[HISTORY: Adopted by the Board of Commissioners
of the Borough of Haddonfield 1-27-1998 by Ord. No. 1761.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Merchandise display — See Ch. 95.
[1]
Editor's Note: This ordinance also contained
a statement of legislative intent, which can be found at the end of
this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Two single newsrack boxes, one above the other, wherein the
double newsrack box functions as one large box with one windowed access
door to gain access to the entire double newsrack box.
A unit that has assembled together two or more newsrack boxes
in a housing that is supported by one or more pedestals. The modular
newsrack box assembly is then permanently attached to a sidewalk or
concrete pad by bolts or other such fasteners. Newspapers are distributed
by placing such newspapers in the various newsrack boxes by various
newspaper vendors. Two or more newspaper vendors may distribute newspapers
from a modular newsrack box assembly. (Attached hereto is an illustration
of a similar MNBA to provide a visual of such a unit. The attached
illustration contains four newsrack boxes; however, the unit may be
enlarged to up to 10 newsrack boxes in one MNBA unit.[1])
A rectangular cube-type box that has a windowed door on its
front for the purposes of viewing inside the cube-shaped box and also
to gain access to the box. Newspapers are placed in the newsrack box
for the purposes of distribution. One gains access to the interior
of the newsrack box by opening the front widowed door. The newsrack
box may be, but need not be, accessed by inserting coined money to
unlock the access door.
[1]
Editor's Note: The illustration is on file
in the Clerk's office.
A.
Only MNBA units shall be permitted to be installed
on the public sidewalks, public property, and on the exterior of any
building on private property in the Borough of Haddonfield (hereafter
Haddonfield) within the zones identified as the C Commercial District,
in the CBD Central Business District, and in the O Office District.
MNBA units, freestanding newsrack boxes, and other such newspaper
vending units shall not be permitted to be placed on the exterior
of any building in any residential district. No other newsrack boxes,
MNBA units, or other such newspaper vending units shall be permitted
to be placed anywhere in Haddonfield, except as is provided in this
chapter. [1]
B.
The newspaper vendors shall be obligated to purchase
at their expense their own newsrack boxes and also to share in the
cost of the purchase of the MNBA unit with other newspaper vendors
sharing the MNBA unit in question. In the event Haddonfield purchases
either the newsrack box and/or the MNBA unit for and on behalf of
a newspaper vendor or vendors, such newspaper vendor or vendors shall
reimburse Haddonfield its out-of-pocket expense for such purchases
wherein each vendor shall pay its proportionate share of such out-of-pocket
expenses. Haddonfield shall not receive any additional money above
and beyond that which it expended for the newsrack boxes and/or the
MNBA unit. Haddonfield prefers that the newspaper vendors purchase
the newsrack boxes and the MNBA units.
C.
Maintenance, repair, and service of each newsrack
box and MNBA unit shall be the obligation of the newspaper vendors
respectively. In the event the Borough of Haddonfield expends any
moneys for such, the Borough of Haddonfield shall be reimbursed its
expenditures, by the newspaper vendors who were obligated to make
such expenditures. Prior to Haddonfield performing any maintenance,
repairs or service to the newsrack boxes and/or MNBA units, Haddonfield
will take reasonable steps and efforts to cause the responsible newspaper
vendors to perform such maintenance, repair and/or service.
D.
The style, color, size, material, and design of the
newsrack box and the MNBA unit shall be determined by Haddonfield.
E.
The installation locations of the MBNA units on the
public property or public sidewalks within Haddonfield shall be selected
by Haddonfield as described in more detail herein. The newspaper vendors
shall be obligated to arrange for the installation work for each MNBA
unit installed on the public sidewalks or public property, at the
newspaper vendor's own expense.
F.
The MNBA units can accommodate from two to 10 single
newsrack boxes. There is no limit on the reasonable number of MNBA
units that can be located in the Borough of Haddonfield in compliance
with this chapter.
G.
There is no limit to the reasonable number of newsrack
boxes that a particular newspaper vendor can utilize, except that
a newspaper vendor is permitted to have only one newsrack box per
MNBA unit whenever other newspaper vendors wish to utilize a newsrack
box in such MNBA unit. For the purposes of this chapter, a double
newsrack box is considered as one newsrack box.
