§ 186-3Permit required.
§ 186-4Application for permit.
§ 186-5Conditions for issuance; fees; term of license; insurance required.
§ 186-6Installation and maintenance standards.
§ 186-7Location and placement of machines.
§ 186-9Violations and penalties.
§ 186-10When effective; bringing existing machines into conformity.
Convenient availability of newspapers and other publications to the citizens of the Township of Riverside is essential to the dissemination of news, information and ideas, and to the constitutional rights of free speech and press.
Unrestricted placement of news vending machines and devices on public ways within the Township of Riverside has caused unsightly conditions, threats to public safety, littering, economic impact through malfunctioning machines and other adverse consequences.
Reasonable regulation of news vending machines and devices will permit the free and unrestricted dissemination of news and information while protecting the public from the negative consequences which have otherwise occurred.
As used in this chapter, the following terms shall have the meanings indicated:
- The person responsible for placing and maintaining a news vending machine in a public street, as herein defined.
- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law.
- NEWS VENDING MACHINE
- Any self-service and/or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals.
- That portion of a street improved, designated or ordinarily used for vehicular travel.
- Any surface 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 any person, firm or corporation to erect, place, maintain or operate on any public street in the Township of Riverside any news vending machine without first having obtained a permit from the Township Clerk or her designee, specifying the exact location of such news vending machine or machines. One permit may be issued to include any number of news vending machines and shall be signed by the Clerk and the applicant. Fees shall be based on the number of machines.
Application for such permit shall be made, in writing, to the Township Clerk and approved by the Township Clerk, upon such form as shall be provided by her, and shall contain the name and address of the applicant and the proposed specific location of said news vending machine or machines and shall be signed by the applicant and be accompanied by the applicable fee.
Permits may be issued for the installation of a news vending machine or machines without prior inspection of the location, but such news vending machine or machines and the installation, use or maintenance thereof shall be conditioned upon compliance with the provisions of this section. An initial application fee of $75 per news vending machine is required. Thereafter, an annual renewal fee of $25 shall be paid for the permit of each news vending machine maintained at the same location and in the same manner as the vending machine covered by the initial permit. The amount of the fee may be amended by resolution of the Township Committee at any time subsequent to the adoption of this chapter.
The permit shall be valid for a period of one year commencing on July 1 of each year and shall be renewable on July 1 of any subsequent year. The annual fee shall be prorated if the permit is issued effective subsequent to July 1.
No permit shall be issued or continued in operation unless the applicant and any other persons, organizations, firms or corporations on whose behalf the application is made by filing such application do represent, stipulate, contract and agree and that they will jointly and severally defend, indemnify and hold the Township of Riverside harmless against liability for any and all claims, for damage to property or injury to or death of persons, including expenses and costs, arising out of or resulting from the issuance of the permit or the control, maintenance or ownership of the news vending machines permitted.
Before the Township of Riverside may issue a news vending machine permit to any person, that person must execute an indemnification agreement substantially as follows: "The applicant and any other persons, organizations, firms or corporations on whose behalf the application is made represent, stipulate, contract and agree that they do jointly and severally defend, indemnify and hold harmless the Township of Riverside against liability for any and all claims for damage to property or injury or death of persons arising out of or resulting from the issuance of the permit or the control, maintenance or ownership of the news vending machine permits."
Before the Township Clerk may issue a news vending machine permit to any person, that person shall file with the Township Clerk proof of an insurance policy issued by a company duly licensed to transact business under the insurance laws of this state in the sum of $500,000 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 the news vending machines permitted, and no license shall continue to be effective unless such insurance, in the full and collectible amount of $500,000 for one person and $1,000,000 for more than one person for bodily injuries or death and $50,000 for property damages, shall remain in force during the entire term of the license. 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 news vending machines or any fault in respect thereto and shall be for the benefit of any person suffering loss, damage or injury as aforesaid. Said policy shall carry the Township of Riverside and its officials as an additional insured and shall insure the township against liability arising from any claim for damages.
No news vending machine shall exceed 48 inches in height, 24 inches in width or 20 inches in thickness.
No news vending machine shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspapers sold therein.
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 he or she is unable to receive the publication paid for. The coin return mechanisms shall be maintained in good working order.
Each news vending machine shall have affixed to it, in a readily visible place so as to be seen by anyone using the news vending machine, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to report a malfunction or to secure a refund, in the event of a malfunction of the coin return mechanism, or to give notices provided for in this chapter.
Each news vending machine 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 news vending machine shall be serviced and maintained so that:
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
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 discolorations.
The paper or cardboard parts or inserts thereof, if any, are reasonably free of tears, peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
It shall be unlawful for any person or place to maintain any publication or material in news vending machines which exposes to public view any pictorial material which depicts or appears to depict offensive sexually explicit material.
Each news vending machine shall be maintained in a manner so as to prevent the newspapers and other contents from being scattered about the area.
Any news vending machine which rests in whole or in part upon or on any portion of a public street or sidewalk or projects onto, into or over any part of a public street or sidewalk shall be located in accordance with the provisions of this section.
No news vending machine 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.
No news vending machine shall be permitted to rest upon, in or over any public street or sidewalk when such installation, use or maintenance:
Endangers the safety of persons or property;
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles;
Unreasonably interferes with the ingress or egress from any residence or place of business; or
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted or near said location.
A news vending machine or machines shall be placed or otherwise secured so as to prevent their being blown down or around the public street or sidewalk or moved without authorization, but shall not be chained or otherwise secured to any traffic or street signs, signals, hydrants or mailboxes.
No news vending machines shall be placed, installed, used or maintained:
Within three feet of any marked crosswalk.
Within three feet of a curb.
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within five feet of any driveway.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
Within 500 feet of any other news vending machine on the same side of the street, in the same block, containing the same issue or edition of the same publication.
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 six feet along a curb, and provided that the grouping of such machines shall not violate any other provisions of this section.
The provisions of this chapter may be enforced by the Construction Code Official, any police officer and any employee of the Township of Riverside with responsibility for maintenance of streets and roads and by any citizen through the filing of a complaint with the police or the Municipal Court.
A distributor shall be notified of any violation in writing. If the distributor fails to adjust, correct or otherwise cause such news vending machine to comply with the provisions of this chapter within seven days of the date of notice, the distributor shall be considered in violation of this chapter.
A news vending machine maintained in violation of the provisions of this chapter may, following the notice set forth in the preceding section, be removed by the Public Works Department and stored at the distributor's expense.
Any distributor or other person who fails to comply with the provisions of this chapter shall, upon conviction thereof in Municipal Court, be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days. Each day for which the distributor fails to comply with the provisions of this chapter shall constitute a separate violation hereunder.
It shall be unlawful for any person to tamper with, deface or vandalize any news vending machine within the Township of Riverside. Any person who violates this section shall, upon conviction thereof in Municipal Court, be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days.
This chapter will take effect immediately upon passage and publication in accordance with law as to any newly installed news vending machine. With regard to any news vending machines which had been installed and are presently being operated within the Township of Riverside, the distributor shall have a period of 30 days from the passage and publication of this chapter to move, repair or otherwise make such corrections as may be needed to bring said machines into conformity with the provisions of this chapter and to file an application for a permit as set forth herein. The Clerk shall review and issue permits for such existing machines within 30 days of the filing of the application. Thereafter, applications for machines at new locations shall be reviewed and permits issued or denied within 30 days.