The Common Council finds that the dissemination of newspapers and other
written material is in the public interest, and that governmental action with
respect to such dissemination must be consistent with the protection accorded
a free press by the First Amendment to the Constitution of the United States.
The Common Council further finds that the City of Albany has an important
interest in regulating the use of its streets in such a manner as to ensure
safety of the public, the safe unobstructed flow of pedestrian and vehicular
traffic and the protection of personal property from damage. The purpose of
this chapter is to accommodate these interests in a complementary and mutually
advantageous manner.
As used in this chapter, the following terms shall have the following
meanings, unless the context clearly requires otherwise:
COMMISSIONER
The Commissioner of the Department of General Services, or his or
her designee.
CORNER QUADRANT AREA
That area of a sidewalk bounded by the extension of the lines of
crosswalk onto the sidewalk.
CROSSWALK AREA
That area of the sidewalk bounded by the extension of the lines of
a crosswalk onto the sidewalk.
NEWSRACK
Any self-service or coin-operated box, container or other dispenser
installed, used or maintained for the display, sale or distribution of newspapers
or written matter to the general public.
PERSON
A natural person, partnership, corporation, limited-liability company
or other association.
SIDEWALK
That portion of a street between the curblines or the lateral lines
of a roadway and the adjacent property lines, but not including the curb,
intended for the use of pedestrians.
It shall be unlawful for any person to place, install or maintain a
newsrack in the public right-of-way in the City of Albany unless such newsrack
is in compliance with the provisions of this chapter.
A newsrack placed in accordance with this chapter shall not be installed
or maintained:
A. Within 15 feet of a fire hydrant;
B. In any driveway or within five feet of any driveway;
C. In any curb cut designed to facilitate street access
by disabled persons or within two feet of any such curb cut;
D. Within any bus stop if such placement interferes with
the ingress or egress of any passengers;
E. Within a corner quadrant or crosswalk area;
F. On any surface where such installation or maintenance
will cause damage to or will interfere with the use of any pipes, vault areas
or telephone or electrical cables;
G. In any park or on any sidewalk immediately contiguous
to a park where such sidewalk is an integral part of the park design;
H. On any area of lawn, flowers, shrubs, trees or other
landscaping or in a manner that the use of the newsrack would cause damage
to such landscaping;
I. Where such installation or maintenance endangers the
safety or security of persons or property;
J. Near any bicycle rack if such placement interferes with
the use of such bicycle rack;
K. Where the newsrack will unreasonably interfere with or
obstruct the flow of pedestrian or vehicular traffic on a public right-of-way;
or
L. Where the newsrack causes, creates or constitutes a line-of-sight
problem or traffic hazard.
If any provision, section, subsection, paragraph, subparagraph, sentence
or clause of this chapter is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this chapter.