Township of Ocean, NJ Newsracks

The purpose of the provisions hereinafter contained and enacted is to secure and promote the public health and general welfare of persons in the Township of Ocean in their use of public rights-of-way:

The uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings and persons performing essential utility, traffic control and emergency services.

Newsracks located that cause an inconvenience and/or danger to persons using public rights-of-way, and unsightly newsracks located therein constitute public nuisances.

§ 239-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DISTRIBUTOR

The person responsible for placing and maintaining a newsrack in a public right-of-way.

NEWSRACK

Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of newspapers or other periodicals.

PARKWAY

That area between the sidewalk and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and property line adjacent thereto. "Parkway" shall also include any area within a roadway which is not open to vehicular travel.

ROADWAY

That portion of a street improved, designed or ordinarily used for vehicular travel.

SIDEWALK

Any surface provided for the exclusive use of pedestrians.

STREET

All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

§ 239-3 Permit required.

It is 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 Township of Ocean any newsrack without first having obtained a permit from the Township of Ocean, specifying the exact location of such newsrack(s). One permit may be issued to include any number of newsracks and shall be signed by the applicant.

§ 239-4 Application for permit.

Application for such permit shall be made, in writing, to the Township of Ocean upon such form as shall be provided, and shall contain the name and address of the applicant, the proposed specific location of such newsrack and shall be signed by the applicant.

§ 239-5 Conditions of issuance of permit.

As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the Township of Ocean, its officers, directors and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury and for property damage sustained by any person as the result of the installation, use or maintenance of a newsrack within the Township of Ocean.

Permits shall be issued for the installation of a newsrack or newsracks 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 and such reasonable rules and regulations as may be established by the Township of Ocean. Permits shall be issued within 10 days after the application has been filed. An annual permit fee of $50 per newsrack is required.

Such permits shall be valid for one year and shall be renewable every January pursuant to the procedure for original applications referred to in § 239-4 and payment of the fee of $50 per newspaper rack.

§ 239-6 Maintenance and installation.

No newsrack shall exceed five feet in height, 30 inches in width or two feet in thickness.

Chaining or otherwise securing newspaper vending machines onto public property is prohibited.

No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or periodical sold or offered therein.

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/she is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order. This requirement shall be waived for newsracks exclusively offering free newspapers or periodicals.

Each newsrack shall have affixed to it, in a readily visible place 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 of the coin-return mechanism. This requirement shall be waived for newsracks exclusively offering free newspapers or periodicals.

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 serviced and maintained so that:

(1)

It is reasonably free of dirt and grease;

(2)

It is reasonably free of chipped, faded, peeling and cracked paint in visible painted areas thereof;

(3)

It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;

(4)

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 discoloration;

(5)

The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading;

(6)

The structural parts thereof are not broken or unduly misshapen.

§ 239-7 Location and placement.

Any newsrack which rests in whole or in part on any portion of a public right-of-way shall be located in accordance with the provisions of this section:

No newsrack shall be permitted to be placed in any residential district within the Township.

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.

No newsrack shall be permitted to rest upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally marked or stopped vehicle, the ingress or egress from any residence or place of business or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location.

No newsrack shall be installed above or within proximity to interfere with the use, maintenance and/or repair of any gas line, water line, sewer line or other such utility line.

No newsrack shall be chained, bolted, anchored to the ground or otherwise attached to any fixture located in the public right-of-way, except to other newsracks.

Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight feet along a curb and space of not less than three feet shall separate each group of newsracks.

No newsrack shall be placed, installed, used or maintained:

(1)

Within five feet of any marked crosswalk;

(2)

Within 12 feet of the curb return of any unmarked crosswalk;

(3)

Within 10 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 ahead or 15 feet to the rear of any sign marking a designated bus stop;

(6)

Within three feet of the outer end of any bus bench;

(7)

At any location where by the clear space for the passageway of pedestrians is reduced to less than six feet;

(8)

Within three feet of or on any public areas improved with lawn, flowers, shrubs, trees or other landscaping;

(9)

Within five feet of any utility pole;

(10)

Within 10 feet of any no parking area;

(11)

Within 10 feet of any traffic sign;

(12)

Within five feet of any mailbox;

(13)

Within five feet of any public telephone;

(14)

Within 15 feet of any designated handicapped parking area;

(15)

Within 100 feet of any other newsracks on the same side of the street in the same block containing the same issue or edition of the same publication.

§ 239-8 Indemnification.

Each distributor shall execute and deliver to the Township Clerk a written agreement under which the distributor, in exchange for permission to place a newspaper vending machine in the public rights-of-way, agrees to indemnify, hold harmless and defend the Township, its officers, agents and employees, from any loss, liability or damage sustained by any person as a result of the placement or maintenance of such newspaper vending machines in the public rights-of-way.

§ 239-9 Suspension or revocation of permit.

In addition to the enforcement procedures provision in § 239-12, it shall be within the power and discretion of the Township of Ocean Code Enforcement Officer to suspend or revoke the permit for continued or repeated violations or infractions of any provisions of this chapter or any rule, direction or regulation of the Township of Ocean. Suspension or revocation shall be mandatory for the third offense against § 239-12.

§ 239-10 Administration.

"Township of Ocean" as used in this chapter shall include the Ocean Township Police Department, Township Clerk, Code Enforcement Officer and/or Director of Public Works.

§ 239-11 Abandonment.

In the event that a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided for in § 239-12 in violation of the provisions of this chapter.

§ 239-12 Violations and penalties.

Any person violating or failing to comply with any other provision of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 and not more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the municipal court judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

The violation of any provisions of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.