The following terms shall be defined, for the purposes of this by-law, as follows:
COMMISSIONER
The Commissioner of Public Works of the Town of Brookline or their designee.
CROSSWALK CURB RETURN
The point at which the crosswalk pavement markings meet the sidewalk.
NEWSRACK
Any 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.
PERSON
Any individual, corporation, society, association, partnership, organization or other entity circulating printed matter.
PRINTED MATTER
Any newspaper, directory, handbill, advertising matter, magazine, circular, flyer, book, pamphlet, catalogue or other publication.
PUBLIC WAY
The entire width between property lines of every street or highway that is open to the public for purposes of travel.
ROADWAY
That portion of a public way that is intended for the use of motor vehicles.
SIDEWALK
That portion of a public way that is set aside for pedestrian travel.
A. 
Any person who places a newsrack or causes a newsrack to be placed upon any sidewalk or public way in the Town prior to the effective date of this by-law and who wishes to maintain said newsrack on and after said date shall, within 60 days of said date, apply for a permit from the Commissioner in accordance with the provisions of this by-law.
B. 
No person, on or after the effective date of this by-law, shall place a newsrack or cause a newsrack to be placed on a sidewalk or public way in the Town without a valid permit received from the Commissioner in accordance with the provisions of this by-law. A newsrack on a sidewalk or public way without such permit affixed to it may be removed immediately by the Commissioner.
C. 
The Commissioner 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 Town of Brookline. The form shall require the applicant to provide the following information:
(1) 
A description sufficient to show the precise address and location of each newsrack and whether or not it is attached to Town-owned property;
(2) 
The name, address, email address and telephone number of the owner of each newsrack and the name, address, email 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 certification that the specified location and the newsrack comply with the provisions of this by-law.
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 Town shall be listed.
E. 
Permits shall be valid only during the calendar year for which they are issued and, upon application, may be renewed by the Commissioner on an annual basis. Renewal applications must be received by the Commissioner with all required fees and payment of any outstanding fees and fines prior to December 1 to ensure timely renewal for the following calendar year. The owner shall ensure that newsracks are in compliance with this by-law at the time of permit issuance and any renewal.
F. 
Each person granted a permit or renewal thereof under this by-law shall thereafter give notice to the Commissioner of any change in the location of a newsrack or the installation of a newsrack in a location not previously listed on a permit by the submission of a quarterly amendment application to the Commissioner. Upon receipt by the Commissioner, the amendment application shall constitute an amendment to the permit; subject, however, to all other applicable provisions of this by-law. The Commissioner shall specify on the permit the dates for receipt of such quarterly amendment applications, provided that they occur at intervals of not less than 90 days, commencing on the date the permit was issued.
G. 
The Select Board is authorized to establish reasonable fees for original permit applications, annual renewal applications and amendment applications, provided that such fees do not exceed the actual cost of administering this by-law. Newsracks owned by the Town of Brookline shall be exempt from fees. No permit shall be issued, renewed or amended without payment of the required fees and any outstanding fees and fines. No permit shall be affixed to any newsrack that is not in compliance with this by-law.
H. 
Within 14 days of receipt of an application for a permit or renewal of a permit under this by-law, the Commissioner 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 by-law.
I. 
If the Commissioner has not acted on a permit application within 14 days of receipt thereof, pursuant to Subsection H, the permit will be deemed issued or renewed; subject, however, to all other applicable provisions of this by-law.
J. 
If the Commissioner denies an application, in whole or in part, the applicant may appeal the Commissioner's decision to the Select Board by giving written notice to the Board within 10 days after receipt of notice of the Commissioner's decision.
K. 
The Select Board shall hold a public hearing on the appeal no later than 30 days after receipt of said notice by the Board and shall, within 14 days of a public hearing, issue an order affirming, reversing or modifying the Commissioner's decision. If an order has not been issued by the Board within 14 days of hearing, the Commissioner's decision shall be deemed affirmed.
A. 
No person shall place, cause to be placed or maintain a newsrack on any public way or sidewalk:
(1) 
Within five feet of a handicapped access ramp;
(2) 
Within or overhanging the roadway;
(3) 
Within six inches of a curb;
(4) 
Within five feet of the curb return of any marked crosswalk;
(5) 
Within five feet of any fire hydrant or fire hose connection;
(6) 
Within three 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 Commissioner, in which case the newsrack may be installed so as to avoid further reducing the width of the sidewalk;
(10) 
So as to impede egress from legally parked motor vehicles;
(11) 
So as to impede the operation of standard sidewalk snowplows in use by the Town of Brookline except where said sidewalk snowplows would be otherwise impeded, as determined by the Commissioner;
(12) 
Within four feet of the door of any building measured in a line perpendicular from the horizontal line made by the door when closed;
(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, memorial or sculpture;
(15) 
So that it is attached to a Town-owned tree, traffic control signal device, police or fire call box;
(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 Town of Brookline Zoning By-law, except at 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;
(17) 
In a manner that violates any provision of local, state or federal law;
(18) 
In a manner such that the Town permit is not visible from the public way.
