ARTICLE XVI. NEWSPAPER DELIVERY RECEPTACLES
26-811 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Major street means any street classified as a major street by the city pursuant to Act No. 51 of the Public Acts of Michigan of 1951 (MCL 247.651 et seq.), as amended.
Newspaper delivery receptacle or receptacle means any device that is placed in the public right-of-way, on a post driven into the ground or in any other manner, for the purpose of holding a newspaper or other periodical that is delivered to premises located near the public right-of-way.
Permittee means an individual, corporation, partnership or joint venture issued a permit by the city to install and maintain newspaper delivery receptacles in the public right-of-way in the city.
Residential street means any street that is classified as a local street by the city pursuant to Act No. 51 of the Public Acts of Michigan of 1951 (MCL 247.651 et seq.), as amended.
State highway means any street that is classified as a state trunkline by the city pursuant to Act No. 51 of the Public Acts of Michigan of 1951 (MCL 247.651 et seq.), as amended.
(Code 1985, § 23-131)
Cross reference—Definitions generally, § 1-2.
26-812 Permit required; application.
(a) No person shall install or maintain any newspaper delivery receptacle in the public right-of-way in the city without first obtaining a permit therefor from the engineering division of the department of public works and services of the city.
(b) An application for a permit under this section shall be made to the engineering division, which application shall show the specific location in the public right-of-way where permission to place newspaper delivery receptacles is requested, and shall show the size, design and materials to be used for the receptacle. The engineering division may prepare and provide a form for such application, which may include such other relevant information as the engineering division shall require.
(c) No permit shall be issued for any newspaper delivery receptacle that is to be placed in a location that will create a hazard to the public, in accordance with the standards set forth in this article.
(d) In the case of any newspaper delivery receptacle now existing in the public right-of-way in the city, an application for a permit therefor shall be made to the city in accordance with the requirement of this article within 30 days after November 17, 1989. In any case where no application is made, or where an application for a permit is denied under the provisions of this article, and the receptacle has been installed in the city right-of-way, written notice shall be given by the city to the applicant, or to the owner of the receptacle if no application for a permit has been made, to remove the receptacle within seven days after the issuance of the notice. If the receptacle is not removed in accordance with such notice, the city shall be authorized to remove the receptacle and shall be entitled to charge the cost of the removal to the applicant or owner of the receptacle, and to the applicant or owner’s cash deposit as provided for in this article if one has been posted, and in such case the city shall have no obligation to the applicant or owner for the value of the receptacle. The applicant or owner shall be responsible to the city for all removal costs incurred by the city.
(Code 1985, § 23-132)
26-813 Insurance, indemnification, bonding requirements; enforcement of article.
(a) No permit for a newspaper delivery receptacle shall be granted unless the applicant therefor has executed an indemnification agreement, in a form acceptable to the city attorney, in which the city, its officers, employees, agents, and affiliated boards and commissions, their officers, employees and agents, are indemnified by the applicant from any and all claims or causes of action that might arise from or be in any way caused by the installation, presence or maintenance of the newspaper delivery receptacle in the public right-of-way. The city attorney may prepare a form for such indemnification agreement, which may be made available to applicants for permits under this article.
(b) No permit for a newspaper delivery receptacle shall be granted unless the applicant provides to the city a certificate of insurance or policy of insurance which verifies that liability insurance has been provided by the applicant which shall provide coverage to the city and its officers, employees, agents, and affiliated boards and commissions and their officers, employees and agents for any claim or damage arising from the installation, presence or maintenance of newspaper delivery receptacles, and which insurance certificate or policy shall be in a form acceptable to the risk management division of the city, and in an amount not less than $500,000.00. The required insurance shall apply to all of the receptacles installed or maintained by that applicant, regardless of the number of receptacles for which the applicant is responsible. This insurance shall be maintained in effect for as long as the newspaper delivery receptacle is maintained in the public right-of-way, and renewal certificates or policies shall be provided to the risk management division of the city annually, or whenever otherwise reasonably deemed necessary by the city to verify that the insurance coverage required in this section remains in effect.
