[HISTORY: Adopted by the Township Council of the Township of Franklin 11-25-1986
by Ord. No. 1308 (Ch. 165 of the 1990 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 333.
As used in this chapter, the following terms shall have 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 United States Postal Service 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 coin-operated box, container, storage unit or other
dispenser installed used or maintained for the display and sale of newspapers
only.
That portion of a street improved, designated or ordinarily used
for vehicular travel.
That portion of a highway intended for the use of pedestrians, between
the curbline or the lateral line of a shoulder or, if none, the lateral line
of the roadway and the adjacent right-of-way line.
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 4-8-1998 by Ord. No. 2071]
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 Township of Franklin any newsrack without first submitting
a completed application to the Township Clerk, receiving approval from the
Franklin Township Police Department, obtaining a decal from the Township Clerk
and affixing that decal to the newsrack. Any newsracks being operated without
such decal shall be in violation of this chapter. No fee shall be required
for such decal.
[Added 4-8-1998 by Ord. No. 2071]
Within two days of receipt of the application, the Township Clerk shall
forward the application to the Franklin Township Police Department. Within
15 days of receipt of the application from the Township Clerk, the Franklin
Township Police Department shall approve the application, and shall direct
the Township Clerk to give the applicant a decal, if the application meets
all requirements of this chapter, including but not limited to the location
of the newsrack. If the application does not meet all requirements of this
chapter, the Franklin Township Police Department shall send to the applicant,
via certified and regular mail, written notice of such denial, listing the
reason(s) for denial. Applicants whose applications were denied may file a
new application, with the appropriate changes, at any time.
The application for a newsrack permit shall require the following information
from the applicant: name, address, phone number and contact person of the
newspaper, proposed location of the newsrack, and a disclaimer to be signed
by the newspaper that it is familiar with the requirements of this chapter.
There shall be no fee to file this application.
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 an 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.
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 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.
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 or inserts thereof, if any,
are reasonably free of tears, peelings or fading.
(5)
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
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.
(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 six feet
along a curb.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within 12 feet of a 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)
Within three feet of or on any public or other area improved
with lawn, flowers, shrubs, trees or other landscaping. However, newsracks
shall be allowed within three feet of or on public grass area between the
curb and the sidewalk.
[Amended 4-8-1998 by Ord. No. 2071]
(6)
Located in such a manner as to obstruct the line of sight
of motorists.
(7)
Located adjacent to a roadway unless there is adequate
shoulder area to allow motorists to park while using the newsrack without
impeding traffic on the roadway.
