Current through Register Vol. 56, No. 14, July 15, 2024
(a) News dispensers
may be placed adjacent to the wall of a building but shall not be separated
from such wall by more than six inches. Unless otherwise prohibited in this
section, news dispensers may be placed within one and one-half feet of a
gutterline or within one foot thereof in areas where the distance from the
gutterline to the far edge of the sidewalk is less than six and one-half feet
wide.
(b) Placement of news
dispensers within the State highway right-of-way is prohibited in the following
locations:
1. Within the traveled way,
shoulders, acceleration or deceleration lanes of any State highway;
2. Within medians, jug handles, channelizing
islands and along ramps;
3. Within
three feet of any marked crosswalk;
4. Within the curved portion of a curb return
(from point of tangency to point of tangency), as illustrated in the diagram
below, except that news dispensers may be placed adjacent to the wall of a
building as set forth in (a) above notwithstanding this paragraph;
Data in
image
5. Within
five feet of any fire hydrant, fire call box, police call box, or other
emergency facility;
6. Within three
feet of any driveway;
7. Within 10
feet to the rear of any sign or other demarcation marking the beginning of a
designated bus stop as illustrated in the diagram below;
Data in
image
8. Within
three feet of any bus bench, except where such bench is within a bus shelter,
in which event this restriction shall not apply provided that the news
dispenser is not placed within such bus shelter;
9. Within the public sidewalk curb ramp
designed to accommodate persons with disabilities;
10. Where the placement of the news dispenser
would reduce the width of the sidewalk to less than three feet; and
11. Where the speed limit is 45 mph or above,
placement of news dispensers is prohibited within the clear zone, subject to
the following exceptions:
i. News dispensers
shall be permitted within the clear zone in close proximity to fixed objects
which might operate to impede the safe recovery of errant vehicles to the
traveled way, or bus shelters, but shall be no closer to the traveled way than
said fixed object or bus shelter. For the limited purpose of this exception,
clusters or rows of a maximum of three news dispensers positioned adjacent to
one another are permissible, provided that at least one of the aforesaid news
dispensers in each row or cluster be at least partially within five feet of the
aforesaid object. As to bus shelters only, there shall be no restrictions
placed upon the number of news dispensers permitted within close proximity
thereto, provided they be positioned adjacent to one another and provided that
at least one of the aforesaid news dispensers be within five feet of the bus
shelter.
ii. Even where there are
no fixed objects which might operate to impede the safe recovery of errant
vehicles, news dispensers shall be permitted within the clear zone where there
are sidewalks or walkways, but shall be placed on the far side
thereof.
iii. News dispensers shall
be permitted within the clear zone on the near side of a sidewalk or walkway,
or in the grassy area, as close to the sidewalk or walkway as practicable, but
only where it is not practicable to be on the far side of the sidewalk or
walkway or in close proximity to a fixed object.
iv. News dispensers shall be permitted in
areas within the clear zone where there are no fixed objects which might
operate to impede the safe recovery of an errant vehicle to the traveled way,
sidewalks or walkways but only in areas where pedestrians gather for other
purposes. These areas include bus stops and park and ride facilities. Placement
of a news dispenser pursuant to this exception shall be at least seven and one
half feet away from the gutterline where practicable and shall be placed to
service only the area where pedestrians gather.
v. Circumstances referred to in (b)11iii and
iv above which will render placement of news dispensers not "practicable"
include, for example, where news dispensers would encroach upon private
property, block display windows, or where there are unacceptable ground
conditions, such as a ditch, which prevent the placement of or access to a news
dispenser.
(c) Any news dispenser which in whole or in
part rests upon, in, or over the State highway right-of-way shall comply with
the following standards:
1. Unless otherwise
agreed to by the Department, news dispensers shall not exceed five feet in
height, 36 inches in width, or 30 inches in depth;
2. News dispensers may be chained or
otherwise attached to one another; however, no more than three news dispensers
may be joined together in this manner, and a space of no less than 18 inches
shall separate each group of three news dispensers so attached.
3. No news dispenser shall be used for
advertising signs or publicity purposes other than that dealing with the
display, sale, or purchase of a newspaper or periodical sold therein.
4. Every news dispenser placed on the State
highway right-of-way shall have affixed thereto in a place where such
information may be easily seen, the name, address, and telephone number of the
owner and person (if different from the owner) responsible for maintaining the
news dispenser.
5. Any news
dispenser maintained on any State right-of-way which creates an imminent,
unreasonable hazard to pedestrians or traffic or interferes with the response
to an emergency situation by a public officer, fire fighter, ambulance corps or
medic, may be summarily relocated to the nearest location not presenting said
hazard. Any such relocation shall be reported as soon as reasonably possible to
the owner of the news dispenser who shall relocate the news dispenser to any
location which is in compliance with the terms of this chapter.
6. Unless otherwise approved by the
Department, no news dispenser shall be chained, bolted or otherwise attached to
any public fixture located within the State highway right-of-way, including,
but not limited to, official signs, sign supports, guide rails, traffic signal
supports, highway lighting supports, controller boxes, fire hydrants or bus
shelters.
7. News dispensers shall
be securely placed so as to reasonably prevent personal injury or property
damage due to tilting, tipping or overturning.
8. Every news dispenser shall be maintained
so that:
i. It is reasonably free of dirt and
grease;
ii. It is reasonably free
of chipped, faded, peeling and cracked paint;
iii. It is reasonably free of rust and
corrosion; and
iv. The structural
parts thereof are intact.