[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
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 Seaside Heights in their use of public rights-of-way:
A.
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.
B.
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, other news periodicals.
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.
That area between the sidewalks and the curb of any street.
Any person, firm or corporation 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.
Registration of a newsrack may be completed without prior inspection
of the location, but such newsrack or newsracks may only remain in that location
so long as the provisions of this chapter are observed. An annual registration
fee of $10 for the first rack and $8 for each additional newsrack shall be
required to cover administration and enforcement costs.
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.
A.
No newsrack shall exceed four feet in height, 30 inches
in width or two feet in thickness.
B.
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 periodical sold or distributed therein.
C.
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 newsrack door does not open. The coin-return mechanism shall
be maintained in good working order.
D.
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.
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 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 thereof.
(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.
(6)
The structural parts thereof are not broken or unduly
misshapen.
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.
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 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.
C.
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.
D.
Newsracks may be placed next to each other, provided
that no group of newsracks shall extend for a distance of more than eight
feet along a curb, and a space of not less than three feet shall separate
each group of newsracks.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within five feet of any marked crosswalk.
(2)
Within 12 feet 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 five feet of any driveway.
(5)
Within three feet ahead or 15 feet to the rear of any
sign marking a designated bus stop.
(6)
Within three feet of the outer end of any bus bench.
(7)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than three feet.
(8)
Within three feet or on any public area improved with
lawn, flowers or shrubs.
A.
Any person violating or failing to comply with any other
provision of this article shall, upon conviction thereof, be punishable by
a fine of no less than $100 and no more than $1,000, by imprisonment not to
exceed 90 days or by community service of not more than 90 days or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
