[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 2005-32. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 336.
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:
A.
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.
B.
Newsracks located that cause an inconvenience and/or danger to persons
using public rights-of-way, and unsightly newsracks located therein
constitute public nuisances.
As used in this chapter, the following terms shall have the
meanings indicated:
The person responsible for placing and maintaining a newsrack
in a public right-of-way.
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.
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.
That portion of a street improved, designed or ordinarily
used for vehicular travel.
Any surface provided for the exclusive use of pedestrians.
All that area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks.
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.
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.
A.
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.
B.
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.
A.
No newsrack shall exceed five feet in height, 30 inches in width
or two feet in thickness.
B.
Chaining or otherwise securing newspaper vending machines onto public
property is prohibited.
C.
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.
D.
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.
E.
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.
F.
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.
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:
A.
No newsrack shall be permitted to be placed in any residential district
within the Township.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
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.
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.
"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.
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.
A.
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.
B.
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.