(c) In addition to the indemnification requirement and insurance provided for in this section, no permit for newspaper delivery receptacles shall be approved until the applicant therefor has provided a cash deposit to the city in the amount of $5,000.00, which shall be for the purpose of securing payment to the city for any physical damage to the right-of-way or other city property caused by the installation, maintenance or removal of a newspaper delivery receptacle, or for the cost of removal of a receptacle if a receptacle is required to be removed pursuant to the provisions of this article. The cash deposit shall apply to all of the receptacles installed or maintained by that applicant, regardless of the number of receptacles for which the applicant is responsible. The city shall deduct from the cash deposit the cost to the city of repairing any damage to the city right-of-way or other city property caused by the installation, maintenance or removal of any receptacle installed, maintained or owned by the applicant or permittee and the cost of removing any receptacle removed by the city pursuant to the provisions of this article. The applicant or permittee shall be entitled to review the records of the city in regard to the deposit, in order to assure that any charges made thereto by the city are justified. The permittee shall be required annually, on the anniversary date when the cash deposit was established, to pay whatever amount is required to the city in order to restore the amount of cash deposit to $5,000.00.
(d) After the installation of any newspaper delivery receptacle pursuant to a permit issued under this article, the engineering division of the city shall be authorized to inspect such receptacle to assure that it has been properly and safely installed, and installed in accordance with the permit and with all of the requirements of this article. The permittee shall be notified in writing to correct any deficiencies found. If such deficiencies are not corrected within seven days after the issuance of the notice, the city shall be authorized to remove the subject receptacle from the right-of-way. In such case, the cost of removal of the receptacle shall be charged to the cash deposit of the permittee, and the city shall have no obligation to reimburse the permittee for the value of the receptacle.
(e) In addition to the other requirements of this article, the permittee shall pay an annual inspection fee to the city to cover the cost of the enforcement of the provisions of this article, which shall be paid when the permit is originally applied for, and each year thereafter when the permit is reviewed as provided for in this section. The inspection fee shall be in the amount of $1.00 annually for each receptacle.
(f) Each permit for a newspaper delivery receptacle issued under this article shall be renewed annually on the anniversary date of its original issuance. In any case where the permit for a receptacle is not renewed when required in this article, and is not renewed within seven days after a written notice to the permittee that the permit has expired and is required to be renewed, the city shall be authorized to remove the receptacle from the right-of-way and in such case shall be entitled to charge the cost of the removal to the permittee’s cash deposit, and in such case the city shall have no obligation to the permittee for the value of the receptacle.
(g) Upon the removal of any receptacle by the city as allowed under this article for reasons other than in subsections (d) and (f) of this section, the cost of removal shall be charged to the cash deposit of the permittee, and the city shall have no obligation to reimburse the permittee for the value of the receptacle.
(h) Upon the removal of all receptacles from the city by the permittee, the balance of the cash deposit, if any, after the city deducts the charges allowable under this article, shall be refunded, without interest, to the permittee.
(i) If the city removes any receptacle pursuant to this article and the cost of removal exceeds the amount of the permittee’s cash deposit, the permittee shall be responsible to the city for the removal costs in excess of the cash deposit.
(Code 1985, § 23-133)
26-814 Location of receptacles; safety requirements.
(a) No newspaper delivery receptacle shall be located in the public right-of-way at any location where the owner or occupant of the property immediately adjacent to the right-of-way at that location objects to the presence of the receptacle. In any case where a permit for a receptacle has been issued under this article and the adjacent property owner or occupant objects in writing thereto to the city, the city shall notify the permittee that the permit for that location has been rescinded and that the receptacle must be removed. If the permittee fails to remove the receptacle within seven days after such written notice, the city may remove it at the expense of the permittee, and the provisions of section 26-813(g) and (i) shall apply.
(b) No permit shall be issued for a newspaper delivery receptacle which is to be located along any major street or state highway that is curbed, since due to the volume or speed of traffic on such highways, the starting and stopping of a delivery vehicle on such highways would cause undue traffic congestion and would be hazardous. In cases where a major street or state highway does not carry a high volume of traffic and has no curb and has a sufficient shoulder to allow a delivery vehicle to stop off the traveled portion of the highway in order to make deliveries without causing an undue hazard, in the judgment of the city engineer, permits for receptacles may be issued if all of the other requirements of this article are met.
