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HomeMy WebLinkAboutWD-38-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON XXXK-KX(X(IRR(IRKIMUMXKRXIDXNKODKXDMD=XXXX REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE F i I e Date: SEPTEMBER 20, 1993 R e s. # C/ Report#: File #: _2BAID—.12 By-Law# Subject: CONTROLS ON THE PLACEMENT OF NEWSPAPER VENDING BOXES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-38-93 be received; 2 . THAT the Region of Durham be advised that the Municipality is agreeable to the Regional Policy to support local municipal by-laws to control the placement of newspaper vending boxes within Regional road rights-of-way subject to the Region's approval of the locations and to the Region being listed as an additional named insured with the Municipality of Clarington; 3. THAT the Municipality of Clarington continue to control the placement of newspaper service boxes with the existing Road Occupancy By-law 83-57; 4 . THAT the Director of Public Works forward letters to the newspaper service box distributors advising them of the new Regional Policy and the requirement to submit new applications for boxes placed on Regional roads; and 5 . THAT the Region of Durham be advised of Council's decision. J 1115 11'EFFI-11 ELGYCLED PA FIER REPORT NO. : WD-38-93 PAGE 2 REPORT 1.0 ATTACHMENTS No. 1: Regional Policy on placement of newspaper vending boxes No. 2: City of Oshawa By-law #5-93 No. 3: Municipality of Clarington Guidelines 2.0 BACKGROUND 2 . 1 At a meeting held on June 28, 1993, the Council of the Town of Newcastle passed the following Resolution #C-465-93: i "THAT the correspondence dated June 17, 1993, from C. W. Lundy, Regional Clerk, Regional Municipality of Durham, regarding Regional Policy Support Local Municipal By-law to Control the Placement of Newspaper Vending Boxes Within Regional Road Rights of Way, be received; THAT the correspondence be referred to the - - Director of .Public -Works for- review and preparation of a report to be submitted to the General Purpose and Administration Committee; and I ! THAT C. W. Lundy be advised of Council's decision. " 3.0 REVIEW AND COMMENT 3. 1 During February of 1992 the Town of Newcastle Public Works Department and By-law Enforcement Office in co-operation with distributors of newspaper vending boxes, developed and implemented a "Policy and Procedures Booklet with Guidelines for Placement of Newspaper Service Boxes" . This process began after complaints of newspaper service boxes being chained to REPORT NO. : WD-38-93 PAGE 3 stop signs causing both sight obstructions and temporary traffic congestion. 3.2 The booklet dated February 27, 1992, detailed the Director of Public Works ' requirements for the placement of newspaper service boxes as conditions required to obtain a Road Occupancy Permit, under Road Occupancy By-law 83-57 . This comprehensive package included: a) Responsibilities of the Town and the newspaper service box distributors; b) Who to contact for information; c) Application for Road Occupancy process; d) Acceptable locations; and e) Procedure for resolving problems . 3. 3 The Regional Policy states:--- "That the local municipal authority be permitted to control the placement of newspaper vending boxes on the Regional Roads as well as the local streets subject to the conditions of the proposed Regional Policy" . This allows the municipality to licence, construct and administer newspaper vending box locations and pads on Regional Roads in accordance with local municipal by-law guidelines . However, the Region must still approve the locations and be listed as an additional named insured with the Municipality of Clarington. i t REPORT NO. : WD-38-93 PAGE 4 3 .4 The Municipality of Clarington "Guidelines for the Placement of Newspaper Service Boxes" (Attachment No. 3) , although originally modeled after the City of Oshawa By-law (Attachment No. 2) , is in fact more detailed and should not be altered at this time. The Oshawa By-law has stipulated fees and concrete pads which Clarington Public Works does not feel is required at this time. 3 .5 Letters must be sent to the newspaper distributors advising them of the changes to Regional policy and requesting that they submit additional applications to cover Regional roads and that the Region of Durham be added to their general liability insurance as an additional named insured. i 4.0 CONCLUSIONS AND RECOMMENDATIONS 4 . 