[Adopted 6-27-2006 by Doc. 74[1] (Ch. 222, Art. XI, of the 1980 Code)]
[1]
Editor's Note: This ordinance was passed as
amended "to delay the implementation for six months and refer to Administration
and Finance Committee for further review and possible further amendments."
When used in this article, unless the context
otherwise requires, the following terms shall have the following meanings:
The holder of a certificate of compliance issued by the Superintendent
in accordance with the provisions of this article. A certificate holder
is responsible for the installation and maintenance of newsracks encompassed
by any certificate of compliance issued pursuant to the provisions
of this article and for compliance with all provisions contained herein.
The certificate of compliance issued by the Superintendent
to the certificate holder in accordance with the provisions of this
article.
Any type of unmanned device for the vending or free distribution
of newspapers, periodicals or printed material of whatever nature.
A sequentially numbered sticker issued by the Superintendent
for placement on individual newsracks in accordance with the provisions
of this article.
Any natural person or other legal entity including, but not
limited to, corporations, partnerships, joint ventures and the like
who either own, operate or are otherwise in control of a newsrack.
Any public highway, private way laid out under authority
of statute, way dedicated to public use, sidewalk or way under the
control of the Superintendent.
The Superintendent of Highways for the City of Haverhill
or such person as said Superintendent may from time to time designate.
The Superintendent has jurisdiction over the public ways in the City
of Haverhill.
A.
Requirement. No person shall place, affix, erect,
construct or maintain a newsrack in or on any part of a public way
without first obtaining a one-time-only certificate of compliance
from the Superintendent in accordance with the provisions of this
article.
B.
Limit. Only one certificate of compliance shall be
required for each operator of a newsrack or series of newsracks notwithstanding
the number of newsracks or similar devices dispensing such newspapers,
periodicals or newsracks or similar devices dispensing such newspapers,
periodicals or printed material.
C.
Issuing authority. The Superintendent shall be the
issuing authority and coordinator of the application process and administration
of this article.
D.
Approving authorities. The approving authorities shall be the Chief of Police and the Chief of the Fire Department. The approving authorities shall provide review and approval only as to compliance with § 222-76, Standards. The Superintendent shall provide review and approval coordination with the approving authorities, as well as review and approval as to compliance with § 222-74, Certificate of compliance, § 222-76 and § 222-79, Installation and maintenance.
E.
Application process. Applicants must complete a written
application on a form provided by the Superintendent.
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 information:
(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 a 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, approved by the City Solicitor, naming the City of Haverhill as an additional insured in an amount sufficient to indemnify the City and hold it harmless from any and all claims or judgments for personal and 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 the design, placement, installation, operation or maintenance of any of the applicant's newsracks. Reasonable evidence of self-insurance coverage may be substituted by the applicant for the certificate of insurance, if approved by the City Solicitor. Insurance under this article shall run continuously with the presence of the applicant's newsrack in City of Haverhill public ways and any termination or lapse of such insurance shall be a violation of this article, subject to appropriate remedy under § 222-80; 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. Upon a finding
by the Superintendent that the applicant is in compliance with the
provisions of this article, the Superintendent shall issue a certificate
of compliance for installation by the applicant. The Superintendent
shall issue a partial certificate of compliance upon a finding that
some of the proposed newsrack locations are in compliance with the
provisions of this article. Upon the issuance of a certificate of
compliance or a partial certificate of compliance the Superintendent
shall issue the appropriate number of newsrack stickers for the locations
that have been approved. Issuance of a certificate of compliance or
a partial certificate of compliance shall designate the applicant
to be the certificate holder. The Superintendent shall issue a certificate
of compliance within 10 days of the Superintendent's receipt of the
completed application.
H.
Denial of certificate of compliance. If an application
for some newsrack location shall be denied, the Superintendent shall
notify the applicant within 10 days of the Superintendent's receipt
of the completed application. The Superintendent shall state the specific
reasons for denial and will suggest alternative locations. The applicant
may reapply for a substitute alternative location without having to
pay an additional application fee. An applicant who has been denied
a certificate of compliance pursuant to this article may appeal at
any time by requesting in writing to the Superintendent to appear
before the City Council to review said denial. The City Council shall
hear the appeal within 20 days of receipt of the appeal or at the
next regularly scheduled meeting, whichever is sooner. The Council
shall send its decision to the publisher within seven days after the
hearing.
A.
There shall be a one-time-only certificate of compliance
fee in the amount of $150.
B.
Additional certificate of compliance. If at any time after the Superintendent has issued a certificate of compliance a certificate holder proposes to install additional newsracks, then the provisions of § 222-74 are to be repeated. The $150 one-time-only certificate of compliance fee is waived if previously paid.
A.
Placement. Subject to the prohibitions contained in
this article newsracks shall be placed parallel to and not less than
18 inches nor more than 24 inches from the edge of the curb. 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.
B.
