Newspaper distributors have placed and have been placing newsracks
on or along public roadways, streets, sidewalks, ways or places within
the Borough of Fanwood (Borough). The Mayor and Council are concerned
with the potentially dangerous conditions created by the placement
of these newsracks on or along public roadways, streets, sidewalks,
ways or places and choose to regulate their placement.
As used in this chapter, the following terms shall have the
meanings indicated:
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack
on or along a public sidewalk, roadway, way, place or street.
NEWSPAPER
Any newspaper of general circulation, as defined by general
law; any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation;
any newspaper filed and recorded with any recording officer as provided
by general law; and any news periodical and/or advertising flyer.
NEWSRACK
Any self-service or coin-operated box, container, storage
unit or other dispenser which is installed, used or maintained for
the display, sale and/or distribution of newspapers.
PERSON
Any corporation, company, association, society, firm, partnership,
or individual.
ROADWAY
That portion of a street which is improved, designated or
ordinarily used for vehicular travel.
SIDEWALK
Any surface provided for the exclusive use of pedestrians.
STREET
All the area dedicated to public use for public street purposes
and shall include but not be limited to roadways, parkways and alleys.
It shall be unlawful for any person to erect, place, maintain
or operate on or along any public roadway, street, sidewalk, way or
place in the Borough any newsrack without first or within 30 days
of the placement thereof having obtained a permit from the Borough
Clerk as set forth in this chapter. One permit may be issued to include
any number of newsracks and shall be signed by the distributor. The
requirements of this chapter shall not apply to any state highway
right-of-way as defined by N.J.A.C. 16:41B-1.1.
With regard to newsracks already in place as of January 1, 2006,
the permitting procedure shall be as follows:
A. The Borough shall initiate a Borough-wide survey of existing newsracks located on or along public roadways, sidewalks, streets, ways or places. The survey shall identify the locations of newsracks within the Borough. The distributor shall be notified as to the need to apply for a permit and as to which existing newsracks are found to be in violation of the provisions of this chapter. Notices of noncompliance under this subsection shall conform with the requirements set forth in §
201-11 of this chapter.
B. All existing newsracks that conform with this chapter as identified during the survey shall be deemed in compliance with this chapter. The Borough shall prepare and provide to the distributor a list of those existing newsracks deemed in compliance with this chapter, and each such distributor shall file the required application and pay the required permit fee within 30 days after receipt of such list. Said list shall be incorporated into the format of a single application per distributor. A permit shall be issued by the Borough upon the submission of the application and approval by the Mayor and Council; provided that the application bears the distributor's signature, includes all information required by this section; and is accompanied by payment of the appropriate fee(s) as established in §
201-11 of this chapter. In the event the application, accompanied by the requisite information and fee(s), is not returned to the Borough within 30 days of receipt of the list from the Borough by the distributor, the distributor shall be deemed as to those newsracks listed thereon to be in violation of this chapter.
Permits shall be valid for a period of one-year beginning April 1 and expiring on March 31 of the following year and shall be renewable pursuant to the procedure for original applications referred to in §
201-5 and upon payment of the per-newsrack permit fee of $10 per annum.
Within 30 days after an application has been filed, the Borough
Clerk shall certify to the Mayor and Council as to whether it is complete
and ready for the issuance of a permit. In the event that a permit
is not issued by the Mayor and Council for any location for which
a permit is sought because it is deemed not in compliance with this
chapter, the Clerk shall notify the distributor who may appeal within
10 days from the date of receipt of notice of the denial of the permit.
At a hearing, the Mayor and Council shall review the application and
the proposed location in conjunction with the standards contained
in this chapter, and the distributor shall have the opportunity to
submit written evidence or testimony on its behalf.
Any newsrack, which, in whole or in part, rests upon or over
any portion of any public sidewalk, roadway, street, place or way
or which projects onto, into or over any part of any public roadway,
street, sidewalk, place or way shall comply with the following standards
and shall be located as provided herein.
A. No newsrack shall exceed 60 inches in height, 36 inches in width
or 30 inches in depth.
B. No newsrack shall be used for advertising or publicity purposes other
than that dealing with the display, sale or purchase of the newspapers
sold or distributed therein. This provision shall not take effect
until April 1, 2007.
C. Each newsrack, where the newspapers are available for sale, shall
be equipped with a coin-return mechanism to permit a person using
the machine to secure an immediate refund in the event that said person
is unable to receive the newspaper for which payment was made. The
coin-return mechanism shall be maintained in good working order at
all times.
D. Each newsrack shall have affixed to it, at 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 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.
(2) It is reasonably free of rust and corrosion.
(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 fadings.
(5) The structural parts thereof are not broken or unduly misshapen and
are intact.
(6) It is reasonably free of dirt and grease.
F. No newsrack shall be used or maintained which projects onto, into
or over any part of any roadway or curb, or which rests, wholly or
in part, upon or over any portion of any curb, roadway or street.
G. No newsrack shall be permitted to rest upon, in or over any public
sidewalk, place or way when it:
(1) Endangers the safety of any person 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 to or egress from my 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; and/or
(5) Unreasonably interferes with the response to an emergency situation
by a police officer, fireman, and/or ambulance corp person or medic.
H. A newsrack shall be chained, bolted or otherwise securely placed
so as to prevent it from being blown down or around and to reasonably
prevent personal injury or property damage due to tilting, tipping
or overturning. No newsrack shall be chained, bolted or otherwise
attached to any public fixture, including, but not limited to, official
signs, sign supports, guide rails, traffic signal supports, highway
lighting supports, telephone pole, controller boxes, fire hydrants,
or bus shelters.
I. Newsracks may be placed next to each other, provided that no group
of newsracks shall extend for a distance of more than six feet. Newsracks
may be chained or otherwise attached to one another; however, no more
than two newsracks may be joined together in this manner, and a space
of no less than 18 inches shall separate each group of two newsracks
so attached.
J. No newsrack shall be placed, installed, used or maintained:
(1) Within three feet of any marked or unmarked crosswalk.
(2) Within 12 feet of a curb return (from point of tangency to point
of tangency).
(3) Within 10 feet of any fire hydrant, fire call box, police call box
or other emergency facility.
(4) Within three feet of any driveway.
(5) At any location whereby the clear space for the passageway of pedestrians
is reduced to less than five feet.
(6) Within three feet of or on any public property improved with lawn,
flowers, shrubs, trees or other landscaping.
(7) Within 10 feet to the rear of any sign or other demarcation marking
the beginning of a designated bus stop.
(8) Within three feet of any bus bench, except where such bench is within
a bus shelter, in which event this restriction shall not apply provided
that the newsrack is not placed within such bus shelter.
(9) Within 15 feet of any municipal building or historic building listed
on the federal or state historic register which is not directly on
a public street.