[Adopted 6-20-1983 by Ord. No. 84-1]
This article is intended to further the following
public safety purposes:
A.Â
To discourage the practice of driving from the traveled
portions of Village streets without curbs directly onto the parkway
areas along the street but in the public right-of-way and to discourage
the practice of driving over drainage ditches in the public right-of-way,
which practice by persons making deliveries using containers like
those referred to herein have in the past damaged the parkway areas
and the drainage ditches resulting in expense to the Village and an
interference with the drainage of stormwater.
B.Â
To help eliminate the safety hazard of a vehicle in
the public street starting and stopping frequently in areas where
houses or businesses are located very close together. (An example
would be the downtown area.)
C.Â
As to very narrow streets, to help eliminate a safety
hazard so as to discourage the use of motor vehicles to make numerous
house-to-house deliveries, one after the other, which results in one
of only two traffic lanes being blocked,
D.Â
To discourage the placement of unnecessary obstructions
on public streets and public rights-of-way.
It shall be unlawful in the Village to place
on the public right-of-way, including the parkway area between the
traveled portion of the street and the front lot line of the adjacent
private lot, a container, box, tube or other receptacle intended to
be, or that could be, used for the purpose of delivering magazines,
handbills, books, newspapers, pamphlets, packages or tangible objects
from any vehicle (auto, truck, bicycle, etc.), situated on a public
street, without first obtaining a permit as provided for herein.
A violation of this article is hereby declared
to be a public nuisance.
An applicant is defined as being the supplier
of the product or material.
A.Â
An application for a permit to install any such container
shall be in writing, shall contain a precise diagram and description
of the containers sought to be installed including the location thereof,
as well as the items purposed to be delivered. Within 45 days after
filing of such application with the Village Clerk the Village Board
will conduct a hearing on such application at a public meeting, at
which time the applicant may present whatever evidence and argument
in support of such application as he cares to present. At least 10
days' notice by mail of such hearing shall be given by the Clerk to
such applicant. The Village Board shall act on such application at
the conclusion of such hearing or at a subsequent public meeting within
30 days after such public hearing.
B.Â
At the public hearing the applicant shall establish
clearly that his delivery plan and device:
(1)Â
Will not damage the public parkway or any part of
the storm drainage system.
(2)Â
That the applicant's customer has consented in writing
to the use and placement of the delivery device.
(3)Â
That the applicant will make available all the various
types of delivery services and plans to all customers inside the village
limits.
(4)Â
That the applicant will use the same type delivery
and devices in all incorporated areas served by that applicant containing
the same or similar population density per block.
(5)Â
That in all areas where the lots are 65 feet in width
or less, the delivery plan will not pose a safety hazard.
(6)Â
That any identification incorporated on a delivery
device is essential to the delivery plan.
(7)Â
That the use of the public right-of-way will not create
an obstruction or pose a threat to the public safety or public property.
(8)Â
That the use of the delivery device will not depreciate
property values in the village.
(9)Â
That the use of the public right-of-way will not pose
a threat to the public safety or the public property.
