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HomeMy WebLinkAboutNewspaper Rack Bylaw-revisedfinal-carol mcgravey 2-24-05 TOWN OF NORTH ANDOVER Chapter 131 STANDARDIZING THE PLACEMENT AND MAINTENANCE OF NEWSRACKS § 131.1 Definitions. § 131.2 Certificate of Compliance § 131.3 Fees. § 131.4 Standards § 131.5 Attachment to Property. § 131.6 Advertising Prohibited. § 131.7 Installation, Maintenance, and Delivery Time. § 131.8 Enforcement Procedures. § 131.9 Fees For Removal and Storage. § 13 1.10 Regulations. § 13 1.11 Effect on Other Laws. § 131.12 Severability § 131.13 Effective Date. § 131.1 Definitions. When used in this Bylaw, unless the context otherwise requires, the following terms shall have the following meanings: a. 'Director" shall mean the Director of the Public Works Department of the Town of North Andover or such person as said Director may from time to time designate. b. "Newsrack" shall mean any type of self-service device for the vending or free distribution of newspapers, periodicals or printed material of whatever nature.. c. "Certificate of Compliance" shall mean the Certificate of Compliance issued by the Director to the Certificate Holder in accordance with the provisions of this Bylaw. d. "Certificate Holder" shall mean the holder of a Certificate of Compliance issued by the Director in accordance with the provisions of this Bylaw. A Certificate Holder is responsible for the installation and maintenance of newsracks encompassed by any Certificate of Compliance issued pursuant to the provisions of this Ordinance and for compliance with all provisions contained herein. e. "Operator" shall mean any natural person or other legal entity including, but not limited to, corporations, partnerships, joint ventures and the like who either own, operate or are otherwise in control of a newsrack. f. "Public way" shall mean any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of the Town Department of Public Works, School Department, or other body having like power. § 131.2 Certificate of Compliance. a. Requirement. No person shall place, affix, erect, maintain or continue to maintain a newsrack in or on any part of a public way without first obtaining a Certificate of Compliance from the Director in accordance with the provisions of this Bylaw. b. The Certificate of Compliance must be renewed annually by application to the Director. c. Issuing Authority. The Director shall be the issuing authority and coordinator of the application process and administration of this Bylaw. d. Approving Authority. The approving authority shall be the Director. The Director or his/her designee shall review and approve for compliance with Section 131.070, entitled Certificate of Compliance, Section 131.040, entitled Standards, and Section 12.18.070, entitled Installation, Maintenance and Delivery Time. e. Application Process. Applicants must complete a written application on a form provided by the Director. f. Application. The application shall describe in sufficient detail, the number, location and type of newsracks for which the Certificate of Compliance is sought and shall contain the following information: 1. the name, address and telephone number of the applicant who is the owner/operator or other person who is the principal responsible person in charge of the newsrack(s); and 2. the name, address and telephone number of a natural person (if different from the applicant) whom the Town may notify and/or contact at any time concerning the applicant's newsracks. This person would be responsible for receiving complaints and notices of violations when a Certificate of Compliance is issued and for providing information relating to the application during the application process; and 3. the number of newsracks and a written description specifying the proposed approximate location of each; and 4. a certificate of insurance naming the Town of North Andover as an additional insured in an amount sufficient to indemnify the Town and hold it harmless from any and all claims or judgements for personal and bodily injury, including death, or property damage and from costs and expenses to which the Town may be subjected or which it may suffer or incur by reason of the design, placement, installation, operation or maintenance of any of the applicant's newsracks. Reasonable evidence of self-insurance coverage may be substituted by the applicant for the certificate of insurance. The amount of insurance coverage required shall be determined by the Town. Insurance under this section shall run continuously with the presence of the applicant's newsrack in Town of North Andover public ways and any termination or lapse of such insurance shall be a violation of this Bylaw, subject to appropriate remedy