Town of Newington, CT Article V Newsracks in Public Rights-of-Way

§ 367-24 Findings; purpose.

A. The Town Council finds that the uncontrolled placement and maintenance of newsracks in public rights-of-way present an inconvenience and/or danger to the safety and welfare of persons using such rights-of-way; that garish, brightly colored or otherwise unsightly newsracks located within public rights-of-way constitute distractions to the driving public; that newsracks are constantly exposed to the elements, are subject to intensive use and vandalism and to protect against such must be designed and constructed of durable materials; and that the use of public rights-of-way has been historically associated with the sale and distribution of newspapers. The Town Council further finds that, in order to accommodate the governmental and distribution interests, it is necessary to implement a program to regulate the installation, operation and maintenance of newsracks located in public rights-of-way in the Town of Newington.

B. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, safety and general welfare of persons in the Town in their use of public rights-of-way.

§ 367-25 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BLOCK

One side of a street between two consecutive intersecting streets.

DISTRIBUTOR

Any person responsible for the installation, operation or maintenance of a newsrack in a public right-of-way.

HEARING OFFICER

The person appointed by the Town Manager pursuant to Chapter 13, § 13-1 et seq., to hear appeals under this article.

NEWSRACK

Any self-service, free or coin-operated box, container, storage unit or other dispenser installed, operated or maintained for the display and distribution or sale of newspapers or other written materials for dissemination.

PERSON

An individual person, firm, corporation or other entity.

PUBLIC RIGHT-OF-WAY

Any area owned, leased or in which the Town of Newington has a property interest, such as an easement, and/or any area maintained by the Town of Newington or Newington Board of Education or other local governmental entity, open for use by the public for vehicular or pedestrian travel, including, but not limited to, roadways, sidewalks, streets, alleys and public grounds.

ROADWAY

That portion of any street improved, designed or ordinarily used for vehicular travel.

SIDEWALK

Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

STREET

The entire area encompassed by a roadway and/or a sidewalk. The word "street" shall also be construed to embrace avenues, boulevards, roads, lanes and drives.

TOWN

The Town of Newington.

ZONING ENFORCEMENT OFFICER

The building official appointed pursuant to Newington Charter § C-704 and § 7.1.1 of the Newington Zoning Regulations.[1]

[1] Editor's Note: The Zoning Regulations are on file in the Town offices.

§ 367-26 Permit required; application; fee; duration; appeals.

A. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public right-of-way in the Town of Newington any newsrack without first having obtained a permit from the Zoning Enforcement Officer for each proposed newsrack.

B. Application for such permit shall be made, in writing, to the Zoning Enforcement Officer, upon such form as shall be provided to the applicant, and shall contain the name and business address of the applicant, a telephone number or numbers at which the applicant may be reached during normal business hours, the proposed location of said newsrack and such other information deemed reasonably necessary by the Zoning Enforcement Officer to fulfill the intent of this article, and shall be signed by the applicant. If the applicant is a business entity, the application shall include the name, address and telephone number of a responsible person whom the Town may notify or contact concerning the application or the newsrack subsequent to permit approval.

C. A permit fee as provided in Chapter 225, § 225-1, of this Code shall be required for each location.

D. Permits shall be issued or denied within 72 hours, excluding Saturdays, Sundays and legal holidays, after a complete application has been filed. If a permit is denied, the Zoning Enforcement Officer shall advise the applicant of the specific cause of such denial in writing.

E. Such permits shall be valid for one year and shall be renewable by the applicant pursuant to the procedure for original applications and upon payment of the permit fee. A permit issued pursuant to this section shall expire automatically in the event that the insurance coverage required pursuant to § 367-27 lapses.

F. Any person or controlling entity aggrieved by an order, finding or determination taken under the provisions of this section (hereinafter "appellant") may file an appeal with the Vehicle Appeals Board as created in Chapter 410 of this Code. Such appellant must effect the appeal within 15 days of the order, finding or determination. The Vehicle Appeals Board shall hold a hearing on any appeal brought pursuant to this section no later than 30 days following the receipt of the request for appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least seven days' notice of the time and place of the hearing. The Vehicle Appeals Board shall give the appellant and any other interested party a reasonable opportunity to be heard. At the conclusion of the hearing, the Vehicle Appeals Board shall make written findings to determine the appeal. The written findings of the Board shall be signed by the Chairman and filed in the office of the Town Clerk within 15 days of the hearing, and a copy shall be sent to the appellant by regular United States Mail. The decision of the Vehicle Appeals Board shall be effective when rendered and shall be final.

