[Adopted as Ch. 19, Art. I, of the 1977 Code]
As used in this chapter, the following terms
shall have the meanings indicated:
Such parts of the highway, whether public or private, as
are within the curbstones thereof, in all places where curbstones
are set, and also such parts of such highway as have been established
or used as a footwalk or sidewalk, and also such parts of any streets
or highway as shall be established or used and determined as footwalks
or sidewalks.
Includes alleys, lanes, courts, public squares and public
places, and it shall also be understood as including the sidewalks,
unless otherwise expressed.[1]
[1]
Editor's Note: Original § 19-2 of
the 1977 Code, Width of public streets, which immediately followed
this subsection, was repealed 2-1-2007.
[1]
Editor's Note: Former § 285-2, Referral of certain
matters to Board of Public Works by Mayor and Council, as amended,
was repealed 12-4-2014.
The names of the several streets and squares
in the City shall be subject to the jurisdiction of the Planning Board.
The Planning Board shall keep a book, to be furnished by the City,
in which the names of all streets and ways established, laid out,
or to be laid out within the City shall be entered, with a brief description
thereof, the date of layout or acceptance, if known, with the boundaries
and widths thereof and any alterations at any time made therein, and
with a statement of such landmarks or other established monuments
appertaining thereto, so far as the same can be ascertained.
A.
No person, other than one employed directly or indirectly
by the City or by the commonwealth and while in the performance of
necessary public duties, shall at any time place or leave in any street,
sidewalk or highway any article, material or merchandise, or park
a vehicle or cart in any sidewalk, street or highway, for the purpose
of displaying merchandise unless a permit issued by the Department
of Public Works, in the case of City ways, or by the Massachusetts
Department of Transportation (MassDOT) in the case of state highways,
authorizing the use of the sidewalk, street or highway has been granted
and is in effect, except as may be necessary for the reasonable and
expeditious loading or unloading of any such article, material, merchandise,
cart or vehicle; provided, however, that such property shall never
be left so as to obstruct the free passage of pedestrians or vehicular
travel. Any such fixture, structure or property as referred to in
this section which has been erected, placed or left illegally in any
street, highway or sidewalk may be moved by or under the direction
of an officer and at the owner's expense.
[Amended 12-4-2014]
B.
The department or officer issuing permits for such
use of sidewalks, streets or highways as is described in this section
may in its or his discretion, when the occasion justifies, demand
a suitable cash deposit, surety bond or insurance indemnity policy
to save the City or the commonwealth harmless from all liability of
any nature whatsoever caused directly or indirectly by such use of
the sidewalk, street or highway.
[Amended 12-4-2014]
C.
Mobile food vehicles.
[Added 9-5-2013]
(1)
Licenses
and permits required.
(a)
No person or entity shall operate a mobile food vehicle on any street
or other public property without a mobile food vehicle permit issued
by the Northampton Police Department. Any person seeking such permit
shall submit an application for a mobile food vehicle to the Northampton
Police Department along with the following:
[1]
State hawkers and peddlers license.
[2]
Form MT-1: Meals and All Beverages Sales Tax Registration Certificate.
[3]
Northampton Health Department mobile food permit.
[4]
Proof of comprehensive liability insurance and, where applicable,
worker's compensation insurance with coverage limits as determined
by the Police Department.
[5]
Fire Department inspection (for compliance with commercial cooking
regulations, fire suppression system, vent hood and fire extinguishers).
(b)
Mobile food vehicle permits are nontransferable.
(2)
MOBILE FOOD VEHICLE
SIDEWALK
STREET or HIGHWAY
Definitions.
A food establishment that is located upon a vehicle, or which
is pulled by a vehicle, where food or beverage is cooked, prepared
or served for individual portion service, such as a mobile food kitchen.
Such parts of the highway, whether public or private, as
are within the curbstones thereof, in all places where curbstones
are set, and also such parts of such highway as have been established
or used as a footwalk or sidewalk, and also such parts of any streets
or highway as shall be established or used and determined as footwalks
or sidewalks.
