When used in this article, unless the context otherwise requires,
the following terms shall have the following meanings:
DIRECTOR
The Director of the Public Works Department of the Town of
West Springfield or such person as said Director may from time to
time designate.
CERTIFICATE OF COMPLIANCE
The certificate of compliance issued by the Director to the
certificate holder in accordance with the provisions of this article.
CERTIFICATE HOLDER
The holder of a Certificate of Compliance issued by the Director
in accordance with the provisions of this Ordinance. A Certificate
Holder is responsible for the installation and maintenance of street
furniture encompassed by any Certificate of Compliance issued pursuant
to the provisions of this Ordinance and for compliance with all provisions
contained herein.
EXEMPT STREET FURNITURE
Governmental and municipal signs, traffic control devices
and signs, cable, electric and telephone utility poles, including
conduits, transformers, wires, cables and supporting structures, mailboxes,
structures belonging to a regional transit authority created under
MGL c. 161B, municipal trash receptacles, fire hydrants, call boxes
and public safety and all municipal structures.
OPERATOR
Any natural person or other legal entity, including, but
not limited to, corporations, partnerships, joint ventures and the
like, who either own, operate or are otherwise in control of street
furniture.
PUBLIC WAY
Any public highway, private way laid out under authority
of statute, way dedicated to public use, or a way under the control
of the Town or any department thereof.
STREET FURNITURE
Any structure erected or placed in or on a public way on
a temporary or permanent basis.
TREE BELT
That portion of a street right-of-way located between the
paved portion of the street and the outside edge of the right-of-way
containing a sidewalk, if any, and commonly planted with trees, shrubs,
grass, or other vegetation. However, where the area between the paved
portion of the street and the outside edge of street layout is paved
or the like, the first four feet from the outside edge toward the
paved street shall be considered the sidewalk for the purpose of this
article.
Placement of street furniture shall be described in detail as
part of the application and shall be approved by the Director. The
Director may require a drawn plan of placement or a written description.
No street furniture shall be placed in any manner that may impede
the use of the public way; or block any sight line of traffic or pedestrian
crossing; or in any way interfere with public safety.
It shall be unlawful for any operator to use street furniture
for advertising or publicity purposes other than that pertaining to
the items being dispensed therein. Advertising associated with the
dispensing of material shall be nonilluminated, located on the front
face of the street furniture and shall be no greater than two square
feet in area.
Street furniture shall be of a sturdy material and installed
or otherwise placed and maintained by the certificate holder in accordance
with the following provisions:
A. Installed
or placed in accordance with this article, in an upright, sufficiently
weighted and secure position;
B. Constructed
so as not to have sharp edges or corners; and
C. Handicap-accessible,
as defined by the State Architectural Access Board at 521 CMR 5.1.
Each piece of street furniture shall be regularly maintained and serviced
so that:
(1) It
is kept free of graffiti;
(2) It
is maintained in a state of good repair and in a neat and clean condition;
(3) It
is maintained in a condition that is free of trash, rubbish, or debris;
(4) It
is kept reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof;
(5) It
is kept reasonably free of rust and corrosion in the visible unpainted
metal areas thereof;
(6) The
clear glass or plastic parts thereof, if any, through which the material
is being dispensed are not broken and are kept reasonably free of
tears, peeling or fading; and
(7) The
structural parts of the street furniture are not broken or unduly
misshapen.
The Director may, with the approval of the Town Council, promulgate
such rules and regulations consistent with the provisions of this
article and the laws of the Commonwealth of Massachusetts as shall
carry out the purposes of this article.
Nothing in this article shall affect the adoption of regulations
affecting street furniture by other government bodies, such as historic
district commissions, to the extent such bodies are authorized to
adopt such regulations.
The provisions of this article shall be severable, and if any
section, part, or portion hereof shall be held invalid for any reason
by a court, the decision of such court shall not affect or impair
any remaining section, part or portion thereof.