[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 8-12-1985 by Ord. No.
85-11; amended in its entirety 11-9-2015 by Ord. No. 2015-30C. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The person, firm or corporate entity responsible for placing
and maintaining a news vending machine in a public place in the Borough
of Beach Haven.
That surface, whether improved or not, over and by which
ingress and egress is made by private or public property or by which
vehicles move from private or public property onto the street.
Any machine, rack, self-service or coin-operated box, container,
storage unit or other dispenser utilized and maintained for the sale
and/or distribution of advertisements, newspapers, news periodicals/news
magazines and any other similar publication.
That portion of any street improved, designed or ordinarily
utilized for vehicular traffic.
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the sidewalk,
or if there is no sidewalk, the area between the edge of the street
and the property line adjacent thereto.
All that area dedicated to public use for public street purpose
and shall include, but not be limited to roadways, parkways, alleys
and sidewalks.
A.
It shall be unlawful for any person, firm or corporation to erect,
place, maintain or operate on any public street or sidewalk, or any
other public way or place, in the Borough of Beach Haven any newspaper
vending machine without having obtained approval from the Borough
of Beach Haven.
B.
Applications for such approval shall be made, in writing, to the
Borough Clerk's Office upon such form as shall be provided by
it and shall contain the name, address and telephone number of the
applicant, the proposed specific location of each newspaper vending
machine to be placed and shall be signed by the applicant, a copy
of which shall be forwarded to the Superintendent of Public Works.
C.
As an express condition of the acceptance of approval, the permittee
shall indemnify and hold harmless the Borough of Beach Haven, its
officers, directors and employees against any loss, liability or damage
and defend same against claims for personal injury and/or property
damage arising from placement, maintenance or operation of the permittee's
newspaper vending machines within the Borough of Beach Haven.
D.
Approval shall be issued for the installation of newspaper vending
machines without prior inspection of the location, but such newspaper
vending machines and the installation, use, maintenance or operation
thereof shall be conditioned upon observance of the provisions of
this chapter. An inspection will take place once the machines have
been placed.
E.
Approval shall be valid for one year and shall be renewable pursuant to the procedure for original application referred to in § 131-2 of this chapter. If a newspaper vending machine is only used seasonally, the owner must remove the machine within 30 days of the end of useful season.
F.
Any newspaper vending machine placed within the Borough without approval
shall be removed by the Borough.
A.
Within seven days from the receipt of the approved application, the
Superintendent of Public Works or his designee or the Code Enforcement
Officer shall inspect the location of placed newspaper vending machines.
B.
If the permit applicant receives written notice from the Superintendent
of Public Works or his designee that a newspaper vending machine is
not placed or installed in conformity with the regulations set forth
in this chapter, the applicant shall have seven days from the date
of receipt of said notice in which to adjust the placement of the
newspaper vending machine.
C.
With respect to any newspaper vending machines that may already be
in place and situated on any public sidewalks, rights-of-way or any
other public place within the Borough of Beach Haven, the owner shall
have seven days from the effective date of this chapter to comply
with the requirements of this chapter. Failure to so comply will result
in a summons being issued to the owner pursuant to this chapter.
Any newspaper vending machine which, in whole or in part, rests
upon, in or over any public sidewalk or roadway shall comply with
the following standards:
A.
Each coin-operated newspaper vending machine 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 vending machine door does
not open. The coin return mechanism shall be at all times maintained
in proper and good working order.
B.
Each newspaper vending machine shall have affixed to it, on a readily
visible place so as to be seen by anyone using the machine, a notice
setting forth the name and address of the owner and a working telephone
number to call to report a malfunction or to secure a refund in the
event of a malfunction of the coin return mechanism or to give the
notices provided for this chapter.
A.
Any newspaper vending machine which rests, in whole or in part, upon
or on any portion of a public sidewalk or public right-of-way or which
projects onto, into or over any part of a public right-of-way shall
be located only at the following locations specified herein:
(1)
Nineth Street and Taylor Avenue: north side of the street.
(2)
Bay Avenue between 3rd and 4th Streets: west side and east side of
the street.
(3)
Bay Avenue between 2nd and 3rd Streets: east side of the street.
(4)
Bay Avenue between Centre Street and Dock Road: east side of the
street.
(5)
Bay Avenue between Pearl and Ocean Streets: west side of the street.
(6)
Engleside and Atlantic Avenues: southwest corner of the street.
B.
Notwithstanding the designated locations in Subsection A above, no newspaper vending machine shall be permitted to rest upon or over any public sidewalks when such installation, in use or maintenance:
(1)
Endangers the safety of persons or property;
(2)
Unreasonably interferes with or impedes the flow of pedestrian or
vehicular traffic, including any legally parked or stopped vehicle;
(3)
Unreasonably interferes with the ingress or egress from my residence
or place of business; or
(4)
Unreasonably interferes with the use of traffic signs or signals,
hydrants or safety devices permitted at or near said location.
C.
Newspaper vending machines may be placed next to each other, provided
that no group of newspaper vending machines shall extend for a distance
to be determined by Superintendent of Public Works and/or the Code
Enforcement Officer.
D.
Newspaper vending machines shall not be placed, installed, used or
maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within 12 feet of a curb return of any unmarked crossway.
(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 of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping. The area for the purpose of this
section.
(6)
On any residential property without written permission of the owner.
A.
Any newspaper vending machine which is not utilized, operated or
kept in service for a period of 30 consecutive days and which is left
at its registered location in such condition shall be deemed abandoned
and shall be subject to removal at the owner's expense.
B.
Any newspaper vending machine so removed due to its being abandoned
shall be stored in a secure area, and the owner thereof shall be notified
of its removal. If the owner of any such newspaper vending machine
does not reclaim said machine within 14 days of receipt of the notice
of removal of any such machine, then such machine shall become subject
to the laws of abandoned property and shall be treated, utilized,
or discarded by the Borough of Beach Haven as such.
A.
Any person who violates the provisions of this chapter shall be subject
to a fine of up to $100.
B.
A summons may be issued for each day that the owner fails to comply
with the provisions of this chapter.
C.
Any patron or person who defaces or vandalizes any newspaper vending
machine in the Borough of Beach Haven shall be charged with a disorderly
persons offense in accordance with the criminal statutes of the State
of New Jersey or a violation of any appropriate municipal ordinance.
D.
In addition to any other remedy available to the Borough of Beach
Haven, any newspaper vending machine which is placed without a permit
being issued or for which the permit has expired may be removed at
the discretion of the Borough after providing the owner with seven
days' written notice of the violation.
E.
Any newspaper vending machine removed by the Borough shall be returned
to the owner upon payment of the fee established by the Borough Council
to cover the cost of removal and storage.
F.
Any newspaper vending machine not claimed within 30 days may be discarded
by the Borough.
