As used in this article, the following terms shall have the
meanings indicated:
BLOCK
One side of a street between two consecutive intersecting
streets.
DISTRIBUTOR
Any person responsible for the installation, operation or
maintenance of a newsrack in a public right-of-way.
HEARING OFFICER
The person appointed by the Town Manager pursuant to Chapter
13, §
13-1 et seq., to hear appeals under this article.
NEWSRACK
Any self-service, free or coin-operated box, container, storage
unit or other dispenser installed, operated or maintained for the
display and distribution or sale of newspapers or other written materials
for dissemination.
PERSON
An individual person, firm, corporation or other entity.
PUBLIC RIGHT-OF-WAY
Any area owned, leased or in which the Town of Newington
has a property interest, such as an easement, and/or any area maintained
by the Town of Newington or Newington Board of Education or other
local governmental entity, open for use by the public for vehicular
or pedestrian travel, including, but not limited to, roadways, sidewalks,
streets, alleys and public grounds.
ROADWAY
That portion of any street improved, designed or ordinarily
used for vehicular travel.
SIDEWALK
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians.
STREET
The entire area encompassed by a roadway and/or a sidewalk.
The word "street" shall also be construed to embrace avenues, boulevards,
roads, lanes and drives.
TOWN
The Town of Newington.
Any newsrack which rests or projects, in whole or in part, upon
or over any public right-of-way shall be located or installed in accordance
with the provisions of this section:
A. No newsrack shall be chained, bolted or otherwise attached to any
tree, utility pole or box or any other fixture located in the public
right-of-way, except to other newsracks, without the express written
permission of the Zoning Enforcement Officer. Newsracks shall not
be physically attached, chained or bolted to any drainage structure,
inlet pipe or other physical object meant to carry water, to a utility
pole or box, to or placed upon any manhole cover, to or placed upon
any water meter and/or water meter box, to any part of a traffic signal
system or traffic signs, to a bench, or to any other Town-owned fixture
or property without the written permission of the Zoning Enforcement
Officer.
B. Newsracks may be placed next to each other, provided that no group
of newsracks shall extend for a distance of more than 10 feet.
C. No newsrack shall be located so as to unreasonably interfere with
or impede the flow of pedestrian or vehicular traffic, including motorized
or manual wheelchairs.
D. No newsrack shall be placed, installed, used or maintained:
(1) Within 25 feet of any marked crosswalk.
(2) Within 15 feet of the curb return of any unmarked crosswalk.
(3) Within 25 feet of any fire hydrant, fire call box, police call box
or other emergency facility.
(4) Within 25 feet of any driveway.
(5) Within any single-family residential zone. In no case will newsracks
already located within single-family residential zones be permitted
to remain.
(6) Within 200 feet of any part of a public or private school building.
E. No more than four newsracks shall be located on any public right-of-way
within a space of 250 feet in any direction within the same block;
provided, however, that no more than eight newsracks shall be allowed
on any one block.
Any newsrack which rests or projects, in whole or in part, upon
or over any public right-of-way shall comply with the following standards:
A. No newsrack, including the materials used to secure it, shall exceed
four feet two inches in height, two feet two inches in width, and
two feet two inches in depth.
B. The lettering of the name of the publication being displayed therein
shall be in accord with the following standards:
(1) On the front of the newsrack, the lettering size shall not exceed
1.75 inches in height; and
(2) On the sides and back of the newsrack, the lettering size shall not
exceed 5.5 inches in height for the first letter and shall not exceed
3.5 inches in height for the remaining letters in the name of the
publication.
C. 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 other written materials contained therein.
D. Each newsrack shall be constructed of suitable, durable materials
and shall be painted in a color scheme consisting of a dark background
with light lettering or a light background with dark lettering. Shades
of red, yellow, orange or green, similar to those used in traffic
control signs or devices, shall not be used on any newsrack, as it
is determined that such use of those colors causes a danger to the
safety and welfare of the public.
E. Each newsrack shall be so secured, weighted and/or balanced as to
prevent it from being tipped by the opening of its door or by the
impact of snow cast by a passing snowplow.
F. Each newsrack, whether modular or not, shall be maintained in a neat,
clean condition and in good repair at all times.
(1) Specifically, but without limiting the generality of the foregoing,
each newsrack shall be serviced and maintained so that:
(b)
It is reasonably free of dirt and grease.
(c)
It is reasonably free of chipped, faded, peeling and/or cracked
paint.
(d)
It is reasonably free of rust and/or corrosion.
(e)
The clear plastic or glass parts thereof, if any, through which
the publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discoloration.
(2) All such conditions shall be remedied within 15 working days' notice by the Town, or the newsrack shall be deemed in violation of this article and shall be removed and disposed of in the manner provided in §
367-31 of this article.
G. No newsrack shall contain or utilize any electrically powered illumination
or sound.
H. Coin-operated newsracks shall be equipped with a coin-return mechanism, maintained in good working order at all times, to permit customers to secure an immediate refund if a newsrack is inoperable. Failure to meet the requirements of this provision shall be deemed a violation of this article, and the newsrack shall be removed and disposed of in the manner provided in §
367-31 of this article.
I. In the event that a newsrack remains empty for a period of 30 continuous days, it shall be deemed abandoned and shall be a violation of this article, and the newsrack shall be removed and disposed of in the manner provided in §
367-31 of this article.
This article shall apply to existing newsracks within the Town,
except that the person responsible for an existing newsrack shall
have 60 days from the date of enactment of this article to comply
with the provisions of this article.
This article shall be enforced by the Zoning Enforcement Officer
or his designee.