[Adopted 2-6-1990 by L.L. No. 2-1990 (Ch.
180, Art. V, of the 1976 Code)]
The Board of Trustees of the Village of Great
Neck hereby finds it to be in the public interest to provide for the
regulation of the installation and maintenance of newsracks within
the Village of Great Neck.
[Amended 2-4-2003 by L.L. No. 2-2003]
The unregulated placement of newsracks in public
streets, sidewalks, and other public places presents an inconvenience
and danger to the safety and welfare of persons using such public
streets, sidewalks, and other public places including pedestrians,
persons entering and leaving vehicles and persons performing essential
utility, traffic-control and emergency services. Unregulated newsracks
may cause an inconvenience or danger to persons using public streets,
sidewalks, and other public places, be unsightly and constitute a
public nuisance.
As used in this article, the following terms
shall have the meanings indicated:
The person responsible for placing and maintaining a newsrack
in a public street.
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers or other news periodicals and commonly known
as "honor boxes" or "newspaper vending machines." The use of the singular
herein shall include the plural.
That area of a street between the sidewalks and the curb
and, where there is no sidewalk, that area between the curb and the
adjacent property line.
That area of a street between curbs designated for vehicular
use.
That portion of a street between the curb and the adjacent
property line designated for pedestrian use.[1]
[1]
Editor's Note: The former definition of "street,"
which immediately followed this definition, was repealed 2-4-2003
by L.L. No. 2-2003. See now § 1-11A.
Any newsrack which in whole or in part rests
upon, in or over any street shall conform to the following requirements:
A.
No newsrack shall exceed five feet in height, 30 inches
in width or two feet in depth.
B.
No newsrack shall be used for advertising signs or
publicity purposes other than that dealing with the display, sale
or purchase of the newspaper or news periodicals offered for sale
therein. The sign shall use no more than three colors (with black
and white considered colors), none of which may be fluorescent or
"Day-Glo" colors. The sign area shall be no more than 50% of the total
area of the newsrack. No newsrack shall be illuminated, nor shall
it be connected to a power source.
C.
Each newsrack shall be equipped with a coin-return
mechanism in good working order so as to permit a person inserting
a coin to secure an immediate refund in the event the newspaper or
news periodical offered for sale therein is not received by that person
for any reason.
D.
Each newsrack shall have affixed to it in a permanent
manner a visible, legible notice in substantially the following form:
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IN CASE OF A MALFUNCTION OF THIS NEWSRACK OR
AN ACCIDENT INVOLVING IT OR TO SECURE A REFUND
THE DISTRIBUTOR WHO HAS PLACED AND MAINTAINS
IT IS:
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Name of Distributor
Number, Street and/or P.O. Box
Post Office, Zip Code
Telephone number, including area code
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The name of the distributor and the distributor's
address shall be an actual street number and street address with proper
post office and zip code designation. The distributor's address designated
on the newsrack shall not provide for a post office box number unless
such post office box number is in conjunction with an actual street
address and street name wherein the distributor maintains its offices.
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E.
No newsrack shall be placed or allowed to remain in
any location so that it interferes with the removal of snow or ice
or the removal of leaves or debris, whether the removal is a public
or private duty.
F.
No newsrack shall be placed or maintained projecting
onto, into or over or resting wholly or partly upon any portion of
the roadway of a public street.
[Amended 2-4-2003 by L.L. No. 2-2003]
G.
No newsrack shall be placed or maintained in such
manner as to endanger the safety of persons or property or in a place
used for public utility purposes, public transportation or other public
or governmental purposes or in such a way as to interfere with or
impede the flow of pedestrian or vehicle traffic, the ingress or egress
from any structure or building, whether residential, business or governmental
or the use of public fixtures, including but not limited to utility
poles, mail boxes, fire alarms, traffic signals or control signs,
hydrants or parking meters.
H.
No newsrack shall be affixed or attached to any fixture
or other property owned or maintained by the Village of Great Neck,
which property is not suitable for such attachment, including but
not limited to aluminum streetlighting poles, traffic signal equipment,
poles erected for the placement of traffic regulatory signs and trees.
No newsrack shall be affixed or attached to any other fixture upon,
in or over any public sidewalk or roadway unless that fixture is owned
by the distributor or by a person who has consented to such attachment,
in writing, filed in the office of the Building Inspector of the Village
of Great Neck. Further, no newsrack shall be affixed or attached to
any fixture upon, in or over any public sidewalk or roadway. Any newsrack
installed shall be of rigid and secure construction to prevent the
newsrack from swiveling, turning or otherwise moving from the location
of placement by the distributor.
I.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within 12 feet of the curb return of any unmarked
crosswalk.
(3)
Within 15 feet of any fire hydrant.