under Section 131.080 of thisBylaw; and 5. a certification from the applicant stating that the proposed location for all of the newsracks listed in the application are in compliance with the provisions of this Bylaw. g. Issuance of a Certificate of Compliance. Upon a finding by the Director that the applicant is in compliance with the provisions of this Bylaw, the Director shall issue a Certificate of Compliance for installation by the applicant. The Director shall issue a partial Certificate of Compliance upon a finding that some of the proposed newsrack locations are in compliance with the provisions of this Bylaw. Issuance of a Certificate of Compliance or a partial certificate of compliance shall designate the applicant to be the Certificate Holder. The Director shall issue a Certificate of Compliance within ten days of the Director's receipt of the completed application. Proposed locations shall be approved on a first come, first serve basis by the Director. No preference shall be given to applicants who might have had newsracks in a particular location prior to the effective date of this Bylaw. h. Denial of Certificate of Compliance. If an application for a newsrack location is denied, the Director shall notify the applicant within ten days of the Director's receipt of the completed application. The Director shall state the specific reasons for denial. The applicant may reapply for a substitute alternative location without having to pay an additional application fee. An applicant who has been denied a Certificate of Compliance pursuant to this Bylaw may appeal within thirty (30) days of such denial by requesting in writing to the Director an appearance before the Director to review said denial. The appeal shall be heard by the Director within twenty (20) days of receipt of the appeal. The decision on the appeal shall be sent to the applicant within five (5) days after the hearing. i. The Director reserves the right to order by written notice to the Certificate Holder that newsracks be removed from an approved location, either temporarily or permanently, in the interests of public safety. § 131.30 Fees. a. There shall be a Certificate of Compliance fee in the amount of two hundred ($200.00) dollars paid to the Town. This fee shall be due upon initial application and upon each annual renewal. b. Additional Certificate of Compliance. If at any time after the Director has issued a Certificate of Compliance a Certificate Holder proposes to install additional newsracks, then the provisions of Section 13.020 are to be repeated. Additional Certificate of Compliance fees shall be in accordance with Section (a), except that the Certificate of Compliance fee is waived if previously paid. c. In addition to the Certificate of Compliance fee, an annual fee of ten ($10.00) dollars per newsrack authorized shall be paid to the Town to offset the Town's cost of monitoring compliance with this Bylaw. d. Where the Director has required newsracks to be set in corrals, or at hitching posts pursuant to Section 12.18.040 (b) below, additional fees shall be imposed by the Director on Certificate Holders to offset the Town's costs for each such corral or hitching post used by such Certificate Holder. e. Upon a showing of significant financial hardship, whereby the payment of the full Certificate of Compliance fee will impair the ability of the publisher to distribute a publication through newsracks to members of the public, the Director may reduce the fee due upon initial application or upon an annual renewal by an amount s/he determines, in her or his sole discretion, as appropriate. § 131.040 Standards. a. Placement. Subject to the prohibitions contained in this section newsracks shall be placed parallel to and not less than eighteen (18") inches nor more than twenty-four (24") inches from the edge of the curb. Newsracks so placed shall face the sidewalk, not the street. Newsracks placed near the wall of a building or other structure must be placed parallel to and not more than six (6") inches away from the wall. No newsrack(s) shall be affixed, erected, installed, placed, used or maintained: 1. at any location in excess of eight (8) feet in width (plus the width of a newsrack) whereby the clear space for the passage of pedestrians is reduced to less than eight (8) feet in width; or, if the sidewalk location is less than eight (8) feet in width (plus the width of a newsrack), then the clear space for the passage of pedestrians shall not be reduced to less than five (5) feet in width; however, a width of four (4) to five (5) feet may be approved by the Director if requested, only after the Director consults with the Pedestrian Committee and the Disabilities Commission as to whether the particular