[HISTORY: Adopted by the Mayor and Council of the Borough of Fort
Lee 5-8-2003 by Ord. No. 2003-10. Amendments noted where
applicable.]
A.
The uncontrolled placement of newsracks in public rights-of-way
presents an inconvenience and danger to the health, safety and welfare of
persons using such public rights-of-way, including pedestrians, persons entering
and leaving vehicles and buildings, and persons performing essential utility,
traffic control and emergency services.
B.
The uncontrolled placement of newsracks is also detrimental
to the aesthetic characteristics of the Borough of Fort Lee and unsightly
newsracks located in the public rights-of-way constitute public nuisances
and cause visual blight.
As used herein, the following terms shall have the meanings indicated:
The Borough of Fort Lee Building Department.
The person, corporation, employee, servant or agent who erects, places,
maintains or operates a newsrack in the public right-of-way.
Any self-service or coin-operated box, container, storage unit or
other dispenser erected, placed, maintained or operated for the display, distribution
and/or sale of newspapers, circulars, pamphlets, news periodicals, magazines,
announcements advertisements, leaflets or other similar publications.
A street, sidewalk or roadway.
That portion of a street improved, designated or ordinarily used
for vehicle travel.
Any public surface or area provided for the 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 shall be unlawful for a distributor to erect, place, maintain or
operate a newsrack on any public right-of-way in the Borough of Fort Lee without
first having obtained a permit from the Building Department, signed by the
Construction Official or the Acting Construction Official. The permit shall
specify the exact location of each newsrack. One permit may be issued for
multiple newsracks.
An application for a permit shall be made, in writing, to the Building
Department, attention Construction Official. The application shall be on forms
promulgated by the Building Department in consultation with the Administrator.
The application shall contain the name and address of the applicant, the proposed
specific location of the newsrack(s), a drawing and specification of the proposed
newsrack(s) depicting compliance with requirements for dimensions, color and
lettering, and the application shall be signed by the applicant.
A.
Permits shall be issued by the Building Department to
a distributor to erect, place, maintain or operate a newsrack on the public
right-of-way, provided said placement, maintenance and operation complies
with the provisions of this chapter.
B.
An annual permit fee of $50 per newsrack is required.
C.
Applications shall be either granted or denied within
20 business days after the filing of a completed application, as required
by this chapter. For each requested location in excess of 10 locations, the
Building Department shall have an additional two business days to act on the
application. Separate applications by the same distributor will be deemed
to be one application for purposes of this subsection.
D.
The permit shall be valid for a period of one year on
a calendar-year basis, commencing January 1, and shall be renewable on January
1 of any subsequent year. The annual fee shall be prorated if the permit is
issued effective subsequent to January 1.
E.
Before the Building Department may issue a newsrack permit
to any person; that person must execute an indemnification agreement substantially
as follows:
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“The applicant and any other persons, organizations, firms or
corporations on whose behalf the application is made represent, stipulate,
contract and agree that they will jointly and severally defend, indemnify
and hold the Township of Fort Lee 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 newsrack, the issuance of the permit for the newsrack,
or the control, maintenance or ownership of the newsrack.”
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F.
Insurance.
(1)
Before the Building Department may issue a newsrack permit
to any person, that person shall file with the Building Department an insurance
policy or policies of a company duly licensed to transact business under the
insurance laws of this state, with coverage limits of at least $100,000 for
one person, and for more than one person, $1,000,000, insuring against loss
from liability imposed by law upon the distributor for damages on account
of bodily injury or death suffered, and in the sum of $50,000 against loss
on account of property damage suffered by any person or persons as a result
of an accident occurring by reason of the ownership, control or maintenance
of a newsrack, and no permit shall continue effective unless such insurance
shall remain in full force and effect during the entire term of the permit.
Such insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance and control
of such newsrack, or any fault in respect thereto, and shall be for the benefit
of any person suffering loss, damage or injury as aforesaid.
(2)
Each insurance policy shall provide that neither the
distributor, nor its insurer, shall have any right to subrogation against
the Borough of Fort Lee. Each insurance policy shall provide primary coverage
for any and all losses and shall be drafted so as to protect all parties.
(3)
Within 10 days of the issuance of the permit, the distributor
shall have the Borough of Fort Lee added as an additional insured on the insurance
policies required by this section.
Any newsrack which, in whole or part, rests upon, in or over any public
right-of-way shall comply with the following standards:
A.
No newsrack shall exceed 49 inches in height, 20 inches
in width or 18 inches in depth. Newsracks shall be manufactured of sturdy
metal housing, using twelve-gauge sheet metal or better, finished with a prime
coat and baked powder coat finish.
B.
Newsracks shall be green, with white lettering, but lettering
shall not exceed three inches in height and shall not cover more than 10%
of the surface area of the newsrack.
C.
Notwithstanding any provision in this chapter to the
contrary, any newsrack located in a streetscape designated area shall conform
to the aesthetic characteristics of the streetscape plan.
D.
No newsrack shall be used for advertising signs or for
publicity purposes other than that dealing with the display, sale or purchase
of the newspapers or news periodicals sold therein.
E.
Unless publications are made at no cost, 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 mechanisms shall be maintained in
good working order.
F.
Each newsrack shall have affixed to it 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 report a malfunction of the coin-return mechanism or
to give the notices provided for in this chapter.
G.
