[Adopted 7-11-1990 by Ord. No. 6-13-90B
(Ch. 209, Art. II, of the 1984 Code)]
As used in this article, the following terms shall have the meanings
indicated:
Any person, firm or corporation responsible for placing, locating,
installing or maintaining a news vending machine in a public place in the
Borough of Haledon.
That surface, whether improved or not, over and by which ingress
and egress are made onto private or public property by vehicles.
Any newspaper, periodical or magazine of general circulation as defined
by general law; any newspaper, periodical or magazine duly entered with the
Post Office Department of the United States in accordance with federal statute
or regulation; and any newspaper, periodical or magazine filed and recorded
with any recording officer as required by general law.
Any machine, rack, self-service or coin-operated box, container,
storage unit or other dispenser utilized and maintained for the sale and distribution
of newspapers, news periodicals, news magazines and any other similar publications.
That portion of any street which is improved, designed, or ordinarily
utilized for vehicular traffic.
Any surface provided for the exclusive use of pedestrians, including
the area between the curb of any street and the property line adjacent thereto
or, if there is no curb, the area between the edge of the street and the property
line adjacent thereto; and shall include the public right-of-way along such
street or sidewalk.
All that area dedicated to public use for public street purposes
and includes but is not limited to roadways, parkways, alleys and sidewalks.
From and after the effective date of this article, if any distributor
shall locate or install a news vending machine which rests in whole or in
part on any public sidewalk or public right-of-way within the Borough of Haledon,
then, within 10 days from the date of such installation, such distributor
shall notify the Borough Superintendent of Public Works, in writing, of the
location and placement of such news vending machine. Such notice shall include:
A.
Any news vending machine which, in whole or in part,
rests upon a public sidewalk or public right-of-way within the Borough of
Haledon shall comply with the following standards:
(1)
No news vending machine shall exceed 60 inches in height,
24 inches in width or 20 inches in depth.
(2)
No news vending machine shall be used for commercial
advertising or commercial publicity purposes other than to display, promote
or advertise the sale of the newspaper, news periodical or magazine sold therein.
(3)
Each news vending machine shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate refund
in the event that the news vending machine door does not open. The coin-return
mechanism shall at all times be maintained in good working order.
(4)
Each news vending machine shall have affixed thereto
a readily visible notice setting forth the name, address and telephone number
of the distributor of the news vending machine to permit users thereof to
report a malfunction or to secure a refund in the event of a malfunction of
the coin-return mechanism.
(5)
Each news vending machine shall be maintained so that:
(a)
It is reasonably free of loose, chipped, peeling or cracked
paint on the exterior surfaces thereof.
(b)
It is reasonably free of rust and corrosion on the exterior
surfaces thereof.
(c)
The clear plastic or glass parts thereof, if any, are
not broken or cracked so as to create danger to users thereof.
(d)
Structural parts are not broken, cracked or otherwise
dangerous to users thereof.
Any news vending machines which rest in whole or in part upon any portion
of the public sidewalk or public right-of-way or which project 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 news vending machine shall project onto, into or over
any part of the roadway of any public street or rest, wholly or in part, upon,
along or over any portion of the roadway of any public street.
B.
No news vending machine shall be permitted to rest upon,
in or over any public sidewalk if the location of such news vending machine:
(1)
Endangers the safety of persons or property;
(2)
Unreasonably interferes with or impedes the flow of pedestrians
along the public sidewalk or public right-of-way;
(3)
Unreasonably interferes with or impedes the flow of vehicular
traffic along the public roadway;
(4)
Unreasonably interferes with the ingress or egress to
and from any public or private property; or
(5)
Unreasonably interferes with traffic signs, traffic signals,
fire hydrants, police or fire call boxes, utility poles, mailboxes or other
equipment located on or near the public roadway, public sidewalks or the public
right-of-way.
C.
News vending machines shall be chained, bolted or otherwise
secured so as to prevent their unauthorized removal or their accidental movement
within the public sidewalk or public right-of-way. News vending machines shall
not be chained, bolted or otherwise secured to any Borough-owned street sign
or traffic control device.
D.
News vending machines may be placed next to each other and grouped, provided that no group of news vending machines shall extend for a distance of more than four feet along a curb and provided that the grouping of such machines shall not violate the provisions of Subsection B of this section.
E.
News vending machines shall not be placed, installed,
located, used or maintained:
(1)
Within 10 feet of any marked crosswalk.
(2)
Within 12 feet of a curb return of an unmarked crosswalk.
(3)
Within 10 feet of any fire hydrant, fire call box, police
call box or other emergency facility or equipment.
(4)
Within five feet of any driveway.
(5)
Within a designated bus stop marked by a yellow curb,
except that news vending machines may be located within the first five feet
along the yellow curb, measured from the near side point of yellow curb, and
within the last five feet along the yellow curb, measured from the far side
point of yellow curb; provided, however, that such news vending machines do
not unreasonably interfere with the loading and unloading of passengers.
A.
If the Borough Superintendent of Public Works determines
that a news vending machine does not comply with the provisions of this article,
including the requirement to register such news vending machine with the Borough
Superintendent of Public Works, then the Borough Superintendent of Public
Works shall mail a written notice to the distributor of such news vending
machine, by certified mail, return receipt requested, stating the reasons
why such news vending machine does not comply with the provisions of this
article.
B.
If a distributor fails to adjust, correct, register or
otherwise cause such news vending machine to comply with the provisions of
this article within seven days from the date written notice of noncompliance
is mailed by the Borough Superintendent of Public Works, then such distributor
shall be in violation of this article.
A.
Any distributor who fails to comply with the provisions
of this article shall, upon conviction thereof in the Municipal Court, be
punishable by a fine not to exceed $100. Each day for which a distributor
fails to comply with the provisions of this article shall constitute a separate
violation hereunder.
B.
If a distributor is convicted of a violation of this
article by the Municipal Court and if such distributor thereafter refuses
to remedy or correct the violation within 10 days from the date of the conviction,
then the Borough Superintendent of Public Works of the Borough of Haledon
shall be empowered to remove the news vending machine which is the basis for
such conviction from the public sidewalk or public right-of-way or other place
and return such news vending machine to the distributor identified on the
news vending machine.
C.
It shall be unlawful for any person to tamper with, deface
or vandalize any news vending machine within the Borough of Haledon. Any person
who shall violate this section shall, upon conviction thereof in the Municipal
Court, be punished by a fine not to exceed $100.