§ 367-27 Indemnification of Town; insurance requirements.

A. Every applicant for a permit to place a newsrack on a public right-of-way in the Town shall file a written statement as part of the application process with the Zoning Enforcement Officer in a form satisfactory to the Town Attorney whereby the person in lawful possession of the newsrack agrees to indemnify and hold harmless the Town, its officers and employees from any loss, liability or damage, including expenses and costs, for bodily injury and for property damage sustained by any person as a result of the installation, use and/or maintenance of any such newsrack.

B. Every person in lawful possession of a newsrack who places or maintains a newsrack on a public right-of-way shall provide the Town with a certificate of liability insurance coverage issued by an insurance company licensed to do business in the State of Connecticut insuring the applicant and the Town of Newington, with the Town named as an additional insured, against all claims for damages for bodily injury and for property damage which could arise in connection with the installation, operation or maintenance of a newsrack in the Town. The certificate of insurance shall state that the coverage afforded thereunder shall be primary coverage for any claims within its scope. Minimum coverage of such policy shall be determined by the Town's Risk Manager. The policy, by its terms, shall not be cancelable prior to the expiration date of the permit without 30 days' written notice to the Town.

§ 367-28 Certain information to be posted.

A. Every person who places or maintains a newsrack on a public right-of-way within the Town shall have a permit number and the name, address and telephone number of the person in lawful possession of the newsrack affixed to the newsrack in a place where such information may be easily seen. Additionally, the name, address and telephone number of the person responsible for the newsrack, if different from the person in lawful possession of the newsrack, shall be permanently displayed on a label on each newsrack. Failure to post such information within 30 days of authorized placement shall be deemed abandonment of the newsrack. Abandoned newsracks shall be a violation of this article and shall be removed and disposed of in the manner provided in § 367-31 of this article.

B. All coin-operated newsracks shall also post the name, address and telephone number of a designated person to contact for reimbursement in the event of failure of coin mechanisms.

§ 367-29 Location; placement; number of newsracks.

Any newsrack which rests or projects, in whole or in part, upon or over any public right-of-way shall be located or installed in accordance with the provisions of this section:

A. No newsrack shall be chained, bolted or otherwise attached to any tree, utility pole or box or any other fixture located in the public right-of-way, except to other newsracks, without the express written permission of the Zoning Enforcement Officer. Newsracks shall not be physically attached, chained or bolted to any drainage structure, inlet pipe or other physical object meant to carry water, to a utility pole or box, to or placed upon any manhole cover, to or placed upon any water meter and/or water meter box, to any part of a traffic signal system or traffic signs, to a bench, or to any other Town-owned fixture or property without the written permission of the Zoning Enforcement Officer.

B. Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than 10 feet.

C. No newsrack shall be located so as to unreasonably interfere with or impede the flow of pedestrian or vehicular traffic, including motorized or manual wheelchairs.

D. No newsrack shall be placed, installed, used or maintained:

(1) Within 25 feet of any marked crosswalk.

(2) Within 15 feet of the curb return of any unmarked crosswalk.

(3) Within 25 feet of any fire hydrant, fire call box, police call box or other emergency facility.

(4) Within 25 feet of any driveway.

(5) Within any single-family residential zone. In no case will newsracks already located within single-family residential zones be permitted to remain.

(6) Within 200 feet of any part of a public or private school building.

E. No more than four newsracks shall be located on any public right-of-way within a space of 250 feet in any direction within the same block; provided, however, that no more than eight newsracks shall be allowed on any one block.

§ 367-30 Standards for maintenance and installation.

Any newsrack which rests or projects, in whole or in part, upon or over any public right-of-way shall comply with the following standards:

A. No newsrack, including the materials used to secure it, shall exceed four feet two inches in height, two feet two inches in width, and two feet two inches in depth.

B. The lettering of the name of the publication being displayed therein shall be in accord with the following standards:

(1) On the front of the newsrack, the lettering size shall not exceed 1.75 inches in height; and

(2) On the sides and back of the newsrack, the lettering size shall not exceed 5.5 inches in height for the first letter and shall not exceed 3.5 inches in height for the remaining letters in the name of the publication.

