[HISTORY: Adopted by the Board of Trustees 3-4-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Cedarhurst finds and declares that:
The uncontrolled placement of newsracks in public rights-of-way is an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings and persons performing essential utility, traffic control and emergency services.
Newsracks located so as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein, constitute public nuisances.
The provisions, limitations and prohibitions hereinafter contained and enacted are in pursuance, furtherance and for the purpose of securing and promoting the public health and general welfare of persons in the Village of Cedarhurst in their use of public rights-of-way.
As used in this chapter, the following terms shall have the meanings indicated.
- One side of a street between two intersecting streets.
- The person responsible for placing and maintaining a newsrack in a public right-of-way.
- Any self-service, free or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, distribution or sale of newspapers, news periodicals, magazines, advertising, publications or other printed materials.
- The area between the sidewalk and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and property line adjacent thereto. "Parkway" shall include any area within a roadway that is not open to vehicular traffic.
- Any person or persons or entity, including but not limited to a corporation, partnership, unincorporated association, joint venture or limited-liability company.
- That portion of a street improved, designed or ordinarily used for vehicular traffic.
- Any surface provided for the exclusive use of pedestrians.
- All that area dedicated to the public use for public street purposes, and shall include but not be limited to roadways, parkways, alleys and sidewalks.
No person shall install, use, or maintain any newsrack which projects onto, into, or which rests, wholly or in part, upon the roadway of any public street.
No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway, when:
Such installation, use, or maintenance endangers the safety of persons or or property;
Such site or location is used for public utility purposes, public transportation purposes, or other governmental use;
Such newsrack unreasonably interferes with the flow of pedestrian or vehicular traffic, including parked or stopped vehicles; the ingress or egress from any residence, place of business or legally stopped or parked vehicles; the use of poles, posts, traffic signs, hydrants, mailboxes, or other objects permitted at or near said location;
Such newsrack interferes with the cleaning of any sidewalk, whether by manual means, by the use of mechanical sidewalk cleaning machinery or other means; or
In any other manner inconsistent with or in violation of the provisions of this chapter or any other local law or this Code.
It shall be unlawful for any person to erect, place, maintain or operate, on any public street or sidewalk or in any other public way or place in the Incorporated Village of Cedarhurst, any newsrack without first having obtained a permit from the Village Clerk. One permit may be issued to include any number of newsracks installed, used, maintained or operated by the same person.
Application for such permit shall be made, in writing, to the Village Clerk, upon such form as shall be provided by the Village Clerk, and shall contain the name and address of the applicant and the proposed specific location(s) of each such newsrack, and shall be signed by the applicant or a duly authorized representative thereof.
From the information contained in the application, the Village Clerk shall approve locations and shall be guided therein solely by the standards and criteria set forth in this chapter. In the event that the Village Clerk disapproves of a particular location, such disapproval shall be without prejudice to the applicant designating a different location.
Permits shall be issued for the installation of a newsrack or newsracks without prior inspection of the location(s) selected, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this chapter. Permits shall be issued within three days (excluding Saturday, Sunday and legal holidays) after the application has been filed, exclusive of the date of the filing thereof. A permit fee of $100 for each application and $25 for each newsrack shall be required.
Such permit shall be valid for two years and shall be renewable pursuant to the procedures for original applications herein, upon payment of the permit and newsrack fees and, where applicable, replenishment of deposit charges.
Permit and newsrack numbers shall be issued with the permit, and every person who maintains a newsrack on the streets of the Village of Cedarhurst shall have his, her or their permit and newsrack number, name, address and telephone number affixed, on a weather-resistant tag or device, to each newsrack, where such information may be easily seen at all times. Proof of compliance with this section must be submitted to the Superintendent of the Building Department before final approval will be given.
The use of any newsrack shall be prohibited until compliance with this chapter has been verified by the Superintendent of the Building Department and the permit issued for the installation thereof has been stamped "Final Approval." Such verification and approval shall be completed within three days (excluding Saturday, Sunday and legal holidays) of the Building Superintendent's receipt of written notice that a newsrack has been installed.
