> Proposed Windsor Newsrack Ordinance
Proposed Windsor Newsrack Ordinance
| CHAPTER 15 Article VI BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF WINDSOR: Chapter 15, Article VI, of the Windsor Code is adopted to read as follows: Sec. 1- Intent and Purpose The Council of the Town of Windsor finds and declares that: (a) Findings. (1) The uncontrolled placement and maintenance of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services. (2) Newsracks so located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein, constitute public nuisances. (3) It is a matter of public necessity that the Town of Windsor protect children and non-consenting adults in and on its public streets, sidewalks, transportation facilities and other public rights-of-way from viewing public displays of offensive sexual material. Such displays are thrust indiscriminately upon unwilling audiences of adults and children and constitute assaults upon individual privacy. (4) These factors constitute an unreasonable interference with and obstruction of the use of public rights-of-way, constitute an unwarranted invasion of individual privacy, are injurious to health, offensive to the sense, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community. (5) The Council recognizes, however, that the use of such rights-of-way is so historically associated with the sale and distribution of newspapers and publications that access to those areas for such purposes should not be absolutely denied. The interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this ordinance which is designed to accommodate such interests regulating the time, place and manner of using such newsracks. (b) The purpose of this chapter is to provide uniform guidelines for and to regulate the installation, operation and maintenance of newsracks in public rights-of-way in the Town of Windsor so that such newsracks shall not unduly obstruct sidewalks, interfere with the public's right to unhampered passage therein, create traffic congestion or illegal parking or stopping by motorist in order to purchase newspapers, damage municipal property because of the chaining of newsracks to poles, traffic standards, trees or other fixtures, interfere with the performance of municipal services, create unsightly conditions and endanger the safety and welfare of the inhabitants of the Town of Windsor so as to: (1) Provide for pedestrian and driving safety and convenience; (2) Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress to, or egress from, any place of business or from the street to the sidewalk; (3) Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes, and similar appurtenances, and access to locations used for public transportation purposes; (4) Reduce visual blight on the public rights-of-way, protect the aesthetics and value of surrounding properties, and protect the quiet of residential areas; (5) Reduce exposure of the Town to personal injury of property damage claims and litigation; and (6) Protect the right to distribute information protected by the United States and Connecticut Constitutions through use of newsracks. (c) Preservation of Constitutional Rights. It is not the intent of this ordinance to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any printed material that is constitutionally protected. See. 2 Definitions For the purpose of this chapter, the following words and phrases shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. (a) Chief of Police The head of the Town of Windsor Police Department or his duly designated representative. (b) Distributor Any person responsible for the installation, operation or maintenance of a newsrack in a public right-of-way. (c) Newsrack Any self-service or coin-operated box, container, storage unit or other dispenser installed, operated, or maintained for the display and sale of newspapers, periodicals or other printed matter. (d) Person An individual person, firm, corporation or other entity. (e) Public right-of way Any area owned and/or maintained by the Town of Windsor, 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. (f) Roadway That portion of any highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. (g) Sidewalk That portion of a street between the curb lines or lateral lines of a roadway and the adjacent property lines and any surface provided for exclusive use by pedestrians. (h) Street The entire area encompassed by a roadway and a sidewalk. Sec. 3 - Newsracks Prohibited (a) No person shall install, use or maintain any newsrack which projects onto, into, or which rests, wholly or in part, upon the roadway of any public street. (b) No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway: (1) when such installation, use, or maintenance endangers the safety of persons or property; (2) when such site or location is used for public utility purposes, public transportation purposes, or other governmental use; (3) when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including parked or stopped vehicles; the ingress in or egress from any residence or place of business; the use of poles, posts traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location; (4) when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery; or (5) in any other manner inconsistent with or in violation of the provisions of this ordinance. Sec. 4 Permit Required 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, in the Town of Windsor any newsrack without first having obtained a permit from the chief of police specifying the exact location of such newsrack. One permit may be issued to include any number of newsracks, and shall be signed by the applicant. Sec. 5 Application for Permit (a) Application for such permit shall be made, in writing, to the chief of police upon such form as shall be provided by him, and shall contain the name and address of the applicant, the proposed specific location of said newsrack, and shall be signed by the applicant. (b) From the