[Ord. 71, passed 10-27-1998; amended Ord. 73, passed 10-9-2001]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A sequentially numbered sticker issued by the Superintendent
for placement on individual newsracks in accordance with the provisions
of this chapter.
That portion of a roadway ordinarily included within the
prolongation or connection of curblines and property lines at intersections,
or at any portion of a roadway clearly indicated for pedestrian crossing
by lines on the road surface or by other markings or signs.
The point at which the crosswalk pavement markings meet the
sidewalk.
That portion of a public or private parking lot, private
driveway or private road which is designed to provide access for fire
trucks.
Any unstaffed container, box, bin, vending machine, display,
stand, rack or other device used for the purpose of dispensing printed
matter with or without cost to the consumer.
Any mechanical device placed or erected on any public way
or municipal off-street parking area within the City for the regulation
of parking.
Any individual, corporation, society, association, partnership,
organization or other entity circulating printed matter.
Any newspaper, directory, handbill, advertising matter, magazine,
circular, flyer, book, pamphlet, catalogue or other publication.
The entire width between property lines of every street or
highway that is open to the public for purposes of travel.
That portion of a public way that is intended for the use
of motor vehicles.
That portion of a public way that is set aside for pedestrian
travel.
The Superintendent of Public Works of the City of Watertown
or their designee.
An area in the roadway in which certain taxicabs are authorized
and required to park while waiting to be engaged.
Any device using colored lights which conforms to the standards
as prescribed by the Commonwealth of Massachusetts, whether manually,
electrically or mechanically operated, by which traffic may be alternately
directed to stop and to proceed.
[Ord. 71, passed 10-27-1998; amended Ord. 73, passed 10-9-2001]
(A)
Any person who placed a newsrack or caused a newsrack to be placed
upon any sidewalk or public way in the City prior to the effective
date of this chapter and who wishes to maintain said newsrack on and
after said date shall, within 60 days after said date, apply for a
permit from the Superintendent in accordance with the provisions of
this chapter.
(B)
Any person who, on or after the effective date of this chapter, intends
to place a newsrack or cause a newsrack to be placed on a sidewalk
or public way in the City, shall apply for a permit from the Superintendent
in accordance with the provisions of this chapter prior to installing
the newsrack.
(C)
The Superintendent shall provide a permit application form which
shall be completed by every person who places or maintains a newsrack
on a public way in the City. The form shall require the applicant
to provide the following information:
(1)
A description and sketch sufficient to show the precise address
and location of each newsrack; the height, width and depth of each
newsrack; and the manner in which each newsrack will be held in place;
(2)
The name, address and telephone number of the owner of each
newsrack and the name, address and telephone number of a person responsible
for the maintenance and operation of the newsrack who may be contacted
in an emergency; and
(3)
A statement that the specified location and the newsrack comply
with the provisions of this chapter.
(D)
Each applicant for a permit or renewal of a permit shall prepare
a single application form upon which all newsracks owned by that person
and located on a public way or sidewalk in the City shall be listed,
together with the information required pursuant to division (C) of
this section.
(E)
Permits shall be valid for a period of one year from the date of
issue and, upon application, may be renewed by the Superintendent
on an annual basis.
(F)
Any person granted a permit or renewal seeking to alter the terms
of the permit shall provide an amended application prior to making
alterations.
(G)
All permit applications, amendment applications, and renewal applications
shall be accompanied by a check or money order made out to the City
of Watertown in the amount of the fee specified from time to time
by the City Manager for the permit, amendment application, or permit
renewal.
(H)
The City Manager is authorized to establish reasonable fees for original
permit applications, annual renewal applications, amendment applications,
compliance stickers, and reinspection fees provided that such fees
do not exceed the actual cost of administering this chapter.
(I)
Within 14 days after receipt of an application for a permit or renewal
of a permit under this chapter, the Superintendent shall either issue
or renew the permit or deny the application by giving written notice
and a statement of reasons to the applicant. A denial shall be based
upon the failure of the applicant to satisfy the requirements set
forth in this chapter. Proposed locations shall be approved on a first-come,
first-served basis by the Superintendent. No preference shall be given
to applicants who might have had newsracks in a particular location
prior to the effective date of this chapter.
(J)
If the Superintendent has not acted on a permit application within
14 days of receipt thereof, pursuant to division (I) of this section,
the permit will be deemed issued or renewed subject, however, to all
other applicable provisions of this chapter.
