For purposes of this Article 4, the following terms shall have
the meanings indicated:
A container constructed of metal or other materials of substantially
equivalent strength and durability which is used for the dispensing
of newspapers, fliers, handbills, or other similar printed materials
at a cost or free of charge.
No newspaper dispensing device shall be placed or located within
a public right-of-way, or otherwise along or on the streets, thoroughfares,
parkways or sidewalks within the Village, except in strict compliance
with the following conditions, restrictions, and requirements:
(A)
Newspaper dispensing devices shall not be placed in a residential
zoning district of the Village, except if located within 100 feet
of a place of worship, educational institution, park or other place
of public assembly.
(B)
Newspaper dispensing devices shall be placed adjacent and parallel
to building walls not more than six inches distant therefrom, or near
and parallel to the curb not less than 18 inches and not more than
24 inches distant from the curb.
(C)
No newspaper dispensing device shall exceed: (1) four feet in height;
(2) 24 inches in width; or (3) 20 inches in depth.
(D)
No newspaper dispensing device shall be placed, installed, located
or used or maintained:
(1)
Within 15 feet of any fire hydrant or other emergency facility;
(2)
Within 20 feet of any fire station driveway or any intersecting
driveway, alley or street;
(3)
Within 20 feet of any marked crosswalk at an intersection;
(4)
Within 30 feet of a stop sign, yield sign or traffic control
sign;
(5)
Adjacent to parallel parking spaces or on the curb in front
of angle parking spaces;
(6)
At any location where the width of paved clear space in any
direction for the passage of pedestrians is reduced to less than five
feet;
(7)
Within 500 feet of any other newspaper dispensing device containing the same newspaper or news periodical, except that the Village Manager may permit up to three such dispensing devices near an intersection where such placement does not impair the line of sight among vehicles and/or pedestrians and is consistent with Section 6-5-5 of this Code;
(8)
So as to be chained or otherwise secured to any tree, utility
pole, light pole, parking meter, traffic control post, street signpost,
or other public property;
(9)
On or within any median within any public right-of-way;
(10)
So as to project into any part of the public right-of-way or
along the streets, thoroughfares, parkways and sidewalks within the
Village unless authorized by a properly issued Village permit;
(11)
So to project into any area within the line of sight triangle as set forth in Section 6-5-5 of this Code;
(12)
On or interfering with any handicapped/disability access ramp.
(E)
The owner of each newspaper dispensing device shall maintain the
device in good working order, in a safe and clean condition, in such
a manner that:
(1)
It is reasonably free of dirt and grease;
(2)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof;
(3)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
(4)
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;
(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 disfigured;
(7)
The device shall display a working telephone number for refund
in case of malfunctioning of the device and shall identify the distributor;
(8)
Snow which may accumulate around the device is removed;
(9)
Each newspaper dispensing device shall fully enclose and secure
the periodicals contained therein so as to prevent littering on public
property.
(F)
No newspaper dispensing device shall be used for advertising signs
or publicity purposes other than that dealing with the display, sale
or purchase of the materials sold therein.
(G)
Upon removal of the newspaper dispensing device, the owner of the
device shall restore the property of the Village to the same condition
as when the device was initially installed, ordinary wear and tear
excepted.
(H)
The owner of any newspaper dispensing device installed pursuant to
this Article 4 shall indemnify and hold harmless the Village, its
officials, both elected and appointed, its employees and agents against
any loss or liability or damage, including expenses and costs for
bodily or personal injury, and for property damage sustained by any
person as the result of the installation, use or maintenance of a
device within the Village.
(A)
If any newspaper dispensing device that is placed or remains within
any public right-of-way, street, thoroughfare, parkway, or sidewalk
is deemed abandoned or unclaimed, or in violation of any other provision
of this Article 4, the Village Manager shall either: (1) send, by
certified mail, return receipt requested, a written notice to the
address of the owner or user of the newspaper dispensing device; or
(2) if the address of the owner or user is not known, post a notice
on the device. The notice shall state the address and telephone number
of the Village Manager, a description of why the newspaper dispensing
device is in violation of the requirements of this Article 4; that
the owner or user is ordered to cause immediate removal of the newspaper
dispensing device from the public property; and that the newspaper
dispensing device shall be removed by the Village after a date designated
in the notice. The date shall be no less than 10 calendar days after
the date the notice is mailed or first posted, as the case may be,
unless the owner or user requests a hearing before the Village Board
by filing a written appeal with the Village Manager on or before the
designated removal date.
(B)
When any appeal is filed pursuant to Section 6-4-3(A), the Village Board of Trustees shall set a hearing on the appeal at its next regularly scheduled Board meeting. In making its determination, the Board of Trustees shall only consider the standards set forth in this Article 4. The decision of the Board of Trustees shall be final.
(C)
If any newspaper dispensing device is still on public property after the ten-day period described in Section 6-4-3(A) of this Code, or if any appeal is made and denied after hearing before the Board of Trustees, the Village Manager shall cause removal of the newspaper dispensing device.
(D)
The owner of any newspaper dispensing device removed in accordance
with the terms of this Article 4 shall be responsible for all the
expenses of the removal, storage and disposal of such newspaper dispensing
device. Should the newspaper dispensing device or materials fail to
be claimed or should the owner fail to pay any money due the Village,
such newspaper dispensing device or materials shall be unclaimed property
and may be disposed of pursuant to applicable law.
(E)
Notwithstanding any other provision of this Article 4, however, the Village may immediately remove any device from public property which, because of its location or condition, poses an immediate threat to the health, safety and welfare of the public, upon the delivery or posting of notice to the owner in accordance with Section 6-4-3(A) of this Code.
Any person or entity who shall be guilty of a violation of any
of the provisions of this Article 4, shall be subject to a fine in
an amount set forth in the Annual Fee Resolution.[1] A separate offense shall be deemed committed for every
day a violation continues.