1 From the above, it is concluded that newspaper service box locations should be controlled on Regional roads similar to local roads to improve public safety and interests . It is therefore recommended that the Municipality agree to administer the application process for Regional roads in conjunction with the local streets subject to the Region's approval of the locations and to the Region being listed as an additional named insured with the Municipality of Clarington. i Respectfully submitted, i f � I Walter A. Evans, P.Eng. , Director of Public Works WAE*RDB*ph September 8, 1993 Attachments pc: C. W. Lundy, Regional Clerk Regional Municipality of Durham 105 Consumers Drive Whitby, Ontario L1N 6A3 Regional Municipality of Durham Works Department Commissioner's Report to Works Committee Report 93-W-81 Date June 1 1993 Subject REPORT ON CORRESPONDENCE WC-12-93 (CC #93-59) ON PROPOSED REGIONAL POLICY TO SUPPORT LOCAL MUNICIPAL BY-LAWS TO CONTROL THE PLACEMENT OF NEWSPAPER VENDING BOXES WITHIN REGIONAL ROAD RIGHTS OF WAY Recommendation A. THAT the Region of Durham adopt the attached policy to support the local Area Municipalities ' controls on the placement of newspaper vending boxes within the public rights of way; B. THAT copies of this report be forwarded to the City of Oshawa and the Clerks of all other Area Municipalities . Report Attachment No. 1 - Proposed Regional Policy on Placement of Newspaper Vending Boxes Attachment No. 2 - Oshawa By-law #5-93 The City of Oshawa has recently passed a newspaper vending box control by-law #5-93 (see Attachment No. 2 ) , which defines the terms under which the publishers of various newspapers may place vending boxes on the public streets within a "Central Newspaper Vending Box Control Area" Within this central control area, there are Regional Roads as well as local streets . There has been considerable dialogue between City and Regional staff as to how best to control the placement of newspaper vending boxes on Regional Roads . Based on discussions with the Regional solicitor' s office, it was felt that development of a Regional policy on this matter would best serve the Region's interest with respect to insurance coverage, control of placement, approvals and liability. Accordingly, it is recommended that the local municipal authority be permitted to control the placement of newspaper vending boxes on the Regional Roads as well as the local streets , subject to the conditions of the attached proposed Regional Policy. It is further recommended that any other Area Municipalities , wishing to control the placement of newspaper vending boxes within their respective jurisdictions, use the Oshawa By-law s a model . V.A. Silgaili P. Eng . Commissioner f Works Recommended for Presentation to Committee ATTACH NT N0. 1 WD-38-93 G. itt, M. S .W. T4 t , ATTACHMENT NO. 1 PROPOSED REGIONAL POLICY FOR THE PLACEMENT OF NEWSPAPER VENDING BOXES a) General Permission That the local Area Municipalities be permitted to licence, construct and administer newspaper vending box locations/pads on Regional roads within their respective municipalities in accordance with their respective newspaper vending box control by-laws . b) Location Approval That the local Area Municipalities submit a location plan to the Region of Durham of any proposed newspaper vending box locations on Regional roads for location approval. Contingent upon the circumstances, the Region is under no obligation to grant such approval . c) Removal That upon thirty (30) days written notice to the local Area Municipality the Region of Durham may remove, with no recompense to either the publisher or to the local Municipality, all or any part of the newspaper vending box pads that the Region deems necessary. In addition, the Region is under no obligation to replace said newspaper vending box pads . d) Liability Insurance That the Region of Durham must be an additional named insured in the publishers ' general liability insurance, terms and conditions to be the same as those stipulated in the local Area Municipal bylaw for those locations that fall within the Regional rights of way. Proof of such insurance must accompany the submission for "Location Approval" . j i I i 55`1 i A77 Ac N 4c,,i T We ?