The entire width between property lines of every way open
to the use of the public for purposes of travel. Includes alleys,
lanes, courts, public squares and public places, and it shall also
be understood as including the sidewalks, unless otherwise expressed.
(3)
Fee
schedule.
(a)
Mobile food vehicle application fee from the Police Department: $50.
(b)
Mobile food vehicle permit from the Police Department: $250 (if application
is approved).
(c)
State hawkers and peddlers license: $62 paid to the state (http://www.mass.gov/ocabr/government/oca-agencies/dos-lp/dos-licensing/hawker-and-peddler-license/information.html).
(d)
Northampton Health Department mobile food permit: $100 annually.
(e)
A mobile food vehicle permit is nontransferable.
(4)
Location
of mobile food vehicles.
(a)
Mobile food vehicles are not permitted to operate in the Central Business or Florence Village Districts, as delineated on the Northampton Zoning Map (§ 350-3.4).
[Amended 3-16-2023 by Ord. No. 23.246A]
(b)
Mobile food vehicles may park and operate in legal public parking
spaces outside of the Central Business-Core (CBc), Central Business-Side
(CBs) and Florence Village Districts. Mobile food vehicles must not
impede traffic, may not park or operate in accessible spaces, commercial
loading zones or other restricted parking spaces. Mobile food vehicles
must pay applicable parking fees. They are exempt from the time limits
on the parking meters, but must pay the meter fees during all enforcement
hours. No overnight parking is allowed by mobile food vehicles.
[Amended 3-17-2022 by Ord. No. 21.355; 3-16-2023 by Ord. No. 23.246A]
(c)
Mobile food vehicles are not permitted to park or operate on sidewalks.
(d)
No permit issued hereunder shall authorize a mobile food vehicle
to operate in a public park or in a City-owned parking lot.
(5)
Space
availability. Granting of a mobile food vehicle permit does not guarantee
parking or space availability.
(6)
Hours
of operation. Mobile food vehicles may operate between the hours of
8:00 a.m. and 10:00 p.m. Sunday through Thursday and between the hours
of 8:00 a.m. and 2:00 a.m. Friday through Saturday.
(7)
Service
of food. Mobile food vehicles may not conduct business with people
in vehicles nor shall mobile food vehicles serve customers who stop
or park vehicles in a vehicle or bicycle travel lane near the mobile
food vehicle. Business may only be conducted curbside. Mobile food
vehicles may not provide seating of any kind. Mobile food vehicles
shall not be left unattended.
(8)
Music and amplification. Mobile food vehicles may not play loud music or use any kind of sound amplification to attract customers. See City Code § 245-4.
(10)
Concerns
and complaints about mobile food vehicle operations. Any violation
of this subsection shall be cause to suspend or revoke a permit issued
hereunder. Concerns and complaints received by the City about mobile
food vehicle operations will be handled by the appropriate enforcement
officials, with permit review by the Police Department as it deems
necessary.
No person shall place or keep any goods, wares
or merchandise for sale in any street or sidewalk, nor any table,
stall, booth or other structure or erection in any street or sidewalk,
for the sale or the exposure for sale of any goods, wares or merchandise
except for articles of merchandise which may be exposed or exhibited
for sale by any person in front of his place of business on a space
upon the sidewalk not more than two feet from the building, if the
same is so placed as to leave a sufficient and convenient passage
over the sidewalk. Such prohibition shall not prevent the unloading
or temporary deposit in the street or sidewalk of merchandise, fuel,
building materials, or other articles in course of carriage to and
from premises adjacent or neighboring, where such unloading or deposit
shall be necessary, provided that the articles so deposited shall
be removed forthwith and shall in no case be suffered to remain more
than six hours.
No person shall allow his firewood, coal, lumber,
building materials, or any other property liable to cause accident
to travelers, to remain unnecessarily in any street at night or after
twilight. In case of necessity, the owner thereof shall place and
keep a sufficient light over or near the same through the night in
order to give notice thereof to travelers.