C. 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 written materials contained therein.

D. Each newsrack shall be constructed of suitable, durable materials and shall be painted in a color scheme consisting of a dark background with light lettering or a light background with dark lettering. Shades of red, yellow, orange or green, similar to those used in traffic control signs or devices, shall not be used on any newsrack, as it is determined that such use of those colors causes a danger to the safety and welfare of the public.

E. Each newsrack shall be so secured, weighted and/or balanced as to prevent it from being tipped by the opening of its door or by the impact of snow cast by a passing snowplow.

F. Each newsrack, whether modular or not, shall be maintained in a neat, clean condition and in good repair at all times.

(1) Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:

(a) It is free of graffiti.

(b) It is reasonably free of dirt and grease.

(c) It is reasonably free of chipped, faded, peeling and/or cracked paint.

(d) It is reasonably free of rust and/or corrosion.

(e) 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.

(2) All such conditions shall be remedied within 15 working days' notice by the Town, or the newsrack shall be deemed in violation of this article and shall be removed and disposed of in the manner provided in § 367-31 of this article.

G. No newsrack shall contain or utilize any electrically powered illumination or sound.

H. Coin-operated newsracks shall be equipped with a coin-return mechanism, maintained in good working order at all times, to permit customers to secure an immediate refund if a newsrack is inoperable. Failure to meet the requirements of this provision shall be deemed a violation of this article, and the newsrack shall be removed and disposed of in the manner provided in § 367-31 of this article.

I. In the event that a newsrack remains empty for a period of 30 continuous days, it shall be deemed abandoned and shall be a violation of this article, and the newsrack shall be removed and disposed of in the manner provided in § 367-31 of this article.

§ 367-31 Penalties for offenses; failure to respond; removal of newsracks.

A. The Zoning Enforcement Officer or his designee, upon a determination that a newsrack has been installed, used or maintained in violation of the provisions of this article, shall issue a notice of violation to the person responsible for the newsrack as provided in § 367-28 of this article. Such notice shall be mailed by certified mail, return receipt requested, or by service of the notice by a proper officer. The notice shall:

(1) Specify the offending condition.

(2) Suggest actions necessary to correct the condition.

(3) Inform the person responsible for the newsrack that the condition must be corrected within 15 days of the mailing date or date of service of the notice of violation, and if the condition is not corrected within such fifteen-day period, the newsrack will be removed and stored for 30 days at the Newington Public Works Facility, after which time it will be deemed abandoned.

(4) Inform the person responsible for the newsrack that he may appeal the notice of violation to a Citation Officer by delivering or mailing a letter to said Officer at the Newington Planning Department, Town Hall, 131 Cedar Street, Newington, CT 06111, within 15 days of the notice of violation.

B. Failure to correct the offending condition within 15 days after the mailing date of the notice of violation or to appeal such notice of violation within 15 days after the mailing date of the notice of violation shall result in the offending newsrack being summarily removed and stored by the Town for a thirty-day period, after which, unless retrieved from storage by the person responsible for the newsrack, or his designated representative, the newsrack shall be deemed abandoned, and the newsrack shall be disposed of by the Town with no liability to the Town. If the newsrack is to be retrieved from storage, the person responsible for the newsrack shall pay to the Town all citation, removal, administrative and storage charges prior to the Town's release of the newsrack.

C. A citation of $99 shall be charged to the person in lawful possession of the newsrack for each newsrack removed and stored by the Town under the provisions of this section. This fee shall be in addition to removal, administrative and storage charges.

D. Nothing contained in this article shall be interpreted to limit or impair the exercise by the Town of its police powers to remove any newsrack which presents a clear and present danger of imminent personal injury or property damage to users of the public rights-of-way.

§ 367-32 Citation appeal process.

A. Any person cited for a violation of this article may appeal the citation within 15 days of the date of the citation by delivering or mailing a letter to the Citation Hearing Officer, Newington Planning Department, Town Hall, 131 Cedar Street, Newington, CT 06111.

B. The hearing procedure shall be the hearing procedure as set forth in Chapter 13, § 13-1 et seq., of the Code.

§ 367-33 Existing newsracks.

This article shall apply to existing newsracks within the Town, except that the person responsible for an existing newsrack shall have 60 days from the date of enactment of this article to comply with the provisions of this article.

§ 367-34 Enforcement.

This article shall be enforced by the Zoning Enforcement Officer or his designee.