and the cost of insurance indemnifying the Town against any loss arising from injuries to persons or property as a result of such default on the part of the owner shall be assessed on the real property on which such work was done, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
[Added 6-24-1986]
A.
Legislative declaration. The unregulated placement of newsracks in public streets and 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, whether automobiles, taxicabs, private liveries or omnibuses, and buildings and persons performing essential utility, traffic-control and emergency services. These unregulated newsracks are so located as to cause an inconvenience or danger to persons using public rights-of-way, are unsightly and constitute a public nuisance. The provisions contained in this Article are in pursuance of and for the purpose of securing and promoting the public health, morals and general welfare of persons in the Town of Smithtown in their use of public rights-of-way.
B.
Prohibition; standards.
(1)
No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street.
(2)
No person shall install, use or maintain any newsrack which, in whole or in part, rests upon, in or over any sidewalk or other public place when such installation, use or maintenance endangers the safety of persons or property or when such site or location is used for public utility purposes, public transportation purposes or 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 vehicle or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near said location.
(3)
Any newsrack which, in whole or in part, rests upon, in or over any sidewalk or other public place shall comply with the following standards:
(a)
No newsrack shall exceed four feet in height, 30 inches in width or two feet in depth.
(b)
No newsrack shall be chained, bolted or otherwise attached to any property owned or maintained by the Town of Smithtown.
(c)
No newsrack shall be placed, installed, used or maintained:
[1]
Within three feet of any crosswalk.
[2]
Within 15 feet of any fire hydrant.
[3]
Within five feet of any fire or police call box or other emergency facility.
[4]
Within five feet of any driveway, public or private.
[5]
Within three feet ahead or 15 feet to the rear of any designated bus stop, taxi stand or place marked for handicapped parking.
[6]
Within three feet of any bus bench or shelter.
[7]
At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet.
[8]
Within three feet of any display window of any building abutting the sidewalk or other public place in such a manner as to impede or interfere with the reasonable use of such window for display purposes.
(d)
No newsrack shall be used for advertising signs or publicity purposes other than that which is essential to identify, and no more than two sides of the newsrack, the newspaper, periodical or other printed matter offered for sale therein. No letter thereon shall exceed two square inches in size. Advertising signs, promotional decorations, banners and moving signs shall not be permitted on the newsrack, except as otherwise provided in this subsection.
(e)
Each newsrack shall be maintained in a clean and neat condition and in good repair at all times, and it shall be of one color that does not unnecessarily contrast with the immediate surroundings, except that the lettering permitted in Subsection B(3)(d) and B(3)(f) of this section may contrast with such one color. Neither such one color nor any of the permitted lettering shall employ reflectorized paint, Day-Glo, fluorescent or scotchlite reflective materials or materials of like nature.
(f)
Every person who places or maintains a newsrack on the streets of the Town of Smithtown shall have his name, address and telephone number affixed thereto in a place where such information may easily be seen.
(g)
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.
(h)
No newsrack shall be placed or allowed to remain within 100 feet of any other newsrack on the same side of the street in the same block which contains the same issue or edition of the same newspaper or news periodical.
[Amended 7-14-1992 by L.L. No. 5-1992]
Any person violating any provisions of this article shall be guilty of an offense punishable by fine or imprisonment, or both; however, for the purpose of conferring jurisdiction upon courts and judicial officers, such violation shall be deemed a misdemeanor and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. Notwithstanding the foregoing, any person violating any provisions of this article shall be subject to a penalty in the sum of not more than $250 for the first violation and in the sum not to exceed $500 for subsequent violations. Said penalties to be recovered in a civil action in the name of the Town of Smithtown.
[Amended 5-8-2007; 5-22-2025 by Res. No. 2025-566]
This article shall be enforced by the Ordinance Inspectors or the Chief Building Inspector of the Town or by deputies whom said Chief Building Inspector designates for this purpose.