Village of Phoenix, NY Newspapers

The Board of Trustees of the Village of Phoenix finds and declares that the placement of newspaper distribution devices in public rights-of-way presents both an inconvenience and potential danger to the safety and welfare of persons using such rights-of-way, including pedestrians and persons performing essential utility, traffic control and emergency services and sidewalk maintenance and snow removal. Moreover, such devices create a visual blight on the aesthetics and value of Village properties and the character of the Village of Phoenix.

§ 120-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

DISTRIBUTOR

The person responsible for placing and maintaining a newspaper distribution device in a public right-of-way.

NEWSPAPER DISTRIBUTION DEVICE

Any self-service, coin-operated box, or stand, rack, container, storage unit or other dispenser installed, used or maintained for the purpose of offering for sale, vending, distributing, delivery, or giving away of any publication.

ROADWAY

The portion of a street improved, designed or ordinarily used for vehicular travel.

SIDEWALK

Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

STREET

Includes but shall not be limited to streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the Village.

§ 120-3 Prohibited conduct.

It shall be unlawful for any person, film or corporation to erect, place, maintain or operate on any public street, sidewalk, right-of-way, or any other public way or place within the Village of Phoenix any self-service or money-operated box, container, device, storage unit or other type of dispenser which is used or maintained for the display, sale, or distribution of any newspaper(s), newsletter(s) or other news periodical(s).

§ 120-4 Exception.

Excepted herefrom shall be:

Any newspaper distribution device(s) serving a residence and affixed to any U.S. Post Office designated postal box erected for the delivery of the U.S. mail, in which case such device may be placed on the same structure as the U.S. Postal Service mail delivery box;

Any other newspaper distribution device placed on real property, the principal use of which is a retail sales or service facility, provided that the Board of Trustees grants such exception, with whatever conditions it deems appropriate, only upon a finding that the granting of same will not violate the intent of this article.

§ 120-5 Penalties for offenses.

Criminal penalty. Any person who violates any provision of this article shall, upon conviction thereof. be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.

Civil penalties; construal.

(1)

Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.

(2)

Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this article nor a judgment in or the pendency of a civil action of law or in equity shall be a bar to the other form of proceeding.

(3)

The imposition of a penalty for a violation of this article shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.