(4)
Within five feet of any fire or police call box, fire
alarm or other emergency communication device, including but not limited
to public telephones.
(5)
Within five feet of any driveway, public or private.
(6)
Within 50 feet of any fire or police station.
(7)
Within three feet ahead or 15 feet to the rear of
any designated bus stop, taxi stand or place marked for handicapped
parking.
(8)
Within three feet of any bus bench or shelter.
(9)
At any location in which the clearance space for the
passage of pedestrians is reduced to six feet or less.
(10)
Within 300 feet of any other newsrack which
contains the same issue or edition of the same newspaper or new periodical.
(11)
On a sidewalk or parkway opposite a newsstand
or other newsrack.
(12)
Within three feet of any area improved with
lawn, flowers, shrubs or trees or within three feet of any display
window of any building abutting the sidewalk or parking or in such
manner as to impede or interfere with the reasonable use of such window
for display purposes.
(13)
Immediately adjacent to more than one other
newsrack.
(15)
At any location at which it will obstruct the
parking of a vehicle in an authorized location or the egress of a
person from a vehicle parked in an authorized location.
J.
Twice every year, upon adequate prior written notice
of not less than five business days, the permit holder will arrange
for temporary removal of its newsracks for street-cleaning purposes.
A.
Permit required. No person shall erect, establish,
maintain or otherwise place a newsrack in a public street without
first having obtained a permit therefor. A permit issued hereunder
shall be effective for a period of one year from the date of issuance
and may be renewed from year to year by the filing of a renewal application.
No permit shall be issued unless the applicant shall have paid a permit
fee in such amount as shall be prescribed from time to time by the
Board of Trustees. All fees shall be paid at the time of filing the
application. No permit shall be assignable. No person shall erect,
establish, maintain or otherwise place a newsrack in a public street
which does not have affixed thereto a permit sticker issued by the
Village. The permit sticker shall be affixed to the upper right portion
of that vertical side of the newsrack which contains the customer
access door.
[Amended 2-4-2003 by L.L. No. 2-2003; 12-16-2003 by L.L. No.
17-2003]
B.
Application procedure. Every application for a permit
hereunder shall be in writing on a form provided by the Village and
shall be filed with the Village Clerk, together with the appropriate
permit fee. No application shall be considered until the permit fee
is paid. The application for such permit shall include the following
information:
(1)
The specific location of each proposed newsrack, either
by a metes and bounds description or by exactly marking the location
of each newsrack on a copy of the Village Map.
(2)
The physical dimensions of the newsrack.
(3)
A photograph of the newsrack as it is proposed to be placed in the Village, in sufficient detail so as to demonstrate conformance with the provisions of § 485-37B of this article.
(4)
An agreement to indemnify the Village and hold it
harmless from all claims, expenses, loss, damage, injury and liability
resulting from, arising out of or in any way connected with the operation
or placement of the proposed newsracks within the Village.
(5)
Proof of general liability insurance for bodily injury
(including death) and property damage, naming the Village as an additional
insured, in such form and amount as shall be prescribed from time
to time by the Board of Trustees, for each newsrack.
[Amended 12-16-2003 by L.L. No. 17-2003]
(6)
A description of how each newsrack will be secured.
(7)
The name, address and telephone number of the permit
holder.
(8)
The name, address and telephone number of the person
or company responsible for maintenance of each newsrack on a day-to-day
basis, if other than the permit holder.
C.
No company will be issued a permit for more than five
newsracks containing the same newspaper.
A.
Any person who places in operation a newsrack without
first obtaining a permit or who places in operation or maintains in
place a newsrack which violates any of the provisions of this article
shall be guilty of a violation of this article. Each violation of
this article shall be punishable by a fine not to exceed $250 or imprisonment
for a period not to exceed 15 days, or both.
B.
Any distributor who installs a newsrack in a public
street within the Village without first having obtained a permit for
said newsrack in accordance with the provisions of this article or
who is maintaining a newsrack without having in effect a valid permit
under the provisions of this article shall have five business days
after written notification of said violation to correct it. Failure
to correct a violation in the prescribed time period will authorize
the Village to remove the newsrack. In addition, the Village may remove
a newsrack without notice if the violation of this article creates
an imminent danger of personal injury or property damage. In the event
that a newsrack is impounded by the Village, the permit holder will
be promptly notified and charged an impoundment fee for each newsrack
impounded, in such amount as shall be prescribed from time to time
by the Board of Trustees, which shall be in addition to and not in
lieu of any penalty for any violation of the provisions of this article.
[Amended 2-4-2003 by L.L. No. 2-2003; 12-16-2003 by L.L. No.
17-2003]
It shall be the duty of the Building Inspector
and he is hereby given the power and authority to enforce the provisions
of this article.
