[Added 10-24-2007 by L.L. No. 13-2007]
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
The Commissioner of Public Works and/or his designee.
Any type of unmanned device for the vending or free distribution
of newspapers or news periodicals.
Any public street, highway, sidewalk or alley within the
jurisdiction of the Unincorporated Town of Greenburgh.
The purpose of the following is to promote the
public health, safety and welfare through the regulation of the placement,
type, appearance, servicing, and insuring of newsracks on public rights-of-way
so as to:
A.
Provide for pedestrian and driving safety and convenience.
B.
Restrict unreasonable interference with the flow of
pedestrian or vehicular traffic, including ingress into or egress
from any residence or place of business, or from the street to the
sidewalk by persons exiting or entering parked or standing vehicles.
C.
Provide for public and property safety during inclement
weather.
D.
Provide reasonable access for the use and maintenance
of poles, posts, traffic signs or signals, hydrants, mailboxes and
access to locations used for public transportation purposes.
E.
Relocate and/or replace newsracks which result in
a visual blight and/or excessive space allocation on the public rights-of-way
or which unreasonably detract from the aesthetics of store window
displays, adjacent landscaping and other improvements, as well as
to have abandoned newsracks removed.
F.
Maintain and protect the values of surrounding properties.
G.
Reduce unnecessary exposure of the public to personal
injury or property damage.
H.
Treat all newspapers equally regardless of their size,
content, circulation, or frequency of publication.
I.
Maintain and preserve freedom of the press.
J.
Cooperate to the maximum extent with newspaper distributors.
No person shall place, affix, erect, construct
or maintain a newsrack without first obtaining a one-time-only permit
for each newsrack in accordance with the provisions of this article.
A.
Issuing authority. The issuing authority and coordinator
shall be the Commissioner or his designee. The Commissioner or his
designee is responsible for fairly coordinating and administering
the physical placement of newsracks of the type and location herein
specified and, upon compliance herewith, is responsible for issuing
the permit.
B.
Approving authorities. The approving authority shall
be the Commissioner or his designee.
C.
Applications. The applicant or designee shall file
with the Commissioner a written application for an installation permit
that shall contain the following information:
(1)
The name, address and telephone number of the applicant
who is the owner and/or principal in responsible charge of the newsrack.
(2)
The name, address and telephone number of a responsible
person whom the Town may notify or contact at any time concerning
the applicant's newsracks.
(3)
The number of newsracks and the proposed location
of each shown on a drawing.
(4)
Names of newspapers or periodicals to be contained
in each newsrack.
D.
Procedure. The Department of Public Works shall review
proposed installations for compliance with the criteria specified
in this section.
E.
Issuance of permits. Upon a finding by the Commissioner
that the applicant is in compliance with the provisions of this article
and having received the required approvals, the Commissioner shall
cause to be issued a permit for installation by the newspaper publishing
company. Such issuance shall be made within five working days of the
Town's receipt of the completed application.
F.
Denial of permits. If a permit for some newsrack location
applied for shall be denied, the applicant shall be notified within
five working days of the Town's receipt of the completed application.
The applicant shall be advised of the specific cause of such denial
by the Commissioner, who will suggest alternative locations therefor.
The applicant may apply for substitute alternative location at no
additional permit fee.
G.
Additional permits. If at any time after the initial application for an installation permit a publisher wishes to install additional newsracks, then Subsections C and D of this section are to be repeated in accordance with the provisions of this article. Under § 430-23, any additional returnable bond deposit required will credit any amount still on account. Additional permit fees shall be in accordance with § 430-24.
H.
Revocation of permits not permitted generally. The
authority of the Commissioner to revoke a permit is limited to cases
where the continuing presence of a newsrack is determined to:
A.
