[HISTORY: Adopted by the City Council of the City of Englewood 7-5-1988 by Ord. No.
88-10. Amendments noted where applicable.]
No person shall install or place upon any public sidewalk or
right-of-way any newspaper box except in accordance with the rules
and regulations container herein and without having first obtained
a permit therefor.
A.
The Chief of the Division of Code Enforcement of the City of Englewood,
or his designee, is hereby authorized to issue permits for the installation
or placement of newspaper boxes within the public right-of-way.
B.
In addition to the information required pursuant to § 262-3 of Chapter 262, Licensing Regulations, of the Code of the City of Englewood, an application for permit shall contain a diagram drawn to scale showing the proposed location of the newspaper box in relationship to surrounding curbs, streets, sidewalks, fire hydrants, parking meters, bus stops, taxi stands, loading zones, public or private driveways, adjacent buildings, pedestrian crosswalks, handicapped curb cuts, painted parking stalls, bus shelters and existing newspaper boxes within a radius of 20 feet.
C.
The application shall be submitted with a nonrefundable application
fee of $10 to cover the administrative costs in connection therewith.
D.
Permits issued hereunder shall be valid for a term of one year from
the date of issuance.
E.
Within 10 business days following receipt of a completed application
and payment of the application fee, the Chief of the Division of Code
Enforcement, or his designee, shall issue a permit for a newspaper
box upon the public right-of-way unless he finds that the issuance
of the permit would not be in compliance with the rules and regulations
set forth below. Failure to issue the permit within the time limit
provided shall be appealable as set forth below.
A.
No newspaper box shall be installed in such a manner as to:
(1)
Endanger the safety of persons or property; or
(2)
Unreasonably interfere with or impede the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle;
or
(3)
Unreasonably interfere with the ingress or egress from any residence
or place of business; or
(4)
Unreasonably interfere with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near said location.
B.
No newspaper box shall be installed in any of the following locations;
(1)
Within any public street, shoulder of any public street, public parking
lot or other public area designed for either the parking or passage
of motor vehicles.
(2)
Within three feet of a pedestrian crosswalk.
(3)
Within 10 feet of a fire hydrant.
(4)
Within five feet of a public or private driveway, fire call box,
police call box or other emergency facility.
(5)
Within three feet of a parking meter.
(6)
Within three feet of a painted line of a parking stall.
(7)
Within three feet of another newspaper box.
(8)
Within 10 feet from the sideline of an intersecting street.
(9)
Within three feet of a barrier-free curb cut.
(10)
Adjacent to any portion of the curbline or street or right-of-way
designated as either a bus stop, taxi stand or loading area, or otherwise
designated as a "no parking" or "no stopping and standing" traffic
zone.
(11)
On any privately owned property without the consent of the property
owner.
(12)
In such location as to result in an unobstructed sidewalk area
of less than four feet in width.
C.
Subject to the limitations contained in Subsection A above, newspaper boxes shall only be installed within the public right-of-way in the following locations:
(1)
Along streets having curbs: immediately adjacent to the edge of the
curb furthest from the street.
(2)
Along street having no curbs: immediately adjacent to that portion
of the sidewalk nearest the street.
(3)
Along public streets having neither curbs nor sidewalks: immediately
adjacent to the public right-of-way.
D.
Permittees shall maintain their newspaper boxes in proper working
order and free of graffiti.
E.
A permittee shall collect and remove all litter which may have accumulated
under, in or about its newspaper box whenever it places additional
newspaper in its newspaper box.
F.
No newspaper box shall be attached by chain, bolts, or otherwise
to any telephone pole, bus shelter, tree, traffic sign, street sign,
sidewalk or pavement or any other structure within any public street,
shoulder of any public street, public parking lot or other public
area.
G.
Newspaper boxes permitted hereunder shall comply with the following
additional standards:
(1)
No newsrack shall exceed 60 inches in height, 24 inches in width
or 20 inches in thickness.
(2)
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspaper sold therein.
(3)
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
he is unable to receive the publication paid for. The coin-return
mechanisms shall be maintained in good working order.
(4)
Each newsrack shall have affixed to it in a readily visible place
so as to be seen by anyone using the newsrack 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 the notices provided for in this chapter.
(5)
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:
(a)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof;
(b)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
(c)
The clear plastic or glass parts hereof, if any, through which
the publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discolorations;
(d)
The paper or cardboard parts of inserts thereof, if any, are
reasonably free of tears, peeling or fading;
(e)
The structural parts thereof are not broken or unduly misshapen.
H.
Any newspaper box placed or installed without a permit, if required hereunder, or in violation of any of the provisions of this chapter shall be deemed a public nuisance, and the owner thereof shall forthwith remove said newspaper box upon notice thereof from the Division of Code Enforcement of the City of Englewood. Except in the case of emergencies posing an immediate danger to the public health, safety and welfare, such notice shall be provided in writing to the address of the owner on file with the City or as otherwise known. Such notice may be appealed as provided in Chapter 262. In the event of the failure or refusal of the owner to so remove said newspaper box following such appeal, if any, the City of Englewood may cause such newspaper box to be removed and disposed of in accordance with law.
I.
Notwithstanding the provisions of Subsection B(10), a newspaper box may be installed or placed immediately along the side of a bus shelter or bench subject to the following additional limitations:
(1)
Such bus shelter or bench shall be located along the north side of
Palisade Avenue between Tenafly Road and Engle Street and along the
south side of Palisade Avenue from Bennett Road to Grand Avenue.
(2)
Only one newspaper box may be installed or placed one either side
of the bus shelter or bench.
(3)
Newspaper boxes shall not be placed in such a manner as to interfere
with passage from the bus shelter or bench to the curb.
(4)
Newspaper delivery vehicles shall not stop, stand or park within
the designated bus stop area.
Any person violating any provision of this chapter shall be
subject to a fine not in excess of $1,000 or imprisonment for a term
not to exceed 90 days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
