BYLAW - Regulate Placement of Newspaper Distibution Boxes - 20080624 - 5043PTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 5043-0B.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
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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
permit 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.
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) designate 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 corals 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.
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Designated Areas
3. In determining the location as a designated area under this By-Jaw, the
Director shall take into account the following consideration at a minimum:
1) not more than one 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 publication 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 forms 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.
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.
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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 coral 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 p
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 im 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.
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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.
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 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 on a pad; and
b) securely fastened within the coral; and
c) adjacent to other publication distribution boxes in a straight line
parallel to the line of the curb and/or sidewalk; and
16.
d) maintained free of graffiti; and
e) equipped with a self-closing door; and
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f) 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
g) not more than 58 inches (147 em) in height x 20 inches (5 1 em) in
width x 1 8 inches (46cm) depth, in size; and
h) otherwise in good and proper repair and condition satisfactory to the
Director.
2) 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.
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.
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
Enforcement
17.
18.
19.
20.
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distribution box. Failure to do so may result in the Director revoking
the permit holder's permit for the placement of the distribution box.
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.
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.
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.
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.
General
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21 . If a court of competent jurisdiction declares any s·ection 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.
READ A FIRST AND SECOND TIME THIS 24th DAY OF JUNE, 2008
READ A THIRD TIME AND FINALLY PASSED THIS 241• DAY OF JUNE, 2008
PHYLLIS M. MORRIS, MAYOR
SCHEDULE "A" TO BY-LAW
Fees
Permit for each newspaper distribution box
Impound/removal storage fee
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$50
$100