(C0178-19)
This article establishes a permitting process and sets standards to regulate the design, placement, installation, and/or maintenance of newsracks in the city of Everett. This article sets regulations to ensure enforcement of these standards, and collection and payment of appropriate fees.
(C00178-19; amended as part of October 2021 update. Formerly 17-90)
When used in this article, unless the context otherwise requires, the following terms shall have the following meanings:
(a) 
“Certificate of compliance” shall mean the certificate of compliance issued by the city clerk in accordance with the provisions of this article.
(b) 
“Certificate holder” shall mean the holder of a certificate of compliance issued by the city clerk in accordance with the provisions of this article.
(c) 
“Operator” shall mean any natural person or other legal entity including, but not limited to, corporations, partnerships, joint ventures and the like who own, operate or otherwise are in control of the newsrack.
(d) 
“Newsrack” shall mean any type of self-service device for the vending or distribution of newspapers, periodicals, or printed material of any nature.
(e) 
“Public way” shall mean any public highway, private way laid out under authority of statute, way dedicated to public use, or way under control of a body having like power.
(A0173-12; C0178-19; amended as part of October 2021 update. Formerly 17-91)
(a) 
Requirement.
No person shall place, affix, erect, constitute or maintain a newsrack in or on any part of a public way without first obtaining a certificate of compliance from the city clerk in accordance with the provisions of this article.
(b) 
The certificate of compliance must be renewed annually (on May 1 of each year) by application to the city clerk.
(c) 
Approving Authority.
The approving authority shall be the director of the department of public works or his/her designee. The director of the department of public works or his/her designee shall review and approve for compliance with Section 17-92, entitled “Certificate of compliance,” Section 17-94, entitled “Standards for placement of newsracks,” and Section 17-98, entitled “Installation and maintenance.”
(d) 
Issuing Authority.
The city clerk shall be the issuing authority of the application process and administration of this article. For the purposes of this article, Section 17-12 (Selling articles or goods in public ways) shall not apply.
(e) 
Application Process.
Applicants must complete a written application on a form provided by the city clerk.
(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 per location, per type:
(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 the natural person (if different from the applicant) whom the city 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 city of Everett as an additional insured in the amount of $1,000,000 to indemnify the city and hold it harmless from any and all claims or judgments for personal or bodily injury, including death, or property damage and from costs and expenses to which the city may be subjected or which it may suffer or incur by reason of design, placement, installation, operation or maintenance of any of the applicant’s newsracks. Reasonable evidence of self-insurance and completion/submission of an indemnity waiver may be substituted by the applicant for the certificate of insurance. Insurance under this section shall run continuously with the presence of the applicant’s newsrack(s) in the city of Everett public ways and any termination or lapse of such insurance shall be a violation of this article, subject to appropriate remedy under Section 17-95; 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 article.
(g) 
Issuance of a Certificate of Compliance.
(1) 
Upon a finding by the city clerk that the applicant is in compliance with the provisions of this article, the city clerk shall issue a partial certificate of compliance for installation by the applicant.
(2) 
The city clerk shall issue a partial certificate of compliance upon a finding that all of the proposed newsrack locations are in compliance with the provisions of this article.
(3) 
Issuance of a certificate of compliance or a partial certificate of compliance shall designate the applicant to be the certificate holder.
(4) 
The city clerk shall issue a certificate of compliance within 10 days of the city clerk’s receipt of the completed application. The city clerk may place reasonable conditions and/or restrictions on the certificate of compliance.
(5) 
Proposed locations shall be approved by the city clerk on a first-come first-serve basis and no preference shall be given to applicants who might have had newsracks in a particular location prior to the effective date of this article.
(h) 
Denial of Certificate of Compliance.
If an application for a newsrack location is denied:
(1) 
The city clerk shall notify the applicant within 10 days of the city clerk’s receipt of the completed application;
(2) 
The city clerk shall state the specific reason for denial;
(3) 
The applicant may reapply for a substitute alternative location without having to pay an additional application fee; and
(4) 
The applicant may appeal within 30 days of such denial by requesting in writing to the city clerk an appearance before the city of Everett hearing officer to review such denial.
a. 
The appeal shall be heard within 20 days of receipt of the appeal; and
b. 
The decision on the appeal shall be sent to the applicant within 10 days after the hearing.
(i) 
The city clerk 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, public nuisance, or if the newsrack is considered to be a blight in accordance with the Revised Ordinances of the city of Everett.
