[HISTORY: Adopted by the New Canaan Town
Council 3-11-1998, effective 3-27-1998. Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the safety
and welfare of the public and to safeguard the right to make orderly
distribution of newspapers and other publications within the Town
of New Canaan.
B.
DISTRIBUTOR
ENFORCEMENT AUTHORITY
NEWSRACK
For the purposes of this chapter, the following words
and expressions shall have the meanings assigned to them:
Any person responsible for the installation or maintenance
of a newsrack in the Town of New Canaan.
Such official, agency or department of the Town of New Canaan
as may be designated by the Board of Selectmen.
Any self-service or money-operated box, container, storage
unit or other dispenser installed, operated or maintained for the
display and sale or distribution of newspapers, periodicals or other
printed matter.
[Added 11-19-2008,[1] effective 12-5-2008]
A.
No person shall install or maintain any newsrack on
any public sidewalk or pedestrianway, or within any public street
right-of-way, without first obtaining a permit for each such newsrack
from the Department of Public Works. Any person desiring a permit
shall submit an application on forms provided by the Department of
Public Works, together with the permit fee. The application shall
include the following information and documentation:
(1)
The applicant's name, address, telephone number, and
email address.
(2)
The distributor's name, address, telephone number,
and email address, if different from the applicant.
(3)
The name of the publication.
(4)
The requested location of the newsrack.
(5)
A depiction or description of the proposed newsrack
showing its dimensions, coloring, and lettering.
(6)
An indemnification agreement in a form satisfactory
to the Town's attorney, whereby the applicant agrees to indemnify
and hold harmless the Town, its officers, agents and employees for,
from and against any claim, loss, liability, cost or expense, including
reasonable attorney's fees, court costs and expert witness fees, for
personal injury or property damage sustained by any person directly
or indirectly relating to or resulting from the use, maintenance or
operation of the newsrack. The agreement shall also release the Town
from any claims for damage to the newsrack.
(7)
A liability insurance policy issued by an insurance
company licensed to do business in the State of Connecticut, insuring
the applicant and naming the Town as an additional insured, against
all claims of personal injury or property damage which could arise
in connection with the applicant's newsrack. The policy, by its terms,
shall include a provision giving the Town a right to 30 days' advance
written notice prior to any cancellation of the policy.
B.
The Board of Selectmen shall establish the permit
fees, minimum liability insurance coverage amounts, fines for violations,
and other charges required by this chapter. Fees, fines, and charges
established under this chapter shall be sufficient to defray the Town's
costs and expenses. All fees, fines, and charges paid under this chapter
are nonrefundable.
C.
Upon issuance of a newsrack permit, the Department
of Public Works shall assign the location for the newsrack, and that
location shall be set forth in the permit. Failure to install a newsrack
at the location set forth in the permit shall be a violation of this
chapter. A permit shall be valid only for the newsrack location specified
in the permit.
D.
A newsrack permit shall be valid for one year from the date of issuance, and shall be renewable in accordance with the permit requirements set forth in this chapter, provided that the newsrack remains in compliance with the standards set forth in § 36-3 for the entire term of the permit.
E.
On any coin-operated newsrack, the applicant shall
provide the means to report malfunctions of the dispenser or secure
refunds, in the event that the coin-return mechanism malfunctions,
by displaying a working toll free number.
F.
If a successor distributor or applicant assumes responsibility
for a newsrack, or there is a change in the publication dispensed
from a newsrack while a permit for such newsrack is valid, the new
distributor or applicant must fulfill the permit application requirements
set forth in this chapter, with the exception of paying the fee for
the duration of the permit.
A.
No person shall install or maintain any newsrack which
rests wholly or in part upon, or which projects onto, into or over
any roadway.
B.
No newsrack which rests wholly or in part upon, or
which projects onto, into or over any sidewalk or pedestrianway shall
be installed or maintained:
(1)
Within five feet of any roadway intersection, crosswalk,
public bench or access ramp for disabled persons;
(2)
Within 10 feet of any fire hydrant, fire or police
callbox or other emergency facility;
(3)
Within 10 feet of any driveway;
(4)
Within 15 feet of any school bus pick-up or drop-off
location, or parking space for the handicapped;
(5)
In any location so as to reduce clear passage for
pedestrians to less than five feet;
(6)
Within 100 feet of another newsrack on the same street
containing the same publication; or
(7)
Upon any public area improved with lawn, flowers,
shrubs, trees or other landscaping.
C.
Newsracks subject to this chapter shall conform to
the following standards:
(1)
The dimensions of the newsrack shall not exceed five
feet in height, 30 inches in width and two feet in depth.
