As used in this chapter, the following terms
shall have the meaning indicated:
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack
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,
sale or distribution of newspapers, advertising materials or other
written materials.
PERSON
Any person or persons or entity, including, but not limited
to, a corporation, limited-liability company, partnership, unincorporated
association or joint venture.
RIGHT-OF-WAY
The area between property lines which may be unimproved or
surfaced and which may include public highways, streets, roadways
and sidewalks.
ROADWAY
That portion of a street improved, designed or ordinarily
used for vehicular travel.
SIDEWALK
Any surface provided for the exclusive use of pedestrians.
STREET
All the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, highways, alleys,
sidewalks and unimproved areas.
VILLAGE ADMINISTRATOR
Refers to the Village Administrator of the Village of Pelham
or his or her designee.
It shall be unlawful for any person, firm or
corporation to install, place, maintain or operate on any public street
or sidewalk, or in any other public way or place in the Village, any
newsrack, without first having obtained a permit from the Building
Inspector specifying the exact location of such newsrack. One permit
may be issued to include any number of newsracks, provided that all
newsrack locations are indicated on the permit.
As a condition of approval of any newsrack permit,
the distributor shall file a written statement with the Building Inspector,
in a form satisfactory to the Village Attorney, by which the newsrack
owner agrees to indemnify, hold harmless and defend the Village, its
officers and employees against any loss, liability or damage, including
expenses and costs, for bodily or personal injury and for property
damage sustained by any person as a result of the installation, use
and/or maintenance of a newsrack within the Village.
As a condition of approval of any newsrack permit,
the distributor shall file with the Building Inspector a certificate
of insurance from an AM Best A-rated insurance company authorized
to conduct business in New York, demonstrating that the distributor
has general liability insurance with limits of at least $1 million
each occurrence and $2 million general aggregate. The insurance policy
must name the Village of Pelham as an additional insured. The insurance
shall be maintained during the permit period of any newsrack and provide
for not less than 30 days' notice of cancellation to the Village Administrator
and the Building Inspector.
Any newsrack that rests, in whole or in part,
on any portion of a public right-of-way or which projects onto, into
or over any part of a public right-of-way shall be located in accordance
with the following provisions:
A. No newsrack shall project onto, into or over any part
of the roadway of any public street, nor shall it rest, wholly or
in part, upon, along or over any portion of the roadway of any public
street.
B. Newsracks may be placed next to each other, provided
that no more than three newsracks may be grouped, which group of newsracks
shall not extend for a distance of more than eight feet. All newsracks
in a group of newsracks shall abut the adjacent newsrack in such group
unless safety considerations require otherwise. There shall be a space
of not less than three feet between each group of newsracks.
C. No newsrack shall be placed, installed or maintained:
(1) Within five feet of a marked crosswalk.
(2) Within 10 feet of a street corner without a marked
crosswalk.
(3) Within 15 feet of a fire hydrant.
(4) Within five feet of a fire call box or police call
box.
(5) Within five feet of a driveway or alley.
(6) In a place that reduces the clear space for the passageway
of pedestrians to less than four feet.
(7) On any access ramp for disabled persons.
(8) Where such newsrack unreasonably interferes with or
impedes the flow of pedestrian or vehicular traffic, including parked
or stopped vehicles, or the ingress to or egress from any residence
or place of business.
(9) Where such installation, use or maintenance endangers
the safety of persons or property.
(10) Within three feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping, or within
three feet of any display window of any building abutting the sidewalk
or parkway or in such a manner as to impede or interfere with the
reasonable use of such window for display purposes.
(11) Within 250 feet of any other newsrack on the same
side of the street in the same block containing the same issue or
edition of the same publication.
D. Except as provided for in §
59-8B of this chapter, no more than one newsrack shall be located on any public right-of-way within a space of 100 feet in any direction within the same block of the same street; provided, however, that no more than eight newsracks shall be allowed on any one block except the area adjacent to the Metro North railroad station. In determining which newsracks shall be permitted to be located or to remain if already in place, the Building Inspector shall be guided by the following criteria:
(1) No more than one newsrack for the same publication may be placed on any one block, unless the length of the sidewalk on a block is greater than 250 feet in length [see §
59-8C (11)].
Any newsrack that, in whole or in part, rests
upon, in or over any public sidewalk or parkway shall comply with
the following standards:
A. No newsrack shall exceed five feet in height, 30 inches
in width, or two feet in thickness.