location at issue necessitates the 4 to5 foot width, and whether the pedestrian passage there could safely and reasonably be reduced to a width of 4 to5 feet; and 2. within five (5) feet of any marked, or unmarked crosswalk or handicapped ramp; and 3. within five (5) feet of any fire hydrant, fire lane, fire call box, police call box or other emergency facility, mail box, telephone booth or stand; and 4. within five (5) feet of any part of a curb return of a curb ramp or driveway, or in the case of a curb ramp or driveway without a curb return, within five (5) feet of the point where the curb edgestone or edging begins a change in grade toward the driveway or ramp on each side thereof, or in the case of a termination of the curb, edgestone or edging without a change in grade or a turn, within five (5) feet of the point of the same terminates on each side of the ramp or driveway; and 5. within five (5) feet of any traffic control signal or traffic sign; and 6. within five (5) feet of a bicycle rack; and 7. within five (5) feet ahead or fifteen (15) feet to the rear of any designated bus stop, taxi stand, valet parking area, loading zone or fire lane, or any disabled parking space, unless such newsrack is placed parallel against a wall that is within four feet (4) of a designated bus stop, taxi stand, valet parking area, loading zone or fire lane and the newsrack so placed does not project into or otherwise interfere with the unobstructed flow of pedestrian and vehicular traffic; 8. which in any way protrudes onto a street; or 9. on any sidewalk immediately abutting a public school. The Director may require that newsracks at locations in which more than three (3) are adjacent shall be set within an open-ended corral installed by the Town; and the Director may require that newsracks at a particular location be chained to each other and/or to a permanent hitching post installed by the Town. The Director may choose the locations for corrals and hitching posts based on the history of misaligned or knocked over newsracks at the location, the high volume of pedestrian traffic at the location, or the relatively high concentration of newsracks at the location. However, nothing in this paragraph shall be construed to limit the locations at which corrals and hitching posts may be required. § 131.5 Attachment to Property. a. Attachment to Trees and Other Objects Prohibited. Except to the extent permitted by regulations promulgated by the Director, no operator shall place or cause to be placed and no operator shall suffer to remain any newsrack chained or otherwise attached to any tree, street light post, traffic signal or sign. b. Attachment to Other Newsracks. Newsracks, when placed side by side, may be chained or otherwise attached to one another, provided that no group of newsracks shall extend for a distance of more than eight (8) feet along a curb, and a space of not less than five (5) feet shall separate each group of newsracks. § 131.6 Advertising Prohibited. It shall be unlawful for any operator to use a Newsrack for advertising other than that dealing with the display, sale or purchase of the publications dispensed therein. § 131.7 Installation, Maintenance, and Delivery Time. Newsracks shall be of a sturdy material and installed or otherwise placed and maintained by the Certificate Holder in accordance with the following provisions: a. Each newsrack shall prominently display the name, address and phone number of a person or entity responsible for that newsrack. b. Each newsrack shall be: 1. installed or placed on the pavement in an upright, sufficiently weighted and secure position; 2. of a type that is completely enclosed, with a self-closing door that is either self- latching or otherwise requires manual or mechanical release at each use; and 3. maintained in a state of good repair and in a neat and clean condition; and 4. maintained in a condition that is free of accumulations of outdated printed materials, trash, rubbish, or debris; and 5. handicapped accessible, as defined by the state Architectural Access Board .c. Each newsrack shall be regularly serviced so that: 1. it is kept reasonably free of graffiti; and 2. it is kept reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof, and 3. it is kept reasonably free of rust and corrosion in the visible unpainted metal areas thereof, and 4. the clear glass or plastic parts thereof, if any, through which the printed material is being dispensed are not broken and are kept reasonably free of tears, peeling or fading; and 5. the structural parts of the newsrack are not broken or unduly misshapen. d. Anyone disturbed by noise from the delivery of papers to any newsrack may complain to the Director. The Director shall forthwith