[Added 9-25-2001 by L.L. No. 49-2001, effective 10-1-2001]
A. Legislative intent. The Town Board has determined that the haphazard
placement of newsracks on the public sidewalks of the Town has created
unsafe conditions, unsightly appearances and a general nuisance for
pedestrians and others. At the same time, it is wholly understood
that newsracks provide an important service and convenience to the
public-at-large. It is the purpose of this section to strike a rational
balance between these competing interests, by defining and limiting
the portions of public sidewalks at which newsracks may be placed.
The regulations are designed and intended to maintain substantial
public access to newsracks, by permitting them in the vicinity of
commercial street corners, railroad stations, public parking fields,
and post offices, while protecting public safety and aesthetics by
addressing their unchecked and haphazard proliferation throughout
the public sidewalks of commercial vicinities. Additionally, they
promulgate standards which delineate the precise areas of public sidewalks
within permitted vicinities at which newsracks may lawfully be placed
and maintained. Finally, it is not the intention of this section to
regulate the placement of newsracks at any locations other than public
sidewalks as defined herein.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated.
NEWSRACK
A machine or device which is designed to dispense newspapers,
magazines, pamphlets, or similarly formatted reading materials to
the public, regardless of content, either upon deposit of a designated
cost or free of charge.
PUBLIC SIDEWALK
Includes all land lying between the curbline of a public
highway and the building line of the premises abutting thereon, whether
or not surfaced or improved with concrete or other paving material.
C. Prohibition. No person or other legal entity shall place or maintain
any newsrack on any public street except in compliance with the location
and placement standards hereof.
D. Enforcement; penalties.
(1) The Commissioner of Highways or his duly appointed representative
is authorized to immediately undertake the relocation of any newsrack
found to be in violation of this section, provided that the Commissioner
determines that such action is necessary to remedy an immediate and
substantial safety hazard and constitutes the minimum distance necessary
to eliminate the hazard. Under such circumstance, the Commissioner
shall send notice of the relocation to the owner or other person in
charge of the newsrack, by regular mail.
(2) In addition to the authority of the Commissioner of Highways as set
forth above:
(a)
Code Enforcement Officers of the Department of Buildings and
the Nassau County Police Department are hereby authorized to issue
summonses or appearance tickets, returnable in the District Court
of Nassau County, to the owner, lessee, or other person or legal entity
in control of a newsrack which is being maintained in violation of
this section.
(b)
Any such violation shall be categorized as a petty offense,
punishable by a fine of up to $250 per violation and/or up to 15 days
in jail. Each day that the offense(s) shall continue shall be considered
a separate violation.
(c)
No summons shall be issued unless it shall be preceded by delivery
of a notice of violation, to the owner or other person responsible
for the newsrack in question, providing a fifteen-day period to eliminate
the violation, and unless the violation(s) shall not be remedied during
that period. The notice of violation shall set forth each violation
of this section applicable to the newsrack in question.
(d)
Additionally, the Town Attorney may, in an appropriate case,
institute an injunction action in the name of the Town to assure compliance
with the terms of this section.
E. Location. A newsrack shall be permitted on any public sidewalk only
if it shall be located:
(1) Adjacent to any nonresidential use and no greater than 60 feet nor
less than 15 feet from the intersection of two or more public streets,
as measured laterally along the sidewalk from the midpoint of the
arc (curvature) of the sidewalk at the said intersection; or
(2) No greater than 50 feet from the entrance to any railroad station,
public parking field, or post office, but not across any public street
from the entrance; except that:
(3) In no event shall any newsrack be permitted upon any public sidewalk
if such newsrack shall be located within 75 feet of any parcel improved
with a single- or two-family dwelling.
F. Placement. Within the locations authorized under §
181-15E herein, newsracks may be placed and maintained only in conformity with all of the following regulations:
(1) A newsrack shall not be placed and maintained:
(a)
Within 10 feet of any fire hydrant, fire or police alarm box
or device, or other emergency facility;
(b)
Within five feet of any marked crosswalk or driveway;
(c)
Greater than one foot away or less than six inches away from
the roadbed edge of the sidewalk curb, unless parallel to the wall
of a building and no greater than six inches therefrom. With respect
to newsracks placed within one foot from the curb, the dispensing
side must face away from the roadbed;
(d)
Within 10 feet of any bus shelter or bench, or which shall interfere
with loading or unloading of persons from front or rearward doors
of buses;
(e)
Within five feet of a handicap access ramp;
(f)
Where it would create a sidewalk obstruction as set forth in §
181-14 of this chapter;
(g)
In such a manner that it shall be chained to any fixed object,
including but not limited to telephone poles, street signs, and traffic
signs, except that a newsrack may be chained to an immediately abutting
newsrack; and/or
(h)
At any location which the local Police Precinct or Fire Department
shall declare to be prohibited for reasons of public safety.
G. Existing newsracks. The owners and/or persons in control of all currently
existing newsracks which violate any provision of this section are
provided a period of 30 days after the effective date of this section
to conform their location and/or placement to the regulations hereof,
or to remove them from the public streets of the Town of Hempstead.
H. Severability. In the event that any provision of this section shall
be deemed illegal or otherwise unenforceable by a court of competent
jurisdiction, then only that specific provision shall not be enforced,
and all other sections and provisions shall remain in full force and
effect.
I. Interpretation.
(1) This section shall be considered remedial in nature and should be
liberally construed to protect the health, safety and welfare of pedestrians,
motorists, fire fighters and law enforcement officials, as well as
to advance a more aesthetic public environment, so that substantial
justice is done.
(2) Nothing herein shall be construed as authorizing placement of any
newsrack in any location where such placement is otherwise unlawful
or nonpermitted under any applicable laws or regulations.
[Amended 2-20-1968, effective 3-18-1968]
Any person or persons, association or corporation committing an offense against this Part
1 or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.