§ 2-08 Newsracks.
RCNY § 2-08
(a)Definitions. For purposes of this section, the following terms shall have the following meanings: (1) Newsrack. "Newsrack" shall mean any self-service or coin-operated box, container or other dispenser installed, used or maintained for the display, sale or distribution of newspapers or other written matter to the general public.
(2)Person. "Person" shall mean a natural person, partnership, corporation, limited liability company or other association.
(3)Sidewalk. "Sidewalk" shall mean that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines, but not including the curb, intended for the use of pedestrians.
(4)Crosswalk. "Crosswalk" shall mean that part of a roadway, whether marked or unmarked, which is included within the extension of the sidewalk lines between opposite sides of the roadway at an intersection.
(5)Crosswalk area. "Crosswalk area" shall mean that area of the sidewalk bounded by the extension of the lines of a crosswalk onto the sidewalk up to the building or property line.
(6)Corner area. "Corner area" shall mean that area of a sidewalk encompassed by the extension of the building lines to the curb on each corner.
(7)Board. "Board" shall mean the environmental control board of the city of New York.
(8)Multiple-vending newsrack. A newsrack designed to hold two or more different publications.
(9)Owner. When applied to newsracks, "owner" shall mean a person who owns or is in control of one or more newsracks placed, installed or maintained on a sidewalk. Each newsrack shall have a single owner for purposes of complying with this section and the provisions of § 19-128.1 of the New York City Administrative Code.
(b)Placement.
(1)Manner.
(i)Newsracks shall be weighted down on all sidewalks in such a way as to insure that the newsrack cannot be tipped over.
(ii)Newsracks shall not be bolted to the sidewalk, except that multiple-vending newsracks may be bolted pursuant to a permit from the Department, except as provided in paragraph 2 of this subdivision b.
(iii)A newsrack may not be chained to property owned or maintained by the city, except that newsracks may be chained to lampposts (except for decorative lampposts). A newsrack so chained must not be in an unlawful location as specified in subdivision (c) of this section. To the extent an owner seeks to chain such newsrack to property not owned or maintained by the city, the consent of the owner of or person responsible for such property is required. In all cases where the use of chains to secure newsracks is permitted, such chains shall be made of galvanized steel with a plastic or rubber protective coating, at least 0.14 inches thick, and shall allow a distance of no more than eight (8) inches between the newsrack and the street furniture to which it is chained.
(iv)If the number of newsracks owned or controlled by an owner increases or decreases by ten (10) percent or more of the number of newsracks that have been included in the most recent notification required to be submitted by such owner, such owner shall also be required to submit the information in clauses (A), (B), and (C) of subparagraph (i) of this paragraph within seven (7) days of such change.
(v)An owner shall advise the Department of any change in his, her or its name, address, telephone number, or email address within seven (7) days of such change including any changes to the Certificate of Incorporation or Application for Authority to do business in New York State.
(c)Unlawful locations. No owner shall install, use or maintain any newsrack in any of the following locations: (1) within fifteen (15) feet of any fire hydrant; (2) in any driveway or within five (5) feet of any driveway; (3) in any curb cut designed to facilitate street access by disabled persons or within two feet of any such curb cut; (4) within fifteen (15) feet of the entrance or exit of any railway station or subway station, except that a newsrack that otherwise complies with this subdivision may be placed against the rear of the station entrance or exit, but not against the sides; (5) within any bus stop; (6) within a crosswalk area; (7) within a corner area or within five (5) feet of any corner area; (8) on any surface where such installation or maintenance will cause damage to or interference with the use of any pipes, vault areas, telephone or electrical cables or other similar locations; (9) on any cellar door, grating, utility maintenance cover or other similar locations; (10) on, in or over any part of the roadway of any public street; (11) unless eight (8) feet of sidewalk width is preserved for unobstructed pedestrian passage; (12) in any park or on any sidewalk immediately contiguous to a park where such sidewalk is an integral part of the park design; (13) on any area of lawn, flowers, shrubs, trees or other landscaping or in such a manner that use of the newsrack would cause damage to such landscaping; (14) where such placement, installation or maintenance endangers the safety of persons or property; (15) at any distance less than eighteen (18) inches or more than twenty-four (24) inches from the face of the curb, measured to the side of the newsrack closest to the curb (This paragraph shall not apply to a newsrack placed against the rear of the entrance or exit of a subway or railway as provided in paragraph 4, above.); (16) within five (5) feet of a canopy; and (17) within fifteen (15) feet of a sidewalk newsstand.
(d)Size, shape and appearance.
(e)Maintenance. The owner shall be responsible for the following: (1) Certification. The owner shall certify to the commissioner on forms prescribed by the commissioner that each newsrack has been repainted, or that best efforts have been made to remove graffiti and other unauthorized writing, painting, drawing or other markings or inscriptions, at least once during the immediately preceding four (4) month period. Such certification shall be submitted on January 15, May 15 and September 15 of each year for the four (4) month period ending on the last day of the preceding month. A separate certification form shall be submitted for the newsracks dispensing a particular publication.
(f)Indemnification and insurance.
(g)Violations and removal. Violations of the provisions of § 19-128.1 of the Administrative Code or these rules shall be enforced and the newsracks shall be removed by the Commissioner pursuant to provisions of subdivision f of such § 19-128.1 and any other applicable provisions of law. The City shall charge the owner for the cost of removal and storage. The charge for removal shall be $50 per newsrack. The storage charge shall be $1.40 per newsrack per day.
(h)Notices. All notices of violation required to be served on the owner pursuant to these rules or § 19-128.1 of the Administrative Code shall be served as required by law. Notices of correction shall be served upon the address provided pursuant to the registration provisions in these rules. In the absence of the required registration information, service shall be made on the entity identified on the newsrack or in the publication found in the newsrack. (Amended City Record 7/8/2016, eff. 8/7/2016)