above application information the chief of police shall approve or reject the locations and shall be guided therein solely by the standards and criteria set forth in this ordinance. In any case where the chief of police disapproves of a particular location, such disapproval shall be without prejudice to the registrant designating a different location or locations. (c) The chief of police shall assign a number to each such permit issued. Sec. 6 Conditions for Permit (a) Such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this ordinance. Permits shall be issued within seventy-two (72) hours (excluding Saturday, Sunday and legal holidays) after the application has been filed. A permit fee shall be charged as established and published from time to time by the Windsor Town Council in the Official Price Guide in an amount not in excess of the cost of administering this ordinance. (b) Such permits shall be valid for three (3) years and shall be renewable pursuant to the procedure for original applications referred to in Section 5 and upon payment of the permit fee. Sec. 7 Hold Harmless Every owner of a newsrack who places or maintains a newsrack on a public sidewalk or parkway in the Town of Windsor shall file a written statement with the chief of police in a form satisfactory to the Town Attorney, 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 Town of Windsor. Such statement shall also certify the newsrack owner's agreement that the Town is not liable for any damage to such newsracks. Sec. 8 Insurance Every owner of a newsrack who places or maintains a newsrack on a public sidewalk or parkway shall provide the Town of Windsor 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 Town of Windsor 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 Town of Windsor. The minimum coverage of such policy shall be one million dollars ($1,000,000.00) aggregate personal injury claims, five-hundred thousand dollars ($500,000.00) aggregate property damage claims and two-hundred fifty thousand dollars ($250,000.00) per each occurrence. The policy, by its terms, shall not be cancelable prior to the expiration date of the permit without thirty (30) days' written notice to the Town. Sec. 9 Newsrack Identification Required Every person who places or maintains a newsrack on the streets of the Town of Windsor shall have his permit number, name, address and telephone number affixed to the newsrack in a place where such information may be easily seen. Prior to the designation of location by the chief of police under Section 10 herein, the registrant shall present evidence of compliance with this Section. Sec. 10 Location, Placement of and Number of Newsracks Any newsrack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this section: (a) No newsrack shall be used or maintained which projects onto, into, or over any part or the roadway of any public street, or which rests, wholly or in part upon, along, or over any portion of the roadway of any public street. (b) No newsrack shall be bolted or otherwise attached to the sidewalk or to any fixture located in the public right-of-way, except to other newsracks, without the prior written approval of the chief of police. However, newsracks may be chained by means of a rubber or plastic coated chain except it may not be chained to a decorative fixture, a tree, or utility fixture that requires access for maintenance or service or any other fixture that would cause material public health or safety issues. (c) Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than five (5) feet along a curb, and a space of not less than three (3) feet shall separate each group of newsracks. (d) So as to violate any relevant provision of the federal Americans with Disabilities Act (ADA) legislation in existence or as amended from time to time. (e) No newsrack shall be placed, installed, used or maintained: (1) Within five (5) feet of any crosswalk. (2) Within fifteen (15) feet of the curb return of any crosswalk. (3) Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility. (4) Within five (5) feet of any driveway. (5) Within such distance from a designated bus stop, bus bench or bus shelter so as to impede the entry or exit from a bus. (6) At any location where the clear sidewalk space for the passageway of pedestrians is restricted to impede pedestrian traffic as determined by the chief of police. (7) Within three (3) feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping, or within three (3) feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes. (8) Within five hundred (500) feet of any other newsrack containing the same issue or edition of the same publication, within a commercial or business district. A second newsrack can be obtained if it is attached to the primary newsrack provided it meets all the other criteria of this ordinance, all other distributors who want a newsrack at that location have one, and said additional newsrack will be removed if another distributor who has no newsrack at one location requests a newsrack at the location. (9) Within one-thousand five hundred (1,500) feet of any other newsrack containing the same issue or edition of the same publication, within a residential district. (10) On any access ramp for disabled persons so as to impede access to a sidewalk or so as to interfere with access to or egress from a handicapped parking space. (f) In determining which newsracks shall be permitted to be located or to remain if already in place, the chief of police shall be guided solely by the following criteria: (1) First priority shall be daily publications (published five (5) or more days per week). (2) Second priority shall be publications published two (2) to four (4) days per week. (3) Third priority shall be publications published one (1) day per week. Sec. 11 Standards for Maintenance and Installation (a) Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards: (b) No newsrack shall exceed four (4) feet in height, two (2) fee in width, or two (2) feet in thickness. (c) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold therein. (d) Each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the paid for publication. The coin-return mechanism shall be maintained in good working order. This subsection shall not apply to newsracks for publications offered free of charge. (e) Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this ordinance. (f) Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that: (1) It is reasonably free of dirt and grease; (2) It is reasonably free of chipped, faded, peeling and cracked paint and graffiti in the visible painted areas thereof; (3) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon; (4) The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration; (5) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and (6) The structural parts thereof are not broken or unduly misshapen. Sec. 12 Display of Certain Matter Prohibited Publications offered for sale from newsracks placed or maintained on or projecting over the street or sidewalk shall not be displayed or exhibited in a manner which exposes to public view from the street or sidewalk any of the following: (a) Any picture or illustration of a person's genitals, pubic hair, perineum, anus, or anal region where such picture or illustration has as its purpose sexual arousal, gratification or affront. Sec. 13 Violations Upon determination by the chief of police that a newsrack has been installed, used or maintained in violation of the provisions of this ordinance, an order to correct the offending condition shall be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition, suggest actions necessary to correct the condition, and inform the newsrack distributor of the right to appeal. Failure to properly correct the offending condition within five (5) days (excluding Saturdays, Sundays, and legal holidays) after the mailing date of the order or to appeal the order within three (3) days after its receipt shall result in the offending newsrack being summarily removed and processed as unclaimed property. If the offending newsrack is not properly identified as to its owner, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the Town's cost and expense of impounding, shall be assessed against each newsrack summarily removed. The chief of police shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of said newsrack shall be charged a twenty-five dollar ($25.00) inspection fee for each newsrack so inspected. This charge shall be in addition to all other fees and charges required under this ordinance. Sec. 14 Appeals Any person or entity aggrieved by a finding, determination, notice order or action taken under the provisions of this ordinance may appeal and shall be appraised of his right to appeal to the town manager. An appeal must be perfected within three (3) days after receipt of notice of any protested decision or action by filing with the. town manager, a letter of appeal briefly stating therein the basis for such appeal. Any elector of the city wishing to appeal the decision of the chief of police to grant a permit for a newsrack placement shall, if he or she did not receive written notice of said decision, shall be authorized to submit such a letter of appeal within three (3) days after the placement of the newsrack in question. A hearing shall be held on a date not more than thirty (30) days after receipt of the letter of appeal. The appellant shall be given at least five (5) days' notice of the time and place of the hearing. The town manager shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the chief of police should not be upheld. At the conclusion of the hearing, the town manager shall make a final and conclusive decision in writing and provide notice of same to the parties. This decision shall be appealable to a court of competent jurisdiction within 15 days of notice of the decision but no appeal shall stay the effect of the decision absent further order of the court. Nothing contained in this chapter shall be interpreted to limit or impair the exercise by the Town of Windsor of its police powers to remove any newsrack which presents a clear and present danger of imminent personal injury or property damage to users of the public rights-of- way. Sec. 15 Existing Newsracks This chapter shall apply to existing newsracks within the Town of Windsor, except that the distributors thereof shall have 120 days within which to comply with its provisions or within such additional time as may be allowed in the discretion of the chief of police. Sec. 16 Abandonment In the event that a newsrack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in Section 13 for newsracks in violation of the provisions of this ordinance. Sec. 17 - Savings Clause The enactment of this Ordinance shall not operate as an abatement of any action or proceeding previously taken, now pending, or taken prior to the effective date of this Ordinance. All said actions and proceedings are hereby ratified to be continued. Sec. 18 Severability All provisions of the Town Code in conflict herewith are hereby repealed and that if for any reason, any word, clause, paragraph, or section of this Ordinance shall be held to make the same unconstitutional, this Ordinance shall not hereby be invalidated and the remainder of the Ordinance shall continue in effect. Any provision herein which is in conflict with the Connecticut General Statutes is hereby repealed, it being understood that said statues shall take precedence over this Ordinance. Section 19 - Effective Date This Ordinance shall become effective ten (10) days after publication in a newspaper having circulation in the Town of Windsor. APPROVED AS TO FORM: _____________________________ Vincent W. Oswecki, Jr. Town Attorney ATTEST: _____________________________ Town Clerk Distributed to Town Council: Public Hearing Advertised: Public Hearing: Adopted: Advertised: Effective Date: |