The Town Council finds that the uncontrolled placement and maintenance
of newsracks in public rights-of-way presents an inconvenience and/or danger
to persons using such rights-of-way; that garish, brightly colored or otherwise
unsightly newsracks located within public rights-of-way constitute distractions
to the driving public; that newsracks are constantly exposed to the elements,
are subject to intensive use and vandalism and to protect against such must
be designed and constructed of durable materials; and that the use of public
rights-of-way has been historically associated with the sale and distribution
of newspapers. The Town Council further finds that in order to accommodate
the governmental and distribution interests it is necessary to implement a
program to regulate the installation, operation and maintenance of newsracks
located in public rights-of-way in the Town of Wallingford.
As used in this chapter, 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 Mayor to hear appeals under this chapter.
NEWSRACK
Any self-service or coin-operated box, container, storage unit or
other dispenser installed, operated or maintained for the display and distribution
or sale of newspapers, periodicals or other printed matter.
PERSON
An individual person, firm, corporation or other entity.
PUBLIC RIGHT-OF-WAY
Any area owned and/or maintained by the Town of Wallingford or any
other governmental entity, open for use of 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, exclusive of the berm or shoulder.
SIDEWALK
Any portion of a street between the curbline and the adjacent property
line intended for the use of pedestrians, excluding parkways.
STREET
The entire area encompassed by a roadway and a sidewalk.
TOWN
Town of Wallingford.
Every person who places or maintains a newsrack on a public right-of-way
within the Town shall have his permit number, name, address and telephone
number affixed to the newsrack in a place where such information may be easily
seen.
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
following:
A. No newsrack shall be chained, bolted or otherwise attached
to any pole or fixture located in the public right-of-way, except to other
newsracks, without the express permission of the Director of Public Works.
B. Newsracks may be placed next to each other, provided
that no group of newsracks shall extend for a distance of more than five feet
along a curb.
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 five feet of any marked crosswalk;
(2) Within 15 feet 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 five feet of any driveway;
(5) Within any single-family residential zone except on a
street designated as a thoroughfare, feeder, industrial or collector street
in the Town's Zoning Regulations;
(6) Within 200 feet of any part of a public or private school
building devoted to instruction.
E. No more than six 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 12 newsracks shall be allowed on any
one block. In determining which newsracks shall be permitted to be located
or to remain if already in place, the Director of Public Works shall be guided
solely by the following criteria:
(1) First priority shall be publications which are published
five or more days per week;
(2) Second priority shall be publications published two to
four days per week;
(3) Third priority shall be publications published one day
per week.
(4) Fourth priority shall be publications published intermittently
or less frequently than once per week.
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 shall exceed four feet, two inches in height,
two feet, two inches in width, and two feet, two inches in thickness.
B. The lettering of the name of the publication being displayed
therein in accord with the following standards:
(1) On the front of the newsrack, the lettering size shall
not exceed 1 3/4 inches in height; and
(2) On the sides and back of the newsrack, the lettering
size shall not exceed 5 1/2 inches in height for the first letter and
shall not exceed 3 1/2 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 news periodical sold therein.
D. Each newsrack shall be made of metal and shall be painted
in a color scheme consisting of a dark background with white lettering or
a white background with black or red lettering. Shades of red, except for
lettering on a white background, yellow, orange or green, similar to those
used in traffic control signs or devices, shall not be used on any newsrack.
E. Each newsrack shall be equipped with a coin-return mechanism
to permit a person using the machine to secure an immediate refund in the
event the person is unable to receive the paid-for publication. The coin-return
mechanism shall be maintained in good working order. This subsection shall
not apply to newsracks for publications offered free of charge.
F. Each newsrack shall be so weighed and 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.
G. Each newsrack shall be maintained in a neat and clean
condition and in good repair at all times.
H. No newsrack shall contain or utilize any electrically
powered illumination or sound.
This chapter shall apply to existing newsracks within the Town, except
that the distributors shall have 60 days within which to comply with its provisions
or such additional time as may be allowed in the discretion of the Director
of Public Works.
In the event that a newsrack remains empty for a period of 30 continuous days, it shall be deemed abandoned and may be treated in the manner as provided in §
142-8 for newsracks in violation of the provisions of this chapter.
This chapter shall be enforced by the Director of Public Works or his
designee and by the Police Department, separately or jointly.