City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 2-4-2008 by Ord. No. 6715-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 121.
Littering — See Ch. 307.
Obscene materials — See Ch. 325.
Streets and sidewalks — See Ch. 395.
[1]
Editor's Note: Former Ch. 323, Newsracks, adopted 6-21-1988 by Ord. No. 5272-88, as amended, was repealed 1-2-2002 by Ord. No. 6250-02.

§ 323-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DISTRIBUTOR
The person or entity responsible for placing and maintaining a newsrack on a public right-of-way.
DRIVEWAY
That surface, whether or not improved, over and by which ingress and egress are made into private or public property by vehicles.
NEWSPAPER
Any newspaper, periodical or magazine of general circulation as defined by general law; any newspaper, periodical or magazine duly entered with the Post Office Department of the United States in accordance with federal statute or regulation; any newspaper, periodical or magazine filed and recorded with any recording office as required by general law.
NEWSRACK
Any self-service or coin-operated box, container, storage unit or other dispenser, used or maintained for the sale or distribution of newspapers.
SIDEWALK
Any portion of a street or highway between the curbline or the lateral line of a shoulder or, if none, the lateral line of the roadway and the adjacent property line intended for the use of pedestrians.
STREET
Any vehicular way that is: (1) an existing state, county or municipal roadway; (2) shown upon a plat approved pursuant to law; (3) approved by other official action; (4) shown on a plat duly filed and recorded in the office of the county recording office prior to the appointment of a planning board and the grant to such board of the power to review plats; (5) shown on the official map or adopted master plan. It includes the land between the street lines, whether improved or unimproved.

§ 323-2 Standards for maintenance and installation.

Any newsrack which, in whole or part, rests upon or over any public sidewalk or public property shall comply with the following standards:
A. 
No newsrack shall exceed 60 inches in height, 24 inches in width or 20 inches in depth.
B. 
No newsrack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale, distribution or purchase of the newspaper sold therein.
C. 
Each newsrack which charges a fee for the sale or distribution of a newspaper contained therein 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 publication paid for. 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. Each newsrack shall be serviced and maintained so that:
(1) 
It is reasonably free of graffiti, dents, chipped, faded, peeling or cracked paint on the exterior surfaces thereof.
(2) 
It is reasonably free of rust and corrosion on the exterior surfaces thereof.
(3) 
The clear plastic or glass parts thereof, if any, shall be unbroken and reasonably free of cracks so as to create a danger to the users thereof.
(4) 
The paper or cardboard parts or inserts, if any, shall be reasonably free of tears, peelings or fading.
(5) 
The structural parts thereof shall not be broken, cracked or otherwise in a condition which might render them dangerous to the users thereof.

§ 323-3 Location and placement.

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 or over any part of any public 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 when such installation, use or maintenance:
(1) 
Endangers the safety of persons 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 or egress from any residence or place of business.
(4) 
Unreasonably interferes with passengers boarding or exiting from buses at designated bus stops.
(5) 
Unreasonably interferes with the use of traffic signals, traffic or street signs, fire hydrants or mailboxes permitted at or near said location.
C. 
No newsrack shall be placed, installed, used or maintained:
(1) 
Within three feet of any crosswalk.
(2) 
Within 10 feet of a fire hydrant.
(3) 
Within five feet of any fire lane, fire call box, police call box or other emergency facility.
(4) 
Within five feet of any driveway.

§ 323-4 Violations and penalties.

Any person or persons, firm, entity, partnership, association or corporation or employee thereof who or which shall violate any of the provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500.