[HISTORY: Adopted by the Common Council of the City of Ithaca 3-15-1984
by Ord. No. 84-4 (Ch. 65, Art. VIII, of the 1975 Municipal
Code). Amendments noted where applicable.]
The intent of this chapter is to protect the public health, welfare
and safety by regulating the size, weight, appearance and placement of newsracks
on public property in the City of Ithaca so as to promote compatible uses
and safety in the least intrusive manner so as to avoid arbitrary and unnecessary
curtailment of freedom of speech and freedom of the press by such regulation.
As used in this chapter, the following terms shall have the meanings
indicated:
Any self-service or coin-operated box, container, storage unit or
other dispenser installed, used or maintained for the display, distribution
or sale of newspapers, magazines, news periodicals or other news publications.
That area between the edge of the roadway and the adjacent property
line, excluding that area occupied by the sidewalks. "Parkway" shall also
include any area within a roadway which is not open to vehicular travel.
A public thoroughfare designed as a promenade for pedestrians from
which vehicles are to be restricted or prohibited.
That portion of a street improved, designed or ordinarily used for
vehicular travel.
Any paved surface provided for the exclusive use of pedestrians.
All that area dedicated to public use for public street purposes,
and shall include but not be limited to roadways, parkways, alleys, sidewalks
and pedestrian malls.
No person shall install or maintain any newsrack which projects onto,
into or over any part of the roadway of any public street or which rests,
wholly or in part, upon or over any portion of a roadway.
No person shall install or maintain any newsrack which, in whole or
in part, rests upon, in or over any sidewalk or parkway when such installation
endangers the safety of persons or property or when such site or location
is used for public utility purposes, public transportation purposes or other
government use or when such newsrack unreasonably interferes with or impedes
the flow of pedestrian or vehicular traffic, the ingress into or egress from
any residence, place of business or any legally parked or stopped vehicle
or the use of poles, posts, traffic signs or signals, hydrants, mailboxes
or other objects permitted at or near said location or when such newsrack
interferes with the cleaning of any sidewalk by the use of mechanical sidewalk-cleaning
machinery.
Any newsrack which, in whole or in part, rests upon, in or over any
sidewalk or parkway shall comply with the following standards:
A.
No newsrack shall exceed four feet in height, 30 inches
in width or two feet in depth.
B.
Newsracks shall only be placed near a curb or adjacent
to the wall of a building. Newsracks placed near the curb shall be placed
a distance of 18 inches from the face of the curb to the nearest edge of the
newsrack. Newsracks placed adjacent to the wall of a building shall be placed
parallel to such wall and not more than six inches from the wall.
C.
Newsracks may be chained or otherwise attached to one
another; however, no more than three newsracks may be joined together in this
manner, and a space of no less than 44 inches shall separate each group of
three newsracks so attached.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)  Illustration I.tif.SM.png)
At any intersection within the triangular area formed
by the intersection of the curblines as extended to a point, thence 30 feet
from said point along each curbline to respective points on each curbline,
thence on a line connecting said respective curbline points, all as is more
fully illustrated in Illustration I below.
 Illustration I.tif.png)
(3)
Within 15 feet of any fire hydrant or other fire-related
sprinkler or standpipe water connection, fire call box, police call box or
other emergency facility.
(4)
Within five feet of any driveway.
(5)
Within five feet of any public telephone.
(6)
Within three feet ahead of and 35 feet to the rear of
any sign marking the front end of a designated bus stop.
(7)
Within three feet of any bus stop bench.
(8)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than four feet.
(9)
On any area improved with lawn, flowers, shrubs or trees
or attached to any flowers, shrubs or trees or within three feet of any display
window of any building abutting the sidewalk or parkway or in such manner
as to impede or interfere with the reasonable use of such window for display
purposes.
(10)
Within any city park.
(11)
Within 100 feet of any other newsrack on the same side
of the street in the same block which contains the same issue or edition of
the same newspaper or news periodical.
F.
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 periodical sold therein.
G.
No pad, pole or other permanent fixture used for securing
a newsrack at any particular site shall be installed except in compliance
with the rules and regulations of the Department of Public Works.
H.
Each newsrack shall be maintained in a clean, neat and
attractive condition and in good repair at all times.
