ARTICLE 27
Newsracks
27.1. It has been determined that the proliferation of newsracks in Belmont has impeded access to and otherwise obstructed sidewalks, crosswalks, handicapped ramps, bus stops, loading zones, utility poles, fire lanes, fire hydrants, mailboxes and other areas utilized by the general public. The purpose of this By-Law is to regulate but not to prohibit the use of such newsracks within the Town of Belmont.
27.2 For the purpose of this By-Law, the following definitions shall apply:
27.2.1 Person - Any individual, corporation, society, association, partnership, organization or other entity circulating printed matter;
27.2.2 Printed Matter - Any newspaper, directory, handbill, advertising matter, magazine, circular flyer, book, pamphlet, catalogue or other publication;
27.2.3 Newsrack - Any container, box, bin, vending machine, display, stand, rack or other device used for the purpose of dispensing printed matter with or without cost to the consumer;
27.2.4 Administrator - The person in the Town who shall have the power and the duties granted under this By-Law;
27.2.4.1 The Director of Community Development or his/her designee shall be the Administrator under the direction and control of the Board of Selectmen which is authorized to adopt regulations for the administration of this By-Law.
27.2.5 Public Way - The entire width between property lines of every street or highway that is open the public for purposes of travel;
27.2.6 Sidewalk - That portion of a public way that is set aside for pedestrian travel;
27.2.7 Roadway - That portion of a public way that is intended for the use of motor vehicles or bicycles;
27.2.8 Crosswalk Curb Return - The point at which the crosswalk pavement markings meet the sidewalk.
27.3.1. Any person who places a newsrack or causes a newsrack to be placed upon any sidewalk or public way in the Town or upon any other Town-owned property prior to the effective date of this By-Law and who wish to maintain said newsrack on and after said date shall, within sixty (60) days after said date, apply for a permit from the Administrator in accordance with the provisions of this By-Law.
27.3.2 On or after the effective date of this By-Law, no person shall place a newsrack or cause a newsrack to be placed upon a sidewalk or public way in the Town or upon any other Town-owned property without first obtaining a permit from the Administrator in accordance with the provisions of this By-Law.
27.3.3 The Administrator shall provide a permit application form which shall be completed by every person who places or maintains a newsrack upon a sidewalk or public way in the Town or upon any other Town-owned property. The form shall require the applicant to provide the following information:
(1) a description sufficient to show the precise address and location of each newsrack and whether or not it is attached to Town-owned property;
(2) the name, address and telephone number of the owner of each newsrack and the name, address and telephone number of a person responsible for the maintenance and operation of the newsrack who may be contacted; and
(3) a certification that the specified location and the newsrack comply with the provisions of this By-Law.
27.3.4 Each applicant for a permit or renewal of a permit shall prepare a single application form upon which all newsracks owned by that person and located upon a public way, sidewalk or other Town-owned property in the Town shall be listed.
27.3.5 Permits shall be valid for a period of one year from the date of issue and, upon application, may be renewed by the Administrator on an annual basis. Proof of permit shall be attached to the newsrack so it can be seen.
27.3.6 Each person granted a permit or renewal thereof under this By-Law shall thereafter give notice to the Administrator of any change in the location of a newsrack or the installation of a newsrack in a location not previously listed on a permit by the submission of a quarterly amendment application to the Administrator. Upon receipt by the Administrator, the amendment application shall constitute an amendment to the permit subject, however, to all other applicable provisions of this By-Law. The Administrator shall specify on the permit the dates for receipt of such quarterly amendment applications provided that they occur at intervals of not less than ninety (90) days commencing on the date the permit was issued.
Articles 27.1 to 27.3.6 inserted at April 23, 2001, Annual Town Meeting. Approved by Attorney General Tom Reilly on August 24,2001.
27.3.7 The Board of Selectmen is authorized to establish reasonable fees for original permit applications, annual renewal applications and amendment applications provided that such fees do not exceed the actual cost of administering this By-Law. Newsracks owned by the Town of Belmont shall be exempt from fees.
Article 27.3.7 amended at April 28, 2003, Annual Town Meeting. Approved by Attorney General Tom Reilly on October 16, 2003.
27.3.8 Within 14 days after receipt of an application for a permit or renewal of a permit under this By-Law the Administrator shall either issue or renew the permit or deny the application by giving written notice and a statement of reasons to the applicant. A denial shall be based upon the failure of the applicant to satisfy requirements set forth in this By-Law.
