[HISTORY: Adopted by the Mayor and Council of the Borough
of Bradley Beach 7-8-2014 by Ord. No. 2014-14. Amendments noted
where applicable.]
The regulation of newspaper distribution boxes, as provided
in this chapter, is intended to advance the public purposes of furthering
vehicular and pedestrian traffic safety, preventing obstructions to
vehicular and pedestrian traffic, facilitating the maintenance of
public sidewalks and public areas, insuring the safety of the public,
and preventing unsightly and aesthetically undesirable uses of public
sidewalks, public areas and other areas open to the public view, while
providing reasonable access to newspaper distribution boxes (dispensing
machines).
As used in this chapter, the following terms shall have the
meanings indicated:
A public right-of-way located along the beach or oceanfront
constructed of wood boards, concrete or pavers supported by wood piles
used for the purpose of pedestrian traffic to promenade along the
beach front and as access to the beach, public rest areas, recreational
facilities, commercial establishments and such other buildings as
may be constructed or placed along or on such boardwalk. The definition
shall include access ramps and stairs.
Any person, firm or corporation or other entity responsible
for placing and maintaining a newspaper distribution installed, used
or maintained for display and sale of newspapers and newspaper periodicals.
The terms "newsrack," "newspaper distribution box" or "newspaper distribution
machine" shall be considered interchangeable.
[Amended 6-12-2018 by Ord. No. 2018-13]
The walkway located along the westerly side of the boardwalk
located between the bulkhead, access ramps and the easterly edge of
Ocean Avenue.
It shall be unlawful for any person, firm, corporation or other
entity to erect, place, maintain or operate, on any public street
or sidewalk, or in any other public way or place in the Borough of
Bradley Beach, any newspaper distribution box (machine) without first
having obtained a permit from the Code Office.
No vending machines, including ice machines, shall be placed,
installed, used or maintained out of doors on any right-of-way, public
area or public walkway.
Application for a permit shall be made, in writing, to the Code
Office upon such form as shall be provided and shall obtain the name
and address of the applicant, the proposed location of the said news
box, and such other information as may be required at the discretion
of the Code Office and shall be signed by the applicant or its designated
representative.
A.
As an express condition of the acceptance of such permit, the permit
holder thereby agrees to indemnify and save and hold harmless the
Borough of Bradley Beach, its council, officers, directors and employees
against any loss or liability or damage, including expenses, counsel
fees, costs for bodily or personal injury, and for property damage
sustained by any person, or corporation, as the result of the installation,
use or maintenance of a newsrack within the Borough. The fact or assertion
that the permit holder was in complete compliance with this chapter
shall not invalidate this express.
B.
Permits shall be issued for the installation of a newsrack without
prior inspection of the site; however, the issuance of a permit, or
permits, is expressly conditioned upon compliance with all provisions
of this chapter and in compliance with all other ordinances, statutes,
rules and regulations lawfully promulgated. Permits shall be issued
within 10 business days of submission of an application in compliance
with all requirements. The permit fee for the year 2014 shall be $25
for the first machine and $20 for each additional machine included
in the application plus an annual tourism fee of $75. Subsequent yearly
permit fees may be set by yearly resolution of the Mayor and Council
and are on file in the Borough Clerk's office.
C.
Permits shall be valid for the calendar year in which the permit
is issued and shall be renewable pursuant to submission of a new application
and compliance with this chapter and payment of the required fees.
All newsracks must comply with the following standards:
A.
No newsracks shall exceed 50 inches in height, 32 inches in width,
or twenty-four 24 inches in depth.
B.
No newsracks shall be used for advertising signs or publicity purposes
other than dealing with the display, sale or purchase of the newspapers
or news periodical 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
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 a notice setting forth
the name and address of the distributor and the telephone of a working
telephone service to call to report a malfunction or to secure a refund
in the event of a malfunction of the machine.
E.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limitation,
each newsrack shall be serviced and maintain so that:
(1)
It is reasonably free of dirt and grease.
(2)
It is reasonable free of rust and corrosion in the metal areas thereon.
(3)
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereon.
(4)
The clear plastic or glass parts thereof, if any, through which the
publication therein is viewed, must be unbroken and reasonably free
of cracks, dents, blemishes and discoloration.
(5)
The paper or cardboard parts or insets thereof are reasonably free
of tears, peeling or fading.
(6)
The structural parts thereof are not broken or unduly misshaped.
(7)
The newsrack must be in good operating condition.
(8)
The newsracks may be secured to one another but may not be secured
to any pole, fence, railing or other structure not belonging to the
permit holder.
F.
In the event any newsrack is not in compliance with any of the standards
or requirements herein and remains in such noncompliance for a period
of 30 days, then the Borough may seize the machine and dispose of
it in any manner deemed appropriate in the discretion of appropriate
Borough officials. Said disposal may be made without notice to the
owner of the machine and without liability to the official taking
said action.
[Amended 6-12-2018 by Ord. No. 2018-14; 6-12-2018 by Ord. No. 2018-15]
A.
Newsracks
may only be located along Main Street and no other streets, roads,
avenues, alleyways, lanes or other passageways in the Borough of Bradley
Beach.
B.
No newsrack
shall be used, located 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, lane, avenue or other passageway. The location must be agreed
upon by the property owner and/or tenant and receive final approval
by the Code Officer.
C.
No newsrack
shall be permitted to rest upon, in or over any public sidewalk or
walkway, when such installation, use or maintenance endangers the
safety of persons or property, or when such location is used for other
public purposes or government uses, or when such newsrack unreasonably
interferes with or impedes the flow of pedestrian or vehicular traffic,
or otherwise interferes with ingress or egress from a residence, commercial,
public or other structure, or interferes with any other lawful public
purpose or structure.