� BY-LAW NUMBER 5-93 OF THE CORPORATION OF THE CITY OF OSHAWA being a by-law to provide for the regulation of newspaper vending boxes upon highways in the City of Oshawa. WHEREAS paragraph 232(5) of the Municipal Act, R.S.O. 1990, c.M.45, authorizes a Municipality to license, regulate and govern persons selling newspapers and magazines upon any highway; AND WHEREAS paragraph 308(3) of the Municipal Act, R.S.O. 1990, c.K45, authorizes a Municipality to regulate the placement and use of objects on any highway,as well as charge a fee for such use; BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corporation of the City of Oshawa by the Council thereof as follows: 1. DEFINITIONS: In this by-law, (a) "CENTRAL NEWSPAPER VENDING BOX CONTROL AREA" means _ that part of the City of Oshawa which is described as follows: All that portion of the City which is contained within the following boundary: to the north by Brock Streets East and West as follows: from a point in the eastern bank of the Oshawa Creek which intersects an imaginary extension of the north boundary of Brock Street West, following the north boundary of Brock Street West in an easterly direction to the point where it crosses Simcoe Street North and becomes Brock Street East, and continuing along the north boundary of Brock Street East in an easterly direction to its intersection with the east boundary of Division Street; to the east and south by Division,Ring,Charles,Bruce and Albert Streets as follows: — w4 ATTACHMENT N0. 2 �? + 2 WD-38-93 -2- from the point of intersection of the north boundary of Brock Street East and the east boundary of Division Street, in a southerly direction along the east boundary of Division Street to the point where it intersects the south boundary of King Street East; following the south boundary of King Street East in a westerly direction to the point where it intersects the east boundary of Charles Street; following the east boundary of Charles Street in a southerly direction to the point where it intersects the south boundary of Bruce Street; following the south boundary of Bruce Street in a westerly direction to the point where it intersects the east boundary of Albert Street; following the east boundary of Albert Street in a southerly direction to the point where it intersects the south boundary of John Street East; to the south by John Streets East and West as follows: from the point where the east boundary of Albert Street intersects the south boundary of John Street East,along the south boundary of John Street East in a westerly direction to the point where it crosses Simcoe Street South and becomes John Street West, and continuing along the south boundary of John Street West in a westerly direction to the point where the southern limit of the John Street West bridge over the Oshawa Creek intersects a vertical extension of the east bank of the Oshawa Creek; and to the west by the east bank of the Oshawa Creek as follows: from the point in the east bank of the Oshawa Creek where a vertical plumb line dropped from the southern limit of the John Street West bridge intersects it, following the east bank of the Oshawa Creek in a northerly direction to a point in the east bank of the Oshawa Creek where it intersects with an imaginary extension of the north boundary of Brock Street West. Schedule "A" to this by-law is a map illustrating'the boundaries described in this section. 3 (b) "CITY"means The Corporation of the City of Oshawa; (c) "DIRECTOR." means the Director of Public Works of The Corporation of the City of Oshawa,or his designate; (d) "NEWSPAPER VENDING BOX" means a box or device that, upon the deposit of one or more coins, or at no charge, whether attended or unattended, distributes a publication containing news, current events, feature articles and/or advertising; (e) "PERMIT"means a document as Issued.by the DIRECTOR, to authorize the placement of one or more NEWSPAPER VENDING BOXES upon a HIGHWAY; (f) "PERSON"includes an individual,a sole proprietorship,a partnership,an unincorporated association, a trust, a body corporate, and a natural person; (g) "PUBLISHER" means a PERSON which owns or operates, directly or indirectly,the NEWSPAPER VENDING BOX; (h) "REGION"means The Regional Municipality of Durham; (I) In addition to the foregoing, all capitalized terms not otherwise defined herein shall have the meanings ascribed thereto by the Corporation of the City of Oshawa By-law 115-82 or the Highway Traffic Act. 2. APPLICATION: A PUBLISHER seeking a PERMIT to place NEWSPAPER VENDING BOXES upon a HIGHWAY shall apply to the DIRECTOR by completing the application form, which may be amended from time to time, annexed as Schedule"B"to this by-law. 3. PERMIT: A PERMIT granted pursuant to this by-law shall expire at the end of the calendar year for which It was granted. A PUBLISHER shall then reapply to the CITY for a PERMIT for each subsequent year, and provide a current list containing the location of each NEWSPAPER VENDING BOX located upon a HIGHWAY. In addition,a PUBLISHER shall notify the CITY of fl �J 1 4 any subsequent changes made to the original list of NEWSPAPER VENDING BOXES durine the calendar year for which the PERMIT has been granted. • 4 - Each PUBLISHER will be allowed a one-time,three(3)month trial period prior to establishing a permanent location for a NEWSPAPER VENDING BOX. Where the PUBLISHER seeks a PERMIT to locate a NEWSPAPER VENDING BOX upon a HIGHWAY which is under the jurisdiction of a governmental authority which is not the CITY, the PUBLISHER shall submit, in addition to the documentation required by this section,the written approval of the relevant governmental authority. 