(K)
Within 30 days of issuing a permit, the Superintendent shall determine
the compliance of the newsrack(s) with all provisions of this chapter.
Based upon such determination, the Superintendent shall issue or decline
to issue a compliance sticker for each newsrack. Compliance stickers
shall be issued annually for each approved newsrack, which shall forthwith
be affixed by the Superintendent to each newsrack.
(L)
If the Superintendent denies an application, in whole or in part,
or denies a compliance sticker, the applicant may appeal the Superintendent's
decision to the City Manager by giving written notice to the Manager
within 10 days after receipt of notice of the Superintendent's decision.
(M)
The City Manager or designee shall hold a public hearing on the appeal
no later than 30 days after receipt of said notice by the Manager
and shall, within 14 days after a public hearing, issue an order affirming,
reversing or modifying the Superintendent's decision. If an order
has not been issued by the City Manager within 14 days after hearing,
the Superintendent's decision shall be deemed affirmed.
(N)
During the pendency of an appeal, the newsrack(s) may remain in place
subject to the removal provisions of § 4.05.
(O)
To be in compliance with this chapter, a newsrack must have an approved
permit and a compliance sticker affixed to it.
[Ord. 71, passed 10-27-1998; amended Ord. 73, passed 10-9-2001]
(A)
No persons shall place, cause to be placed or maintain a newsrack
on any public way or sidewalk:
(1)
Within 10 feet of a handicapped access ramp;
(2)
Within or overhanging the roadway;
(3)
Within six inches of a curb;
(4)
Within 15 feet of the curb return or any marked crosswalk;
(5)
Within five feet of any fire hydrant or fire hose connection;
(6)
Within five feet of any manhole, service gate, valve cover,
sewer grate or other access panel or cover located in a public way
or sidewalk;
(7)
Within five feet of a driveway;
(8)
Immediately adjacent to a designated loading zone, a handicapped
parking space, a zone reserved for emergency vehicles;
(9)
So as to reduce the width of a sidewalk to less than four feet
for the passage of travelers unless the width of the sidewalk is otherwise
reduced to less than four feet, as determined by the Superintendent,
in which case the newsrack may be installed so as to avoid further
reducing the width of the sidewalk;
(10)
So as to impede ingress to and egress from legally parked motor
vehicles, buses or other modes of transportation;
(11)
So as to impede the operation of standard sidewalk snow plows
in use by the City of Watertown except where said sidewalk snow plows
would be otherwise impeded, as determined by the Superintendent;
(12)
Within a rectangular area 10 feet in front of any door of any
building and three feet to either side of the door;
(13)
So as to create an imminent danger of harm to persons or property
as demonstrated by specific facts;
(14)
Directly abutting a public flower bed, tree pit, memorial or
sculpture, or on or within a memorial traffic island, circle or square
designated on a list to be maintained and available during regular
business hours at the Department of Public Works;
(15)
So that it is attached to City-owned property, including a City-owned
tree, traffic control signal device, police or fire call box, fire
hydrant, sign or parking meter;
(16)
Directly in front of and on the same side of the street as any
parcel zoned solely for residential use as defined in the City zoning
code, except at designated bus stops, MBTA crossings and parking lots.
This restriction shall not apply to parcels zoned for a mixed residential
and business use;
(17)
In a manner that violates any provision of state or federal
law.
(B)
In addition to the restrictions listed in division (A) of this section,
all newsracks shall meet the following standards:
(1)
Newsracks may be secured to one another provided that they are
no more than six inches apart and provided that the newsracks are
aligned in a row that is parallel to the nearest curb line and no
longer than 10 feet in length. Individual newsracks shall be installed
parallel to the nearest curb line. Newsracks may not be clustered
back-to-back to form two rows as the open area between them can become
a repository of rubbish. Newsracks must be placed side by side parallel
to and not less that six 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.
(2)
Newsracks shall not exceed the dimensional requirements of a
height of 4-1/2 feet from the ground, width of two feet, and a length
of two feet. Newsracks shall be constructed and maintained so that
they do not constitute a hazard or safety problem for travelers and
others using the sidewalks and public ways. They shall be maintained
in good repair and clean and safe condition and shall be removed if
their use is discontinued for a period of 20 days or longer.
