Township of Florence, NJ Chapter 100 Newspaper Vending Boxes

[HISTORY: Adopted by the Mayor and Council of the Township of Florence 6-3-1992 as Ord. No. 1992-13. Amendments noted where applicable.]

GENERAL REFERENCES

Land development — See Ch. 91.

§ 100-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

NEWSPAPER

Any newspaper of general circulation, any newspaper duly entered or registered with the United States Postal Service in accordance with federal statute or regulation and any newspaper filed or recorded with any recording office as provided by law or any publication containing news, editorial or advertising content and which is intended to be disseminated to the general public either with or without charge from a vending box.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind that is the owner or publisher of any newspaper or who dispenses, distributes or disseminates any newspaper.

PUBLIC PROPERTY

Any street, alley, avenue, boulevard, court, highway or road and the legal right-of-way thereof, including but not limited to the cartway or traffic lanes, curb, sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term shall also include any: parking lots, parks, playgrounds, public buildings and similar areas that are open for the use of the public.

VENDING BOX

Any box, receptacle or machine from which newspapers are intended to be dispensed, distributed or disseminated to the general public, either with or without charge or the payment of any contribution or subscription.

§ 100-2 Standards for maintenance and installation.

[Added 4-7-1993 by Ord. No. 1993-7[1]]

Any newsrack which in whole or in part rests upon or over any public sidewalk or parkway shall comply with the following standards:

A. No newsrack shall exceed sixty (60) inches in height, twenty-four (24) inches in width or twenty (20) inches 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 sold 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 he is unable to receive the publication paid for. The coin return mechanisms 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, or to give the notices provided for in this chapter.

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 chipped, faded, peeling and cracked paint in the visible painted areas thereof;

(2) It is reasonably free of rust and corrosion, in the visible unpainted metal areas thereon.

(3) 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 discolorations.

(4) The paper or cardboard parts of inserts thereof, if any, are reasonably free of tears, peeling or fading.

[1] Editor's Note: This ordinance also repealed former § 100-2, Compliance required.

§ 100-2.1 Location and placement of vending box.

[Added 4-7-1993 by Ord. No. 1993-7]

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 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; or

(4) Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.

C. Newsrack or newsracks shall be chained, bolted or otherwise secured so as to prevent their being blown down or around the public right-of-way.

D. Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than four (4) feet along a curb.

E. No newsrack shall be placed, installed, used or maintained:

(1) Within three (3) feet of any marked crosswalk.

(2) Within twelve (12) feet of a curb return of any unmarked crosswalk.

(3) Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility.

(4) Within five (5) feet of any driveway.

(5) Within three (3) feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.

§ 100-2.2 Notice of violations.

[Added 4-7-1993 by Ord. No. 1993-7]

A. 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 to receive notices in the registration form.

B. 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 fifteen (15) 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.

C. Upon request, the official issuing a notice of violation shall meet with the recipient of such notice to discuss the basis for the determination that a violation exists and any proposed means of eliminating any violations.

§ 100-3 Violations and penalties. [1]

Any person who should violate any provisions of this chapter shall upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.) or be imprisoned for a period not exceeding ninety (90) days or serve a period of community service not exceeding ninety (90) days, or any combination thereof. Each continuing day of violation of this chapter shall constitute a separate offense.

[1] Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.