Each newsrack shall be maintained by the distributor
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 free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof;
(2)
It is free of rust and corrosion;
(3)
The clear plastic or glass parts thereof, if any, through
which the publications therein are viewed, are unbroken and free of cracks,
dents, blemishes and discolorations;
(4)
The paper or cardboard parts or inserts thereof, if any,
are free of tears, peeling or fading;
(5)
It shall not have any structural parts which are broken,
duly misshapen or otherwise dangerous; and
(6)
It is free of garbage and litter.
H.
It shall be unlawful for any distributor to place or
maintain any publication or material in a newsrack which is obscene as defined
by the United States Supreme Court and/or as set forth in N.J.S.A. 2C:34-2
or 2C:34-3.
I.
Each newsrack shall be maintained to prevent their contents
from being scattered about the area.
Any newsrack which, in whole or in part, rests upon, on or over any
portion of the 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.
B.
Newsracks shall be placed and secured using a cement
tray or equivalent means so as to prevent their being blown down or around
the public right-of-way. Newsracks shall not be chained or otherwise affixed
or secured to any traffic or street signs or signals, hydrants, mailboxes,
sidewalks or other public property.
C.
No more than two newsracks may be placed adjacent to
each other at any location that complies with this chapter. After a newsrack
(or pair of newsracks) is permitted for a specific location, no additional
newsrack(s) shall be placed less than one city block from the permitted newsrack
(or pair of newsracks).
D.
No newsrack shall be permitted which:
(1)
Endangers the safety of the 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;
(4)
Unreasonably interferes with passengers boarding or exiting
from buses at designated bus stops;
(5)
Unreasonably interferes with the use of traffic signs
or signals, fire hydrants or mailboxes located or permitted at or near said
location.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk;
(2)
Within 18 inches of a curb;
(3)
Within 15 feet of any fire hydrant, fire call box, police
call box or other emergency facility;
(4)
Within five feet of any driveway;
(5)
At any location whereby the clear space for the passageway
for pedestrians is reduced by the newsrack to less than six feet;
(6)
Within three feet of or on any public area improved with
lawn, flowers, shrubs, trees or other landscaping;
(7)
Within 300 feet of any other newsrack containing the
same issue or edition of the same publication;
(8)
Within 10 feet of any standby or sprinkler connection
or related safety or fire equipment;
(9)
Within five feet of any building, unless written permission
is secured from the property owner, and same is filed with the application;
(10)
In front of a single family or two-family residence.
F.
Notwithstanding anything to the contrary contained in
this chapter, if the Borough of Fort Lee designates certain areas (known as
“convenience nodes”) for the placement of newsracks as part of
a streetscape or redevelopment project, newsracks shall only be placed within
the convenience nodes. Except as provided in this subsection, no newsracks
shall be placed within 30 feet from the curb of a streetscape or redevelopment
project.
G.
No newsrack shall be permitted in any location zoned
as residential.
H.
Upon removal of any newsrack, the distributor shall promptly
eliminate any potential hazards to the public, such as bolts, brackets or
holes, and otherwise repair and restore the public right-of-way and public
property.
Notwithstanding anything contained in this chapter to the contrary,
the following shall constitute the only locations at which newsracks may be
installed/placed:
A.
On Bridge Plaza South, in the easement area at the intersection
of Hudson Terrace, on the easterly side of the street;
B.
On Bergen Boulevard, adjacent to the bus stop in front
of Block 2601, Lot 2;
C.
On Block 5701, Lot 11, at present commonly known as “Red
Oak Diner,” fronting on Route 9W;
D.
Adjacent to the Fort Lee municipal parking lot walkway,
north of the Plaza Diner.
E.
On the extension road from the George Washington Bridge
toward Hudson Terrace, on the easterly side of the street near steps to George
Washington Bridge.
Any potential distributor denied a permit to erect, place, maintain
or operate any newsrack may file with the Mayor and Council of Fort Lee a
written appeal, which shall be acted upon within 30 days.
Any violation of this chapter shall subject the violator to a fine of
not less than $100 nor more than $500, to confinement of not more than 90
days in jail, or both. Each newsrack violation constitutes a separate violation,
and each day of said violation constitutes a separate violation.
In addition to the penalties provided in § 281-10, it shall be within the power and discretion of the Building Department to suspend or revoke a permit for continued or repeated violations or infractions of any provision of this chapter, or of any rule, direction or regulation of the Building Department. Suspension or revocation of a permit shall be mandatory for the third violation of this chapter.
A notice of violation shall be issued to the distributor at least 48
hours in advance of the issuance of any summonses.
A.
In the event that a newsrack remains empty for a period
of 30 continuous days, the same shall be deemed abandoned and may be removed
at the distributor’s cost, by the Borough of Fort Lee, or any of its
designated departments.
B.
If a distributor is convicted of a violation of this
chapter and fails to correct or remedy the violation within 10 days following
said conviction, or disposition of any appeal, then the Building Department
or any designated department of the Borough may remove the newsrack(s) which
was the basis of the conviction, at the distributor’s cost.
C.
Upon removal of a newsrack, the distributor shall be
notified at the address listed on the newsrack. If the newsrack is not claimed
within 20 days of the mailing of said notice, the Borough of Fort Lee or any
designated department of the Borough may dispose of the newsrack.
D.
For any newsrack that is abandoned or removed in accordance
with this chapter, then stored by the Borough, the Borough of Fort Lee shall
charge a twenty-five-dollar per day storage fee.
The permits issued pursuant to this chapter shall not be assigned or
transferred.
