[R.O. 1951, Ch. 3, § 1]
No person shall erect or place any sign, show bill, showboard
or billboard in any public street or place, except such as shall be
authorized by the Township Council.
[Ord. No. 1169, § 9]
No person shall throw, cast or distribute or permit to be thrown,
cast or distributed any handbill, circular, card, booklet, placard
or other advertising matter in or upon any street, public place, front
yard, courtyard, stoop, vestibule or hall of any building or letter
box therein. This section shall not be deemed to prohibit or otherwise
regulate:
[R.O. 1951, Ch. 3, § 5]
No person shall place any sign or advertisement or other matter
upon any pole, tree, curbstone, sidewalk or elsewhere in any public
street or public place, except such as may be authorized by the Township
Council.
[R.O. 1951, Ch. 3, § 4]
No person shall attach or cause to be attached to any tree,
telegraph pole, sign, billboard, post or fence any circular, card
or pamphlet designed primarily for advertising sales of merchandise,
goods or wares.
[R.O. 1951, Ch. 3, § 6]
No person shall injure, deface, obliterate, remove, take down
or disturb or in any other manner interfere with or disturb any sign
containing the name of any street or public place or any bulletin
board, sign or notice erected, posted or placed bearing the name of
the Township Council or any officer of the Township.
[R.O. 1951, Ch. 3, § 7; Ord. No. 3332, 6-9-1992, § 1]
(a)
In the event that any property owner or occupier of business or residential
premises in the Township desires that any publication, including but
not limited to regional and local newspapers and advertising shoppers,
not be delivered either temporarily or permanently to the property,
the owner or occupier may notify the publisher and/or the delivery
agent by certified mail, return receipt requested, of that fact. The
owner or occupier shall also furnish a copy of the notification letter
to the Township Clerk, but the failure to do so shall not bar prosecution
or culpability hereunder.
(b)
Upon receipt of the initial notice by the publisher, it shall furnish
a copy of said notice to its delivery agent. Upon receipt of the initial
notice by its delivery agent, it shall furnish a copy of said notice
to the publisher. The failure of the publisher or delivery agent to
notify the other as aforesaid shall not bar prosecution of the other
or culpability of the other hereunder.
(c)
If, after receipt of notice as aforesaid and the expiration of 10
days, deliveries of any publication referred to in said notice have
not been discontinued, then the publisher and the delivery agent,
if different than the publisher, shall be jointly and severally in
violation of this chapter.[1]
[Ord. No. 3435, 11-14-1995, § 1; amended
by Ord. No. 3501, 6-10-1997, § 1; Ord. No. 3648, 9-12-2000, § 1; Ord. No. 4080, 6-24-2008, § 4]
(a)
DISTRIBUTOR
MAGAZINE
NEWSPAPER
NEWSRACK
ROADWAY
SIDEWALK
STREET
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person responsible for placing and maintaining a newsrack
in a public street as herein defined.
A periodical which usually contains a miscellaneous collection
of articles, stories, poems and pictures and is directed to the general
reading public.
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.
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
or sale of newspapers or magazines not devoted solely to commercial
advertising and dispensed by said newsrack either free or for a consideration.
That portion of a street improved, designated or ordinarily
used for vehicle 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.
(b)
Purpose and intent. It is the purpose and intent of this section,
in the interests of public safety, aesthetics and the general welfare
of the Township, to reasonably regulate the placement, maintenance
and operation of newsracks within the Township of Teaneck. Newsracks
dispensing newspapers, magazines or any other material that are devoted
primarily to commercial or advertising purposes rather than news and
nonadvertising material are not permitted.
(c)
Compliance required; permit required.
(1)
No person, firm or corporation shall place, maintain or operate any
newsrack within the Township of Teaneck, except in conformity with
the requirements of this section, which specific locations shall be
determined upon permit application to the Construction Official.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Any person, firm or corporation seeking to place, maintain or operate
any newsrack must first apply for and obtain a permit from the Construction
Official of the Township, which permit shall specify the exact location
of such newsrack or newsracks. One permit may be issued to include
any number of newsracks and shall be signed by the applicant.
(d)
Application for permit. Application for such permit shall be made,
in writing, to the office of the Construction Official of the Township
of Teaneck upon such form as shall be provided 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.
The application must be accompanied by a sketch or drawing of the
proposed newsrack showing the dimensions thereof.
(1)
If the applicant meets all the requirements of the provisions of
this section, the permit shall be issued within 10 days.
(2)
If the application is denied, the Construction Official, within 10
days by regular mail, shall set forth in writing the reasons for the
denial.
(3)
Such denial by the Construction Official may be appealed within 30
days to the Township Manager, who shall render a decision within 30
days.
(e)
Conditions for permit; fee; term; liability insurance.
(1)
Permits may be issued for the installation of a newsrack or newsracks,
but such newsrack or newsracks and the installation, use or maintenance
thereof shall be conditioned upon compliance with the provisions of
this section. An annual permit fee shall be established by the general
Fee Ordinance of the Township.[1]
(2)
The permit shall be valid for a period of one year, on a fiscal-year
basis, commencing on July 1, and shall be renewable on July 1 of any
subsequent year.
(3)
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 for filing such application do represent,
stipulate, contract and agree that they will jointly and severally
defend, indemnify and hold the Township of Teaneck 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 issuance
of the permit or the control, maintenance or ownership of the newsracks
permitted.