4. FEE: City Council shall establish a fee per NEWSPAPER VENDING BOX which may be adjusted from time to time by a resolution of City Council, to be paid by the PUBLISHER,at the time the PERMIT is granted. 5. INSURANCE: The PUBLISHER shall maintain general liability insurance in the amount of$1,000,000.00 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof, which insurance shall indemnify the CITY against all claims which may arise or be made against it by reason of the placing of any NEWSPAPER VENDING BOX(ES) under the authority of this by-law. The policy must indicate the CITY as an additional named insured and contain a clause requiring the insurance company to provide advance written notice to the CITY in the event of any amendment to, lapse or cancellation of the policy. Failure to maintain general liability INSURANCE will void any PERMIT issued under provisions of this by-law. 6. NEWSPAPER VENDING BOX MOUNTING PAD: It shall constitute an offence for a PUBLISHER to fail to anchor, in an approved manner, an authorized NEWSPAPER VENDING BOX to a concrete pad,or other approved surface by October 31st of the permit year. V a NEWSPAPER VENDING BOX Is removed, it shall constitute an offence for a PUBLISHER not to remove any unused concrete pad or other surface,and to restore the site to the satisfaction of the DIRECTOR. If the required restoration is not completed to the satisfaction of the DIRECTOR,the CITY will complete the restoration at the expense of the PUBLISHER. The CITY will, at the request of the PUBLISHER, install a NEWSPAPER VENDING BOX mounting pad or carry out any site restoration associated with the removal of a mounting pad at the expense of the PUBLISHER, 7. ADVERTISING: Any advertising display material placed upon a NEWSPAPER. VENDING BOX shall ha in nernrrInnrw w;tt, 41,.. ­;ft- -5• regulations and standards as set by the Canadian Advertising Foundation and such material shall be of a moral and reputable standard as determined by the City in its sole discretion. In the event that the City objects to any advertising display material,the PUBLISHER agrees to remove the same within 48 hours. 8. RECYCLED PAPER CONTENT: It shall constitute an offence for a PUBLISHER to fail to provide a 50 percent recycled paper content in the publication, when the CITY, in consultation with the PUBLISHERS, has determined that sufficient quantities of this paper is available. 9. NUMBER OF BOXES: It shall constitute an offence for a PUBLISHERS)to place, or permit to be placed, more than four (4) NEWSPAPER VENDING BOXES in any one location. In suitable locations, additional NEWSPAPER VENDING BOXES may be permitted at the discretion of the DIRECTOR. 10. PLACEMENT OFFENCES: It shall constitute an offence for a PUBLISHER to place a NEWSPAPER VENDING BOX(ES): (a) upon a HIGHWAY without a PERMIT (b) in such a position so as to create: (i) a visual obstruction for either a PEDESTRIAN or an operator of a VEHICLE; (ii) a safety hazard; (iii) a physical obstruction for a PEDESTRIAN or for a VEHICLE; (c) in such a position so as to interfere with: (i) the ordinary ingress and egress of any PERSON to a bus at any I authorized BUS STOP; (ii) the ordinary ingress and egress of any PERSON to a residence or a place of business;or l ! (iii) the maintenance of the HIGHWAY by the CITY or the REGION, including the clearing or removing of ice or snow; -s- (d) in a position adjacent to residential property abutting the HIGHWAY that has a building containing six dwelling units or less, without the written consent of the owner of the building,a copy of which is riled with the CITY; (e) in a position that is less than: (1) 30 metres from a PEDESTRIAN CROSSOVER; (ii) 100 metres from another NEWSPAPER VENDING BOX site except that within the CENTRAL NEWSPAPER VENDING BOX CONTROL AREA NEWSPAPER VENDING BOX sites may be created and maintained at a lesser distance on diagonally opposite corners of an intersection provided such sites are by linear measure at least 100 metres distant from any other NEWSPAPER VENDING BOX site. (iii) 10 metres from the intersection of two HIGHWAYS,measured from the face of the curb or, in the absence of a curb, from the edge of the ROADWAY; (iv) 100 metres from a school zone;or (f) on the median strip of any