Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Clark as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 294.
[Derived from Sec. 4-10 of the 2002 Revised General Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
A. 
Newsracks and newspaper vending machines have been installed within the Township at locations which have caused traffic problems and hindered the health, safety and welfare of the residents of the community and visitors passing through the Township and have resulted in loss of travel enjoyment.
B. 
As a result of these problems, it is necessary to regulate and control the installation and location of such newsracks and newspaper vending machines.
As used in this article, the following terms shall have the meanings indicated:
MAINTAIN
To place, install, maintain or operate a newspaper vending machine.
NEWSPAPER VENDING MACHINE or NEWSRACK
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, including, but not limited to, newspapers.
PUBLICATION
Any newspaper, magazine, periodical or similar printed matter.
ROADWAY
The portion of a street improved, designed or ordinarily used for vehicular travel.
SIDEWALK
The area between the edge of the roadway and the property line adjacent thereto, including both paved and unpaved areas.
STREET
All the area dedicated to public use for public street purposes, including, but not limited to, roadways, alleys and sidewalks.
UNPROTECTED LANDSCAPED AREA
An area improved with flowers or shrubs that is not protected by either a man-made barrier, such as a fence, or a natural barrier, such as a hedge.
No person shall maintain any newsrack on any street, sidewalk, roadway or unprotected landscaped area without obtaining a permit therefor from the Police Department within 30 days after its placement.
A. 
Application for a permit shall be made on forms provided by the Police Department. The application shall show:
(1) 
The name, address and telephone number of the owner or licensee.
(2) 
The location of the newsrack.
(3) 
The name and address of the individual who is to receive notices and service of legal process pursuant to this article.
B. 
The application shall be submitted to the Police Department within 15 days of installation and/or placement of a newsrack.
The Police Department shall examine the location of the proposed newsrack for compliance with this article and shall inform the person who filed the application of its specific noncompliance or issue a permit for maintenance of the newsrack within 15 days of receipt of the application.
A. 
The annual fee for each permit for the maintenance of a newsrack shall be $12.
B. 
All permits shall expire on December 31 of the year of issuance.
C. 
Permits shall be renewable. The application to renew such permit shall be made no later than 30 days nor more than 60 days prior to the expiration of the existing permit.
Any newsrack which, in whole or in part, rests upon or over any public sidewalk shall comply with the following standards:
A. 
No newsrack shall exceed 60 inches in height, 24 inches in width or 20 inches in thickness.
B. 
No newsrack shall be used for advertising signs or publicity purposes other than that solely dealing with the name of the newspaper or publication sold thereon.
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 the newsrack door does not open. The coin-return mechanism 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 a notice, at least three inches by five inches in size, setting forth the name and address of the owner and the telephone number of a working telephone service to call to report a malfunction, to secure a refund in the event of a malfunction of the coin-return mechanism or to give the notices provided for in this article.
E. 
Each newsrack shall be 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 of inserts thereof, if any, are reasonably free of tears, peeling or fading.
Any newsrack which rests, in whole or in part, on any portion of a public right-of-way, or which projects onto, into or over any part of any public right-of-way, shall be located in accordance with the following provisions:
A. 
No newsrack shall rest, extend or project onto, into or over any part 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;
(3) 
Unreasonably interferes with the ingress or egress from any residence or place of business; or
(4) 
The color unreasonably interferes with the use of traffic signs or signals and hydrants located at or near such location.
C. 
Newsracks shall be chained, bolted or otherwise secured so as to prevent their being blown down or around the public right-of-way.
D. 
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than six feet along a curb, and each group shall be separated by at least three feet.
E. 
No newsrack shall be placed, installed, used or maintained:
(1) 
Within 10 feet of any marked crosswalk.
(2) 
Within 12 feet of a curb return or 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) 
Within five feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
(6) 
In any no-parking or no-standing zone.
(7) 
On any bridge at any location whereby the clear passageway of pedestrians is reduced to less than six feet.
(8) 
So that the door of the newsrack opens toward the roadway.
F. 
No newsracks shall be placed along the following streets and/or roadways:
(1) 
Brant Avenue, between Westfield Avenue and Garden State Parkway Circle.
(2) 
Central Avenue, from the Garden State Parkway Circle to the Town of Westfield border.
(3) 
Raritan Road, between Ruddy Street and James Avenue.
(4) 
Westfield Avenue, between Bartell Place and Benjamin Street and between Kenneth Place and Old Raritan Road.
A. 
The Police Department shall give written notice to any person who maintains a newsrack in violation of this article. If such violation is not corrected or the newsrack is not removed within 10 days of the date of the notice, the penalty stated in Chapter 1, Article III, General Penalty, shall be assessed for each and every day that the violation continues, and the Police Department may impound the newsrack.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Police Department shall give notice to the owner of any newsrack impounded pursuant to this section. If such impounded newsrack is not claimed by its owner within 30 days of such notice, it shall be deemed abandoned, and the Police Department may dispose of same without liability to the owner.
[Adopted by Ord. No. 97-14 (Sec. 3-4 of the 2002 Revised General Ordinances)]
In view of indiscriminate sales of cigarettes to minors by automatic vending machines, all cigarette vending machines are hereby prohibited in the Township of Clark.
The provisions of this article shall not apply to premises licensed for on-premises consumption of alcoholic beverages pursuant to N.J.S.A. 33:1-12 so long as:
A. 
The cigarette vending machine is located in the immediate area where alcoholic beverages are sold; and
B. 
The vending machine is controlled by a lockout device which will activate the vending machine for not longer than five minutes and allow only one vend.
Except as set forth in § 357-11, persons operating, renting or permitting the use of a cigarette vending machine on premises under his, her, their or its control shall be liable to the penalty stated in Chapter 1, Article III, General Penalty. Each day on which such a vending machine is operated on the premises shall be considered a separate violation, and the penalty herein shall be assessed for each such offense.