Every person who or entity which places or maintains a newsrack on the
streets in the City of Ithaca shall have his/her/its name, address and telephone
number affixed thereto in a place where such information may be easily seen.
For purposes of this chapter, such person or entity shall be deemed to be
the owner of the newsrack.
A.
Emergency removal. When any newsrack is in violation
of the provisions of this chapter and constitutes an actual and imminent obstruction
to traffic, either vehicular or pedestrian, or other safety hazard which cannot
be cured by relocation of the newsrack to a nearby site, the newsrack may
be removed by the Superintendent of Public Works or by order of the Ithaca
Police Department or Fire Department to a secure location under the care and
control of the City of Ithaca. Upon such removal, the removing agent must
immediately give notice of such removal and an opportunity to be heard to
the owner of the newsrack in the manner set forth below. The city shall not
be liable for any reasonably unavoidable damage sustained to the newsrack
in connection with such emergency removal.
B.
Nonemergency removal. When any newsrack is found in violation
of this order but does not constitute an actual and imminent obstruction to
traffic, either vehicular or pedestrian, or other safety hazard which cannot
be cured by relocation of the newsrack to a nearby site, the newsrack may
only be removed after notice of the proposed removal and an opportunity to
be heard has been given to the owner of the newsrack in the manner set forth
below.
C.
Notice.
(1)
If a newsrack is removed under the emergency removal
provisions set forth herein, notice of such removal shall be given to the
owner of the newsrack by, within 24 hours after said removal, telephoning
the owner of the newsrack at the telephone number listed on the newsrack and
mailing a written notice of the same to the owner at the address specified
on the newsrack. If there is no telephone number or address specified on the
newsrack, the removing agent shall take all reasonable steps necessary to
discover the identity of the owner of the newsrack and, within 24 hours of
such discovery, give notice as provided herein. If, after taking such reasonable
steps, the identity of the owner remains unknown, the newsrack may be removed
under the emergency removal provision herein.
(2)
In all other cases, notice of a proposed removal shall
be in writing and shall be mailed to the owner of the newsrack at least 10
days before the proposed removal is scheduled to occur.
(3)
All notices required herein shall be in writing and shall
contain the following information:
(a)
The location of the newsrack which is in violation.
(b)
The nature of the violation claimed.
(c)
The site to which the newsrack will be or, in the case
of an emergency removal, has been removed.
(d)
The name, address and telephone number of the city official
to be contacted for recovery of the newsrack by the owner.
(e)
A statement setting forth the owner's right to a
hearing prior to any nonemergency removal or promptly after any emergency
removal, together with an automatic stay of all removal proceedings pending
completion of such hearing.
(f)
A statement setting forth the hearing procedure, indicating
how such hearing is to be requested, before what body it is to be held and
the time when it is to be held.
D.
Hearings. Any hearings held herein shall be conducted
by the Board of Public Works at its regularly scheduled meetings upon demand
therefor in writing by the owner of the newsrack or his/her agent. Such hearings
shall be held no less than 10 days after demand therefor. The owner of the
newsrack shall be entitled to be represented by an attorney and present witnesses
and evidence as is deemed appropriate by said owner. Formal rules of evidence
shall not be required; however, the owner of the newsrack shall be accorded
due process of law in all respects. The decision of a majority of the full
Board of Public Works shall be the final decision for purposes of administrative
proceedings.
E.
Temporary removal. Any newsrack which is otherwise in
conformity with provisions of this chapter but which is attached to city property
which must be repaired, replaced or removed may be temporarily removed in
the same manner as provided for the emergency removal of newsracks, provided
that said newsrack is restored to the same location as soon as the repair,
replacement or removal of city property is complete. Notice of such temporary
removal and the opportunity for a hearing must be given to the owner of the
box as provided above.
The violation of any of the provisions of the chapter shall be punishable as prescribed in Chapter 1, General Provisions, Article I, Penalties, of this Code. The imposition of one penalty for any single violation shall not excuse that violation or permit it to continue; and all persons cited for violation(s) shall be required to remedy such violation(s) within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. In addition to other remedies, the Superintendent of the Department of Public Works or his/her designee may institute any appropriate action or proceedings to prevent or remedy a violation of any of the provisions of this chapter.
