[HISTORY: Adopted by the City Council of the City of Paterson 2-22-2005
by Ord. No. 05-022A; amended in its entirety 2-28-2006
by Ord. No. 06-022. Subsequent amendments noted where applicable.]
A.
Intent and purpose. The provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, morals and general welfare of persons in
the City of Paterson in their use of private property and public rights-of-way
through the regulation of placement, appearance, number, size and servicing
of newsracks on private property and the public rights-of-way so as to:
(1)
Provide for pedestrian and driving safety and convenience.
(2)
Ensure no unreasonable interference with the flow of
pedestrian or vehicular traffic, including ingress to or egress from any place
of business or from the street to the sidewalk.
(3)
Provide reasonable access for the use and maintenance
of commercial stores, sidewalks, poles, posts, traffic signs and signals,
hydrants, mailboxes and similar appurtenances and access to locations used
for public transportation purposes.
B.
Preservation of constitutional rights. It is not the
intent of this chapter to in any way discriminate against, regulate or interfere
with the publication, circulation, distribution or dissemination of any printed
material that is constitutionally protected.
As used in this chapter, unless the context otherwise clearly indicates:
One side of a street between two consecutive intersecting streets.
The person responsible for placing and maintaining a newsrack on
private property or 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 and sale of
newspapers, other news periodicals, or other printed matter.
Any public or private area, paved or unpaved, designated for the
purpose of providing parking to the public.
The area between the sidewalk and the curb of any street, and where
there is no sidewalk, the area between the edge of the roadway and the property
line adjacent thereto. Parkway shall also include any area within a roadway
that is not open to vehicular travel.
Any person or persons or entity, including, but not limited to, a
corporation, partnership, unincorporated association or joint venture.
That portion of a street improved, designed or ordinarily used for
vehicular travel, including the shoulders thereto.
Any surface provided for the exclusive use of pedestrians, whether
public or private.
All the area dedicated to public use for public street purposes and
shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
Any newsrack which rests in whole or in part upon or on any portion
of private property or a public right-of-way, including on the parking lots,
parkways, sidewalks, streets or roadways, or which projects onto, into or
over any part of a public right-of-way, shall be located in accordance with
the following 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 chained, bolted or otherwise attached
to any fixture located in the public right-of-way, except to other newsracks.
C.
No more than three newsracks may be placed next to each
other, provided that no group of newsracks shall extend for a distance of
more than nine feet along a curb, sidewalk, parking lot, street, roadway or
otherwise, whether on public or private property, and a space of not less
than 18 inches shall separate each group of newsracks.
D.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within the curbed portion of the 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 three feet of any driveway, whether public or
private.
(5)
Within 10 feet to the rear of any sign or other demarcation
marking the beginning of a designated bus stop.
(6)
Within three feet of any bus bench, except where the
bench is within a bus shelter, in which event this restriction shall not apply,
provided that the news dispenser is not placed within such bus shelter.
(7)
Within the public sidewalk curb ramp designed to accommodate
persons with disabilities or along the curbline within five feet of any parking
spot for disabled persons.
(8)
Where the placement of the newspaper box would reduce
the width of the sidewalk to less than three feet.
A.
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 the person is unable to receive the paid-for publication. The coin-return
mechanism shall be maintained in good working order.
B.
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.
C.
Each newsrack shall be maintained in a neat and clean
condition and in good repair at all limes. Specifically, but without limiting
the generality of the foregoing, each newsrack shall be serviced and maintained
so that:
(1)
It is reasonably free of dirt and grease;
(2)
It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof;
(3)
It is reasonably free of rust and corrosion in the visible
unpainted metal areas thereon;
(4)
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 discoloration;
(5)
The paper or cardboard parts or inserts thereof are reasonably
free of tears, peeling or fading; and
(6)
The structural parts thereof are not broken or unduly
misshapen.
Violators are subject to a penalty of imprisonment for not more than
90 days, by a fine not exceeding $2,000, or by a period of community service
for not more than 90 days, or any combination thereof.