(C00178-19; amended as part of October 2021 update. Formerly 17-92)
(a) 
Certificate of Compliance.
There shall be a certificate of compliance fee. The fee shall be due upon initial application and upon each annual renewal.
(b) 
Additional Certificate of Compliance.
If, at any time after the city clerk has issued a certificate of compliance, a certificate holder proposes to install additional newsracks or modify the size and/or dimensions of existing newsracks, then the provisions of Section 17-92 are to be repeated. Additional certificate of compliance fees shall be in accordance with subsection (a) of this section, except that the certificate fee is waived if previously paid.
(c) 
Annual Fee.
In addition to the certificate of compliance fee, an annual fee per newsrack shall be paid to the city to offset the city's cost of monitoring compliance with this article.
(d) 
Where the city clerk has required newsracks to be set in corrals or at hitching posts pursuant to Section 17-94, additional fees shall be imposed by the city clerk on certificate holders to offset the city’s costs for each corral or hitching post used by such certificate holder.
(C00178-19; amended as part of October 2021 update. Formerly 17-93)
(a) 
No person shall place, cause to be placed, or maintain a newsrack on any public way or sidewalk:
(1) 
Within 5 feet of a handicapped access ramp;
(2) 
Within or overhanging the roadway;
(3) 
Within 6 inches of a curb;
(4) 
Within 5 feet of a curb return of any marked crosswalk;
(5) 
Within 5 feet of any fire hydrant or hose connection;
(6) 
Within 3 feet of any manhole, service gate, valve cover, sewer gate or other access panel or cover located in a public way or sidewalk;
(7) 
Within 5 feet of a driveway;
(8) 
Within 5 feet of a bike rack;
(9) 
Within 10 feet of a splash pad;
(10) 
Immediately adjacent to a designated loading zone, a handicapped parking space, a zone reserved for emergency vehicles;
(11) 
So as to impede egress from legally parked motor cars;
(12) 
So as to impede the operation of standard sidewalk snowplows in use by the city of Everett except where said sidewalk snowplows would be otherwise impeded, as determined by the city clerk;
(13) 
Within 4 feet of the door of any building measured in a line perpendicular from the horizontal line made by the door when closed;
(14) 
So as to create an imminent danger of harm to persons or property;
(15) 
Directly abutting a public flowerbed, memorial or sculpture;
(16) 
Within 5 feet of a city-owned tree, traffic control device, or police or fire call box;
(17) 
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 of Everett zoning ordinances, except designated bus stops and MBTA railroad platforms, crossings and parking lots. This restriction shall not apply to parcels zoned for a mixed residential and business use; and
(18) 
In a manner that violates any provision of state or federal law.
(b) 
Newsracks may be secured to one another; provided, that they are no more than 6 inches apart; and provided, that the newsracks are aligned in a row that is parallel to the nearest curb line. Individual newsracks shall be installed parallel to the nearest curb line in a single file.
(c) 
Newsracks may only be attached or secured to city-owned property with the express permission of the city clerk and then, only if the newsrack is otherwise in compliance with the provisions of this article.
(d) 
Newsracks shall not exceed the following dimensional requirements:
(1) 
Height: 3 1/2 feet from the ground;
(2) 
Width: 2 feet; and
(3) 
Length: 2 feet.
(e) 
Newsracks shall be contracted 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 time as determined by the city clerk.
(f) 
No newsrack shall bear any advertising other than that directly relating to the printed matter dispensed by the newsrack.
(1) 
A newsrack may dispense more than 1 publication (printed matter) if it is published by the owner of the newsrack or an affiliate thereof; and
(2) 
The newsrack may bear advertising directly related to each publication dispensed by the newsrack.
(g) 
Prior to its placement, the color of the newsrack is subject to approval by the department of planning and development. Solid black is the only by-right color, and thus does not require the approval of the department of planning and development.
(C00178-19; amended as part of October 2021 update. Formerly 17-94)
(a) 
Any newsrack which does not have a certificate of compliance issued or for which an application is not pending review or whose placement is not in compliance with the standards set forth in Section 17-94 shall be removed by the city clerk immediately upon the city clerk being notified on noncompliance. The city of Everett shall not be responsible for any damage caused during the removal for noncompliance.