No person shall permit an unused piece of wire
to be left on any street or sidewalk, nor any unused coil or loose
end of wire to remain attached to any post, cross-arm or fixture for
more than 24 hours.
No person shall put or place, or cause to be
put or placed, in or on any street, lane, alley or other publics place
in the City any ashes, glass, crockery, scrap iron, nails, tacks or
any other articles which would be liable to injure or damage the tires
or wheels of bicycles or automobiles or any other vehicles which have
wheels with rubber or pneumatic tires.
[Amended 11-21-2013]
A.
No person
shall place, erect or cause to be placed or erected within any sidewalk
or street any fixture or structure unless a permit, issued by the
Department of Public Works in the case of the City ways or by the
Massachusetts Department of Transportation (MassDOT) in the case of
state highways, authorizing such placing or erection, has been granted
and is in effect. Any fixture, structure or property in violation
of this section may be moved by or under the direction of an officer
and at the owner's expense.
[Amended 12-4-2014]
B.
Anything
within a sidewalk, street, or on a public building, except property
under the jurisdiction of the School Committee, that is considered
public art by the Arts Council and is reasonably expected to last
longer than 90 days shall not be installed without a permit from the
Arts Council. Public art may include, but is not limited to, murals,
sculptures, and art installations.
[Added 3-5-2020 by Ord. No. 19.125]
A.
It is City policy to embrace wireless small-cell facilities to improve
telecommunications and wireless service for all users, while minimizing
adverse impacts and covering City monitoring and administration costs.
B.
Wireless and all other telecommunication antennas are regulated by Zoning, § 350-10.9, Telecommunications, personal wireless facilities and small-cell telecommunications.
C.
Each wireless small-cell antenna on public ways (including those
already installed) shall pay an annual fee of $270 for right-of-way
access and inspections. Each such facility that is located within
a traffic signal pole or light pole on public land shall pay a fee
of $1,000 annually to offset additional maintenance and inspections
necessary on these multifunctional poles. (Fees shall be waived if
the wireless telecommunications provider provides free community or
City Wi-Fi services in accordance with a service agreement signed
by the Mayor.)
D.
The telecommunications provider shall be solely responsible for equipment
and safety, for moving equipment at no cost to the City when required
for any City construction project and must respond within 10 calendar
days of notice, and for ensuring that there is no impediment to pedestrian
or traffic flow. Failure to meet these time limits shall result in
a doubling of annual fees for the following year.
E.
The provider shall indemnify and hold the City harmless from all
loss or damage to persons, property related to injury arising from
the construction, maintenance, use, repair of the wireless infrastructure,
and from any loss or damages that result from the facilities, including
shedding ice or debris.
F.
The provider shall restore any damage to the rights-of-way stemming
from installation, maintenance, repair, or removal of the related
infrastructure, including damage to public shade trees, sidewalks,
curbs or other elements.
G.
Providers shall post a performance bond with the City that covers
the cost of removal and restoration of sites where equipment is no
longer being utilized.
[1]
Editor's Note: Former § 285-10, Lowering merchandise
over streets from buildings, was repealed 12-4-2014.
[Amended 9-3-1998]
No person shall remain in or block the entrance
to any doorway or driveway in or about any building after being notified
to move by the owner or individual in control of said premises. No
person shall obstruct any sidewalk or public passageway in such a
way that the public's right to travel on said way is blocked or endangered.
Refusal to move after proper notification and in the presence of a
police officer will be deemed a violation of this section.
[Amended 4-22-1965; 12-20-1979; 2-5-1987; 5-7-1987; 1-17-1991; 6-16-1994; 12-18-1997; 9-3-1998; 10-7-1999]
A.
No person shall ride, drive, propel or use a sidewalk
surfboard, skateboard, roller skates, or in-line skates on the following
public areas, public ways and sidewalks adjacent to the following
streets:
(1)
Route 5 between Allen Place and Pearl Street and Route
9 between Pomeroy Terrace and State Street.
