BYLAW - Licensing Newspaper Boxes - 20060627 - 482006P THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4820-06.P
BEING A BY-LAW to
regulate the placement of
newspaper distribution
boxes on highways
WHEREAS sections 9 to 11, 27 to 28 of the Municipal Act, 2001, as amended
authorizes a municipality to regulate and prohibit with respect to highways under its
jurisdiction, including the issuance of permits and approvals under specified conditions;
AND WHEREAS section 128 of the Municipal Act authorizes a local municipality to
prohibit and regulate with respect to public nuisances, including matters that could
become or cause public nuisances;
AND WHEREAS the Council of the Corporation of the Town of Aurora finds the
inappropriate placement of newspaper distribution boxes on the Town’s highways to be
a public nuisance;
AND WHEREAS Council of the Corporation of the Town of Aurora finds it desirable to
regulate the placement of newspaper boxes on the highway;
NOW THEREFORE the Council of The Corporation of the Town of Aurora ENACTS as
follows:
Definitions
1. In this By-law,
“by-law” means this By-law and all the Schedules as attached;
“town” means the land located within the territorial boundaries of the Town of Aurora;
“director” means the Director of Corporate Services or his designate;
“corporation” means the Corporation of the Town of Aurora;
“designated area” means the area of a highway designated by the Director for the
placement of a newspaper distribution box;
“highway” includes a road allowance, bridge, road, square, place, boulevard, or street,
including the sidewalks and parking areas, or any part of which that is intended for
general public passage and is located within the Town’s or the Region’s jurisdiction;
“coral” means a metal rack in a form approved by the Director to which newspaper
distribution boxes may be attached;
“permit” means a written authorization issued by the Director under this By-law to
allow the placement of a newspaper distribution box in a designated area;
“person” includes a person, association, sole proprietorship, partnership, limited
partnership, joint venture, or corporation;
“newspaper distribution box” means an unattended box for the distribution of printed,
written, photographic or other published material; and
“Region” means the Regional Municipality of York.
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Administration
2. 1) The Director shall be responsible for the administration and enforcement of
this by-law.
2) As part of his responsibility to administer this By-law, the Director may:
a) identify designated areas on a highway;
b) impose conditions on how a designated area may be used, in addition to the
provisions of this by-law, to ensure the orderliness and cleanliness of
the highway;
c) determine how, when, and the number of newspaper distribution boxes can be
installed in a designated area;
d) issue permits for the placement of a newspaper distribution box in a
designated area;
e) collect fees for the permit for the use of a designated area, as well as any
other applicable fees under the applicable Town of Aurora Fees and Charges
By-law;
f) impose conditions as a requirement of obtaining, continuing to hold or
renewing a permit in addition to the requirements under this by-law;
g) revoke a permit as a result of a breach of a condition of the permit or a
provision of this by-law.
Designated Areas
3. In determining the location as a designated area under this by-law, the Director
shall take into account the following consideration at a minimum:
1) not more than one (1) corner may be selected as a designated area at each
intersection, except on major collector or arterial roads, where not more than two
corners may be designated areas;
2) the placement of a newspaper distribution box in the designated area should not
obstruct or otherwise interfere with the use of the highway by a vehicle or
pedestrian, or with snow removal, sidewalk cleaning and maintenance, traffic
safety, or other public uses of the highway in the Director’s opinion.
4. Not more than three (3) newspaper boxes may be permitted to be placed on each
designated area.
Permits
5. An applicant for a permit under this by-law shall:
1) complete an application for a permit on the form(s) as provided by the
Director;
2) submit a completed application to the Director together with the fee as set
out in Schedule “A” attached to this by-law; and
3) provide any documentation and insurance certificates as required by the
Director as prerequisites and requirements for the issuance of the permit.
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6. 1) An applicant for a permit may apply for the placement of a newspaper
distribution box at a specific designated area in the Town. The Director shall
determine whether the location as applied is available on a first-come-first-
serve basis.
2) Notwithstanding subsection (1), an applicant for a renewal permit shall be
given priority for the use of the location.
7. 1) No permit for a newspaper distribution box shall issued unless coral is in place;
2) No fee shall be refunded once a permit has been issued for the placement of a
newspaper distribution box on the designated area.
3) All corals shall be installed on a highway by the Corporation or its authorized
contractor. No person shall install a coral on a highway without the express
authorization of the Director.
8. The Director may issue a permit if:
1) the application is completed with full payment of the applicable fees paid; and
2) the designated area as requested by the applicant is available for the placement
of a newspaper distribution box; and
3) there is not already another newspaper distribution box placed on the designated
area distributing the same publication; and
4) the publication being distributed does not contain hate literature or adult
entertainment contents.
9. 1) A permit holder shall indemnify and hold harmless the Town and the Region
from and against all actions, suits, claims and demands which may be brought
against the Corporation or the Region arising out of the location or disposition
of a newspaper distribution box.
2) A permit holder shall provide an insurance certificate adding the Town and/or
the Region, as applicable, as an additional insured in an amount and form as
determined by the Director.
