[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence 8-14-1989 as Ord. No. 89-9. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 225.
Newspaper vending machines, hereinafter referred to as "newsracks," may be maintained in the Borough of New Providence, subject to the following.
No person, firm or corporation shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street or which rests wholly or in part upon any portion of a roadway.
No person shall install, use or maintain any newsracks which in whole or part rests upon, in or over any sidewalk when such installation, use or maintenance endangers the safety of person or property.
Any newsrack which in whole or in part rests upon, in or over any sidewalk shall comply with the following standards:
A. 
No newsrack shall exceed four feet in height, 30 inches width or two feet in depth.
B. 
Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. Newsracks placed near the curb shall be placed no less than six inches from the edge of the curb.
C. 
Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than three feet shall separate each group of three newsracks so attached. No newsrack can be chained or otherwise attached to any utility pole, traffic control sign or other permanent fixture on the sidewalk.
D. 
No newsrack or group of attached newsracks allowed under Subsection C hereof shall weigh, in the aggregate, in excess of 125 pounds when empty.
E. 
No newsrack shall be placed, installed, used or maintained within:
(1) 
Three feet of any marked crosswalk.
(2) 
Fifteen feet of the curb return of any unmarked crosswalk.
(3) 
Eight feet of any fire hydrant, fire call box, police call box or other emergency facility.
(4) 
Three feet of any driveway.
(5) 
Ten feet to the rear of any sign or other demarcation marking the beginning of a designated bus stop.
(6) 
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.
(7) 
Three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.
F. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodicals sold therein.
G. 
Each newsrack shall be maintained in a clean, neat condition and in good repair at all times.
H. 
Each newsrack must be supplied with newspapers by the owner each day the newspaper is published. Failure by the owner to supply each newsrack with newspapers for a period of five continuous days, strikes and acts of God excepted, shall constitute a violation of this chapter.
Every person who places or maintains a newsrack on the streets of the Borough of New Providence shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.
Any person, firm or corporation owning a newsrack in the Borough of New Providence shall, within 15 days after beginning said maintenance, register his name, address, phone number and locations(s) of the newsrack(s) maintained in the borough and shall pay an annual fee of $10 for one and $5 for each additional rack to defray the costs to the borough for registration and inspection of said racks. For every subsequent year, the owner shall pay the annual fee as aforesaid by January 10 of that year. The owner shall at all times promptly notify the License Inspector of any changes in the registration information.
Any newsrack maintained in the borough which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergent situation by a public officer, firefighter, ambulance corps or medic may be summarily relocated by a public officer of the borough to the nearest location not presenting said hazard. Any such relocation shall be reported as soon as reasonably possible to the License Inspector who shall thereafter notify the registered owner of the newsrack as soon as possible of the new location. The owner may thereafter relocate the newsrack to any location not presenting a hazard and otherwise comply with the terms of this chapter.
A. 
The Construction Official and New Providence Police Department shall enjoy concurrent jurisdiction to enforce the provisions of this chapter.
B. 
If any newspaper distribution box is determined to violate any of the provisions of this chapter, then a notice of violation shall be sent to the person designated in the registration form to receive notices.
C. 
The notice shall state the specific provisions of this chapter which have not been adhered to and notify the owner that the box must either be removed or brought into compliance with the specified provisions of this chapter within seven business days. If the owner elects to cure the specified violation or violations within said time period, then the owner shall take all necessary curative actions prior to the expiration of said time period.
D. 
Upon request, the borough shall provide the owner or its representative with the basis for the determination that a violation exists and any proposed means of eliminating any violations. A request for such information shall not toll the time for correction or eliminating any violation, unless the borough fails to provide such information within three business days following the receipt of a request therefor. Following any such meeting, the official issuing the notice of violation may rescind the notice if he determines that there was no violation. The official may also grant an extension of up to one week for the correction of any violation upon request and a showing of good cause, in his discretion.
A. 
Any person who violates any of the provisions of this chapter, after having been served with a notice of violation and having failed to correct or eliminate said violation or violations in accordance with § 183-8, shall be subject to a fine of not less than $50 and not more than $200. Each violation of a separate section of this chapter and each violation by a different newspaper distribution box shall constitute a separate offense.
B. 
For the purposes of this chapter, a notice of violation as to one or more specific newsracks shall be deemed to satisfy the initial notice of violation requirement as to all newsracks owned by the same owner within the borough for the specific violation alleged.