[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford
8-12-1997 by L.L. No. 7-1997. Amendments noted where applicable.]
The Board of Trustees of the Village of Pittsford finds and declares
that the uncontrolled placement of newspaper vending machines in public rights-of-way
presents 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 and sidewalk maintenance and snow removal. Newspaper
vending machines shall be so designed as to limit visual blight on the public
rights-of-way, protect the aesthetics and value of surrounding properties
and protect the quiet of residential neighborhoods.
As used in this chapter, the following terms shall have the meanings
indicated:
The person responsible for placing and maintaining a newspaper vending
machine in a public right-of-way.
Any self-service or coin-operated box, stand, rack, container, storage
unit or other dispenser installed, used or maintained for the purpose of offering
for sale, vending, distributing or giving away any publication.
The portion of a street improved, designed or ordinarily used for
vehicular travel.
Any portion of a street between the curbline and the adjacent property
line intended for the use of pedestrians.
Includes but shall not be limited to streets, avenues, boulevards,
roads, alleys, lanes, viaducts and all other public highways in the village.
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 within the Village of Pittsford any self-service or money-operated
box, container, device, storage unit or other type of dispenser which is used
or maintained for the display and sale of newspapers, newsletters or other
news periodicals without first obtaining a permit from the Village Clerk specifying
the exact location of such newspaper vending machines. One permit shall be
issued for each newspaper vending machine.
A.
An application for a newspaper vending machine permit
or for a change of location of an existing newspaper vending machine shall
be made in writing on a form provided to the Village Clerk and shall contain
the name and the address of the applicant, the proposed specific location(s),
the dimensions of the machine and the person for repair or to be notified
for any reason whatsoever in connection with the use, maintenance and locations
of the vending machine.
B.
As an express condition of the acceptance of such permit,
the permittee thereby agrees to indemnify and save harmless the village, its
trustees and employees against any loss or liability or damage, including
expenses and cost for bodily or personal injury, and for property damage sustained
by any person as the result of the installation, use or maintenance of a newspaper
vending machine within the Village of Pittsford.
C.
Permits shall be issued for the installation of a newspaper
vending machine after prior inspection of the location. Such newspaper vending
machine and the installation, use or maintenance thereof shall be conditioned
upon observance of the provisions of this chapter. An annual permit fee for
a newspaper vending machine shall be $50.
D.
The Code Enforcement Officer shall cause an inspection
of the proposed location after the application has been filed. No person shall
maintain a newspaper vending machine on any portion of a roadway, nor shall
any person permit a newspaper vending machine to project onto, into or over
any portion of a roadway.
A.
Type and amount. No newspaper vending machine permit
shall be issued unless the machine owner shall have filed with the Village
Clerk a certificate of insurance, issued by a company duly licensed to transact
business under the insurance laws of this state, naming the Village of Pittsford
as an insured and providing for the payment of not less than $1,000,000 to
satisfy all claims for damage by reason of bodily injuries to or the death
of any person due to the maintenance of such machine.
B.
Notice. The insurance policy shall provide that the insurance
company shall notify the Village of Pittsford 10 days prior to cancellation
or substantial change in coverage.
All newspaper vending machines for which a permit is required shall
comply with the following standards:
A.
No newspaper vending machine shall exceed 50 inches in
height, 25 inches in width or 20 inches in thickness.
B.
Each newspaper vending machine shall be maintained in
a neat and clean condition and in good repair.
C.
The area through which the publication is viewed shall
be made of a plastic nonbreakable glass material which shall be reasonably
free of cracks, dents, blemishes and discoloration.
D.
Each newspaper vending machine shall be equipped with
a coin-return mechanism to allow a person to receive an immediate refund in
the event that he/she is unable to receive the publication paid for. The coin-return
mechanism shall be maintained in good working order.
E.
No newspaper vending machine shall be chained, bolted
or otherwise attached to any fixture located in the public right-of-way.
No newspaper vending machine shall be placed in the following manner:
A.
Within 10 feet of any marked crosswalk or street intersection,
fire hydrant, emergency call box, driveway or any designated bus stop.
B.
Within 25 feet of any designated school bus stop.
C.
Within 500 feet of any other newspaper vending machine
on the same street containing the same issue or edition of the same publication.
D.
Within any area that will reduce the clear space for
pedestrian passage to less than six feet.
E.
At a location which will interfere with the snow removal
procedures of the Department of Public Works determined by the Highway Superintendent.
A.
Criminal penalty. Any person who violates any provision
of this chapter 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.
B.
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 chapter.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter 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 chapter
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.
