[Adopted 9-28-1983 by Ord. No. 1586 (Ch. 102, Art. VI, of the 1975 Borough
Code)]
[Amended 3-27-1985 by Ord. No. 1618]
As used in this article, 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 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.
The showing of less than a fully opaque covering of the genitals,
pubic hair, buttocks, mata, cleft, perineum, anus or anal region of
any person, other then a child under the age of puberty, or any portion
of the breast at or below the aureole thereof, of any female person
other than a child under the age of puberty, or the depiction of covered
male genitals in a discernible turgid state.
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.
Any material suggesting or conveying a visual image and includes
but is not limited to a photograph painting of scientific value.
That portion of a street improved, designated or ordinarily
used for vehicular travel.
Any pictorial material depiction of human sexual intercourse,
husband or animal masturbation, bestiality and intercourse, human-animal
intercourse, excretory functions, homosexual acts, direct physical
stimulation or touching of unclothed genitals or pubic areas of the
human male or female, flagellation or torture by or upon a person
in the context of a sexual relationship or sexual stimulation. The
material shall be judged without regard to any covering which may
be affixed or printed over the material in order to obscure genital
areas in a depiction otherwise falling within the definition of these
subsections. Works of art or of anthropological significance are not
included within the definition of this subsection.
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.
[Amended 3-27-1985 by Ord. No. 1618]
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 within the Borough of Roselle,
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.
[Amended 3-27-1985 by Ord. No. 1618]
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, the proposed specific location of said newsrack
or newsracks and shall be signed by the applicant.
[Amended 3-27-1985 by Ord. No. 1618]
A.
Permits may be issued for the 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 article. An annual permit fee of $100 is required.
B.
Such permit 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 referred to in § 400-40 and upon payment of the permit fee of $100.
C.
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 harmless the Borough 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.
D.
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 Roselle 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.
E.
Before the issuing authority may issue a newsrack permit to any person,
that person must file with the Borough Clerk a copy of a liability
insurance policy with a company duly licensed to transact business
in conformity with the Laws of the State of New Jersey, showing either
specific coverage in favor of the Borough of Roselle or blanket coverage
which would include the Borough of Roselle, in the amount of $1,000,000
for bodily injury and $50,000 for property damage, which coverage
shall remain in force during the entire term of the license.
[Amended 3-27-1985 by Ord. No. 1618]
Any newsrack which, in whole or part, rests upon or over any
public sidewalk or parkway 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 dealing with the display, sale or purchase of the
newspaper sold therein.
C.
Each newsrack shall be equipped with a coin return mechanism to permit
a person using the machine to secure on immediate refund in the event
that he is unable to receive the publication paid for. The coin return
mechanism shall be maintained in good working order at all times.
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 number of
a working telephone service to call to report a malfunction of the
coin return mechanism or to give the notices provided for in this
article.
E.
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:
(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, peelings or fading.
(5)
The structural parts thereof are not broken or unduly misshapen.
F.
It shall be unlawful for any person or place to maintain any publication
or material in newsracks which expose to public view any pictorial
material which depicts or appears to depict nudity or offensive sexually
explicit material.
[Amended 3-27-1985 by Ord. No. 1618]
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.
A.
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.
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 or
vehicular traffic, including any legally parked or stopped vehicle;
(3)
Unreasonably interferes with the ingress or egress from any residence
or place of business; or
(4)
Unreasonably interferes with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near said location.
C.
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.
D.
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.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of any unmarked crosswalk.
(2)
Within 12 feet of any curb return of any unmarked crosswalk.
(3)
Within five feet of any fire hydrant, fire call box, police call
box or other emergency facility.
(4)
Within five feet of any driveway.
(5)
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six feet.
(6)
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping.
(7)
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.
(8)
Within 200 feet of any church, park, playground or public schoolhouse
or private schoolhouse, not conducted for pecuniary profit, or any
store which, as of the date of this ordinance, offered 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 on 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.
F.
No newsrack shall be attached to any public property without the
prior written approval of Mayor and Council.
Any person or persons, firm, partnership, association or corporation
or employee thereof, who shall violate any of the provisions of this
article shall, upon conviction thereof, be subject to a fine not exceeding
$100.
[Added 12-14-1983 by Ord.
No. 1592]
The Superintendent of Highways shall have the authority to make
compliance inspections under the provisions of this article.
[Added 12-14-1983 by Ord.
No. 1592]
The Superintendent of Highways shall have the authority to issue
summonses for violations of this article.
