[HISTORY: Adopted by the City Council of the City of Newburgh 10-15-1991 by Ord. No. 42-91. Amendments noted where applicable.]
The Council of the City of Newburgh hereby finds and declares that the placement of letter and parcel receptacles within the public right-of-way by various private companies provides a valuable public service; however, the unrestricted and unregulated placement of such receptacles may encumber the passage of the public on the streets and sidewalks of the City, cause traffic hazards and result in damage to ornamental trees and shrubs to the detriment of the public welfare. The provisions hereinafter enacted are intended for the purpose of promoting the general welfare of persons in the City of Newburgh in their use of the public rights-of-way.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk or in any other public way or place in the City of Newburgh any receptacles for the deposit of letters or parcels without first having obtained a permit from the City Clerk specifying the exact location of such receptacle(s). One permit may be issued to include any number of receptacles and shall be signed by the applicant.
Application for such permit shall be made in writing to the City Clerk upon such form as shall be provided by him and shall contain the name and address of the applicant and the proposed specific location of said receptacle(s) and shall be signed by the applicant.
As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the City of Newburgh, its officers, directors and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury and for property damage sustained by any person as the result of the installation, use or maintenance of a receptacle for the deposit of letters or parcels within the City of Newburgh.
Permits shall be issued for the installation of a receptacle without prior inspection of the location, but such receptacles and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this chapter. Permits shall be issued within five business days after the application has been filed. An annual permit fee, as set forth in Chapter 163, Fees, of this Code, is required.
Any receptacle which, in whole or in part, rests upon, in or over any public sidewalk or parkway shall comply with the following standards:
No receptacle shall exceed five feet in height, 30 inches in width or two feet in thickness.
Each receptacle 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 receptacle shall be serviced and maintained so that:
It is reasonably free from 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.
The structural parts thereof are not broken or unduly misshapen.
Any receptacle which rests in whole or in part upon or on any portion of a public right-of-way shall be located in accordance with the provisions of this section:
No receptacle 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 receptacle shall be permitted to rest upon, in or over any public sidewalk or parkway when such installation, use or maintenance endangers the safety of persons or property or when such site or location is used for public utility purposes, public transportation purposes or other governmental use or when such receptacle unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally marked or stopped vehicles, the ingress to or egress from any residence or place of business or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, newsracks or other objects permitted at or near said location.
No receptacle shall be chained, bolted or otherwise attached to any fixture located in the public right-of-way, except to other receptacles.
Receptacles may be placed next to each other, provided that no group of receptacles 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 receptacles.
No receptacle shall be placed, installed, used or maintained:
Within three feet of any marked crosswalk.
Within 12 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 15 feet to the rear of any sign marking a designated bus stop.
Within three feet of the outer end of any bus bench.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
Within 100 feet of any other receptacle on the same side of the street in the same block containing the same receptacle.
Upon determination by the Chief of Police that a receptacle has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the offending condition will be issued to the owner of the receptacle. Such order shall be telephoned to the owner and confirmed to the distributor by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition within three days, excluding Saturdays, Sundays and legal holidays, after the mailing date of the order shall result in the offending receptacle being summarily removed. If the offending receptacle is not properly identified as to owner, it shall be removed immediately and processed as unclaimed property. The Chief of Police shall cause inspection to be made of the corrected condition or of a receptacle reinstalled after removal under this section. The distributor of said receptacle shall be charged an inspection fee as set forth in Chapter 163, Fees, of this Code for each receptacle so inspected, which charge shall be in addition to all other fees and charges required under this chapter.
Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of this chapter may appeal and shall be apprised of his right to appeal to the City Manager. An appeal must be perfected within three days after receipt of notice of any protested decision or action by filing with the office of the Chief of Police a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no 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 City Manager 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 Chief of Police should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the Chief of Police. Within five business days of the conclusion of the hearing, the City Manager shall make a final and conclusive determination.
In addition to the enforcement procedures provided in § 207-7 of this chapter, it shall be within the power and discretion of the Chief of Police to suspend or revoke the permit for continued or repeated violation or infractions of any provision of this chapter or of any rule, direction or regulation of the Chief of Police. Suspension or revocation shall be mandatory for the third offense against § 207-7 of this chapter.
[Amended 9-28-1998 by Ord. No. 12-98]
In addition to all enforcement procedures provided herein, any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.