When used in this bylaw, unless the context otherwise requires,
the following terms shall have the following meanings:
CERTIFICATE HOLDER
The holder of a certificate of compliance issued by the Director
in accordance with the provisions of this bylaw. A certificate holder
is responsible for the installation and maintenance of newsracks encompassed
by any certificate of compliance issued pursuant to the provisions
of this bylaw and for compliance with all provisions contained herein.
CERTIFICATE OF COMPLIANCE
The certificate of compliance issued by the Director to the
certificate holder in accordance with the provisions of this bylaw.
DIRECTOR
The Director of the Public Works Department of the Town of
North Andover or such person as said Director may from time to time
designate.
NEWSRACK
Any type of self-service device for the vending or free distribution
of newspapers, periodicals or printed material of whatever nature.
OPERATOR
Any natural person or other legal entity, including, but
not limited to, corporations, partnerships, joint ventures and the
like who or which own, operate or are otherwise in control of a newsrack.
PUBLIC WAY
Any public highway, private way laid out under authority
of statute, way dedicated to public use, or way under the control
of the Town Department of Public Works, School Department, or other
body having like power.
It shall be unlawful for any operator to use a newsrack for
advertising other than that dealing with the display, sale or purchase
of the publications dispensed therein.
Newsracks shall be of a sturdy material and installed or otherwise
placed and maintained by the certificate holder in accordance with
the following provisions:
A. Each newsrack shall prominently display the name, address and phone
number of a person or entity responsible for that newsrack.
B. Each newsrack shall be:
(1) Installed or placed on the pavement in an upright, sufficiently weighted
and secure position;
(2) Of a type that is completely enclosed, with a self-closing door that
is either self-latching or otherwise requires manual or mechanical
release at each use;
(3) Maintained in a state of good repair and in a neat and clean condition;
(4) Maintained in a condition that is free of accumulations of outdated
printed materials, trash, rubbish, or debris;
(5) Handicapped accessible, as defined by the State Architectural Access
Board.
C. Each newsrack shall be regularly serviced so that:
(1) It is kept reasonably free of graffiti;
(2) It is kept reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof;
(3) It is kept reasonably free of rust and corrosion in the visible unpainted
metal areas thereof;
(4) The clear glass or plastic parts thereof, if any, through which the
printed material is being dispensed are not broken and are kept reasonably
free of tears, peeling or fading; and
(5) The structural parts of the newsrack are not broken or unduly misshapen.
D. Anyone disturbed by noise from the delivery of papers to any newsrack
may complain to the Director. The Director shall forthwith notify
the certificate holder of the complaint. The certificate holder shall
contact the complainant and attempt to resolve the complaint. If the
complaint is not resolved to the complainant's satisfaction within
10 days, the complainant may request a meeting before the Director,
or his/her designee, and the certificate holder. After such meeting,
the Director shall have authority to impose a reasonable resolution
to the complaint, including ordering the relocation of the newsrack(s)
causing the noise problem.
The Director may, with the approval of the Town Manager, promulgate
such rules and regulations consistent with the provisions of this
bylaw and the laws of the Commonwealth of Massachusetts as shall carry
out the purposes of this bylaw.
Nothing in this bylaw shall affect the adoption of regulations
affecting newsracks by other government bodies, such as Historic District
Commissions, to the extent such bodies are authorized to adopt such
regulations.
The provisions of this bylaw shall be severable and if any section,
part, or portion hereof shall be held invalid for any reason by any
court, the decision of such court shall not affect or impair any remaining
section, part or portion thereof.