[HISTORY: Adopted by the Township Council of the Township of Livingston
by Ord. No. 32-1988 (§§ 9-82 to 9-89 of the 1979 Revised General
Ordinances). Amendments noted where applicable.]
The purpose of this chapter is to promote the public health and general
welfare of the citizens of the Township of Livingston in their enjoyment of
the public sidewalks and other public ways.
As used in this chapter, the following terms shall have the meanings
indicated:
Any self-service coin-operated vending machine that dispenses newspapers.
[Amended by Ord. No. 22-1989]
Any person, firm or corporation or any representative thereof who has
erected, placed, maintained or operated on any public street or public place
in the Township of Livingston any newspaper vending machine(s) must file an
application for registration of said newspaper vending machine, with the Township
Clerk, within five business days after such erection, placement, installation
or maintenance.
A.
The application for registration of newspaper vending
machine(s) shall be made in writing to the Township Clerk on forms approved
by the Township Council and available through the Clerk's office. The
application shall contain the name and address of the applicant, telephone
number and the specific location of each newspaper vending machine.
B.
The applicant shall pay an annual fee of $20 per machine
to defray the cost of the Township for registration and inspection of said
newspaper vending machines. Such application and registration of the newspaper
vending machine shall be valid for a period of one year beginning May 1 and
expiring on April 30 of the following year.
C.
Thereafter, each year that the newspaper vending machine(s)
registration is renewed an annual renewal fee of $15 shall be paid to cover
the registration of each machine. Annexed to each renewal application shall
be a certification by the Township Clerk that all newspaper vending machines
have been inspected and are in compliance with this chapter. The certification
shall also specify the number and location of each additional or deleted newspaper
vending machine.
[Amended by Ord. No. 22-1989]
Any newspaper vending machine which rests in whole or in part upon or
on any portion of a public right-of-way which projects 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 newspaper vending machine shall exceed five feet in
height, 36 inches in width or 30 inches in depth.
B.
Newspaper vending machines placed adjacent to the wall
of a building shall be placed parallel to such a wall and not more than six
inches from the wall. Newspaper vending machines placed near the curb shall
be placed not closer than six inches from the rest of the curb.
C.
Newspaper vending machines may be chained or otherwise
attached to one another; however, no more than three newspaper vending machines
may be joined together in this manner, and a space of not less than 18 inches
shall separate each group of three newspaper vending machines so attached.
D.
No newspaper vending machine shall be placed, installed,
used or maintained:
(1)
Within five feet of any marked crosswalk.
(2)
Within 10 feet of a curb return of any unmarked crosswalk.
(3)
Within 10 feet of any fire hydrant and within 10 feet
of a fire call box, police call box or other emergency facility.
(4)
Within five feet of any driveway.
(5)
At any location where the clear space for the passage
of pedestrian is unreasonably impeded or obstructed.
(6)
Within three feet of any display window of any building
abutting the sidewalk or roadway or in such a manner as to impede or interfere
with the reasonable use of such window for display purposes.
A.
No newspaper vending machine shall be used for advertising
signs or publicity purposes other than dealing with the display, sale or purchase
of the newspapers sold therein.
B.
Each newspaper vending machine shall be equipped with
a coin-return mechanism to permit a person using the machine to secure immediate
refund in the event that the newspaper vending machine door does not open.
The coin-return mechanism shall be maintained in good working order.
C.
Each newspaper vending machine shall have affixed to
it in a readily visible place 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 or to secure a refund in the event of a malfunction
of the coin-return mechanism or to obtain a refund in the event that the newspaper
vending machine is empty.
[Amended by Ord. No. 22-1989]
A.
Inspection and enforcement of this chapter shall be made
by the Zoning Enforcement Official.
B.
Should inspection determine a failure to adhere to requirements of § 192-5 or 192-6 of this chapter, the registered applicant shall have 15 days after receipt of a written notice from the Township Clerk specifying the defect within which to cure after which a summons for violation of this chapter shall be issued and the newspaper vending machine may be impounded.
C.
Should inspection determine that the placement of a newspaper
vending machine creates an imminent, unreasonable hazard to pedestrians or
traffic or interferes with response to an emergency situation by a public
officer, fire fighter, ambulance corps or medic, the Township of Livingston
shall impound the newspaper vending machine and notify the applicant of the
violation within three business days of the seizure.
Any person, firm, corporation or representative thereof who shall violate
any of the provisions of this chapter shall, upon a conviction thereof, be
subject to a fine not exceeding $500.
