[HISTORY: Adopted by the Town Meeting of the Town of North
Andover. Amendments noted where applicable.]
When used in this bylaw, unless the context otherwise requires,
the following terms shall have the following meanings:
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.
The certificate of compliance issued by the Director to the
certificate holder in accordance with the provisions of this bylaw.
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.
Any type of self-service device for the vending or free distribution
of newspapers, periodicals or printed material of whatever nature.
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.
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.
A.
Requirement. No person shall place, affix, erect, maintain or continue
to maintain a newsrack in or on any part of a public way without first
obtaining a certificate of compliance from the Director in accordance
with the provisions of this bylaw.
B.
The certificate of compliance must be renewed annually by application
to the Director.
C.
Issuing authority. The Director shall be the issuing authority and
coordinator of the application process and administration of this
bylaw.
E.
Application process. Applicants must complete a written application
on a form provided by the Director.
F.
Application. The application shall describe in sufficient detail
the number, location and type of newsracks for which the certificate
of compliance is sought and shall contain the following information:
(1)
The name, address and telephone number of the applicant who is the
owner/operator or other person who is the principal responsible person
in charge of the newsrack(s); and
(2)
The name, address and telephone number of a natural person (if different
from the applicant) whom the Town may notify and/or contact at any
time concerning the applicant's newsracks. This person would
be responsible for receiving complaints and notices of violations
when a certificate of compliance is issued and for providing information
relating to the application during the application process; and
(3)
The number of newsracks and a written description specifying the
proposed approximate location of each; and
(4)
A certificate of insurance naming the Town of North Andover as an additional insured in an amount sufficient to indemnify the Town and hold it harmless from any and all claims or judgments for personal and bodily injury, including death, or property damage and from costs and expenses to which the Town may be subjected or which it may suffer or incur by reason of the design, placement, installation, operation or maintenance of any of the applicant's newsracks. Reasonable evidence of self-insurance coverage may be substituted by the applicant for the certificate of insurance. The amount of insurance coverage required shall be determined by the Town. Insurance under this section shall run continuously with the presence of the applicant's newsrack in Town of North Andover public ways and any termination or lapse of such insurance shall be a violation of this bylaw, subject to appropriate remedy under § 130-8 of this bylaw; and
(5)
A certification from the applicant stating that the proposed location
for all of the newsracks listed in the application are in compliance
with the provisions of this bylaw.
G.
Issuance of certificate of compliance.
(1)
Upon a finding by the Director that the applicant is in compliance
with the provisions of this bylaw, the Director shall issue a certificate
of compliance for installation by the applicant. The Director shall
issue a partial certificate of compliance upon a finding that some
of the proposed newsrack locations are in compliance with the provisions
of this bylaw. Issuance of a certificate of compliance or a partial
certificate of compliance shall designate the applicant to be the
certificate holder. The Director shall issue a certificate of compliance
within 10 days of the Director's receipt of the completed application.
(2)
Proposed locations shall be approved on a first-come, first-served
basis by the Director.
(3)
No preference shall be given to applicants who might have had newsracks
in a particular location prior to the effective date of this bylaw.
H.
Denial of certificate of compliance.
(1)
If an application for a newsrack location is denied, the Director
shall notify the applicant within 10 days of the Director's receipt
of the completed application. The Director shall state the specific
reasons for denial. The applicant may reapply for a substitute alternative
location without having to pay an additional application fee. An applicant
who has been denied a certificate of compliance pursuant to this bylaw
may appeal within 30 days of such denial by requesting in writing
to the Director an appearance before the Director to review said denial.
The appeal shall be heard by the Director within 20 days of receipt
of the appeal.
(2)
The decision on the appeal shall be sent to the applicant within
five days after the hearing.
I.
The Director reserves the right to order by written notice to the
certificate holder that newsracks be removed from an approved location,
either temporarily or permanently, in the interests of public safety.
A.
There shall be a certificate of compliance fee in the amount of $200
paid to the Town. This fee shall be due upon initial application and
upon each annual renewal.
B.
Additional certificate of compliance. If at any time after the Director has issued a certificate of compliance a certificate holder proposes to install additional newsracks, then the provisions of § 130-2 are to be repeated. Additional certificate of compliance fees shall be in accordance with Subsection A, except that the certificate of compliance fee is waived if previously paid.
C.
In addition to the certificate of compliance fee, an annual fee of
$10 per newsrack authorized shall be paid to the Town to offset the
Town's cost of monitoring compliance with this bylaw.
D.
Where the Director has required newsracks to be set in corrals, or at hitching posts pursuant to § 130-4 below, additional fees shall be imposed by the Director on certificate holders to offset the Town's costs for each such corral or hitching post used by such certificate holder.
E.
Upon a showing of significant financial hardship, whereby the payment
of the full certificate of compliance fee will impair the ability
of the publisher to distribute a publication through newsracks to
members of the public, the Director may reduce the fee due upon initial
application or upon an annual renewal by an amount he/she determines,
in her or his sole discretion, as appropriate.
A.
Placement. Subject to the prohibitions contained in this section,
newsracks shall be placed parallel to and not less than 18 inches
nor more than 24 inches from the edge of the curb. Newsracks so placed
shall face the sidewalk, not the street. Newsracks placed near the
wall of a building or other structure must be placed parallel to and
not more than six inches away from the wall.