(2)
No newsrack shall be chained, bolted, locked or otherwise
attached to any property owned or maintained by the Town of New Canaan,
including without limitation, sidewalks, ramps, fences, posts, railings,
poles, trees, sewers, grates, and traffic and parking signs.
(3)
No newsrack shall be chained, bolted, locked or otherwise
attached to property owned by any other person, including without
limitation, hydrants, telephone booths, billboards, advertising displays,
and lighting and utility poles, unless with the written consent of
such other person.
(4)
Each newsrack shall be constructed freestanding on
its own base so as not to be susceptible to rocking, swiveling, tipping,
toppling, falling or being dislodged from its specific site in the
ordinary course of use.
(5)
No newsrack shall display advertising signs or devices,
promotional announcements or other publicity material of any kind,
except for rack cards and except for a display of the publication
itself, and, on no more than two faces of the newsrack, the publication
contained therein may be identified in letters no more than three
inches high.
(6)
Each newsrack shall be maintained in a clean and neat
condition and shall be in good repair at all times.
(7)
The exterior finish of each newsrack shall be of not more than a single color, provided that the lettering permitted under Subsection C(5) may differ from the color of the newsrack to the extent reasonably required to afford legibility. No such finish shall incorporate reflectorized paint or any other device or material designed to reflect light in an unusual manner.
(8)
The exterior of the newsrack shall display a notice
setting forth the name, address and telephone of the distributor.
This chapter shall apply to newsracks installed
prior to the enactment hereof, except that distributors responsible
for such newsracks shall have 30 days from its effective date within
which to comply with the provisions of this chapter.
A.
It shall be the responsibility of the Enforcement
Authority to determine whether or not a violation of this chapter
has occurred, and if so, to notify the distributor to correct such
violation. Such notice of violation shall be in writing, shall specify
the nature of the violation, shall direct correction within five business
days and shall inform the distributors of the right to a hearing.
The notice of violation shall be served on the distributor by certified
mail, return receipt requested. During such period of five business
days the distributor may apply for a hearing before a hearing officer
designated by the Enforcement Authority to review whether such violation
has occurred. At such hearing, the distributor shall have the right
to examine and challenge the evidence upon which the Enforcement Authority
based the notice of violation, to cross-examine witnesses and to present
evidence tending to show that no violation has occurred. The hearing
officer shall promptly review such evidence, notify the distributor
of his decision with respect thereto and, if required under the circumstances,
afford the distributor a reasonable period within which to comply
with such decisions.
B.
If the violation has not been corrected within five
business days specified in the notice of violation or, in the event
of a hearing, within such further period as may be specified by the
hearing officer, the Enforcement Authority shall request the New Canaan
Director of Public Works (who may be appointed the Enforcement Authority)
to remove the newsrack and place it in secure storage. The costs of
removal and storage shall be charged to the distributor. In the event
of nonpayment, the Town of New Canaan may bring a civil action for
money damages against the distributor in any court of competent jurisdiction.
A.
Any distributor aggrieved by a finding, determination, notice, decision or other action which has become final under the provisions of § 36-5 may appeal to the Board of Selectmen. Notice of such appeal shall be in writing, signed by the distributor and filed with the Town Clerk within five business days of receipt by the distributor of notice of such action. The notice of appeal shall identify the newsrack in question and shall contain a brief statement of the grounds for appeal. A hearing before the Board of Selectmen shall be set to take place within 10 business days of the filing of the notice of appeal. The distributor shall be given at least five business days' notice of the time and place of the hearing. The Board of Selectmen shall afford the appellant or any other interested person a reasonable opportunity to be heard in order to show cause why the action appealed from should not be upheld. The Board of Selectmen shall make a final determination at the conclusion of the hearing or as soon as practicable thereafter. In the event that the Board of Selectmen reverses a determination resulting in the removal and storage of the newsrack which was the subject of the appeal, no costs shall be charged to the distributor under § 36-5B. The distributor may bring a civil action to review the determination of the Board of Selectmen.
B.
Nothing in this chapter shall be construed so as to
limit, impair or delay the exercise by the Town of New Canaan of its
authority to remove immediately any newsrack which presents a clear
and present danger of imminent personal injury or property damage
to the users of the public way.
Any newsrack which remains empty, or which remains unidentified as to distributor pursuant to § 36-3C(8) for a period of 30 consecutive days shall be deemed to have been abandoned.
If any portion of this chapter is held to be
invalid or unconstitutional by any court of competent jurisdiction,
such holding shall not affect the validity of any other portion thereof.