[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No. 5272-88, as amended, was repealed 1-2-2002 by Ord.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.
As used in this chapter, the following terms shall have the meanings
indicated:
The person or entity responsible for placing and maintaining a newsrack
on a public right-of-way.
That surface, whether or not improved, over and by which ingress
and egress are made into private or public property by vehicles.
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.
Any self-service or coin-operated box, container, storage unit or
other dispenser, used or maintained for the sale or distribution of newspapers.
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.
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.
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.
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.
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.