(f)
Maintenance; installation. Any newsrack which in whole or in part
rests upon or over any public sidewalk, roadway or street and which
is so permitted in a location under the terms of this section shall
comply with the following standards:
(1)
No newsrack shall exceed 60 inches in height, 30 inches in width
or 24 inches in thickness.
(2)
No newsrack shall be used for advertising signs or publicity purposes
other than those dealing with the display, sale or purchase of the
news materials sold therein.
(3)
Each newsrack wherein a consideration is charged for the dispensing
of its product 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 is unable to receive the publication paid for. The coin-return
mechanisms shall be maintained in good working order.
(4)
Each newsrack shall have affixed to it, in 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 or to secure a
refund in the event of a malfunction of the coin-return mechanism
or to give the notices provided for in this section.
(5)
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:
a.
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof.
b.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
c.
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents or blemishes and discolorations.
d.
The paper or cardboard parts or inserts thereof, if any, are reasonably
free of tears, peeling or fading.
e.
The structural parts thereof are not broken or unduly misshapen.
f.
It is free from all graffiti.
(6)
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 nudity or offensive sexually
explicit material.
(7)
Each newsrack shall be maintained to prevent the newspapers or magazines
from being scattered about the area.
(8)
Each newsrack not located on an existing sidewalk or other hard surface
area shall be placed on a precast concrete base. Installation, maintenance
and removal of the base shall be the responsibility of the distributor.
(g)
Location and placement. No newsrack shall be placed or permitted
except in conformity with the provisions of this section and upon
permit application to the office of the Construction Official. Any
newsrack 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 the following:
(1)
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 or over any portion of the roadway of any public
street.
(2)
No newsracks shall be permitted to rest upon, in or over any public
street or sidewalk when such installation, use or maintenance:
a.
Endangers the safety of persons or property.
b.
Unreasonably interferes with or impedes the flow of pedestrian or
vehicular traffic.
c.
Unreasonably interferes with access to or exit from any legally parked
vehicle.
d.
Unreasonably interferes with the ingress or egress from any residence
or place of business.
e.
Unreasonably interferes with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near said location.
f.
Unreasonably interferes with or impedes the operation of any bus
stop.
(3)
A newsrack or newsracks shall be placed or otherwise secured so as
to prevent their being blown down or around the public street or sidewalk
but shall not be chained or otherwise secured to any traffic or street
signs, signals, hydrants, trees or mailboxes.
(4)
No newsracks shall be placed, installed, used or maintained:
a.
Within three feet of any marked crosswalk or handicap curb ramp.
b.
Within 10 feet of any fire hydrant.
c.
Within five feet of any fire call box.
d.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than four feet.
e.
Within five feet of any standby or sprinkler connection or related
safety or fire equipment.
f.
Within five feet of any building, showroom or display window.
g.
In a cluster or grouping where more than six newsracks are together.
There shall be no more than one cluster on the same side of the street
in any block.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
h.
To cause a sight line obstruction at any intersection or driveway.
(h)
Abandonment. In the event that a newsrack remains empty for a period
of 10 continuous days or does not contain the publication specified
in the application therefor within 96 hours after the release of the
current issue, the Construction Official may deem the newsrack abandoned
and may, after having given 30 days' written notice to the applicant
to remedy the problem specified in said written notice, remove the
newsrack from the public right-of-way and/or impound said newsrack.
(i)
Removal of newsracks. In the event that a newsrack does not conform
to any of the provisions of this section, the Construction Official
may deem the newsrack a nonconforming newsrack and may, after having
given 30 days' written notice to the applicant to remedy the problem
specified in said written notice, remove the newsrack from the public
right-of-way and/or impound said newsrack. Newsracks that do not contain
proper owner/operator identification permanently attached thereto
may be removed by the Township at any time without notice.
(j)
Storage after removal. For any newsrack that is removed or impounded in accordance with this section and then stored by the Township, the Township shall charge a storage fee in an amount as set forth in Appendix III, Fees and Charges for Certain Township Services, of Chapter 2 of this Code. In addition to the foregoing, the provisions as to impoundment of shopping carts contained in §§ 31-3, 31-4, 31-5, 31-6, 31-7 and 31-8 of the Township Code are hereby incorporated herein by reference as if at length set forth herein, except that in place and stead of "shopping carts" shall be substituted "newsracks," and in place and stead of the "Chief of Police," shall be substituted the "Construction Code Official" or "Construction Official."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(k)
Violations and penalties. In addition to all enforcement procedures provided herein, any violation of the provisions of this section shall be subject to prosecution as a violation and, upon conviction, shall subject the violator to the penalties prescribed by § 1-6 of the Code of the Township of Teaneck or shall be subject to a civil penalty of $500 for each offense collectible in a civil action and/or shall be subject to an action in a court of competent jurisdiction to compel compliance or to restrain by injunction any violation. Each day that a violation of this section continues after due notice from the office of the Construction Official to the violator shall be deemed a separate and distinct violation for each separate newsrack.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person who is found to be in violation of this chapter shall,
except as otherwise provided, be subject to a fine of not less than
$100 for the first offense and a fine of not less than $100 nor more
than $1,000 for each subsequent offense, as determined by the Judge
of the Municipal Court. Each separate delivery on subsequent dates
shall constitute a separate offense.