H.
There are no time restrictions as to when the public
may access the newsracks to obtain newspapers; that is, such access
may occur 24 hours per day, seven days per week, since the MNBA's
are not located in the residential districts.
I.
Any other type of individual freestanding newspaper
vending machines, boxes, newsracks, etc., whether coin-operated or
otherwise, are prohibited in the Borough of Haddonfield. Any such
prohibited units existing after the adoption of this chapter shall
be removed by the particular owner of such unit no later than 90 days
after the effective date of this chapter or at an earlier date when
such newspaper vendor has been afforded the opportunity of replacement
distribution by utilization of a newsrack box in an MNBA unit or units
from which to distribute newspapers in accordance with this chapter.
J.
After the adoption of this chapter, newspaper vendors
shall take timely action to comply with the terms of this chapter.
A newspaper vendor may seek, in writing, an extension of the ninety-day
removal time limit, for just cause, stating the newspaper vendor's
reasons why such extension should be granted, provided that such newspaper
vendor had taken timely action to comply with this chapter and its
reasons for noncompliance are due to reasons other than the actions
or inactions of the newspaper vendor requesting the extension. Haddonfield
will not unreasonably deny such requests for an extension.
A.
A newspaper vendor desiring a general location for
a newsrack box within an MNBA unit shall submit such request in writing
to Haddonfield, as required in this chapter. Haddonfield shall make
available a location or locations to each newspaper vendor who request
a location or locations. Haddonfield will seek to identify a location
as close as practicable to that which had been requested by the newspaper
vendor, taking into account the criteria of this chapter. In the event
the Borough of Haddonfield is unable to grant the vendor's request
for a specific location, the Borough of Haddonfield will identify
its reasons for such a decision based on the criteria of this chapter,
and in such event the Borough of Haddonfield will identify an alternative
location or locations that are available to the applying newspaper
vendor. In no event shall the newspaper vendor be denied the right
to distribute its papers. The newspaper vendors right to distribute
shall not be abridged by Haddonfield in that the Borough of Haddonfield
shall make available a location or locations to each newspaper vendor
who requests a location or locations.
B.
Haddonfield, in its discretion, shall determine the
specific location of each MNBA unit. The determination of the place
and manner of installation of such MNBA units shall be made by the
Borough of Haddonfield in its discretion wherein its discretion shall
not be exercised unreasonably, capriciously or arbitrarily, and shall
be made in accordance with the criteria of this chapter, as governed
by federal and state law.
The MNBA units located on public sidewalks,
public property, and on the exterior of any building on private property
shall be installed in accordance with the following criteria:
A.
No MNBA unit shall be installed wherein it impedes
the flow of pedestrian or vehicular traffic.
B.
No MNBA unit shall be installed wherein it endangers
the public safety of persons or property.
C.
No MNBA unit shall be installed where it interferes
with the ingress and egress from any residence or place of business.
D.
No MNBA unit shall be located wherein its locations
interferes with the use of traffic signs, traffic signals, fire hydrants,
utility poles, mailboxes, and other such police, fire, and/or traffic
control devices.
E.
The content of the newspaper publication shall be
considered in determining the manner of and place of location of the
MNBA unit.
F.
The newspaper vendor does not need a license, permit
or other such approval to distribute its newspaper in Haddonfield.
G.
The MNBA unit shall be placed in a location in keeping
with the historic character and historic zoning in Haddonfield so
as to minimize the visual appearance and clutter of newsracks, but
not at the expense of the newspaper vendor's First Amendment right
to distribute its newspaper.
H.
No MNBA unit shall be installed above or within a
proximity to interfere with the use, maintenance, and/or repair of
any gasline, waterline, sewer line or other such utility line.
I.
No MNBA unit shall be located so as to impede the
lawful use of any buildings.
J.
No MNBA unit shall be located so as to interfere with
the growth of any municipally owned shade trees, plants, and shrubs
existing in the right-of-way sidewalk area.
K.
No MNBA unit shall be located to interfere with the
use of municipality installed public benches and seating.