27.3.9 If the Administrator has not acted on a permit application within 14 days of receipt thereof, pursuant to Section 27.3.8, the permit will be deemed issued or renewed subject however, to all other applicable provisions of this By-Law.
27.3.10 If the Administrator denies an application, in whole or in part, the applicant may appeal the Administrator’s decision to the Board of Selectmen by giving written notice to the Board within 10 days after receipt of notice of the Administrator’s decision.
27.3.11 The Board of Selectmen shall hold a public hearing on the appeal no later than 30 days after receipt of said notice by the Board and shall, within 14 days after a public hearing, issue an order affirming, reversing or modifying the Administrator’s decision. If an order has not been issued by the Board within 14 days after the hearing, the Administrator’s decision shall be deemed affirmed.
27.3.12 During the pendency of an appeal, the newsrack(s) may remain in place subject to the removal provisions in Sections 27.5.4 and 27.5.5.
27.4.1 No person shall place, cause to be placed or maintain a newsrack on a sidewalk or public way in the Town or upon any other Town-owned property:
(1) within 5 feet of a handicapped access ramp;
(2) within or overhanging the roadway;
(3) within 6 inches of a curb;
(4) within 5 feet of the curb return of any marked crosswalk;
(5) within 10 feet of any fire hydrant or fire hose connection;
(6) within 3 feet of any manhole, service gate, valve cover, sewer grate or other access panel or cover located in a public way or sidewalk;
(7) within 6 feet of a driveway;
(8) immediately adjacent to a designated loading zone, a handicapped parking space or a zone reserved for emergency vehicles;
(9) so as to reduce the width of a sidewalk to less than 4 feet for the passage of travelers unless the width of the sidewalk is otherwise reduced to less than 4 feet, as determined by the Administrator, in which case the newsrack may be installed so as to avoid further reducing the width of the sidewalk;
(10) so as to impede egress from legally parked motor vehicles;
(11) so as to impede the operation of standard sidewalk snow plows in use by the Town of Belmont except where said sidewalk snow plows would be otherwise impeded, as determined by the Administrator;
(12) within 4 feet of the door of any building measured in a line perpendicular from the horizontal line made by the door when closed;
(13) so as to create an imminent danger of harm to persons or property as demonstrated by specific facts;
(14) directly abutting a public flower bed, memorial or sculpture;
(15) if it is attached to a Town-owned tree, traffic control signal device, or police or fire call box;
(16) directly in front of and on the same side of the street as any parcel zoned solely for residential use as defined in the Town of Belmont Zoning By-Law. This restriction shall not apply to parcels zoned for a mixed residential and business use;
(17) within a public transportation shelter;
(18) in a manner that violates any provision of state or federal law.
27.4.2 Newsracks may be secured to one another provided that they are no more than six inches apart and provided that the newsracks are aligned in a row that is parallel to the nearest curb line. Individual newsracks shall be installed parallel to the nearest curb line. News racks may be clustered back-to-back to form two rows provided that the rows are parallel to the nearest curb line and further provided that the newsracks otherwise comply with the provisions of this By-Law.
27.4.3 Newsracks may only be attached or secured to Town-owned property with the express permission of the Administrator and then, only if the newsrack is otherwise in compliance with the provision of this By-Law.
27.4.4 Newsracks shall not exceed the following dimensional requirements: Height: 4 1/2 feet from the ground; Width: 2 feet; Length: 2 feet. Newsracks shall be erected and maintained so that they do not constitute a hazard or safety problem for travelers and others using the sidewalks and public ways. They shall be maintained in good repair and clean and safe condition and shall be removed if their use is discontinued.
27.4.5 No newsrack shall bear any advertising other than that directly relating to the printed matter dispensed by the newsrack. A newsrack may dispense more than one publication (printed matter) if it is published by the owner of the news rack or an affiliate thereof and the newsrack may bear advertising directly related to each publication dispensed by the newsrack.
27.5.1 No person shall place, cause to be placed or maintain a newsrack upon any sidewalk or public way in the Town or upon any other Town-owned property in violation of the provisions of this By-Law. In the event that a newsrack is determined to be in violation of any of the provisions of this By-Law:
(i) the Administrator shall provide written and/or telephone notice to the owner or the owner’s agent that the newsrack is in violation of this By-Law. Such notice shall state the substance of the violation and shall set a date for compliance which shall not be less than 10 business days after the date notice is given; and
(ii) if the Administrator determines that the violation has not been corrected on or after the date for compliance, the Administrator may initiate removal proceedings in accordance with the provisions of Section 27.5.2 and may assess a fine in accordance with provisions of Section 27.6.
