As used in this chapter, unless the context otherwise clearly indicates:
BLOCK
One side of a street between two consecutive intersecting streets.
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack on
private property or in a public right-of-way.
NEWSRACK
Any self-service or coin-operated box, container, storage unit or
other dispenser installed, used or maintained for the display and sale of
newspapers, other news periodicals, or other printed matter.
PARKING LOT
Any public or private area, paved or unpaved, designated for the
purpose of providing parking to the public.
PARKWAY
The area between the sidewalk and the curb of any street, and where
there is no sidewalk, the area between the edge of the roadway and the property
line adjacent thereto. Parkway shall also include any area within a roadway
that is not open to vehicular travel.
PERSON
Any person or persons or entity, including, but not limited to, a
corporation, partnership, unincorporated association or joint venture.
ROADWAY
That portion of a street improved, designed or ordinarily used for
vehicular travel, including the shoulders thereto.
SIDEWALK
Any surface provided for the exclusive use of pedestrians, whether
public or private.
STREET
All the area dedicated to public use for public street purposes and
shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
Any newsrack which rests in whole or in part upon or on any portion
of private property or a public right-of-way, including on the parking lots,
parkways, sidewalks, streets or roadways, or which projects onto, into or
over any part of a public right-of-way, shall be located in accordance with
the following provisions of this section:
A. No newsrack shall be used or maintained which projects
onto, into or over any part of the roadway of any public street or which rests
wholly or in part upon, along or over any portion of the roadway of any public
street.
B. No newsrack shall be chained, bolted or otherwise attached
to any fixture located in the public right-of-way, except to other newsracks.
C. No more than three newsracks may be placed next to each
other, provided that no group of newsracks shall extend for a distance of
more than nine feet along a curb, sidewalk, parking lot, street, roadway or
otherwise, whether on public or private property, and a space of not less
than 18 inches shall separate each group of newsracks.
D. No newsrack shall be placed, installed, used or maintained:
(1) Within three feet of any marked crosswalk.
(2) Within the curbed portion of the curb return of any unmarked
crosswalk.
(3) Within five feet of any fire hydrant, fire call box,
police call box or other emergency facility.
(4) Within three feet of any driveway, whether public or
private.
(5) Within 10 feet to the rear of any sign or other demarcation
marking the beginning of a designated bus stop.
(6) Within three feet of any bus bench, except where the
bench is within a bus shelter, in which event this restriction shall not apply,
provided that the news dispenser is not placed within such bus shelter.
(7) Within the public sidewalk curb ramp designed to accommodate
persons with disabilities or along the curbline within five feet of any parking
spot for disabled persons.
(8) Where the placement of the newspaper box would reduce
the width of the sidewalk to less than three feet.
Violators are subject to a penalty of imprisonment for not more than
90 days, by a fine not exceeding $2,000, or by a period of community service
for not more than 90 days, or any combination thereof.