[HISTORY: Adopted by the Mayor and Council of the Borough of Westwood 9-16-2008 by Ord. No. 08-30. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The person responsible for placing and maintaining a newsrack on a public right-of-way.
- 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 and sale of newspapers only.
- That the work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays the prohibited sexually explicit material in a manner which, taken as a whole, lacks serious literary, artistic, political or scientific value.
- PICTORIAL MATERIAL
- Any material suggesting or conveying a visual image and includes, but is not limited to, a photograph, painting or drawing.
- That portion of a street improved, designated or ordinarily used for vehicular travel.
- Any surface provided for the exclusive 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 or sidewalk, or in any other public way or place, in the Borough of Westwood any newsrack without first having obtained a permit from the Borough Clerk specifying 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.
Application for such permit shall be made, in writing, to the Borough Clerk and approved by the Mayor and Council upon such form as shall be provided by them 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.
Permits may be issued for the installation of a newsrack or newsracks without prior inspection of the location, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this chapter. An annual permit fee of $10 per newsrack is required.
Such permits shall be valid for a period of one year, beginning June 1 and expiring on May 31 of the following year, and shall be renewable pursuant to the procedure for original applications and upon payment of the permit fee of $10 per newsrack.
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 that they will jointly and severally defend, indemnify and hold the Borough 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.
Before a newsrack permit is issued 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 Borough of Westwood 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."
Before the issuing authority may issue a newsrack permit to any person, that person must file with the Borough Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $1,000,000 against loss from liability imposed by law upon the distributor for damages on account of bodily injury or death suffered by any one person 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 newsracks permitted, and no license shall continue effective unless such insurance, in the full and collectible amount of $1,000,000 for one person and $1,000,000 for more than one person for bodily injuries or death and $50,000 for property damage, 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 newsracks or any fault in respect thereto and shall be for the benefit of any person suffering loss, damage or injury as aforesaid.
Any newsrack which, in whole or in part, rests upon or over any public sidewalk or parkway shall comply with the following standards:
No newsrack shall exceed 40 inches in height, 24 inches in width or 20 inches in thickness.
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper sold therein.
Each coin-operated newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.
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 call 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 chapter.
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:
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.
Any newsrack which rests, in whole or in part, upon or on 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.
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.
No newsrack shall be permitted to rest upon, in or over any public 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 vehicle;
Unreasonably interferes with the ingress to or egress from any residence or place of business; or
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
The newsrack or newsracks shall be chained, bolted or otherwise secured so as to prevent their being blown down or around the public right-of-way.
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than four feet along a curb.
No newsrack shall be placed, installed, used or maintained:
Within three feet of any marked crosswalk.
Within 12 feet of the curb return of any unmarked crosswalk.
Within five 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 100 feet of any other newsrack on the same side of the street in the same block containing the same issue or edition of the same publication.
Within 200 feet of any church, park, playground or public school house or private school house not conducted for pecuniary profit or any store which, as of the date of this chapter, offers newspapers for sale. Said 200 feet shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church, park, playground, school or store to the location of the newsrack sought to be permitted. The limitations of this subsection may be waived at the issuance of the license and at each renewal thereafter on authority of such church, school or store, such waiver to be effective until the date of the next renewal of the license.
Any person or persons, firm, partnership, association or corporation, or employee thereof, who shall violate any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $500.