Prior to the issuance of a permit by the Commissioner,
the applicant shall: (1) furnish proof of sufficient liability insurance,
and (2) provide a one-time-only returnable bond deposit. Returnable
bonding amounts for newsrack installations shall be:
|
Total Proposed Newsracks
|
Total Returnable Bond
| |
|---|---|---|
|
1 to 4
|
$150
| |
|
5 to 10
|
$300
| |
|
11 to 20
|
$500
| |
|
21 and up
|
$700
|
B.
Reasonable evidence of equivalent self-insurance coverage
may be substituted by the applicant for the above certificate of insurance
liability. Insurance under this section shall run continuously with
the presence of the applicant's newsrack in Town rights-of-way, and
any termination or lapse of such insurance shall be a violation of
this article, subject to appropriate remedy by the Code Enforcement
Division.
There shall be a one-time-only permit fee in the amount of $150 for each newspaper publisher. Additionally, there shall be a yearly inspection fee of $100 to ensure the safety and maintenance of the newsrack. Failed inspections are subject to a reinspection fee of the same amount, and upon noncompliance or failure to remedy a defect, a failed inspection may result in revocation subject to § 430-22H of this article. All of the above fees will be used to defray administrative expenses relating to this article only, and any revenues over expenses remaining after the implementation of this article will be returned to the newspaper publishers in proportion to their respective contributions.
Any applicant who has been denied a permit pursuant
to the provisions of this article may file an appeal with the Greenburgh
Town Board by filing with the Town Clerk within 30 days from receipt
of a permit denial. The appeal shall be heard by the Town Board within
30 days of the filing of the appeal or at the next regularly scheduled
agenda, whichever occurs first. The decision of the Town Board on
appeal is subject to judicial review as provided by Article 78 of
the New York Civil Practice Law and Rules.
Subject to the prohibitions set forth in § 430-29, newsracks shall be placed parallel to and not less than 18 inches nor more than 24 inches from the edge of the curb, unless such placement results in the obstruction of a pedestrian walkway. Newsracks placed near the wall of a building must be placed parallel to and not more than six inches from the wall, unless such placement results in the obstruction of a pedestrian walkway.
Newsracks shall be positioned so as to be stable
and so as to be unlikely to topple into a roadway.
A.
No newsrack shall be placed, installed, used or maintained:
(1)
Within five feet of any marked crosswalk.
(2)
Within 10 feet of any unmarked crosswalk.
(3)
Within 10 feet of any fire hydrant, fire callbox,
police callbox, or other emergency facility.
(4)
Within five feet of any driveway.
(5)
Within five feet ahead of, and 15 feet to the rear
of, any sign marking a designated bus stop, measured along the edge
of pavement.
(6)
Within two feet of any bus bench or plaza bench.
(7)
At any location whereby the clear space for passage
of pedestrians is reduced to less than six feet.
(8)
Where a vertically protruding part of a newsrack is
on or within 12 inches of any area improved with lawn or hedges or
within three feet of flowers or trees.
(9)
Within three feet of any display window of any building
abutting the sidewalk or parkway or in such a manner as to impede
or interfere with the reasonable use of such window display purpose,
or within five feet of a building entrance.
(10)
On or within two feet of signs, parking meters,
street lights or utility poles.
Within 150 days of the effective date of the
ordinance from which this article is derived and at any time thereafter,
any newsrack in violation of any provision of this article shall be
subject to remedy and due process under the Commissioner's code enforcement
authority.
A.
Any newsrack installed pursuant to this article may
be deemed abandoned when no publication is carried by the newsrack
for a period of more than seven consecutive days. Abandoned newsracks
are subject to appropriate code enforcement action. Any such abandoned
newsrack shall be removed, with any and all costs to be borne by the
holder of the permit for that newsrack.
B.
In the event a newspaper publishing company or its
distributor desires to voluntarily abandon a newsrack location, the
distributor shall notify the Commissioner, completely remove the newsrack
and mount, and restore the public right-of-way to a safe condition,
leaving no holes or projections in the mounting surface.
