[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 56.
The purpose of the provisions and prohibitions hereinafter contained and enacted is to secure and promote the public health and general welfare of persons in the Borough of Lavallette in their use of public rights-of-way:
The uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings and persons performing essential utility, traffic control and emergency services.
Newsracks so located cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein constitute public nuisances.
As used in this chapter, the following terms shall have the meanings indicated:
- The person responsible for placing and maintaining a newsrack in a public right-of-way.
- Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale and distribution of newspapers or other news periodicals. A periodical commonly known as a “magazine” shall be included in this definition.
- Any area within a roadway which is not open to vehicular travel.
- That portion of a street improved, designed or ordinarily used for vehicular travel.
- Any surface provided for the exclusive use of pedestrians. Where there is no paved surface, may also refer to the area between the edge of the roadway and the property line adjacent thereto.
- All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
- UTILITY AREA
- That area between the sidewalks and the curb of any street.
Any person, firm or corporation intending to erect, place, maintain or operate a newsrack on any public street or sidewalk or in any other public way or place in the Borough must within 10 days of placement of same register the location of the rack or racks with the Borough Clerk. Registration shall be done, in writing, by filling out the registration form which shall contain the name and address of the registrant, the proposed specific location of said newsrack and shall be signed by the registrant. Once registered in accordance with this section, one permit shall issue to include any number of newsracks as registered by the distributor.
Permits shall be issued for the installation of a newsrack or 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 section and such reasonable rules and regulations as may be established by the Borough Council. Permits shall be issued within 72 hours after the application has been filed. An annual permit fee of $25 for the first newsrack and $20 for each additional newsrack is required.
Permits shall be valid for the calendar year in which the permit is issued and shall be renewable pursuant to the procedure for original applications and upon payment of the annual permit fee.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:
No newsrack shall exceed 50 inches in height, 32 inches in width or 24 inches in thickness.
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, scale or purchase of the newspaper or news periodical sold therein.
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/she is unable to receive the publication paid for. The coin-return mechanism shall be maintained in good working order.
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 malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism.
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:
It is reasonably free of dirt and grease.
It is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
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.
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
It shall be unlawful for any person or place to maintain any publication or material in newsracks which exposes to public view any pictorial material which depicts or appears to depict nudity or offensive sexually explicit material.
Each newsrack shall be maintained such that none of the contents held therein shall be separated from the newsrack and/or scattered about the area.
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.
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.
No newsracks shall be permitted to rest upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including but not limited to the ingress into or egress from any residence or place of business.
No newsrack shall be chained, bolted, anchored to the ground or otherwise attached to any fixture located in the public right-of-way, except to other newsracks.
No newsrack shall be placed, installed, used or maintained:
Within three feet of a curb.
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within 10 feet of any driveway.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
Within 10 feet of any standby or sprinkler connection or related safety or fire equipment.
Any newsrack maintained in the Borough which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergency situation by a public officer, fire fighter, ambulance corps or medic may be summarily removed by a public officer of the Borough and the distributor will be notified.
For any and every violation of this chapter, the violator shall for each and every violation be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, at the discretion of the court having jurisdiction in this matter. Each and every day that a violation continues shall be deemed a separate offense.