(2)
Downtown Business District.
|
Name of Street
|
Location
| |
|---|---|---|
|
Armory Street
|
Entire length
| |
|
Center Street
|
Entire length
| |
|
Crafts Avenue
|
Entire length
| |
|
Gothic Street
|
From Main Street to Allen Place
| |
|
Hampton Avenue
|
Entire length
| |
|
Hawley Street
|
From Bridge Street to Butler Place
| |
|
Market Street
|
From Bridge Street to Union Street
| |
|
Masonic Street
|
Entire length
| |
|
Old South Street
|
From Main Street to Conz Street
| |
|
Pearl Street
|
Entire length
| |
|
State Street
|
From Bedford Terrace to Main Street
| |
|
Strong Avenue
|
Entire length
|
(3)
Downtown municipal parking areas.
(4)
Pulaski Park.
(5)
Florence: Main Street from Maple to Chestnut Street.
(6)
All Northampton public school property.
B.
Provisions for bicycles, human-powered scooters, SMDs
or similar vehicles.
[Amended 4-5-2018 by Ord.
No. 18.043; 5-2-2019 by Ord. No. 19.011]
(1)
Bicycles/scooters/SMDs shall be allowed to be driven on all streets
and shall be allowed on all sidewalks outside the Central Business
Districts, Florence Village Districts, Office Industrial District,
and the General Business District.
[Amended 3-16-2023 by Ord. No. 23.246A]
(2)
Bicycles/scooters/SMDs shall not be allowed to be driven on the sidewalks
in the Central Business Districts, Florence Village Districts, Office
Industrial District and General Business District, except that bicycles/scooters/SMDs
shall be allowed to be driven in those districts on any section of
sidewalk that is part of any marked multiuse trails (bicycle path),
or marked cycle track or buffered bicycle lane.
[Amended 3-16-2023 by Ord. No. 23.246A]
(3)
Bicycles/scooters/SMDs shall not be allowed to be driven in Pulaski
Park, except on the bike path connector through Pulaski Park.
(4)
Walking bicycles/scooters/SMDs shall be allowed in all areas where
they are not allowed to be driven.
C.
Recreational activities; throwing objects; yielding
right-of-way; cease and desist.
(1)
No person shall engage in any recreation or activity
upon any City sidewalk(s) and/or street(s) in a manner that endangers
the safety and rightful passage of pedestrian traffic.
(2)
The throwing or launching of any projectile, including
but not limited to items such as stones and snowballs, upon or across
any public street or sidewalk is prohibited when such activity endangers
the public safety.
[Amended 9-3-1998]
(3)
All persons riding nonmotorized wheeled conveyances
such as bicycles, roller skates, in-line skates (roller blades) and
skateboards or any other human propelled vehicle as allowed by this
section must yield the right-of-way to pedestrians at all times.
(4)
Any individual(s) refusing to cease such activity
as listed herein after being requested to do so by a police officer
will be deemed to be in violation of this section.
D.
Exemptions. The following motorized and self-propelled
vehicles shall be exempt from the provisions of this section:
(1)
Bicycles used by police officers exempt from all the
provisions of this chapter.
(2)
Wheelchairs, walking aids, motorized or self-propelled
vehicles, which are used to accommodate persons with disabilities.
(3)
Children's carriages or personal shopping baskets
or carts; delivery carts.
(4)
Children under the age of 10 years with adult supervision
riding wheeled toys, bicycles with training wheels and tricycles.
(5)
Vehicles used for sidewalk or lawn maintenance (e.g.,
snowblowers).
No vehicle shall be driven or moved on any street
or highway, nor shall any owner of any vehicle knowingly permit such
vehicle to be driven or moved on any street or highway, unless such
vehicle is so constructed or so loaded as to prevent its contents
from spilling, dropping, sifting, leaking or otherwise escaping therefrom.
Vehicles loaded with any material which may be blown about by the
wind shall be suitably covered to prevent the contents from being
blown upon the streets or highways.
A.
No person shall cry any wares, or ring or cause to
be used any noisemaking instrument in any street, to the disturbance
and discomfort of the inhabitants thereof, for the purpose of advertising
or for giving notice of the exercise of a business or calling, or
of the sale of any article.
