[HISTORY: Adopted by the City Council of the City of Brigantine 5-18-1994
by Ord. No. 14-1994. Amendments noted where applicable.]
It shall be unlawful for any person, firm, corporation, association,
partnership or other entity, including any agent, servant or employee thereof,
to place or locate a newspaper vending machine on the public right-of-way
or sidewalk of the City of Brigantine when the placement of the same, in the
determination of the City Manager of the City of Brigantine or his designee:
A.
Endangers the safety of persons or property;
B.
Interferes with or impedes the flow of pedestrian or
vehicle traffic, including any legally parked or stopped vehicles;
C.
Interferes with the ingress or egress from any residence
or place of business; or
D.
Interferes with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near said location.
The chaining, locking or otherwise securing of newspaper vending machines
to public property is hereby prohibited. For purposes of this section, "public
property" is defined as all public buildings and structures owned by the City
of Brigantine and all street signs, stop signs, trash receptacles, utility
poles and other similar devices which exist on any street, sidewalk or right-of-way,
whether or not the same are owned by the City of Brigantine.
Any newspaper vending machine located in the City of Brigantine shall
comply with the following standards:
A.
Each newspaper vending machine shall be equipped with
a coin return mechanism to permit a person using the newspaper vending machine
to secure an immediate refund in the event that the person is unable to receive
the publication paid for. Such coin return mechanism shall be maintained in
good working order.
B.
Each newspaper vending machine shall have affixed to
it, in a readily visible place so as to be seen by anyone using it, a notice
setting forth the name and address of the owner and distributor or other applicable
number to call to report a malfunction or secure a refund in the event of
a malfunction of the coin return mechanism.
C.
Each newspaper vending machine shall be maintained in
a neat and clean condition and in good repair at all times. Specifically,
but without limitation, each newspaper vending machine shall be serviced and
maintained so that:
(1)
It is reasonably free of chipped, faded, peeling 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 through which
the publications are viewed shall be unbroken or reasonably free of cracks,
dents, blemishes and discolorations.
(4)
The paper or cardboard parts thereof shall be reasonably
free of tears, peeling or fading.
No newspaper vending machine may be located in any zone in the City
of Brigantine unless said zone is designated as a commercial zone.
A.
Each newspaper vending machine shall be registered through
the office of the City Clerk. Such registration shall be in writing and on
the approved form as provided by said Clerk.
B.
C.
Each person or entity who registers a newspaper vending
machine must sign an indemnification and hold-harmless agreement in favor
of the City of Brigantine concerning any personal injury, death or property
damage caused or in any way associated with said newspaper vending machine.
Any person or other entity who is found guilty of a violation of this
chapter shall be subject to a fine not to exceed $1,000 or imprisonment for
a term not to exceed 90 days or a period of community service for a period
not exceeding 90 days, or any combination of the above, in the discretion
of the Municipal Court Judge.
