It is not the intent of this article to discriminate against,
regulate, or interfere with the publication, or dissemination of any
printed material which is constitutionally protected. The purpose
of this article 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 City of West Haven.
For the purposes of this article, the following words and expressions
shall have the meanings assigned to them:
BLOCK
One side of a street between two consecutive intersecting
streets.
DISTRIBUTOR
Any person responsible for the installation, operation or
maintenance of a newsrack in the City of West Haven.
NEWSRACK
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.
PERSON
An individual person, firm, corporation, or other entity.
PUBLIC RIGHT-OF-WAY
Any area owned and/or maintained by the City of West Haven
or any other governmental entity, open for use of the public for vehicular
or pedestrian travel, including but not limited to roadways, sidewalks,
streets, alleys, public grounds or other rights-of-way.
ROADWAY
That portion of any street improved, designed, or ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
SIDEWALK
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians, excluding parkways.
STREET
The entire area encompassed by a roadway and a sidewalk.
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate, on any public right-of-way, in
the City of West Haven any newsrack without first having obtained
a permit from the Building Department. One permit may be issued to
include any number of newsracks, and shall be signed by the applicant.
Every applicant for a permit to place a newsrack on a public
right-of-way in the City of West Haven shall file a written statement
with the Building Department in a form satisfactory to the Corporation
Counsel, whereby such owner agrees to indemnify and hold harmless
the City, its officers, and employees from any loss, liability or
damage, including expenses and costs, for bodily or personal injury,
and for property damage sustained by any person as a result of the
installation, use and/or maintenance of a newsrack within the City
of West Haven. Such statement shall also certify the newsrack owner's
agreement that the City is not liable for any damage to such newsracks.
Every owner of a newsrack who places or maintains a newsrack
on a public right-of-way shall provide the City of West Haven with
a certificate of liability insurance coverage issued by an insurance
company licensed to do business in the State of Connecticut insuring
the applicant and the City of West Haven against all claims for damages
to bodily injury, including death, and property which could arise
in connection with the installation, operation or maintenance of a
newsrack in the City of West Haven. The certificate of insurance shall
state that the coverage afforded thereunder shall be primary coverage
for any claims within its scope. Minimum coverage of such policy shall
be $100,000 aggregate for personal injury claims and for property
damage claims. The policy, by its terms, shall not be cancelable prior
to the expiration date of the permit without 30 days' written notice
to the City.
This article shall apply to all newsracks, including newsracks
installed prior to the enactment hereof, except that distributors
responsible for such existing newsracks shall have 30 days from its
effective date within which to comply with the provisions of this
article.
Any distributor aggrieved by a finding, determination, notice, decision or other action which has become final under the provisions of §
206-50 may appeal pursuant to §
128-9 of the Enforcement of Ordinances chapter.
Any newsrack which remains empty, or which remains unidentified as to distributor pursuant to §
206-48C(6) for a period of 30 consecutive days, shall be deemed to have been abandoned and may be removed and disposed of by the Building Department.
If any portion of this article 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.