(c) In the case of any residential street, no permit for newspaper delivery receptacles shall be issued, or shall remain in effect, on any residential street in any block in which the owners or occupants of a majority of the frontage of property shall indicate to the city, by means of signing a protest petition, that they object to the installation of newspaper delivery receptacles on the subject block because they believe them to create a hazardous condition, dangerous to the occupants of the property and/or dangerous to persons using the street for travel, and/or they believe such receptacles create undue traffic congestion and/or that they consider the receptacles to be detrimental to the value of property in the block for aesthetic reasons. Upon receipt of such a petition signed by persons owning or occupying a majority of the frontage on the block in question, the city engineer, unless he finds there is no basis for the residents’ belief that the existence of newspaper delivery receptacles on the street would create a hazard and be detrimental to the property in the block, shall not approve any permits for newspaper delivery receptacles on such block, and shall notify, in writing, the permittee in the case of any permit on such block that has been issued, that the permit for that block has been rescinded and that the receptacle must be removed within seven days. If the permittee does not remove all of the affected receptacles within the seven-day period, the city may remove them. If the city removes them, the provisions of section 26-813(g) and (i) shall apply. In any case where a protest petition as set forth in this section has been submitted by the owners and/or occupants of properties in a block within the city, and the petition has been accepted and recognized as valid by the city engineer, it shall continue to be recognized, and no permits shall be issued on the subject block for newspaper delivery receptacles until a petition has been submitted to the city engineer signed by the owners or occupants of a majority of the frontage on the same block, indicating that a majority of the owner/occupants no longer object to the installation of newspaper delivery receptacles on the block.
(Code 1985, § 23-134)
26-815 Placement of receptacles in the right-of-way; installation and repair.
(a) The permittee under this article shall be required to notify “Miss Dig” before any excavation is made in the right-of-way, or any post is driven into the ground of the right-of-way, for the installation of a newspaper delivery receptacle.
(b) When newspaper delivery receptacles are installed in the public right-of-way, for the protection of the safety of the public, the following requirements shall apply:
(1) No portion of any post shall be located closer than two feet behind the edge of the curb, if the street has a curb, or the outer edge of the pavement if there is no curb, or the traveled portion of the right-of-way if the right-of-way is not paved.
(2) A newspaper delivery receptacle shall be no more than four feet in height, and no less than three feet in height, from the surface of the pavement of the highway at the curb or edge of the road.
(3) No portion of a receptacle shall be any closer than 1 1/2 feet to the edge of the curb, if the street has a curb, or the outer edge of the pavement if there is no curb, or the traveled portion of the right-of-way if the right-of-way is not paved.
(c) The permittee shall be required to repair or replace any newspaper delivery receptacle that is damaged within 14 days after the damage occurs. If the permittee fails to do so, the city may notify the permittee in writing that repair is required, which notice shall extend a seven-day period to the permittee to complete the repairs. If the necessary repairs are not completed within the seven-day period allowed in the notice, the city shall be authorized to remove the subject receptacle from the right-of-way and make any necessary repairs to the right-of-way necessitated by the existence and removal of the receptacle. If the city removes a receptacle pursuant to this provision, the provisions of section 26-813(g) and (i) shall apply.
(d) In any case in which a newspaper delivery receptacle is damaged in a manner that creates an immediate hazard to traffic, either vehicular or pedestrian, in such case the city may abate the dangerous condition by removal of the receptacle and/or repair of the condition without notice to the permittee, and in such case the provisions of section 26-813(g) and (i) shall apply.
(e) In any case where a newspaper delivery receptacle must be removed and relocated because of permitted construction in the public right-of-way, the removal and replacement or relocation shall be at the expense of the permittee or the private party responsible for the construction, and in such case the city will have no liability for the cost of removal, replacement, relocation, or the value of the receptacle that is removed.
(Code 1985, § 23-135)