[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 6-18-2008 by Ord. No. 1942-08. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 444.
As used in this chapter, the following terms shall have the meanings indicated:
- Any self-service or coin-operated box, container or other closed device used, designed or maintained for the display, sale or distribution of publications, including, but not limited to newspapers, pamphlets, flyers, advertising supplements or other such printed material, whether the same is offered for sale or for free distribution. Included within such definition shall be the stand or supporting device on which such container is mounted or affixed.
- PUBLIC RIGHT-OF-WAY
- Any place dedicated for use by the public for pedestrian or vehicular travel, including but not limited to any street, sidewalk, curb, gutter, highway, road, tunnel, bridge, park, square, path or other similar public way.
- That part of a public right-of-way that is designated and used primarily for vehicular traffic.
- That part of a public right-of-way that is designated and used primarily for pedestrian travel.
No newsrack shall be located in the Borough of Hawthorne without a permit first being obtained from the office of the Borough Administrator.
The application for a permit shall be upon a form as provided by the office of the Administrator and shall provide at a minimum the following information:
The name, address and phone number of the applicant. If the applicant is a corporation, partnership, LLC or other entity, the name, address and phone number of a contact person shall be provided who shall act as applicant's agent for purposes of receiving notices under this chapter.
The intended location of the newsrack.
Specifications of the newsrack in terms of height, width and depth.
A written statement signed by the applicant providing that the applicant shall hold harmless and indemnify the Borough of Hawthorne for any damages incurred resulting from the applicant's installation, maintenance and operation of a newsrack on any sidewalk or similar public right-of-way. In lieu of such statement, a certificate of insurance in form satisfactory to the Borough Attorney naming the Borough as additional insured may be provided.
In the event of a change of ownership of a newsrack, the new owner shall immediately provide written notification to the office of the Administrator informing the office of the change and providing the name, address and phone number of the new owner.
At the time the applicant submits the application to the office of the Administrator, the applicant shall pay a fee of $25.
Permits issued pursuant to this chapter shall terminate at the expiration of the calendar year and must be renewed each year thereafter. The fee for renewal of a permit is $25.
If the Administrator or his or her designee is satisfied that the intended location and specifications of the newsrack conform to this chapter, he or she shall issue the permit to the applicant no later than five business days following receipt of the completed application. If the intended location and specifications of the newsrack do not conform to this chapter, the permit shall be denied. Written notice of the denial shall be mailed to the applicant no later than five business days following the receipt of the completed application. If the basis for denial is due solely to location, the application may be amended to state a different location as agreed upon by the parties that conforms to this chapter.
Newsracks shall not be placed, installed, used or maintained in a public right-of-way:
Within 10 feet of any marked crosswalk or the curb return of any unmarked crosswalk and in any event not beyond the stop line.
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within five feet of any driveway.
Within five feet ahead of and 25 feet to the rear of any sign marking a designated bus stop.
Within five feet of any bus bench.
At any location whereby the clear space of the passageway of pedestrians is reduced to less than five feet.
In a manner which obstructs the motoring public's view of pedestrians or traffic and parking signage.
In any manner which would inhibit the opening of a vehicle passenger side door where parking or stopping is permitted.
In a manner which requires the newsrack be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object, unless the owner has consented in writing; or to loose objects, including but not limited to bricks, rocks, cinder blocks or pipes.
In such a manner that the same projects onto, into or over any part of the roadway or which rests in any manner upon the roadway.
Within three feet of any public area improved with lawn, flowers, shrubs or other landscaping.
In addition to the foregoing, no newsrack shall be located in such a manner where its installation 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 or egress from any residence or place of business.
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
Newsracks may be placed next to one another; provided, however, that no group of newsracks shall extend for a distance of more than four feet along a curb with a minimum of three feet between clusters of newsracks.
Newsracks shall be serviced and maintained so that:
They are free of dirt, grease and graffiti.
They are free of chipped, faded, peeling and cracked paint.
They are free of rust and corrosion.
The clear plastic or glass components are unbroken and free of cracks and dents.
The paper or cardboard components or inserts thereof are free of tears, peeling or fading.
The structural parts thereof are not broken or misshapen.
Newsracks shall not exceed the following dimensions: 48 inches in height; 20 inches in depth; and 24 inches in width.
No newsrack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale or purchase of the newspaper sold therein.
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 malfunction of the coin-return mechanism, to give the notices provided for in this chapter.
Upon determination of the Administrator or his or her designee that a newsrack has been installed, maintained or used in violation of this chapter, an order to correct the violation shall be issued by posting a copy of the order on the newsrack itself and by mailing a copy of the order to the owner or designated agent of the newsrack. The order shall specifically describe the violation or violations being committed.
Any person who does not comply with an order referenced above within 10 days may be subject to the following:
The issuance of a summons by the Property Maintenance Officer or any other law enforcement officer. Any person, upon conviction, shall be subject to a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days.
Removal of the newsrack. Prior to removal, the office of the Administrator must notify the newsrack owner or agent of its intent to remove in writing. The newsrack may be removed from the public right-of-way 35 days following notice if the owner or designated agent of the owner has not requested a hearing as provided by § 329-7A of this chapter and the violation or violations set forth in the notice have not been corrected. If the newsrack owner or agent cannot be ascertained, notice shall be accomplished by publishing a notice as provided by law.
Each and every day a violation continues or occurs constitutes a separate offense.
Emergency removal. The Administrator or his or her designee may immediately remove a newsrack from the public right-of-way if the condition or location of the newsrack presents a serious and immediate threat to public health and safety.
If a newsrack is removed from the public right-of-way pursuant to this section, the Administrator or his or her designee shall notify the owner or designated agent of the owner of the removal by written notice. The notice shall contain an explanation of the reasons for the removal as well as information regarding how the owner may retrieve the newsrack. If the owner or designated agent fails to retrieve the newsrack within 90 days of mailing of the notice, and a hearing on the removal has not been requested pursuant to § 329-7A of this chapter, the Administrator may dispose of the newsrack using any reasonable method.
Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this chapter may request a hearing before the Municipal Council in the manner provided herein.
The party requesting the hearing must provide written notice to the Administrator within 30 days of receipt of notice of the finding, determination, notice, order or action taken.
If the appeal concerns an existing newsrack, the newsrack shall not be removed from its location except as provided by § 329-6C of this chapter while the appeal is pending.
The Council shall provide the appellant an opportunity to be heard at the hearing, present relevant evidence in support of his or her position and cross-examine adverse witnesses. The appellant may be represented by legal counsel.
The decision of the Council shall be reduced to writing and delivered to the newsrack owner or agent of the owner by certified mail no later than 15 days following the hearing.
Newsracks in place in the Borough prior to the effective date of this chapter shall be brought into compliance within this chapter by no later than January 31, 2009. The Administrator or his or her designee shall notify all existing newsrack owners or agents of the compliance date in writing. If the owner or agent cannot be ascertained, then the publication of this chapter shall be deemed valid notice for such purpose.