Upon making application for a permit, applicants shall pay a deposit charge of $100 for each newsrack, to be measured by and applied to and cover the Village's cost of removal, impound, storage and disposition in the event of abandonment thereof or uncorrected violations of this chapter. Such sum(s) shall be deposited in a special interest-bearing trust account maintained by the Incorporated Village of Cedarhurst for that purpose and administered by the Village Clerk, and all or any part of said sum not applied to the uses set forth in this section shall be refunded, with accrued interest, to the applicant or the applicant's assigns, transferees or successors in interest upon termination of the use of the applicant's newsrack or newsracks. In no event shall the Village's cost of removal, impound, storage and disposition, nor the applicant's liability therefor, be limited to the amount of said deposits.
Every person, owner, distributor and user of a newsrack who places or maintains a newsrack on a public sidewalk or parkway in the Village of Cedarhurst shall file a written statement with the Village Clerk, in a form satisfactory to the Village Attorney, whereby such person, owner, distributor and user agrees to indemnify and hold harmless the Incorporated Village of Cedarhurst, its officers and employees, from any loss, liability or damage, including expenses, costs and reasonable attorneys' fees, for bodily or personal injury and for property damage sustained by any person as a result of the installation, maintenance and/or use of a newsrack within the Village of Cedarhurst.
Any newsrack which 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 provisions of this section:
No newsrack shall be used or maintained which projects onto, into, or over any part of the roadway of any public street, or which rests wholly or in part upon, along or over any portion of the roadway of any public street.
No newsrack shall be chained, bolted, or otherwise attached to any fixture located in the public right-of-way, except other newsracks.
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight feet along a curb, and a space of not less than three feet shall separate each group of newsracks.
No newsrack shall be placed, installed, used or maintained:
Within five feet of any marked crosswalk.
Within 15 feet of the curb return of any unmarked crosswalk.
Within five feet of any fire hydrant, fire call box, police call box, or other emergency facility.
Within five feet of any driveway.
Within three feet ahead or 25 feet to the rear of any sign marking a designated bus stop.
Within five feet of the outer edge of any bus stop bench.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
Within three feet of 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 in such a manner as to impede or interfere with the reasonable use of such window for display purposes.
Within 100 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.
On any access ramp for disabled persons.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:
No newsrack shall exceed four feet in height, 30 inches in width, or two feet in thickness.
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper, news or other periodicals or other publications sold therein.
Each newsrack containing a coin-operated mechanism 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 and in good working order at all times.
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 notices provided for in this chapter.
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 maintained so that:
It is reasonably free of dirt and grease;
It is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas thereof;
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed, are unbroken and reasonably free of cracks, dents, blemishes and discoloration;
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and
The structural parts thereof are not broken or unduly misshapen.
Upon determination by the Building Department Superintendent that a newsrack has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the offending condition shall be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition, suggest actions necessary to correct the condition, and inform the newsrack distributor of the right to appeal.
Failure to properly correct the offending condition(s) within five days (excluding Saturday, Sunday and legal holidays) after the mailing date of the order, or to appeal the order within three days after its receipt, shall result in the offending newsrack being summarily removed and processed as unclaimed property. If the offending newsrack is not properly identified as to its owner, it shall be removed immediately and processed as unclaimed property. An impound fee, shall be measured by the Village's cost and expense of removal, impound, storage and disposition.
The Building Department Superintendent shall cause inspection to be made of the corrected condition of a newsrack or of a newsrack reinstalled after removal under this section. The distributor of said newsrack shall be charged an inspection fee of $50 for each newsrack so inspected. This charge shall be in addition to all other fees and charges required under this chapter.
Any person or entity aggrieved by a finding, notice, order or action taken under the provisions of this chapter may appeal and shall be apprised of his, her or their right to appeal to the Board of Trustees. An appeal must be perfected within three days after receipt of notice of any protested decision or action by filing with the Village Clerk a letter of appeal briefly stating therein the basis of such appeal. A hearing shall be held on a date not more than 10 days after receipt of the letter of appeal. The appellant shall be given at least five days' notice of the time and place of the hearing. The Board of Trustees 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 Department Superintendent should not be upheld. At the conclusion of the hearing, the Board of Trustees shall make a final and conclusive determination. This decision shall be immediately appealable to a court of competent jurisdiction.
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 § 170-10 for newsracks in violation of the provisions of this chapter.
Any newsrack or newsracks existing and located within the Village prior to and at the time of the enactment of this chapter shall be in compliance therewith within 30 days of the receipt of notice thereof mailed by certified letter, return receipt requested, by the Village to the owner, distributor, operator or person responsible for the use and maintenance of said newsrack or newsracks.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall nor affect the validity of the remaining portions of this chapter.