B.
The provisions of this section shall not apply to
the use of sound trucks; provided, however, that no person shall operate
a sound truck until he first has obtained a permit from the Chief
of Police. No person shall operate a sound truck in any street at
any time between the hours of 9:30 p.m. and 9:00 a.m. No person shall
operate a sound truck at any time in any territory designated as a
"Zone of Quiet."
[Amended 12-4-2014]
No person shall erect or move any post, pole
or other structure in any street except by consent of the Department
of Public Works.
[Amended 12-4-2014]
No person shall erect or cause to be erected
any fence or building adjoining any street or public ground in the
City, without first having ascertained the bounds of the same by application
to the Department of Public Works.
[Amended 7-15-1999; 12-4-2014; 4-2-2015]
A.
The owner responsible for a building, structure or lot of land bordering on any street, lane, court, square or public place within the City where there is a sidewalk, including any curb ramp/cut, shall, after snow has ceased to fall thereupon or whenever snow shall have collected or deposited upon any such sidewalk, within 24 hours, remove the same or cause the same to be removed from such sidewalk; and also remove or cause to be removed from such sidewalk, or cover or cause to be covered with sand or some other suitable substance, within 24 hours after it has formed or appeared, any ice with which the same may be encumbered, in such a way as to render such sidewalk safe and convenient for travel, to the full width. For property located in the Central Business Districts or the Florence Village Districts as delineated on the Northampton Zoning Map, the above requirements must be met within 24 hours or by 9:00 a.m. on the next business day, whichever is sooner. If a person is found to be violating the provisions of this section, it shall be the duty of the Chief of Police, or his/her designee, the Director of Public Works, or his/her designee, or Parking Enforcement Officers, to assess a fine to any such person in accordance with the fine schedule set forth in Chapter 40, Enforcement, § 40-5. Each twenty-four-hour period a violation of Subsection A or B exists shall be considered to constitute a separate offense.
[Amended 3-16-2023 by Ord. No. 23.246A]
B.
No person shall place, deposit, or move ice or snow onto the paved
surface of a street, or onto a gravel shoulder area, if any.
C.
Upon neglect of or violation of the duties imposed by the provisions of Subsections A and B of § 285-17, such duties may be performed by the Director of Public Works or his/her designee at the expense of the person(s) or entities liable to perform those duties. Assessment of costs under this subsection shall not preclude any party from being fined under § 40-5.
The owner of premises in the City, occupied
wholly or in part by a business establishment, shall cause the public
sidewalk abutting said premises to be swept at the opening of each
business day and shall cause the sweepings to be picked up. No such
sweepings shall be swept or deposited onto the street, roadway or
gutter.
[Amended 12-4-2014]
No person shall dig up, cut down, climb, pull,
cut, deface, injure or destroy any tree, shrub, vine or plant in any
street, way or public ground of the City without the consent of the
Department of Public Works, or the persons having such ground in charge.
[Amended 10-7-1993; 12-4-2014]
A.
No person shall intentionally injure, mar, deface,
remove, cut, paint, mark, place graffiti upon, or destroy any public
property, including but not limited to walls, fences, signboards,
awnings, guide posts, street signs, streetlights, utility poles, trash
receptacles, traffic control devices, culverts, bridges, park benches,
playground equipment, trees, shrubs, plantings, and art work in any
street, public square, park, playground, parking area, or other area
owned or controlled by a department or agency of the City of Northampton.
B.
No person shall intentionally injure, mar, deface,
remove, cut, paint, mark, place graffiti upon, or destroy any public
building owned or controlled by a department or agency of the City
of Northampton.
[Amended 12-4-2014]
A.
No person shall break or dig up any street or sidewalk,
or erect any staging for building or place or deposit any stone, bricks,
timber or other building materials thereon without obtaining a written
permit from the Department of Public Works and complying in all respects
with the conditions of such permit.
B.