B.
No newsrack(s) shall be affixed, erected, installed, placed, used
or maintained:
(1)
At any location in excess of eight feet in width (plus the width
of a newsrack) whereby the clear space for the passage of pedestrians
is reduced to less than eight feet in width; or, if the sidewalk location
is less than eight feet in width (plus the width of a newsrack), then
the clear space for the passage of pedestrians shall not be reduced
to less than five feet in width; however, a width of four feet to
five feet may be approved by the Director if requested, only after
the Director consults with the Pedestrian Committee and the Disabilities
Commission as to whether the particular location at issue necessitates
the four-foot to five-foot width, and whether the pedestrian passage
in that location could safely and reasonably be reduced to a width
of four feet to five feet; and
(2)
Within five feet of any marked, or unmarked crosswalk or handicapped
ramp; and
(3)
Within five feet of any fire hydrant, fire lane, fire call box, police
call box or other emergency facility, mail box, telephone booth or
stand; and
(4)
Within five feet of any part of a curb return of a curb ramp or driveway,
or in the case of a curb ramp or driveway without a curb return, within
five feet of the point where the curb edgestone or edging begins a
change in grade toward the driveway or ramp on each side thereof,
or in the case of a termination of the curb, edgestone or edging without
a change in grade or a turn, within five feet of the point the same
terminates on each side of the ramp or driveway; and
(5)
Within five feet of any traffic control signal or traffic sign; and
(6)
Within five feet of a bicycle rack; and
(7)
Within five feet ahead or 15 feet to the rear of any designated bus
stop, taxi stand, valet parking area, loading zone or fire lane, or
any disabled parking space, unless such newsrack is placed parallel
against a wall that is within four feet of a designated bus stop,
taxi stand, valet parking area, loading zone or fire lane and the
newsrack so placed does not project into or otherwise interfere with
the unobstructed flow of pedestrian and vehicular traffic;
(8)
Which in any way protrudes onto a street; or
(9)
On any sidewalk immediately abutting a public school.
C.
The Director may require that newsracks at locations in which more
than three are adjacent shall be set within an open-ended corral installed
by the Town; and the Director may require that newsracks at a particular
location be chained to each other and/or to a permanent hitching post
installed by the Town. The Director may choose the locations for corrals
and hitching posts based on the history of misaligned or knocked over
newsracks at the location, the high volume of pedestrian traffic at
the location, or the relatively high concentration of newsracks at
the location. However, nothing in this subsection shall be construed
to limit the locations at which corrals and hitching posts may be
required.
A.
Attachment to trees and other objects prohibited. Except to the extent
permitted by regulations promulgated by the Director, no operator
shall place or cause to be placed and no operator shall suffer to
remain any newsrack chained or otherwise attached to any tree, streetlight
post, traffic signal or sign.
B.
Attachment to other newsracks. Newsracks, when placed side by side,
may be chained or otherwise attached to one another, provided that
no group of newsracks shall extend for a distance of more than eight
feet along a curb, and a space of not less than five feet shall separate
each group of newsracks.
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.
A.
Nonconforming newsracks. Any newsrack found not to be in compliance
with this bylaw shall be subject to the enforcement provisions contained
herein.
B.
Abandonment. In the event that any newsrack installed pursuant to
the provisions of this bylaw does not contain the printed material
being dispensed therein for a period of 72 hours after the release
of the current issue, the Director may deem the newsrack abandoned
and take appropriate action under this bylaw A newsrack shall otherwise
be deemed abandoned if no printed material is found in the newsrack
for a period of more than 15 consecutive days. In the event that a
certificate holder voluntarily abandons a newsrack location, the certificate
holder shall so notify the Director, completely remove the newsrack
and restore the public way to a safe condition.
C.
Enforcement.
(1)
Enforcement of the provisions of this bylaw shall be carried out
by the Director. Upon a determination that a violation of any provision
of this bylaw exists, the Director shall notify the certificate holder
of the violation in writing by first class mail. The notice shall
include:
(2)
The notice shall inform the certificate holder that at the expiration
of 10 days from the receipt of the violation notice, the newsrack
will be removed by the Director, unless the violation is corrected.
(3)
Upon removal of a newsrack, the Director shall send, by first-class
mail, written notice of such removal to the certificate holder.
(4)
Notwithstanding the provisions of the foregoing Subsection C(1) through (3) of this section, the Director may order the immediate removal of any newsrack(s) that the Director determines presents an imminent threat or peril to public safety, provided that the certificate holder shall be notified of such removal as soon as practicable thereafter, and further provided that any newsrack so removed shall be stored for a period of 30 days in order to allow the certificate holder to retrieve the newsrack. If the Director removes a newsrack under this Subsection C(4) which does not have a certificate of compliance, the Director shall dispose of the newsrack at the end of the thirty-day period.
A.
A newsrack removed pursuant to this bylaw may be retrieved by the
certificate holder at any time within 30 days of its removal upon
payment of a removal fee of $25 plus a storage fee of $5 per day,
to a maximum combined removal and storage fee of $100.
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.