HIGHWAY; (g) in such a position that it decreases the unobstructed width of a SIDEWALK to less than 2 metres; (h) In such a position that it is affixed to; (i) any traffic control device; (ii) any bus shelter,telephone booth,mail box,or bench; (iii) any street name sign pole or other post or pole or equipment maintained by the CITY,the REGION,Ontario Hydro,Bell Canada, or any other agency authorized by the road authority to maintain equipment on,over,or under the HIGHWAY;or _ - 61p j l l (iv) any tree. 11. MAINTENANCE OFFENCE: It shall constitute an offence for a PUBLISHER to fail to maintain: (a) The PUBLISHER'S NEWSPAPER VENDING BOX(ES) in a clean, rust-free,sanitary,and safe condition;and (b) the area adjacent to the NEWSPAPER VENDING BOX in a clean and refuse-free condition,without depositing litter and surplus publications in a municipal waste receptacle located on a HIGHWAY. 12. DAMAGE TO HIGHWAY: In the event the HIGHWAY upon which any NEWSPAPER VENDING BOX is situated becomes eroded or defaced due to the placement of the NEWSPAPER VENDING BOX,it shall constitute an offence for a PUBLISHER, where written notice has been given, not to restore the HIGHWAY, including any necessary resodding, at the PUBLISHER'S own expense. In the event the area is occupied by more than one PUBLISHER'S NEWSPAPER VENDING BOX, the cost of restoration shall be equally proportioned among the PUBLISHERS. If the required restoration is not completed to the satisfaction of the DIRECTOR, the CITY may, in addition to any other penalties,complete the restoration. The payment of associated CITY costs in this regard may be enforced in like manner against the PUBLISHER as taxes that are due and payable pursuant to sub-paragraphs 308(3)(a)and(b)of the Municipal Act, R.S.O. 1990, c.M.45, as amended from time to time, including successor legislation. 13. EASEMENT: The CITY, the REGION, Ontario Hydro, Bell Canada, or any other agency authorized by the road authority to maintain equipment on,over, or under the HIGHWAY may have occasion to enter on the portion of the HIGHWAY upon which a NEWSPAPER VENDING BOX Is situated pursuant to the provisions of this by-law, for installation and maintenance of their facilities. In the event that any NEWSPAPER VENDING BOX must be moved to provide for such entry, these agencies shall take reasonable care to protect such boxes, but shall not be held responsible for any damage to the NEWSPAPER VENDING BOX,its contents or mounting pad. 14. SEIZURE: When a NEWSPAPER VENDING BOX is placed on a HIGHWAY or on any other property owned by the CITY,contrary to the provisions of this by-law, the CITY may, in addition to any other penalties, and without prior notice,cause it to be moved or taken to and placed or stored in a suitable place and all costs and charg6s for removing,care and storage, if any,shall constitute 8 a lien upon the NEWSPAPER VENDING BOX enforceable pursuant to the Repair and Storage Liens Act, R.S.O. 1990, c.R.25, as amended from time to time, and any Regulations under that Act or successor legislation thereto. The PUBLISHER shall reimburse any expenses incurred by the CITY in this regard upon receipt of an invoice indicating the amount to be paid. 15. REVOCATION: Upon conviction of an offence pursuant to the provisions of this by-law, the PERMIT may be withdrawn without return of any applicable fees, in addition to any other penalty. The PERMIT may be withdrawn at any time without cause upon 30 days written notice to the PUBLISHER, at the address which appears on the permit,and the return of a prorated portion of the annual fee. 16. PENALTY: Every PUBLISHER who Is convicted of an offence pursuant to the provisions of this by-law shall be liable to a fine of not more than $5,000.00, exclusive of costs. 17. EFFECTIVE DATE: This by-law shall come into effect on the day of its passing by the Council of the City of Oshawa,excepting Section 6 which shall come into effect on October 31st,1994. By-law read a first time this 1st day of February 1993 By-law read a second time this 1st day of February 1993 By-law read a third time and finally passed this 1st day of February 1993 MAYOR CLERK SC118DULUA' ► 4 • N N • ■ « ] OUsit ' 11 � n *0000000of Atli 11 q nom~ F--U-1 n n LEGEND DIPAIIMTNT Of M U C WO M LIMITS Of CENTRAL 51" 01 01HAWA NEWSPAPER VENDIND /OX CENTRAL NEWSPAPER YENDING LOX CONTROL AREA CONTROL AREA DATlt Ili W'II• 2 1CA11 M.1.1 �TL: U � _ THE CORPORATION OF THE TOWN OF NEWCASTLE POLICY AND PROCEDURE WITH GUIDELINES FOR THE PLACEMENT OF NEWSPAPER SERVICE BOXES ON MUNICIPAL OR PUBLIC PROPERTY AS REQUIRED UNDER ROAD OCCUPANCY BY LAW 83-57 i i i ATTACHMENT N0. 