[Adopted by Ord. No. 1676 (Sec. 7.13 of the Codification)]
A.
Purpose. The purpose of this article is to promote the public health,
safety and welfare through the regulation of placement, appearance
and servicing of newsboxes on public rights-of-way:
(1)
To reduce the exposure of the Village to personal injury or property
damage claims and litigation;
(2)
To provide for pedestrian and driving safety and convenience;
(3)
To provide reasonable access for the use and maintenance of sidewalks,
poles, posts, traffic signs and signals, benches, hydrants, and access
to locations used by pedestrians and for public transportation purposes;
(4)
To restrict unreasonable interference with the flow of pedestrian
and vehicular traffic including ingress to or egress from businesses,
residences, and from the street to the sidewalk by persons accessing
parked or standing vehicles;
(5)
To protect and improve the aesthetics and value of properties within
the Village.
B.
Preservation of rights. It is not the intent of this section to in
any way discriminate against, regulate or interfere with the publication,
circulation, distribution or dissemination of any printed material
that is constitutionally protected. It is further the intent of this
section to treat all such publications fairly regardless of their
size, content, circulation or frequency of publication and to maintain
and preserve the freedom of the press.
The following definitions shall be applicable in this article:
Both sides of any street in a public right-of-way which exists
between two consecutive intersecting streets and is intended to include,
but not be limited to, the roadways, streets, parkways, alleys and
sidewalks within that right-of-way.
Any type of self-service or coin-operated box, container,
storage unit, or other dispenser installed, used or maintained for
the sale, display or dissemination of newspapers, news periodicals
or written materials, including circulars, pamphlets, papers, booklets
and any other printed or otherwise reproduced written material which
advertises for sale any merchandise, product, commodity or thing,
or which attracts attention to any business, commercial establishment
or other activity for the purpose of directly promoting the interest
thereof by sales, private gain or profit.
The area between the sidewalk and the curb of any street.
A.
Prohibitions. No newsboxes shall be placed, installed, used or maintained
in a public right-of-way:
(1)
Within 15 feet of any marked crosswalk;
(2)
Within 15 feet of the curb return of any unmarked crosswalk;
(3)
Within 10 feet of any fire hydrant;
(4)
Within 100 feet of any other newsbox containing the same newspaper,
news periodical or written material, except where separated by a street
corner;
(5)
Within five feet of any driveway;
(6)
Within five feet ahead of and 15 feet to the rear of any sign marking
a designated bus stop measured along the curb of the street;
(7)
On or within five feet of any access ramp for disabled persons;
(8)
On the sidewalk area or any area that is established for pedestrian
movement
(9)
Where it projects onto, into or rests wholly or in part upon the
roadway of any public street;
(10)
Within three feet of or on any public area improved with flowers,
shrubs, trees or other landscaping;
(11)
Within three feet of any display window of any building abutting
the sidewalk or parkway, or in such a manner as to impede or interfere
with the reasonable use of such window for display purposes;
(12)
Within Districts 1, 1A, 2, 3, 5, and 9.
B.
Newsboxes grandfathered. Newsboxes placed in the Village as of the
effective date of this article may be maintained in the same location
until they are moved or replaced, at which time they shall comply
with the requirements of this article.
C.
No attachments. No newsbox may be attached by chain, bolt, cable
or by any other means of attachment to any light posts, traffic signs
or signals, poles, posts, benches, trees, bike racks or hydrants in
the public right-of-way, nor attached to any paved surface in the
public right-of-way.
A.
Placement distances. Newsboxes may be placed next to each other,
provided that no group of newsboxes shall extend for a distance of
more than eight feet along a curb, and a space of not less than six
feet shall separate each group of newsboxes.
B.
Number. No more than five newsboxes shall be located on any public
right-of-way within a space of 200 feet in any direction within the
same block of the same street; provided, however, that no more than
10 newsboxes shall be allowed on any one block. No individual newsbox
owner or publication may locate more than two boxes in the public
right-of-way on any block. No more than five newsboxes shall be grouped
together. In determining which newsboxes shall be permitted to be
located or to remain if already in place, the Village Manager shall
be guided solely by the following criteria:
C.
Parked vehicles. Newsboxes shall not interfere with parked vehicles,
including the opening of vehicle doors.
A.
Graffiti abatement. The owner of any newsbox shall not continue to
use any newsbox that has been defaced with graffiti; further, the
owner shall be responsible to remove graffiti within 24 hours of notification
by a Village official.
B.
Maintenance and repair. Each newsbox shall be adequately maintained
in a neat and clean condition and in good repair at all times. As
used in this section, "adequate maintenance" and "good repair" shall
mean that each newsbox is serviced and maintained:
(1)
To be reasonably free of dirt and grease;
(2)
To be reasonably free of chipped, faded, peeling or cracked paint
on the areas visible on the outside of the box;
(3)
To be reasonably free of rust and corrosion on the areas visible
on the outside of the box;
(4)
Such that clear plastic or glass parts, if any, are reasonably free
of cracks, dents and discoloration.
C.
Size. No newsbox shall exceed 50 inches in height and 30 inches in
width or depth.
D.
Coin boxes. Newsboxes equipped with a coin box shall also have a
coin-return mechanism to permit a person using the box to secure an
immediate refund in the event the person is unable to receive the
materials paid for. The coin-return shall be maintained in good working
order at all times.
E.
Person to be notified. Each newsbox shall have affixed to it, in
a readily visible place so as to be seen by anyone using the newsbox,
a notice setting forth the name and address of the newsbox owner or
owner's representative, and a telephone number of a working telephone
service to call and report malfunctions and other violations of this
section.
F.
Color. The Community Development Authority by resolution may designate
an acceptable color or colors for newsboxes in the Village. Newsboxes
in the Village must comply with any such designation of acceptable
colors.
A.
Notice of violation. Upon determination by the Village Manager that
a newsbox has been installed, used, or maintained in violation of
the provisions of this article, an order to correct the violation
shall be issued by posting a copy of the order upon the newsbox itself,
and by mailing a copy of the order by certified mail to the owner
or owner's representative. The order shall specifically describe
the offending condition and provide information regarding the right
of appeal. Within 15 days of the issuance of the order, the owner
of the newsbox shall either:
B.
Removal. If after 15 days the owner of the newsbox has not taken
action as prescribed within this section, the offending newsbox may
be removed from the public right-of-way by the Village. Notice shall
be sent to the owner or owner's representative advising that
the newsbox has been removed and that a fee for removal shall be assessed
as provided herein.
C.
Emergency removal. The fifteen-day notice of violation provision
which would be required prior to removal may be waived when, in the
discretion of the Village Manager, immediate removal of a newsbox
is required because of its condition or its placement and the newsbox
presents a serious and immediate threat to public health and safety.
D.
Fees. The cost of removal shall be assessed against the owner of
each newsbox removed by the City under this section. The Village Manager
shall cause inspection to be made after a condition cited under this
article has been corrected. The owner of the newsbox shall be charged
an inspection fee as set from time to time by the Village Board for
each newsbox so inspected.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
Any person or entity aggrieved by a finding, determination,
notice, order or action taken under the provisions of this article
may appeal to the Board of Appeals within 30 days of being served
by certified mail with such finding, determination, notice, order
or notice of action taken.