(iii) Notice in writing will be deemed to have been given if actually received by the owner or owner’s agent or if mailed to the owner or owner’s agent at the address indicated on the latest permit application form or latest amendment application form on file with the Administrator, provided that, if notice is given by mail, the effective date of notice will be two business days after the date of mailing. If, notwithstanding this By-Law, no permit application shall have been filed with the Administrator, then notice may be given by attaching the notice to the newsrack determined to be in violation of this By-Law in such manner as the Administrator determines.
27.5.2 Except as provided in Sections 25.5.4 and 27.5.5, the Administrator may remove and store at the owner’s expense any newsrack that remains in violation for more than 30 days after the date for compliance specified in Section 27.5.1 provided that the Administrator shall give written notice of removal to the owner stating the date the newsrack was removed; the reasons for removal; the storage location; and the procedure for claiming the machine.
27.5.3 Except as provided in Sections 27.5.4 and 27.5.5, the owner of any newsrack may avoid removal of the newsrack by:
(i) correcting the violation and so informing the Administrator, or
(ii) by making a written request for a hearing on the violation before the Administrator prior to the date set for compliance in which case the newsrack may remain in place pending the Administrator’s decision on the matter. Said hearing shall be held no later than 10 days after receipt of a written request for a hearing and a decision shall be rendered within 10 days thereafter.
27.5.4 Notwithstanding any other provisions of this By-Law, if the Administrator or a public safety official determines that a newsrack constitutes an imminent danger of harm to persons or property, the Administrator or a public safety official may remove the newsrack provided that the owner of the newsrack shall be notified of such removal and provided that the newsrack shall be stored for a reasonable period of time so that the owner can retrieve it.
27.5.5 If maintenance, repair, or construction of a public way, sidewalk or public or private property in or adjacent to the public way cannot be accomplished without the removal of a newsrack, the Administrator shall give written and/or telephone notice to the newsrack’s owner ordering removal of the newsrack provided that said notice shall specify the reason for the removal and the date for compliance which shall not be less than 10 days after the date of notice. If the Administrator determines that delay would cause an unreasonable risk of harm to persons or property or would cause a delay in the maintenance, repair or construction work, the Administrator may remove the newsrack, provided that the owner of the newsrack shall be notified of the removal; that the newsrack shall be stored for a reasonable period of time
so that the owner can retrieve it and further provided that the owner may replace the newsrack when said maintenance, repair or construction is completed.
27.5.6 The Administrator, with the approval of the Board of Selectmen, is authorized to establish fees for the removal and storage of newsracks that are removed at the direction of the Administrator or public safety officials in accordance with provisions of this By-Law provided that said fees do not exceed the actual cost of removal and storage.
27.5.7 If a newsrack remains unclaimed for more than 60 days after notice of removal is sent to the owner or for more than 60 days after the newsrack is removed if the owner is unknown, then possession of the newsrack shall be transferred to the police department and the newsrack shall be disposed of as unclaimed property in accordance with applicable law.
27.6.1 In the event that a newsrack is not in compliance with any of the provisions of this By-Law as of the date set for compliance under Section 27.5.1 of this By-Law, then the owner of such newsrack shall be subject to a fine of $25.00 per day for each day of non-compliance until the date the violations are corrected or the newsrack is removed.
27.6.2 The non-criminal disposition of violations of this Article 27 or any rule or regulation of the Board of Selectmen adopted hereunder is hereby authorized in accordance with the provisions of Chapter 40, Section 21D, of the General Laws (“Section 21D”).
27.6.3 The “enforcing person” as used in this Article 27 shall mean any police officer of the Town, the Administrator and any representative or designee of the Administrator and any other Town employee designated by the Board of Selectmen as an enforcing person.
27.6.4 An enforcing person taking cognizance of a violation of this Article 27 or any rule or regulation of the Board of Selectmen adopted hereunder shall give the offender a written notice to appear before the clerk of the district court having jurisdiction thereof for the non-criminal disposition thereof in accordance with Section 21D. The provisions of Section 21D are incorporated herein by reference.
27.7 The provisions of this By-Law are severable. If any provision of this By-Law is held to be invalid, such invalidity shall not affect the other provisions of this By-Law which shall remain valid.
Articles 27.3.8 to 27.7 inserted at April 23, 2001, Annual Town Meeting. Approved by Attorney General Tom Reilly on August 24,2001.
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