[HISTORY: Adopted by the City Council of the City of Garfield 3-14-2006 by Ord. No. 2451. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 287.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk, or in any other public way or place, in the City of Garfield any newsrack without first having obtained a permit from the City Clerk specifying the exact location of such newsrack or newsracks. One permit may be issued to include any number of newsracks and shall by signed by the applicant.
Application for such permit shall be made in writing to the City Clerk and approved by the City Council upon such form as shall be provided by them and shall contain the name and address of the applicant, the proposed specific location of said newsrack or newsracks and shall be signed by the applicant.
A. 
Permits may be issued for the installation of a newsrack or newracks without prior inspection of the location but, such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this chapter. An annual permit fee of $20 per newsrack is required. The permit shall be granted or denied within 15 days of submitting the application.
B. 
Such permits shall be valid for a period of one year beginning June 1 and expiring on May 31 of the following year and shall be renewable pursuant to the procedure for original applications referred to above and upon payment of the per newsrack permit fee of $20.
C. 
No permit shall be issued or continued in operation unless the applicant and any other persons, organizations, firms or corporations on whose behalf the application is made, by filing such application, do represent, stipulate, contract and agree that they will jointly and severally defend, indemnify and hold the City harmless against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the control, maintenance of ownership of the newsrack permitted.
Any newsrack which, in whole or in part, rests upon or over any public sidewalk or parkway shall comply with the following standards:
A. 
No newsrack shall exceed 36 inches in height, 24 inches in width or 20 inches in thickness.
B. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper sold therein.
C. 
Each newsrack shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin return mechanism shall be maintained in good working order.
D. 
Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction or to secure a refund in the event of a malfunction of the coin return mechanism, or to give the notices provided for in this chapter.
E. 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be served and maintained so that:
(1) 
It is reasonably free of chipped, faded, pealing and cracked paint in the visible painted areas thereof.
(2) 
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof.
(3) 
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed, are unbroken and reasonably free of cracks, dents, blemishes and discolorations.
(4) 
The paper or cardboard parts of inserts thereof, if any, are reasonably free of tears, peeling or fading.
Any newsrack which rests in whole or in part upon or on any portion of a public right-of-way or which projects onto, into or over any part of a public right-of-way shall be located in accordance with the provisions of this section.
A. 
No newsrack shall be used or maintained which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street.
B. 
No newsrack shall be permitted to rest upon, in or over any public sidewalk when such installation, use or maintenance:
(1) 
Endangers the safety of persons or property;
(2) 
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle;
(3) 
Unreasonably interferes with the ingress to or egress from any residence or place of business; or
(4) 
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
C. 
Newsrack or newsracks shall be chained, bolted or otherwise secured so as to prevent their being blown down or around the public right-of-way.
D. 
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than four feet along a curb.
E. 
No newsrack shall be placed, installed, used or maintained:
(1) 
Within three feet of any marked crosswalk;
(2) 
Within 12 feet of a curb return of any unmarked crosswalk;
(3) 
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
(4) 
Within five feet of any driveway;
(5) 
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping; or
(6) 
Within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.
Enforcement of this chapter shall be by the police, Zoning Enforcement Officer or the Superintendent of the Department of Public Works. For a first offense under this chapter, the penalty shall not exceed $500, plus costs. The penalty for second and subsequent offenses shall not exceed $1,000, plus costs. The enforcement of these provisions shall be within the jurisdiction of the Municipal Court. Should successive violations occur, the owner of said newsrack or newsracks shall be given 30 days' notice to remove said newsrack, at the conclusion of which the municipality may remove the same and impound for return to the owner.