3 PUBLIC WORKS DEPARTMENT WD-38-93 FEBRUARY 27, 1992 1 �i21 POLICY AND PROCEDURE WITH GUIDEIdNES FOR THE PLACE 112" OF NEWSPAPER SERVICE BORES IN THE CORPORATION OF THE TOWN OF NEWCASTLE TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . 2 The Corporation of The Town of Newcastle . . . . . . . . . . . 2 Newspaper Service Box Distributors . . . . . . . . . . . . . . . . . 2 WHO TO CONTACT FOR INFORMATION . . . . . . . . . . . . . . . . 3 On Municipal or Public Property Under the Jurisdiction of The Corporation of The Town of Newcastle . . . . 3 On Roadways Under The Jurisdiction of The Regional Municipality of Durham . . . . . . . . . . . . . . . . . . . 3 On Roadways Under the Jurisdiction of The Ministry of Transportation (M.T.O.) • . . , . . . . 3 On Private Property in Accordance With The Corporation of The Town of Newcastle Guidelines . . . . . . . . . . 3 APPLICATION PROCESS FOR THE CORPORATION OF THE TOWN OF NEWCASTLE . . . . . . . . . . . . . . . . . . . . . . . . 4 First Time Applicant 4 Subsequent Applications . . . . . . . . . . . . . . . . . . . . . . . . . 4 APPLICATION PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Acceptable Locations . . . . . . . . . . . . . . . . . . . . . . . . . 5 Unacceptable Locations . . . . . . . . . . . . . . . . . . . . . . . . . 5 PROCEDURE FOR RESOLVING PROBLEMS . . . . . . . . . . . . . . 6 FUTURE CONSIDERATIONS AND POSSIBLE CHANGES . . . . . 6 DOCUMENTS REQUIRED FOR APPLICATION ENCLOSED POLICY AND PROCEDURE WITH GUIDELINES FOR THE PLACEMENT OF NEWSPAPER SERVICE BOXES IN THE CORPORATION OF THE TOWN OF NEWCASTLE INTRODUCTION GUIDELINES FOR THE APPLICATION, PIACMENT OR RELOCATION OF NEWSPAPER SERVICE BOXES ON MUNICIPAL OR PUBLIC PROPERTY IN THE CORPORATION OF THE TOWN OF NEWCASTLE The Corporation of The Town of Newcastle Road Occupancy By-law 83- 57 states that.a Road Occupancy Permit is required from the Public Works Department for the placement of newspaper service boxes prior to their installation. Permits are mandatory to ensure locations have been inspected and placement of the newspaper service boxes will not endanger public safety or create a public nuisance. All Road Occupancy Permits and approvals are contingent upon the applicant producing and maintaining in full effect for as long as deemed necessary, the appropriate insurance (minimum One Million Dollars) indemnifying The Corporation of the Town of Newcastle from any liability, action or consequences which may occur or result from the occupancy. The Guidelines provided are to ensure compliance with By-law 83-57 and the Zoning By-law 84-63. Reference should be made to the following items: IV. APPLICATION PROCESS A. Acceptable Locations B. Unacceptable Locations Please review these guidelines, prepare a listing and map indicating the preferred locations, and submit the map, list and proof of insurance to the attention of Ron Baker, Traffic Co-ordinator, prior to April 1, 1992. A meeting will be scheduled to inspect the sites with you to grant approval or to discuss alternate locations. The issuance of permits is to be completed by May 1, 1992. Please note that, with a Road Occupancy Permit, The Corporation of The Town of Newcastle reserves the right to have a newspaper service box removed and/or relocated at an alternate approved location in the event that any placement is later deemed a public nuisance or hazardous to vehicular or pedestrian traffic. I POLICY AND PROCEDURE WITH GUIDELINES FOR THE PIACEM M OF NEWSPAPER SERVICE BORES IN.THE CORPORATION OF THE TOWN OF NEWCASTLE I. RESPONSIBuYn ES A. The Corporation of The Town of Newcastle 1. To ensure public safety for both pedestrians and motorists. 2. To ensure a safe and efficient traffic flow. 3. To respond to citizen's concerns. 4. To protect the Corporation from potential liability claims. 5. To provide assistance in the selection of newspaper box locations. 6. To approve safe and attractive locations. 7. To ensure that a Road Occupancy Permit has been issued and Schedule 1 is completed. 8. To initiate legal actions, including the removal of newspaper service boxes, if necessary. 9. To review the guidelines periodically and, where required, amend the guidelines, which amendments would be applied retroactively to all box locations. 10. To send a letter to the newspaper distributors on an annual basis as a reminder to update the current insurance policy and amendments to Schedule 1 of the Road Occupancy Permit, including removals, relocations, etcetera. B. Newspaper Service Box Distributors 1. To make application and obtain approval of a Road Occupancy Permit before placement of newspaper service boxes. 