(b) 
Enforcement of the provisions of this article shall be carried out by the city clerk. Upon a determination that a violation of any provision of this article exists, the city clerk shall notify the certificate holder of the violation via first class mail. If the city clerk is without knowledge of the address of the owner of the newsrack, he shall be entitled to rely on whatever information is on the outside thereof, if any.
(1) 
The notice shall include:
a. 
The date and location of the incident or other cause giving rise to the incident;
b. 
A brief and concise statement of the facts causing the violation; and
c. 
Notice to 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 city clerk, unless the violation is corrected.
(c) 
Upon removal of the newsrack, the city clerk shall send, by first class mail, written notice of such removal to the certificate holder.
(d) 
Notwithstanding the provisions of the foregoing subsections, the city clerk may: order the immediate removal of any newsrack(s) that the city clerk determines to present an imminent threat or peril to public safety, or a nuisance to the public, provided the certificate holder shall be notified of such removal as soon as practicable thereafter; and further provided, that any newsracks so removed shall be stored for a period of 30 days in order to allow the certificate holder to retrieve the newsrack. If the city clerk removes a newsrack under this subsection (d) that does not have a certificate of compliance, the city clerk may dispose of the newsrack at the end of the 30-day period. The city of Everett shall not be responsible for any damage caused during the removal for noncompliance.
(e) 
Except as provided in subsection (f)(2) of this section, the city clerk may remove and store at the owner’s expense any newsrack(s) that remains in violation for more than 30 days after the date for compliance specified in subsection (b)(1)(c) of this section; provided, that the city clerk shall give written notice to the owner stating:
(1) 
The date the newsrack was removed;
(2) 
The reasons for removal;
(3) 
The storage location; and
(4) 
The procedure for claiming the machine.
(f) 
The owner of a newsrack may avoid removal of the newsrack by:
(1) 
Correcting the violation immediately and so informing the city clerk; or
(2) 
Making a written request for a hearing on the violation before the city clerk prior to the date set for compliance in which case the newsrack may remain in place pending the city clerk’s decision on the matter. Said hearing shall be held no later than 20 days after receipt of a written request for a hearing and a decision shall be rendered within 20 days thereafter.
(g) 
If maintenance, repair or construction of a public way, sidewalk or public or private property in or adjacent to the public way cannot be accomplished without the removal of a newsrack, the city clerk shall give written and/or telephone notice to the certificate holder ordering removal of the newsrack; provided, that said notice shall specify the reason for the removal and the date of notice.
(1) 
If the city clerk determines that delay would cause unreasonable risk of harm to persons or property or would cause a delay in the maintenance, repair or construction work, the city clerk may remove the newsrack.
(C00178-19; amended as part of October 2021 update. Formerly 17-95)
(a) 
A newsrack removed pursuant to this article may be retrieved by the certificate holder at any time within 30 days of its removal upon payment of a removal fee of one hundred fifty dollars ($150.00) plus a storage fee of ten dollars ($10.00) per day, up to 30 days. After 30 days, the newsrack shall be subject to disposal.
(b) 
After 30 days, any newsracks removed by the city clerk pursuant to Section 17-95 shall be deemed abandoned property and become the property of the city of Everett.
(c) 
Failure of a certificate holder to retrieve a newsrack within the specified 30-day period shall not operate to dismiss any fees owed to the city for removal and storage of such newsrack(s). Unpaid fees accrued pursuant to this section shall be considered a debt payable to the city.
(C00178-19. Formerly 17-96)
It shall be unlawful for any operator to use a newsrack for advertising or publicity purposes than that dealing with the display, sale or purchase of the publications dispensed therein.
(C00178-19; amended as part of October 2021 update. Formerly 17-97)
Newsracks shall be constructed of weather-resistant and environmental-resistant material(s) 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 the newsrack.
(b) 
Each newsrack shall be:
(1) 
Installed or placed on 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 neat and clean condition;
(4) 
Maintained in a condition that is free of accumulations of outdated printed materials, trash, rubbish or debris; and
(5) 
Handicapped accessible, as defined by the state Architectural Access Board at 521 CMR.
(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 materials are being dispensed are not broken and are reasonably free of tears, peeling or fading; and
(5) 
The structural parts of the newsrack are not broken or unduly misshapen.
(d) 
Each newsrack shall contain, both on its exterior and in its interior, only appropriate materials. Such a determination shall be made at the city clerk’s discretion.
(Ord. of 01-31-2003; C0178-19; amended as part of October 2021 update)
The provisions of this article shall be severable and if any section, part or position 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.