It shall be unlawful for any person, firm or corporation to erect, place,
maintain or operate on any public street or sidewalk, or in any other public
way or place, in the City of Garfield any newsrack without first having obtained
a permit from the City Clerk specifying the exact location of such newsrack
or newsracks. One permit may be issued to include any number of newsracks
and shall by signed by the applicant.
Application for such permit shall be made in writing to the City Clerk
and approved by the City Council upon such form as shall be provided by them
and shall contain the name and address of the applicant, the proposed specific
location of said newsrack or newsracks and shall be signed by the applicant.
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 36 inches in height, 24 inches
in width or 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 he 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, 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 served and maintained
so that:
(1) It is reasonably free of chipped, faded, pealing and
cracked paint in the visible painted areas thereof.
(2) It is reasonably free of rust and corrosion in the visible
unpainted metal areas thereof.
(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.
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 to 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 feet
along a curb.
E. No newsrack shall 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 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 of or on any public area improved with
lawn, flowers, shrubs, trees or other landscaping; or
(6) Within three feet of any display window of any building
abutting the sidewalk or parkway or in such manner as to impede or interfere
with the reasonable use of such window for display purposes.
Enforcement of this chapter shall be by the police, Zoning Enforcement
Officer or the Superintendent of the Department of Public Works. For a first
offense under this chapter, the penalty shall not exceed $500, plus costs.
The penalty for second and subsequent offenses shall not exceed $1,000, plus
costs. The enforcement of these provisions shall be within the jurisdiction
of the Municipal Court. Should successive violations occur, the owner of said
newsrack or newsracks shall be given 30 days' notice to remove said newsrack,
at the conclusion of which the municipality may remove the same and impound
for return to the owner.