2. To submit, for approval, amendments to Schedule 1 of an existing Road Occupancy Permit for relocation or placement of additional newspaper service boxes. 3. To maintain insurance coverage. The Corporation of The Town of Newcastle must be named as insured in the amount of One Million Dollars ($1,000,000) for the placement of newspaper service boxes on municipal or public property. A copy of the required insurance must be provided annually. 4. To provide full co-operation with The Corporation of the Town of Newcastle and its citizens to resolve any dispute concerning newspaper service box placement. 5. To maintain newspaper service boxes in a good state of repair and appearance. 6. To secure newspaper service boxes either with cement footing or chains attached to a post, which must be driven into the ground. The applicant is required to obtain and provide proof of utility locate approvals. These locations must be identified on Schedule 1. 2_G POLICY AND PROCEDURE WITH GUIDELINES FOR THE PLACE1 KW OF NEWSPAPER SERVICE BORES IN THE CORPORATION OF THE TOWN OF NEWCASTLE H. WHO TO CONTACT FOR INFORMATION A. On Municipal or Public Property Under the Jurisdiction of The Corporation of The Town of Newcastle The Corporation of the Town of Newcastle Attention: Mr. Ron Baker, Traffic Co-ordinator Public Works Department 40 Temperance Street Bowmanville, Ontario L1C 3A6 Telephone: 263-2291 or 623-3379 Extension 247 Fax: 263-4433 B. On Roadways Under The Jurisdiction of The Regional Municipality of Durham The Regional Municipality of Durham Attention: Mr. Dave McMullen Traffic Operations Manager, Works Department Box 623 105 Consumers Drive Whitby, Ontario LIN 6A3 Telephone: 668-7721 Fax: 668-2051 C. On Roadways Under the Jurisdiction of The Ministry of Transportation (1VLT O) The Ministry of Transportation of Ontario Mr. Al Mustard or Mr. Bill Goodrich Corridor Management Office 138 Hope Street North, Box 150 Port Hope, Ontario L1A 3W3 Telephone: (416) 885-6381 Fax: (416) 885-1406 I D. On Private Property in Accordance With The Corporation of The Town of Newcastle Guidelines The appropriate land owner. I POLICY AND PROCEDURE WITH GUIDELINES FOR THE PIACEMENT OF NEWSPAPER SERVICE BORES IN THE CORPORATION OF THE TOWN OF NEWCASTLE III. APPLICATION PROCESS FOR THE CORPORATION OF THE TOWN OF NEWCASTLE A. First Time Applicant 1. The first time applicant should obtain the following from the Public Works Department: a. Application for placement of newspaper service boxes, Schedule 1; b. Guidelines for the placement of newspaper service boxes; C. Application for Road Occupancy; and d. Two maps to record locations. 2. Submit the completed Application for Road Occupancy Permit, Schedule 1, for placement of newspaper service boxes, marked map, copy of insurance certificate and utility locates, if required, to The Corporation of The Town of Newcastle Public Works Department. 3. The Traffic Co-ordinator will contact the newspaper distributor to schedule a site meeting to review the proposed locations and suggest alternate locations if required. A second site meeting may be required if utility locates indicate an unsafe location. 4. The Road Occupancy Permit will apply to all locations as approved on Schedule 1. B. Subsequent Applications 1. Newspaper distributors will be issued one (1) Road Occupancy Permit. Any subsequent amendments will be made to Schedule 1 which details each location and forms part of the permit. 2. To add, remove, relocate or secure a newspaper service box to the boulevard the applicant must: a. Complete Schedule 1, Application for Placement of Newspaper Service Boxes; and b. Submit same to the Public Works Department. 3. The Traffic Co-ordinator will contact the newspaper distributor to schedule a site meeting to review the proposed or revised locations, if required. A second site meeting may be required if utility locates indicate an unsafe location. i �� 26 POLICY AND PROCEDURE WITH GUIDELINES FOR THE PLACEMENT OF NEWSPAPER SERVICE BORES IN THE CORPORATION OF THE TOWN OF NEWCASTLE IV. APPLICATION PROCESS A. Acceptable Locations 1. Acceptable locations shown on Typical Newspaper Service Box Locations, Page 5 (a)• 2. On blind side of residential homes, at shared property line or at locations which would provide the least visual inconvenience for homeowners. 3. Facing sidewalk if one exists, to reduce damage to the boulevard. 4. At locations with curbs or a wide gravelled shoulder, to prevent damage to the boulevard. 5. Away from homes at open spaces, such as parkland or easements. 