[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 12-29-1998 by Ord. No. 1172.[1] Amendments noted where applicable.]
As used in this chapter, the following terms
shall have meanings indicated:
Any person, firm or corporation responsible for placing,
locating, installing or maintaining a newsrack in a public place in
the Township of Saddle Brook.
That surface, whether or not improved, over and by which
ingress and egress are made into private or public property by vehicles.
Any newspaper, periodical or magazine of general circulation
as defined by general law; any newspaper, periodical or magazine duly
entered with the Post Office Department of the United States in accordance
with federal statute or regulation; and any newspaper, periodical
or magazine filed and recorded with any recording officer as required
by general law.
Any machine, vending machine, rack, self-service or coin-operated
box, container, storage unit or other dispenser used and maintained
for the sale and distribution of newspapers, news periodicals, news
magazines and any other similar publications.
That portion of any street improved, designed or ordinarily
used for vehicular traffic.
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the property
line adjacent thereto or, if there is no curb, the area between the
edge of the street and the property line adjacent thereto, and the
sidewalk shall include the public right-of-way along such street or
sidewalk.
All that area dedicated to public use for public street purposes,
and includes but is not limited to roadways, parkways, alleys and
sidewalks.
A.
Any distributor tracing a newsrack which is already
located or installed on any public sidewalk or public right-of-way
within the Township of Saddle Brook on the effective date of this
chapter shall, within 30 days of the effective date of this chapter,
notify the Construction Code Official, in writing, of the location
and placement of each such newsrack. Such notice shall include:
(1)
The precise location of each such newsrack.
(2)
The name, address and telephone number of the distributor.
(3)
A certification by the distributor that the location,
installation and maintenance of such newsrack conforms to and will
continue to conform to the Municipal Code of the Township of Saddle
Brook and that said distributor assumes the unconditional obligations
for any legal liability occasioned by such installation and maintenance
and that said distributor agrees to indemnify and hold harmless the
Township of Saddle Brook, its servants, agents and employees for any
and all claims arising out of said distributor's installation, use
or maintenance of such newsrack.
B.
From and after the effective date of this chapter, any distributor who shall locate or install a newsrack which rests in whole or in part on any public sidewalk or public right-of-way within the Township of Saddle Brook shall, within 10 days of the date of such installation, provide the Construction Code Official the written notice as set forth in Subsection A of this section.
Any newsrack which in whole or in part rests
upon or over any public sidewalk or public right-of-way shall comply
with the following standards:
A.
No newsrack shall exceed 60 inches in height, 24 inches
in width or 20 inches in depth.
B.
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.
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 newspaper paid
for. The coin-return mechanism shall at all times be maintained in
good working order.
D.
Each newsrack shall have affixed to it a readily visible
location a notice setting forth the name and address of the distributor
and a telephone number which persons may 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. In particular, each newsrack
shall be maintained so that:
(1)
It is reasonably free of loose, chipped, peeling or
cracked paint on the exterior surface thereof.
(2)
It is reasonably free of rust and corrosion on the
exterior surfaces thereof.
(3)
The clear plastic or glass parts thereof, if any,
are not broken or cracked so as to create danger to users thereof.
(4)
Structural parts are not broken, cracked or otherwise
in a condition which might render them dangerous to users thereof.
A.
Any newsrack which rests in a whole or in part upon
or on any portion of a public sidewalk or 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.
B.
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.
C.
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
pedestrian or vehicular traffic, including any legally parked or stopped
vehicle.
(3)
Unreasonably interferes with the ingress to or egress
from any residence or place of business.
(4)
Unreasonably interferes with the passengers boarding
or exiting from buses at designated bus stops.
(5)
Unreasonably interferes with the use of traffic signs
or signals, fire hydrants or mailboxes located or permitted at or
near said location.
D.
Newsracks shall be chained, bolted or otherwise secured
so as to prevent their being blown or knocked down or otherwise moved
onto or around the public right-of-way; provided, however, that no
newsrack shall be chained, bolted or otherwise secured to any traffic
or street sign, signals or poles without obtaining the permission
of the Construction Code Official.
E.
Newsracks may be placed next to each other in groups
at the same location, provided that no group of newsracks shall extend
for a distance of more than six feet along a curb, and provided further
that there shall be a minimum of 20 feet between any such group of
newsracks and any other newsrack or group of newsracks. This subsection
shall not apply to newsracks which were placed or installed on or
before the effective date of this section's formal adoption.
F.
No newsrack shall be placed, installed, used or maintained:
A.
It shall be unlawful for any person, corporation,
business or other entity to place, install, use or maintain one or
more newsracks as provided for hereunder without first having applied
to and procured a permit and a license for each such newsrack from
the Township Clerk. The annual fees for permits and licenses are as
follows:
B.
All permits and licenses issued under the authority
of this chapter shall expire on the 31st day of December, each year,
and same are not to be prorated.
No provision of this chapter shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
A.
If the Construction Code Official shall determine that a newsrack does not comply with the provisions of this chapter, including the requirement to provide the notification required by § 131-2 of this chapter, then the Construction Code Official shall mail a written notice to the distributor of such newsrack, by certified mail, return receipt requested, stating the specific reasons why such newsrack does not comply with the provisions of this chapter.
B.
If a distributor fails to adjust, correct, register
or otherwise cause such newsrack to be brought into compliance with
the provisions of this chapter within 10 days of the date the written
notice of noncompliance is mailed by the Construction Code Official,
then such distributor shall be deemed to be in violation of this chapter.
A.
Any distributor who, following written notice as set forth in § 131-7 of this chapter, fails to comply with the provisions of this chapter shall, upon conviction therefor in Municipal Court, be subject to a fine not to exceed $500 or be imprisoned for a period not exceeding 90 days, or both. Each day for which a distributor fails to comply with the provisions of this chapter shall constitute a separate violation hereunder.
B.
If a distributor is convicted of a violation of this
chapter by the Municipal Court and if such distributor thereafter
refuses to remedy or correct said violation within 20 days of the
date of said conviction or, in the event of a direct appeal, within
20 days of the date upon which said conviction shall become final,
then the Construction Code Official of the Township of Saddle Brook
shall be empowered to remove the newsrack which was the basis for
such conviction from the public sidewalk or public right-of-way and
return such newsrack to the distributor identified on the newsrack.