No newsrack(s) shall be affixed, erected, installed,
placed, used or maintained:
(1)
At any location whereby the clear space for the passage
of pedestrians is reduced to less than four feet in width; and
(2)
Within five feet of any marked or unmarked crosswalk;
and
(3)
Within five feet of any fire hydrant, fire lane, fire
call box, police call box or other emergency facility, mail box, telephone
booth or stand; and
(4)
Within five feet of any part of a curb return of a
curb ramp or driveway, or in the case of a curb ramp or driveway without
a curb return, within five feet of the point where the curb edgestone
or edging begins a change in grade toward the driveway or ramp on
each side thereof, or in the case of a termination of the curb, edgestone
or edging without a change in grade or a turn, within five feet of
the point of the same terminates on each side of the ramp or driveway;
and
(5)
Within five feet of any traffic control signal or
traffic sign; and
(6)
Within five feet of a bicycle rack; and
(7)
Within five feet ahead or 15 feet to the rear of any
designated bus stop, taxi stand, valet parking area, loading zone
or fire lane, unless such newsrack is placed parallel against a wall
that is within four feet of a designated bus stop, taxi stand, valet
parking area, loading zone or fire lane and the newsrack so placed
does not project into or otherwise interfere with the unobstructed
flow of pedestrian and vehicular traffic; and
(8)
Which in any way protrudes onto a street.
A.
Attachment to trees and other objects prohibited.
No operator shall place or cause to be placed and no operator shall
suffer to remain any newsrack chained or otherwise attached to any
tree, street light post, traffic signal or sign, fire hydrant, fire
call box, police call box or other emergency facility, mail box, or
telephone booth or stand.
B.
Attachment to other newsracks. Newsracks, when placed
side by side, may be chained or otherwise attached to one another,
provided that no group of newsracks shall extend for a distance of
more than 10 feet along a curb, and a space of not less than five
feet shall separate each group of newsracks.
It shall be unlawful for any operator to use
a newsrack for advertising or publicity purposes other than that dealing
with the display, sale or purchase of the publications dispensed therein.
Newsracks shall be of a sturdy material and
installed or otherwise placed in accordance with the following provisions:
A.
Each newsrack shall prominently display the newsrack
sticker issued by the Superintendent pursuant to the provisions of
this article.
B.
Each newsrack shall be:
(1)
Installed or placed on the pavement in an upright,
sufficiently weighted and secure position; and
(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; and
(3)
Maintained in a state of good repair and in a neat
and clean condition; and
(4)
Maintained in a condition that is free of accumulations
of outdated printed materials, trash, rubbish, or debris.
C.
Each newsrack shall be regularly serviced so that:
(1)
It is kept reasonably free of graffiti; and
(2)
It is kept reasonably free of chipped, faded, peeling
and cracked paint in the visible painted areas thereof; and
(3)
It is kept reasonably free of rust and corrosion in
the visible unpainted metal areas thereof; and
(4)
The clear glass or plastic parts thereof, if any,
through which the printed material being dispensed are not broken
and are kept reasonably free of tears, peeling or fading; and
(5)
The structural parts of the newsrack are not broken
or unduly misshapen.
A.
Nonconforming newsracks. Any newsrack found not to
be in compliance with this article shall be subject to the enforcement
provisions contained herein.
B.
Abandonment. A newsrack shall otherwise be deemed
abandoned if no printed material is found in the newsrack for a period
of more than 15 consecutive days and the Superintendent shall take
appropriate action under this article. In the event that a certificate
holder voluntarily abandons a newsrack location, the certificate holder
shall so notify the Superintendent, completely remove the newsrack
and restore the public way to a safe condition.
C.
Enforcement.
(1)
Enforcement of the provisions of this article shall
be carried out by the Superintendent. Upon a determination that a
violation of any provision of this article exists the Superintendent
shall notify the certificate holder of the violation in writing by
first-class mail. The notice shall include:
(2)
The notice shall 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 Superintendent, unless the violation
is corrected.
(3)
Upon removal of a newsrack, the Superintendent shall
send, by first-class mail, written notice of such removal to the certificate
holder.
(4)
Notwithstanding the provisions of the foregoing Subsection C(1)(a) through (c) of this subsection, the Superintendent may order the immediate removal of any newsrack(s) that the Superintendent determines presents an imminent threat or peril to public or safety, provided that the certificate holder, shall be notified of such removal as soon as practicable thereafter, and further provided that any newsrack so removed shall be stored a period of 30 days in order to allow the certificate holder to retrieve the newsrack. If the Superintendent removes a newsrack under this Subsection C(4) which does not have a certificate of compliance, the Superintendent shall dispose of the newsrack at the end of the thirty-day period if not retrieved.
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 $50 plus a storage fee
of $5 per day, to a maximum combined removal and storage fee of $100.
B.
After 30 days, any newsracks removed by the Superintendent pursuant to § 222-80C(4) of this article shall be deemed "abandoned property" and become the property of the City of Haverhill.
C.
Failure of a certificate holder to retrieve a newsrack
within the specified thirty-day period shall not operate to dismiss
any fees owed to the City of Haverhill for removal and storage of
such newsrack. Unpaid fees accrued pursuant to this article shall
be considered a debt payable to the City of Haverhill.
The provisions of this article shall be severable
and if any section, part, or portion hereof shall be held invalid
for any purpose by any court of competent jurisdiction, the decision
of such court.[1]
[1]
Editor's Note: So in original.
Article XIII above shall take effect 90 days from the date of approval.
[1]
Editor's Note: Doc. 74, comprising this article,
was passed 6-27-2006 as amended "to delay the implementation for six
months and refer to Administration and Finance Committee for further
review and possible further amendments."