6. Near street lights but outside three (3) metre perimeter. r. 7. Well off the road allowance on private commercial property with parking facilities, with the owner's consent. B. Unacceptable Locations 1. Within three (3) metres of a fire hydrant, as this could interfere with emergency access. 2. Within three (3) metres of any utility pole, hydro transformer, sign post, post or tree (NO CHAINS), as this could interfere with maintenance operations. 3. Within twenty-five (25) metres of any curve, as this could create a safety hazard. 4. Within twenty-five'(25) metres of any intersection, as this could create a safety hazard. 5. Within thirty (30) metres of any pedestrian or school crosswalk, as this could create a safety hazard. 6. Within any sight triangle (ZONING BY-LAW 84-63). See illustrations attached (Page 5 (b)) or any other location which would obstruct the vision of drivers. I 7. Within any no stopping zone, as this could create a safety hazard. 8. Within one (1) metre of property lines, as this could interfere with homeowners. 9. Near the crest of any hill, as this could create a safety hazard. 10. At any location where stopped vehicles will cause traffic congestion or create a hazard. 11. At any location which interferes with pedestrian movement. 12. At locations near schools particularly with junior grades. i 5" I parkland, municipal easement sidewalk EzEg-mnimum 25.Om v E 1: parking • N preferred location E al o E �w E commercial cD building CL newspaper bo °- location (t pical as drive a i 0 CL — 511na' flankage si ewa stop sign minimum 25,0m alternate location preferred location property line i I Town of Newcastle Public Works Department FEB. 24, 1992 TYPICAL NEWSPAPER BOX LOCATIONS J ,rya S TREE T 7.5 m PROPERTY LINE SIGHT TRIANGLES (DAY LIGHTING TRIANGLE) Zoning By-law Section 3.20 On a corner lot.no building or structure (including fences, hedges, shrubs) which would obstruct the vision of drivers shall be permitted 4J in excess of 0.75 metres in height, within a 7.5 W metre triangle as shown. v W 3.Om o = W O E PROPERTY LINE 0 DR/VEWAY E __.. O M YARD REQUIREMENTS Zoning By-law Section 3.1 i(v) 3.Om Fences, freestanding walls, hedges, trees and shrubs are permitted, but in the use of a residential interior lot line, no structure (including a fence) , hedge or obstruction that is more than 0.75 metres in height is permitted within 3 metres of any street, where such structure will impede vision. Beyond this point, a maximum height of 1.8 metres is permitted. . E U-) ti PROPERTY LINE 7.5 m S TREE T - POLICY AND PROCEDURE WITH GUIDELINES FOR THE PLACEM ENT OF NEWSPAPER SERVICE BORES IN THE CORPORATION OF THE TOWN OF NEWCASTLE V. PROCEDURE FOR RESOLVING PROBLEMS A. Complaints will be forwarded to the Public Works Department, Attention: Traffic Co- ordinator. B. The location will be reviewed for violations of the Guidelines for Placement of Newspaper Service Boxes, and alternate locations will be considered. C. The location will be checked for compliance with By-laws 83-57 and 84-63. D. The newspaper distributor will be contacted by Public Works by telephone for an immediate site meeting within twenty-four (24) hours to discuss alternate locations or meet with the citizen to discuss his concerns. E. Failure to comply will result with an immediate letter issued by the By-law Department providing ten (10) days' notice from the original date of contact, to remove the newspaper service box or relocate it to an approved location. F. Failure to comply after the deadline: 1. The By-law Department will be asked to proceed with legal action; 2. The police will be notified that the newspaper service box is being removed; and 3. The Public Works Department will remove the box and the distributor will be responsible for all expenses incurred. G. Maximum fine for violations of the Road Occupancy By-law is Five Thousand Dollars ($5,000). VI. FUTURE CONSIDERATIONS AND POSSIBLE CHANGES The Corporation of,The Town of Newcastle may consider an approach similar to that taken with Canada Post Super Mailboxes. This approach includes items such as A. Depressed curbs and access sidewalk across the boulevard in urban residential locations; and B. Installation of culverts and gravel access walkways. Other considerations may be to limit the number of newspaper service boxes in a grouping or limit the total number of newspaper service boxes by each newspaper distributor. An annual licence fee is also being considered by some municipalities. Over the next few years a consistent policy may exist in all of The Regional Municipality of Durham. The Corporation of The Town of Newcastle does not foresee any of these items being implemented in the near future as problems should be resolved within the current co-operative system. .eb Y