B. 
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 curbline. Individual newsracks shall be installed parallel to the nearest curbline. Newsracks may be clustered back-to-back to form two rows, provided that the rows are parallel to the nearest curbline, that the Town permit is visible from the public way and that the newsracks otherwise comply with the provisions of this by-law.
C. 
Newsracks may only be attached or secured to Town-owned property with the express permission of the Commissioner, and then only if the newsrack is otherwise in compliance with the provisions of this by-law.
D. 
Newsracks shall not exceed the following dimensional requirements: height, 4 1/2 feet from the ground; width, two feet; length, two feet. 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 removed if their use is discontinued and shall be maintained in good repair and clean and safe condition such that each newsrack:
(1) 
Is regularly serviced;
(2) 
Is kept free of accumulations of outdated printed materials, trash, rubbish or debris;
(3) 
Is kept free of stickers (other than the Town permit) and graffiti, with graffiti being entirely removed or, in the case of graffiti on an opaque surface, covered with paint matching the color of the surface on which the graffiti has been placed;
(4) 
Is kept reasonably free of chipped, faded, peeling, or cracked paint and of rust or corrosion;
(5) 
Is maintained so that its clear glass or plastic parts, if any, through which the printed material being dispensed is visible are not broken and are kept free of stickers, graffiti, tears, peeling and/or fading;
(6) 
Is maintained so that its structural parts are not broken or misshapen.
E. 
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.
A. 
No person shall place, cause to be placed or maintain a newsrack upon any sidewalk or public way in the Town in violation of the provisions of this by-law. In the event that a newsrack is determined to be in violation of any of the provisions of this by-law,
(1) 
The Commissioner shall provide written, email and/or telephone notice to the owner or the owner's agent that the newsrack is in violation of this by-law. Such notice shall state the substance of the violation and, except as provided in Section 7.6.4B(3) and (4), which provide for immediate or expedited removal, shall set a date for compliance which shall not be less than 14 days after the date notice is given; and
(2) 
If the Commissioner determines that the violation has not been corrected on or after the date for compliance, the Commissioner may remove the newsrack in accordance with the provisions of Subsection B, below, and may assess a fine in accordance with provisions of Section 7.6.5.
B. 
Remedies.
(1) 
Except as provided in Section 7.6.4B(3) and (4), the Commissioner may remove and store at the owner's expense any newsrack that remains in violation after the date for compliance specified in Section 7.6.4A(1), provided that the Commissioner shall give email or 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 newsrack.
(2) 
Except as provided in Section 7.6.4B(3) and (4), the owner of any newsrack may avoid removal of the newsrack by:
(a) 
Correcting the violation and so informing the Commissioner; or
(b) 
By making a written request for a hearing on the violation before the Commissioner prior to the date set for compliance, in which case the newsrack may remain in place pending the Commissioner'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 thereof. A request for hearing shall not preclude the assessment of a fine in accordance with the provisions of Section 7.6.5, unless the Commissioner finds that the newsrack was in fact not in violation of this by-law on the date set for compliance.
(3) 
Notwithstanding any other provisions of this by-law, if the Commissioner or a public safety official determines (a) that a newsrack has been placed or maintained on a sidewalk or public way without a valid permit affixed to it or that a newsrack is not in compliance with this by-law at the time that an initial or renewal permit would be affixed to such newsrack, or (b) that a newsrack constitutes an imminent danger of harm to persons or property, the Commissioner 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.
(4) 
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 Commissioner shall give written, email and/or telephone notice to the newsrack's owner ordering 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 Commissioner 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 Commissioner 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.
(5) 
The Commissioner, with the approval of the Select Board, is authorized to establish fees for the removal and storage of newsracks that are removed at the direction of the Commissioner or public safety officials in accordance with provisions of this by-law, provided that said fees do not exceed the actual cost of removal and storage.
(6) 
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 Police Department and the newsrack shall be disposed of as unclaimed property in accordance with law.
In the event that a newsrack is not in compliance with any of the provisions of this by-law as of the date set for compliance under Section 7.6.4A(1) of this by-law, then the owner of such newsrack shall be subject to a fine of $25 per day for each day of noncompliance until the date the violations are corrected and proof of such correction is submitted to the Commissioner or the newsrack is removed.
The provisions of this by-law are severable. If any provision of this by-law is held invalid, invalidity shall not affect other provisions of this by-law, which shall remain valid.