notify the Certificate Holder of the complaint. The Certificate Holder shall contact the complainant and attempt to resolve the complaint. If the complaint is not resolved to the complainant's satisfaction within ten (10) days, the complainant may request a meeting before the Director, or his/her designee, and the Certificate Holder. After such meeting, the Director shall have authority to impose a reasonable resolution to the complaint, including ordering the relocation of the newsrack/s causing the noise problem. § 131.080 Enforcement Procedures. a. Non-Conforming Newsracks. Any newsrack found not to be in compliance with this Bylaw shall be subject to the enforcement provisions contained herein. b. Abandonment. In the event that any newsrack installed pursuant to the provisions of this Bylaw does not contain the printed material being dispensed therein for a period of seventy-two (72) hours after the release of the current issue, the Director may deem the newsrack abandoned and take appropriate action under this Bylaw A newsrack shall otherwise be deemed abandoned if no printed material is found in the newsrack for a period of more than fifteen (15) consecutive days. In the event that a Certificate Holder voluntarily abandons a newsrack location, the Certificate Holder shall so notify the Director, completely remove the newsrack and restore the public way to a safe condition. c. Enforcement. 1. Enforcement of the provisions of this Ordinance shall be carried out by the Director. Upon a determination that a violation of any provision of this Ordinance exists the Director shall notify the Certificate Holder of the violation in writing by first class mail. The notice shall included: a. the location of the newsrack; and b. the date of the incident or other cause giving rise to the violation; and c. a brief and concise statement of the facts causing the violation. 2. The notice shall inform the Certificate Holder that at the expiration of ten (10) days from the receipt of the violation notice, the newsrack will be removed by the Director, unless the violation is corrected. 3. Upon removal of a newsrack, the Director shall send, by first-class mail, written notice of such removal to the Certificate Holder. 4. Notwithstanding the provisions of the foregoing paragraphs 1(a) - 1(c) of this section, the Director may order the immediate removal of any newsrack (s) that the Director determines presents an imminent threat or peril to public safety, provided that the Certificate Holder, shall be notified of such removal as soon as practicable thereafter, and further provided that any newsrack so removed shall be stored a period of thirty (30) days in order to allow the Certificate Holder to retrieve the newsrack. If the Director removes a newsrack under this section (4) which does not have a Certificate of Compliance, the Director shall dispose of the newsrack at the end of the thirty (30) day period. § 131.9 Fees For Removal and Storage. a. A newsrack removed pursuant to this Bylaw may be retrieved by the Certificate Holder at any time within thirty (30) days of its removal upon payment of a removal fee of twenty-five ($25.00) dollars plus a storage fee of five ($5.00) dollars per day, to a maximum combined removal and storage fee of one hundred ($100.00) dollars. b. After thirty (30) days, any newsracks removed by the Director pursuant to Section 13.080 of this Bylaw shall be deemed "abandoned property" and become the property of the Town of North Andover. c. Failure of a Certificate Holder to retrieve a newsrack within the specified thirty (30) day period shall not operate to dismiss any fees owned to the Town for removal and storage of such newsrack. Unpaid fees accrued pursuant to this Section 13.090 shall be considered a debt payable to the Town. Suggestion: Some similar bylaws have required a cash bond to cover the cost of removal. We may want to consider this. Section 13 1.100 Regulations. The Director may, with the approval of the Town Manager, promulgate such rules and regulations consistent with the provisions of this Bylaw and the laws of the Commonwealth of Massachusetts as shall carry out the purposes of this Bylaw. § 131.11 Effect on Other Laws. Nothing in this Chapter shall affect the adoption of regulations affecting newsracks by other government bodies, such as historic district commissions, to the extent such bodies are authorized to adopt such regulations. § 131.12 Severability. The provisions of this Bylaw shall be severable and if any section, part, or portion hereof shall be held invalid for any reason by any court, the decision of such court shall not affect or impair any remaining section, part or portion thereof Or to take any other action relative thereto.