As used in this article, the following terms
shall have the meanings indicated:
NEWSRACK
Any self-service or coin-operated box, container storage
unit or other dispenser installed, used, or maintained for the display
and sale or distribution of newspapers, new periodicals, or advertising
materials.
PARKWAY
That area between the sidewalks and the curb of any street,
and where there is no sidewalk, that area between the edge of the
roadway and the property line adjacent thereto. "Parkway" shall also
include any area within a roadway which is not open to vehicular travel.
ROADWAY
That portion of a street improved, designed, or ordinarily
used for vehicular travel.
SIDEWALK
Any surface provided for the primary use of pedestrians.
STREET
All that area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks.
TOWN CENTER OVERLAY DISTRICT
The area generally bounded by Baltimore Pike, Hickory Avenue,
Broadway and Hays Street, as shown more specifically on the Official
Town Zoning Map.
No person or entity shall install, use or maintain
any unregistered newsracks on any parkway, roadway, sidewalk or street
in the Town Center Overlay District. No newsracks shall be located
in any parkway, roadway, sidewalk or street in the Town Center Overlay
District without a Town permit. All registered/permitted newsracks
in the Town Center Overlay District shall be attached as provided
herein to the Town's newsrack support bar. Unattached newsracks are
prohibited.
All newspapers and advertisers selling or distributing
via vending machines or via newsracks on any parkway, roadway, sidewalk
or street in the Town Center Overlay District must register with the
Town Clerk on prescribed forms containing the name, address, and telephone
number of those responsible for installation, use and maintenance
of the newsrack(s).
A. Upon the filing of any application by a newspaper
or advertiser with the Town Clerk and upon payment of an annual administration
fee as set by resolution of the Board of Town Commissioners, payable
September 1 of each year, the Town shall issue a permit for attachment
of the proposed vending machine to one of the Town's newsrack support
bars, depending on space availability. Vending machines provided by
the registrant shall conform to the following specifications:
(1) The dimensions shall not exceed:
(b)
Twenty-four inches in width.
(c)
Eighteen inches in depth.
(2) The base shall be enclosed and shall not be a wire-type
design.
(3) The lettering on the unit shall not exceed 144 square
inches in area.
(4) Except for lettering, the color of the unit shall
be dark green.
B. The newsrack owner shall attach to the Town's registration
form a certificate of insurance showing that such person/entity has
then in force public liability and property damage insurance, endorsing
the Town as an additional insured, in an amount not less than $1,000,000.
The newsrack owner shall provide and keep in force that policy of
public liability insurance during such time as it continues to locate
any newsrack under the terms of this article. The evidence of insurance
filed with the Town Clerk shall include a statement by the insurance
carrier that 30 days' unconditional notice will be given to the Town
before any cancellation.
C. If the number of applications exceeds the available
space permitted by the Town, applications will be accepted and placed
on a waiting list for the next available space.
D. Each newsrack shall be maintained in good repair at
all times. Each newsrack shall be serviced regularly so that it is
reasonably free of:
(2) Chipped, faded, peeling and cracked paint or graffiti
on all visible permitted areas;
(3) Rust and corrosion on all visible unpainted metal
areas;
(4) Cracks, dents, blemishes and discoloration in the
clear plastic and glass parts, if any, through which publications
are viewed;
(5) Tears, peeling or fading in the paper or cardboard
parts and inserts; and
(6) Broken or misshapen structural parts.
E. Damaged or defective newsracks shall be replaced or
repaired as soon as practical.
F. When use of a newsrack is permanently discontinued,
it shall be removed within 45 days. A newsrack which is unused for
one month shall be presumed permanently discontinued.
G. Nothing in this section shall be construed to limit
or interfere with alternative methods of distribution available to
newspapers and advertisers throughout the Town.
Within 30 days after this article becomes effective, every person or other entity who or which places or maintains a newsrack in the Town Center Overlay District of the Town of Bel Air shall submit an application as required in §
410-22 of this article. Current newsrack owners shall be given priority for space allocation at designated Town newsrack locations. Prior to the allocation of a location, the applicant shall present evidence of compliance with this article.
[Amended 11-17-2008 by Ord. No. 715-08]
A violation of any of the provisions of this article shall be a municipal infraction and a violator shall be fined as provided in Chapter
1, Article
II of this Code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.