The Department of Public Works may grant a permit
in writing to any person for the purpose of building or other lawful
purpose, to dig up, obstruct or encumber so much and such parts of
any street or sidewalk as may be needed, and every person receiving
such permit shall execute a written agreement, with a bond if required,
to indemnify and save harmless the City against all damage or cost
from reason of any claim for damages or any process, civil or criminal,
on account of the existence of such obstruction, encumbrance or excavation,
or any injury to any person occasioned thereby, and no person shall
dig up, obstruct or encumber any portion of any street, except in
accordance with such permit, which shall be exhibited to any police
officer upon the request so to do.
[Amended 12-4-2014]
Whenever any street or sidewalk, under any license granted as provided in § 285-21, is dug up, obstructed, encumbered or otherwise rendered unsafe or inconvenient for travelers, the person so licensed shall put up and at all times keep a suitable railing or fence around the section or part of any such street or sidewalk so dug up, obstructed or encumbered, so long as the same remains unsafe or inconvenient, and shall also keep one or more lighted lanterns fixed to such fence, or in some other proper manner, every night, from twilight in the evening and through the night, so long as such railing or fence is kept standing. He shall also, within such reasonable time as the Department of Public Works shall direct, restore and repair such street to the acceptance of the Department of Public Works.
No person shall make, erect or maintain any
gate or door in or upon any street in such manner that when opening
the same it shall swing over such street.
No person shall place or maintain a grating
in a street, the space between the bars of which is more than two
inches in width, nor shall any person extend any such grating more
than 18 inches from a building into a street.
[Amended 12-4-2014]
No person shall make, erect or maintain doorsteps,
a portico, porch, entrance or passageway to any cellar or basement
or any structure, or make a coal hole or other opening in or upon
any street, without a license from the Department of Public Works.
In all cases the limit for such structure or opening shall be 3 1/2
feet from the street line. No person shall suffer the platform or
grate of the entrance or passageway to his cellar or basement in any
street to rise above the even surface of any street, and every such
entrance or passageway shall be kept covered by suitable and substantial
platform or grate, or in case it is kept open, it shall be guarded
and protected by a sufficient railing on both sides thereof, at least
2 1/2 feet high and well lighted at night.
No person shall make any permanent excavation
under the surface of a street, the inner face of the wall of which
extends further under the street than to a line 18 inches inside the
line of the outer edge of the curbstone or sidewalk.
[Amended 12-4-2014]
No person shall drive or convey through the
public streets any vehicle the width of which, with its load, exceeds
10 feet, except in accordance with a license from the Department of
Public Works.
[Amended 12-4-2014]
A.
No person shall move or assist in moving any building
through or upon any street unless a written license therefor has been
first obtained from the Department of Public Works, specifying the
terms and conditions on which removal may be made.
B.
No person thus licensed shall act under his license
until he has filed with the Department of Public Works a bond of guaranty
with, if required, a sufficient surety and satisfactory in amount,
to indemnify the City from all loss and damage by reason of such removal.
C.
No building shall be moved through any street until
the chimneys of the building have been taken down even with the roof.
[Amended 12-4-2014]
No person shall allow an obstruction to a sidewalk,
or to the edge of road pavement or shoulder where a sidewalk does
not exist, including any obstruction in the form of a tree, bush or
other vegetation which protrudes over said sidewalk or edge of a road
pavement or shoulder. Where the Department of Public Works deems that
an obstruction to a sidewalk or to the edge of a road pavement or
shoulder exists, it shall give notice by registered mail to the owner
of the property causing the obstruction, to remove or prune said obstruction
within 14 days so as not to block, obstruct or overhang the sidewalk
or edge of the road pavement or shoulder. If the property owner fails
to remove or prune the obstruction within said 14 days, the Department
of Public Works or, in the case of trees, bushes or shrubs, the Tree
Warden shall remove or prune the obstruction at the owner's expense.
[Amended 12-4-2014]
A.
No person shall make a curb cut or construct a driveway
unless a permit is issued by the Department of Public Works in the
case of City ways or by the Massachusetts Department of Transportation
(MassDOT) in the case of state highway layouts.