(3)
No newsrack shall bear any advertising other than that directly
relating to the printed matter dispensed by the newsrack. A newsrack
may dispense more than one publication (printed matter) if it is published
by the owner of the newsrack or an affiliate thereof and the newsrack
may bear advertising directly related to each publication dispensed
by the newsrack.
(4)
Each newsrack shall clearly display the name, address and telephone
number of the owner of the machine and the person to contact in connection
with the maintenance and operation thereof.
[Ord. 71, passed 10-27-1998; amended Ord. 73, passed 10-9-2001]
(A)
No person shall place, cause to be placed or maintain a newsrack
upon any sidewalk or public way in the City in violation of the provisions
of this chapter.
(B)
In the event that a newsrack is determined to be in violation of any of the provisions of this chapter, including the failure to pay in a timely manner when due any fee imposed in connection with the location and maintenance of such newsracks, the Superintendent shall provide written notice to the owner or the owner's agent that the newsrack is in violation of this chapter. Such notice shall state the substance of the violation, shall set a date for compliance which shall not be less than 10 business days after the date notice is issued, shall state that the owner is subject to a penalty as specified in § 94.99 of this chapter, and shall state the right of the Superintendent to initiate removal proceedings pursuant to § 94.05.
[Ord. 71, passed 10-27-1998; amended Ord. 73, passed 10-9-2001]
(A)
Except as provided in divisions (C) and (D) of this section, the Superintendent may remove and store at the owner's expense any newsrack that remains in violation for more than 30 days after the date for compliance specified in § 94.04 provided that the Superintendent shall give written notice of removal to the owner stating the date the newsrack was removed, the reasons for removal, the storage location, and the procedure for claiming the machine. Newsracks removed pursuant to this chapter may be retrieved by the owner at any time within 30 days of its removal upon payment of a removal fee and storage fee as set by the City Manager.
(B)
Except as provided in division (C) and (D) of this section, the owner
of any newsrack may avoid removal of the newsrack by:
(1)
Correcting the violation and so information the Superintendent;
or
(2)
By making a written request for a hearing on the violation before
the Superintendent prior to the date set for compliance in which case
the newsrack may remain in place pending the Superintendent's decision
on the matter. Said hearing shall be held no later than 10 days after
receipt of a written request for a hearing and a decision shall be
rendered within 10 days thereafter.
(C)
Notwithstanding any other provisions of this chapter, if the Superintendent
or a public safety official determines that a newsrack constitutes
an imminent danger of harm to persons or property, the Superintendent
or a public safety official may remove the newsrack provided that
the owner of the newsrack shall be notified of such removal and provided
that the newsrack shall be stored for a reasonable period of time
so that the owner can retrieve it.
(D)
If maintenance, repair, or construction of a public way, sidewalk
or public or private property in or adjacent to the public way cannot
be safely accomplished, in the opinion of the Superintendent, without
the removal of a newsrack, the Superintendent shall give written and/or
telephone notice to the newsracks's owner ordering the removal of
the newsrack provided that said notice shall specify the reason for
the removal and the date for compliance which shall not be less than
10 days after the date of notice. If the Superintendent determines
that delay would cause an unreasonable risk of harm to persons or
property or would cause a delay in the maintenance, repair or construction
work, the Superintendent may remove the newsrack, provided that the
owner of the newsrack shall be notified of the removal; that the newsrack
shall be stored for a reasonable period of time so that the owner
can retrieve it and further provided that the owner may replace the
newsrack when said maintenance, repair or construction is completed.
(E)
The Superintendent, with the approval of the City Manager, is authorized
to establish fees for the removal and storage of newsracks that are
removed at the direction of the Superintendent or public safety officials
in accordance with the provisions of this chapter provided that said
fees do not exceed the actual cost of removal and storage.
(F)
If a newsrack remains unclaimed for more than 60 days after notice
of removal is sent to the owner or for more than 60 days after the
newsrack is removed if the owner is unknown, then possession of the
newsrack shall be transferred to the Watertown Police Department and
the newsrack shall be disposed of as unclaimed property in accordance
with law.
[Ord. 71, passed 10-27-1998; amended Ord. 73, passed 10-9-2001]
In the event that a newsrack is not in compliance with any of the provisions of this chapter as of the date set for compliance under § 94.04(B) of this chapter, then the owner of the newsrack shall be subject to a fine of $25 per day for each day of non-compliance until the date the violations are corrected or the newsrack is removed.
