[HISTORY: Adopted by the Township Committee
of the Township of Hazlet 12-18-1982 by Ord. No. 611-84 as Ch. XXI of the 1982
Revised General Ordinances (Ch. 221 of the 1993 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The person, association of persons, firm or corporation,
who shall be responsible, in whole or in part, jointly or severally,
for the placement and maintenance of a newsrack in the public right-of-way.
Any publication, magazine, periodical, leaflet or similar
printed matter.
Any self-service or coin-operated box, stand, rack, container,
storage unit or other dispenser installed, used or maintained for
the purpose of offering for sale, vending, distributing or giving
away any publication.
Any surface provided for the exclusive use of pedestrians,
including the area between the sidewalks and the curb of any street,
or, if there is no sidewalk, the area between the edge of the roadway
and the property line adjacent thereto.
All the area dedicated to public use for public street purposes,
including but not 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
or sidewalk or in any other public way or place in the Township of
Hazlet any newsrack without first having obtained a permit from the
Township Clerk, and approved by the Superintendent of Public Works
and Chief of Police.
Application for such permit shall be made, in
writing, to the Township Clerk upon such form as shall be provided
by the office of the Township Clerk, and shall contain the name and
address of the applicant and the proposed specific location of said
newsrack or newsracks and shall be signed by the applicant.
A.
Permits may be issued for the installation of a newsrack
or newsracks upon submission of a completed application. Such permit
for such newsrack or newsracks and the installation, use or maintenance
thereof shall be conditioned upon observance of the provisions of
this chapter.
B.
An annual permit fee of $100 per newsrack shall be
paid upon the submission of the application.
[Amended 10-17-2000 by Ord. No. 1151-00]
C.
Such permits shall be valid for a period of one year,
from January 1 to December 31, and shall be renewable upon payment
of the applicable permit fee.
[Amended 10-7-2000 by Ord. No. 1151-00]
Any newsrack which, in whole or in part, rests
upon, in or over any public sidewalk or street or right-of-way shall
comply with the following standards:
A.
No newsrack shall exceed 60 inches in height, 30 inches
in width or 24 inches in thickness.
B.
No newsrack shall be used for advertising signs or
publicity purposes other than dealing with the display, sale or purchase
of the newspaper sold therein.
C.
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 that he or she is unable to receive the publication
paid for. The coin-return mechanisms shall be maintained in good working
order.
D.
Each newsrack shall have affixed to it, in a readily
visible place so as to be seen by anyone using the newsrack, 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
of the coin-return mechanism or to give the notices provided for in
this chapter.
E.
Each newsrack 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 newsrack 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 thereon.
(3)
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.
(4)
The paper or cardboard parts or inserts thereof, if
any, are reasonably free of tears, peelings or fading.
(5)
The structural parts thereof are not broken or unduly
misshapen.
F.
It shall be unlawful for any person or place to maintain
any publication or material in newsracks which exposes to public view
any pictorial material which depicts or appears to depict offensive
sexually explicit material.
Any newsrack which rests, in whole or in part,
upon or in any portion of a public right-of-way or 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 newsrack 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.
B.
No newsrack shall be permitted to rest upon, in or
over any public sidewalk when such installation, use or maintenance:
(1)
Endangers the safety of 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 into or egress
from any residence or place of business.
(4)
Unreasonably interferes with the use of traffic signs
or signals, hydrants or mailboxes, permitted at or near said location.
C.
No newsrack shall be chained, wired, bolted or in
any way affixed to any sign, stanchion, other newsrack, tree or any
other protrusion or appurtenance projected above ground level, unless
said appurtenance, protrusion, etc., is the property of the owner
of said newsrack.
D.
Machines may be chained or otherwise attached to one
another; however, no more than two machines may be joined together
in this manner, and a space of not less than 18 inches shall separate
each group of two machines so attached.
E.
No machine or group of attached machines shall weigh,
in the aggregate, in excess of 125 pounds, when empty.
F.
No newsrack shall be placed, installed, used or maintained:
(1)
Within five feet of any marked crosswalk.
(2)
Within 15 feet of a curb return of any unmarked crosswalk.
(3)
Within 10 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
of pedestrians is reduced to less than six feet.
(6)
Within five feet of or on any public area improved
with lawns, flowers, shrubs, trees or other landscaping.
(7)
Within 100 feet of any church, park, playground or
public schoolhouse or private schoolhouse conducted for nonpecuniary
profit.
(8)
Within three feet ahead of and 15 feet to the rear
of any sign marking a designated bus stop.
(9)
Within four feet of any bus bench.
(10)
Within six feet as measured along the building
line of any display window of any building abutting the sidewalk or
in such location as to impede or interfere with the reasonable use
of such window for display purposes.
[Amended 9-21-1993 by Ord. No. 923-93]
For violation of any provision of this chapter, the maximum penalty, upon conviction, shall not exceed the maximum penalties set forth in Chapter 1, General Provisions, Article III. Each and every violation of any provision of this chapter shall be considered a separate violation and shall subject the person so charged to the maximum penalty.