A.
A newspaper vendor seeking to distribute its newspapers
in Haddonfield, in accordance with this chapter, shall make a request
in writing to the Borough of Haddonfield for a location within Haddonfield.
B.
The newspaper vendor is to identify the location by
designating a corner of a particular intersection and/or by reciting
dimensions from some fixed identifiable structure or object, and/or
by some other method of identifying the location so as to clearly
inform Haddonfield of the location requested.
C.
Haddonfield shall review the request and shall make
the final determination as to the location of the MNBA unit. Haddonfield
must take into account the requests of other newspaper vendors, in
an effort to coordinate the location of the MNBA units with the requests
of all newspaper vendors, in an effort to establish the necessary
number of two or more newsrack boxes in MNBA units. In the event several
newspaper vendors select a particular intersection and/or location
and identify different corners and/or locations, Haddonfield will
consolidate those requests into the MNBA unit and identify the specific
location where the MNBA should be placed in accordance with the criteria
in this chapter.
D.
Haddonfield shall inform the newspaper vendor no later
than 20 business days of receipt of its request as to the location
of the MNBA unit wherein such vendor may place its papers for distribution
from a newsrack box. In the event Haddonfield selects an alternative
location or locations to the one requested by the vendor, Haddonfield
will recite its reasons as to why the alternate location or locations
in question had been selected.
E.
A newspaper vendor is permitted to make as many requests
as is reasonably necessary for the distribution of its newspapers
in the Borough of Haddonfield. There is no limitation on the reasonable
number of requests or on the reasonable number of locations that a
particular newspaper vendor may utilize in accordance with this chapter.
F.
At the adoption of this chapter, freestanding newsracks
exist at various locations in the Borough of Haddonfield. In the event
one or more of such locations are requested by newspaper vendors who
presently have a freestanding newsrack at such locations, such newspaper
vendor's request shall receive preference as to a newsrack box in
an MNBA unit at such location or the alternative to such location.
G.
The earliest received location request shall have
a preference over subsequent requests for the same location or alternate
to that location.
H.
In the event the newspaper vendor disagrees with Haddonfield's
decision concerning its request for a location or any other decision
related to this chapter, such newspaper vendor may request to Haddonfield,
in writing, a reconsideration of Haddonfield's decision, stating its
position concerning its request for reconsideration. Haddonfield shall
respond to such requests for reconsideration within 20 days of its
receipt by Haddonfield.
A.
Haddonfield has selected the general locations recited
herein below as locations for the MNBA units to be installed in accordance
with this chapter. The below-listed locations are not exhaustive or
exclusive. Others may be added by the Borough of Haddonfield on its
own and/or at the request of newspaper vendors by resolution without
the need to amend this chapter. For the purpose of reference in this
chapter, Kings Highway, in the Borough of Haddonfield, is considered
to run east and west. The easterly direction of Kings Highway is towards
Cherry Hill; the westerly direction is towards Haddon Heights. Haddon
Avenue is considered to run north and south. The northerly direction
of Haddon Avenue is toward Collingswood; the southerly direction is
toward Voorhees Township.
B.
The following locations are permissible general locations
for the installation of MNBA units, wherein the specific location
shall be determined by Haddonfield in accordance with this chapter:
(1)
Tanner Street and Kings Highway East intersection,
on the northwest corner wherein the MNBA unit would face Tanner Street,
and be placed on the westerly edge of the sidewalk, by the building
wall.
(2)
North Haddon Avenue and Hawthorne Avenue intersection
on the northeast corner wherein the MNBA unit would face Haddon Avenue
and be placed on the westerly edge of the sidewalk in the park strip.
(3)
South Haddon Avenue and Harding Avenue intersection
on the north east corner wherein the MNBA unit would face Haddon Avenue
and be placed on the easterly edge of the sidewalk against the landscape
tie wall.
(4)
Kings Highway and Chestnut Street intersection on
the southeast corner facing Chestnut Street and placed on the easterly
edge of the sidewalk against the building wall.
A.
Any person or entity who violates any provision of
this chapter shall be notified in writing of such violation and shall
have 15 days from the date of the notice to correct the violation.