B.
The Department of Public Works, in the case of City
ways, shall establish rules and regulations for the construction of
curb cuts and driveways in order to prevent siltation, washing of
gravel and debris into the roadway and obstruction of storm drainage
within the street layouts. Provision shall be made for traffic and
pedestrian safety in granting said permit.
[Added 12-3-2020 by Ord.
No. 20.139]
A.
The purposes of this section are:
(1)
To prevent the unlimited proliferation of private newsracks
that cause visual clutter, reduce pedestrian safety, and negatively
impact City aesthetics.
(2)
To replace individual private newsracks with publicly owned
multirack newsstands that provide available space for all types of
publications.
(3)
To promote the public health, safety and welfare and the aesthetic
qualities of the City by controlling the placement, size, construction
and appearance of newsracks.
B.
BROADSHEET
NEWSPAPER BOX
TABLOID
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The largest newspaper format, characterized by long vertical
pages (typically 22.5 inches), typically stored in a newspaper box
with a fee-collecting mechanism.
A container used for dispensing of publications to the public
at a fee or no charge.
A newspaper having pages half the size or smaller of those
of a broadsheet newspaper.
D.
Use of public newspaper boxes.
(1)
Publishers shall apply to the Northampton Building Department
for a box space or City-owned newspaper box on the form prescribed
by the Building Department, including preferences for newspaper box
locations.
(2)
The Building Department shall annually allocate space at public
newspaper box locations using the following:
(a)
First, renewing requests for existing permittees in good standing
for their existing space (or for the first year, permitted private
boxes on the public way);
(b)
Then, on a first-come-first-served basis based upon the date
of receipt of a completed application;
(c)
If applications received simultaneously exceed available boxes,
a lottery drawing to determine allocation of available remaining public
newspaper box spaces;
(d)
If public newspaper box spaces become available during the year,
the Building Department may allocate them to applicants using the
same procedures as their annual allocation.
(3)
Registration and fees shall be due and payable on an annual
basis upon the Building Department's annual allocation of newspaper
box space.
(a)
Publications shall pay an additional annual registration fee
to the City, based on a fee per box for tabloid publications (smaller
size boxes) and fee for broadsheet publications (larger size boxes
with fee collecting).
(b)
The Mayor shall annually set the application, annual registration,
and, if applicable, box retrieval fees for private boxes removed from
the street.
E.
The City shall install public newspaper boxes in downtown Northampton
and in Florence Center, subject to exact location and relocations
approved by the Department of Public Works.
F.
Once public newspaper boxes have been installed, publishers will
be notified to occupy the new boxes and to remove all freestanding
newsracks within 30 days of the notification. Freestanding racks are
not allowed to coexist on sidewalks with public newspaper boxes. Private
newspaper boxes not removed within 30 days of notification shall be
removed by the Building Department. The City is under no obligation
to store private boxes after their removal. If the City does store
any private boxes, any box retrieval shall require the payment of
a box retrieval administrative fee.
G.
Newspaper box licensees shall be responsible for the maintenance
of their door, door operation, fee collection box if applicable, and
the inside of their newspaper box space. Newspaper boxes shall not
be used for or contain advertising or logos, or for publicity purposes
other than that associated with the dispensing of the publication
contained in the box. Public newspaper boxes shall be kept in a reasonably
clean, neat and rust-free condition, with at least 90% of the surface
area free of graffiti and weekly cleaned to remove all litter inside,
under and around the box.
H.
Newspaper box permit holders shall hold the City of Northampton harmless
from all claims for damage whatsoever arising from the use of public
newspaper boxes and provide a certificate of insurance documenting
workers' compensation coverage and $10,000/$100,000 of property damage
with the City named as an additional insured.
I.
Public newspaper boxes not used and/or not maintained for 30 consecutive
days, not used for the publication shown on the registration form,
or for which no annual fee is paid will be considered abandoned, and
the Building Department may rescind the public newspaper box space
permit, and reallocate the space, with seven days' written or email
notice to the address shown on the newspaper box registration.