B. Newsracks must be secured in a safe manner. No newsrack,
however, shall be chained, bolted or otherwise attached to any municipal
fixture, such as a parking meter, stop sign, or other traffic sign
or control device, located in the public right-of-way, or to any tree
or tree support.
C. No newsrack shall be used for advertising signs or
publicity purposes other than those dealing with the display, sale,
purchase or distribution of the newspaper or periodical sold or distributed
in the newsrack.
D. Each coin-operated newsrack shall be equipped with
a coin-return mechanism to permit a person using the machine to secure
an immediate refund in the event that the person is unable to receive
the paid-for publication. The coin-return mechanism shall be maintained
in good working order.
E. Each newsrack shall have affixed to it, in a readily
visible place so as to be seen by anyone using the newsrack, the permit
number, together with a notice setting forth the name and address
of the distributor and the telephone number of a working telephone
service to call to report a malfunction, or to secure a refund in
the event of a malfunction of the coin-return mechanism or to give
any notice provided for in this chapter.
F. Each newsrack shall be maintained in a neat and clean
condition and in good repair at all times. Specifically, but without
limiting the generality of the foregoing, each newsrack shall be serviced
and maintained so that:
(1) It shall not be permitted to remain empty for a period
exceeding 30 consecutive days.
(2) It is reasonably free of dirt and grease.
(3) It is reasonably free of chipped, peeling and cracked
paint in the visible painted areas.
(4) It is reasonably free of rust and corrosion in the
visible unpainted metal areas.
(5) The clear plastic or glass parts, if any, through
which the publications are viewed are unbroken and reasonably free
of cracks and dents.
(6) The paper or cardboard parts or inserts are reasonably
free of tears and are legible.
(7) The structural parts are not dented or broken.
Upon determination by the Building Inspector that a newsrack has been installed, used or maintained in violation of this chapter, the Building Inspector shall issue an order to the distributor of the newsrack to correct the violation. Such order shall be telephoned or sent by facsimile to the distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested, or by registered mail or delivery service, signature required. The order shall specifically describe the violation, suggest actions necessary to correct the condition, and inform the distributor of the right to appeal. Failure to properly correct the offending condition within 10 days (excluding Saturday, Sunday and legal holidays) after the mailing date of the order or to appeal the order as provided in §
59-11 within five days after its receipt shall result in the offending newsrack being summarily removed and possessed as unclaimed property. If the offending newsrack is not properly identified as to owner under the provisions of this chapter, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the Village's cost and expense of impounding, shall be assessed against each newsrack summarily removed. The Building Inspector shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of said newsrack shall be charged an inspection fee for each newsrack so inspected in an amount established by resolution of the Board of Trustees. This fee shall be in addition to all other fees and charges required under this chapter.
Any person aggrieved by a finding, determination,
notice, order or action taken under this chapter may appeal to the
Village Administrator or the Village Administrator's designee. An
appeal must be perfected within 10 days after receipt of notice of
any protested decision or action, by filing with the Village Administrator
a letter of appeal briefly stating the basis for the appeal. A hearing
shall be held on a date not more than 15 days after receipt by the
Village Administrator of the letter of appeal. The appellant shall
be given at least five days' notice of the time and place of the hearing.
The Village Administrator or the Village Administrator's designee
shall give the appellant, and any other interested party, a reasonable
opportunity to be heard in order to show cause why the determination
of the Building Inspector should not be upheld. At the conclusion
of the hearing, the Village Administrator shall make a final decision.
The decision shall be immediately subject to appeal through a court
of competent jurisdiction.
Any newsrack in existence prior to the effective date of this chapter and which does not have a newsrack permit shall be removed or brought into conformance with the provisions of this chapter, including the issuance of a permit for such newsrack, within 45 days after the effective date of this chapter. If the distributor fails to comply with this provision, the Building Inspector shall issue an order to the distributor of the newsrack to correct such violation in accordance with §
59-10 of this chapter, and shall enforce such order in accordance with those provisions.
Nothing contained in this chapter shall be interpreted
to limit or impair the exercise by the Village of its police power,
in the event of an emergency, as determined by the Building Inspector,
to remove any newsrack that presents a danger of imminent personal
injury or property damage to users of the Village rights-of-way or
would otherwise hamper or impair the fulfillment by the Village of
its governmental obligations, including, but not limited to, snow
removal and street cleaning.