10. 1) A permit holder shall comply or ensure the compliance of all the provisions and
conditions of the permit and this by-law.
2) Failure to comply with any provision or condition of a permit or this by-law may
result in the revocation of the permit by the Director, in addition to any other
enforcement proceedings against the permit holder as permitted by law.
3) Upon revocation of the permit issued under this by-law, the permit holder shall
immediately remove the newspaper distribution box.
4) No permit fee shall be refunded as a result of a revocation.
11. 1) A permit is the property of the Corporation and is not transferable.
2) Once a permit is issued, no refunds shall be made for the permit, even if the
permit holder chooses not to exercise the rights under the permit and does not
place a newspaper distribution box at the designated area as authorized.
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Placement of Newspaper Boxes
12. 1) No person shall place or cause the placement of a newspaper distribution box
on a highway:
a) without a valid permit; or
b) in a location other than the location stated on a permit; or
c) by attaching it to any fixed object on a highway such as a bus stop, light
standard, hydro pole, fire hydrant, or any other object other than in a coral
authorized by the Town and in a designated area; or
d) in a way that violates any condition stated on a permit or the provisions of this
by-law.
2) The owner of the publication being distributed from the newspaper distribution
box that is not placed on a highway in accordance with subsection (1) shall be
deemed responsible for the violation of this by-law.
3) The Director may cause the removal of any publication distribution box that is not
placed on a highway in accordance with subsection (1) at the expense of the
owner of the publication.
13. 1) Every permit holder shall ensure that a newspaper distribution box placed on a
highway is:
a) placed in a coral and securely fastened; and
b) adjacent to other publication distribution boxes in a straight line parallel to the
line of the curb and/or sidewalk; and
c) free of graffiti; and
d) equipped with a self-closing door; and
e) free of printed or advertising matter on the publication distribution box other
than:
i) the name of the publication being offered;
ii) the publisher’s name;
iii) instructions for the use of the publication distribution box; and
f) not more than 58 inches (147 cm) in height x 20 inches (5 1 cm) in width x 1 8
inches (46cm) depth, in size; and
g) otherwise in good and proper repair and condition satisfactory to the Director.
3) The Director may cause the removal and impoundment of a newspaper
distribution box at the permit holder’s expense if the newspaper distribution box is
found to be placed on a highway contrary to the standards as established in this
by-law.
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14. A permit holder shall ensure that the newspaper distribution box is removed from
the designated area forthwith upon the expiration of a permit, unless a renewal
permit has been obtained and is effective on the day after the expiration of the
previous permit.
15. In the event that a newspaper distribution box must be removed for the purpose of
conducting work on or under the highway by the Town, a public utility company, or
the Region, the permit holder shall be responsible for the cost of the removal of
the newspaper distribution box.
Litter
16. Every permit holder shall ensure that the area around the permit holder’s
newspaper distribution box placed on a highway is free of litter, including any
discarded publication distribution or other publications. The permit holder shall
promptly remove or cause the removal of any discarded publications on the
highway or other property around the location of the permit holder’s newspaper
distribution box. Failure to do so may result in the Director revoking the permit
holder’s permit for the placement of the distribution box.
Enforcement
17. Compliance with the provisions of this by-law does not relieve any person from the
necessity of complying with any applicable laws, by-laws, regulations, and
requirements of other governmental authority, including the requirement to obtain
any required consent to enter private property to comply with the requirements of
this by-law.
18. Failure to comply with any provision of this by-law, including the failure to remove the
newspaper distribution box after the expiry or revocation of a permit, may result in:
1) the Corporation conducting any work needed to be done to bring about
compliance on behalf of the person at the person’ s expense; and/or
2) enforcement proceedings initiated for committing an offence under this By-law.
19. 1) If the Director seizes and removes from the highway a newspaper distribution
box under this By-law, the Director shall store the box for sixty(60)days and shall
return the box to its owner if the owners pay the impound or removal storage fee
as set out in Schedule “A” to this by-law.
2) The Director may dispose of any distribution box seized and removed from the
highway under this By-law at the expiry of the sixty (60) days if the owner has not
claimed the box by paying the applicable removal and storage fees within this
period.
20. Every person who contravenes any provision of this By-law is guilty of an offence
and is liable to a fine and any other penalties imposed pursuant to the Provincial
Offences Act, R.S.O. 1990, c. P-33, as amended.
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General
21. If a court of competent jurisdiction declares any section or part of a section of the by-
law invalid, it is the intention of Council that the remainder of the by-law shall
continue to be in force.
22. 1) Words importing the singular number or the masculine gender only include more
persons, parties or things of the same kind than one, and females as well as
males and the converse.
2) A word interpreted in the singular number has a corresponding meaning when
used in the plural.
READ A FIRST AND SECOND TIME THIS 27th DAY OF JUNE, 2006.
READ A THIRD TIME AND FINALLY PASSED 27th DAY OF JUNE, 2006.
_____
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
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SCHEDULE “A” TO BY-LAW
Fees
Permit for each newspaper distribution box per location $50
Impound/removal storage fee $300