Bus Benches & News Boxes

62

Chapter 34, Land Development Code, Zoning Dist.
34-638 (d) (2) (c) (d).


  1. Mail and newspaper delivery boxes. Mail and newspaper delivery boxes may be placed in accordance with U.S. Postal Service regulations; however, the support for a mail or newspaper delivery box must be of a suitable breakaway or yielding design, and any mail or newspaper delivery box placed in an unsafe or hazardous location can be removed by the government agency with jurisdiction over the right-of-way at the property owner’s expense.

  2. Bus shelters, bus stop benches and bicycle racks. Bus shelters, bus stop benches, and bicycle racks may be located in any district without regard for minimum setbacks, provided the location of the structure is approved by the town manager. No advertising is permitted on bus stop benches.

 This is the FMB LDC law, already in effect. Note: only the gov’t agency that has jurisdiction over the ROW can remove the delivery box! If FMB usurps that power for Estero Blvd. from the state or county and moves your boxes, then you should have a cause of action in Fed. Dist. Ct. for a Civil rights claim under 42 USC 1983 and maybe 1985.

Isn’t it interesting that bus stop benches are not allowed to have advertising on them, so nearly every bench is in violation of that law? Why is that law not being enforced by FMB? If there is no jurisdiction to enforce that by the town on a state highway, there also shouldn’t be any jurisdiction over newspaper delivery boxes.
Here is another section of the LDC relating to signs on benches in general:
Sec. 30-5. – Prohibited signs.
The following signs are prohibited:

(9) Bench signs.

 So why aren’t they enforcing that, instead of bothering your free newspaper boxes?

Leon Moyer
Fort Myers Beach