[Adopted 3-11-1980 by Ord. No. 310 as
Ch. 6, Art. 12 of the 1980 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any self-service or coin-operated box, container storage
unit or other dispenser installed, used, or maintained for the display
and sale or distribution of newspapers, new periodicals, or advertising
materials.
That area between the sidewalks and the curb of any street,
and where there is no sidewalk, that area between the edge of the
roadway and the property line adjacent thereto. "Parkway" shall also
include any area within a roadway which is not open to vehicular travel.
That portion of a street improved, designed, or ordinarily
used for vehicular travel.
Any surface provided for the primary use of pedestrians.
All that area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks.
The area generally bounded by Baltimore Pike, Hickory Avenue,
Broadway and Hays Street, as shown more specifically on the Official
Town Zoning Map.
No person or entity shall install, use or maintain
any unregistered newsracks on any parkway, roadway, sidewalk or street
in the Town Center Overlay District. No newsracks shall be located
in any parkway, roadway, sidewalk or street in the Town Center Overlay
District without a Town permit. All registered/permitted newsracks
in the Town Center Overlay District shall be attached as provided
herein to the Town's newsrack support bar. Unattached newsracks are
prohibited.
All newspapers and advertisers selling or distributing
via vending machines or via newsracks on any parkway, roadway, sidewalk
or street in the Town Center Overlay District must register with the
Town Clerk on prescribed forms containing the name, address, and telephone
number of those responsible for installation, use and maintenance
of the newsrack(s).
A.
Upon the filing of any application by a newspaper
or advertiser with the Town Clerk and upon payment of an annual administration
fee as set by resolution of the Board of Town Commissioners, payable
September 1 of each year, the Town shall issue a permit for attachment
of the proposed vending machine to one of the Town's newsrack support
bars, depending on space availability. Vending machines provided by
the registrant shall conform to the following specifications:[1]
B.
The newsrack owner shall attach to the Town's registration
form a certificate of insurance showing that such person/entity has
then in force public liability and property damage insurance, endorsing
the Town as an additional insured, in an amount not less than $1,000,000.
The newsrack owner shall provide and keep in force that policy of
public liability insurance during such time as it continues to locate
any newsrack under the terms of this article. The evidence of insurance
filed with the Town Clerk shall include a statement by the insurance
carrier that 30 days' unconditional notice will be given to the Town
before any cancellation.
C.
If the number of applications exceeds the available
space permitted by the Town, applications will be accepted and placed
on a waiting list for the next available space.
D.
Each newsrack shall be maintained in good repair at
all times. Each newsrack shall be serviced regularly so that it is
reasonably free of:
(1)
General dirt and grease;
(2)
Chipped, faded, peeling and cracked paint or graffiti
on all visible permitted areas;
(3)
Rust and corrosion on all visible unpainted metal
areas;
(4)
Cracks, dents, blemishes and discoloration in the
clear plastic and glass parts, if any, through which publications
are viewed;
(5)
Tears, peeling or fading in the paper or cardboard
parts and inserts; and
(6)
Broken or misshapen structural parts.
E.
Damaged or defective newsracks shall be replaced or
repaired as soon as practical.
F.
When use of a newsrack is permanently discontinued,
it shall be removed within 45 days. A newsrack which is unused for
one month shall be presumed permanently discontinued.
G.
Nothing in this section shall be construed to limit
or interfere with alternative methods of distribution available to
newspapers and advertisers throughout the Town.
Within 30 days after this article becomes effective, every person or other entity who or which places or maintains a newsrack in the Town Center Overlay District of the Town of Bel Air shall submit an application as required in § 410-22 of this article. Current newsrack owners shall be given priority for space allocation at designated Town newsrack locations. Prior to the allocation of a location, the applicant shall present evidence of compliance with this article.
A.
Any newsrack installed, used or maintained in violation
of the provisions of this article shall be tagged with a notice of
violation stating the violation, date of tagging, notice of intention
to remove the newsrack if the violation is not corrected within 10
days and procedure for obtaining a hearing before the Director of
Public Works or his designated representative.
B.
If a newsrack has been tagged and remains in violation
of the provisions stated on the tag after the ten-day correction period,
and if no hearing has been requested, said newsrack shall be removed
and stored by the Director of Public Works or his/her designated representative
and the space allocation shall be forfeited. The Director of Public
Works or his designated representative shall notify the owner by mailing
a notice of removal to the last known address of the owner. Such notice
shall state the date the newsrack was removed, the reasons therefor,
the locations and procedure for claiming the newsrack, and the procedure
for obtaining a post-removal hearing before the Director of Public
Works or his/her designated representative. Any such newsrack removed
and stored pursuant to these provisions shall be released to the owner
if claimed within 45 days after such removal and upon the payment
of reasonable charges for removal and storage. Upon failure of the
owner to claim such newsrack and to pay the reasonable charges within
45 days after the mailing of written notice of removal, such newsrack
shall be deemed to be unclaimed property in possession of the Department
of Public Works and may be disposed of pursuant to the provisions
of this Code.[1]
C.
If a newsrack is in violation of the provisions of
this article and the violation creates an immediate danger to the
public health, safety or welfare and the violation cannot be corrected
by moving or otherwise repositioning of the newsrack, said newsrack
may be summarily removed and stored so as to eliminate the danger
to public health, safety and welfare. The Director of Public Works
or his/her designated representative shall notify the owner thereof
by mailing a notice of removal to the last known address of the owner.
Such notice shall state the date the newsrack was removed, the reasons
therefor, the location and procedure for claiming the newsrack, and
the procedure for obtaining a post-removal hearing before the Director
of Public Works or his/her designated representative. Any such newsrack
removed and stored pursuant to this subsection shall be released to
the owner thereof if claimed within 45 days after the mailing of written
notice of removal and upon the payment of reasonable charges of removal
and storage. The newsrack space allocation shall be forfeited within
10 days of the notice of removal.
A.
The provisions of this article shall apply to all
newsracks, whether installed and maintained prior to or after the
effective date of any of the provisions herein. Those newsracks installed
prior to the effective date of any provision enacted hereunder shall
be brought into compliance with said provisions within 30 days of
the effective date thereof.
B.
Any newsrack not brought into compliance within the
aforementioned time period shall be deemed to be in violation of this
article.
[Amended 11-17-2008 by Ord. No. 715-08]
