[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 1-18-2000 by Ord. No. 2000-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also supersedes
former Ch. 199, Newsracks, adopted 10-4-1999 by Ord. No. 1999-19.
A.
Intent and purpose. The provisions and prohibitions
hereinafter contained and enacted are in pursuance of and for the
purpose of securing and promoting the public health, morals and general
welfare of persons in the Township of Lumberton in their use of private
property and public rights-of-way through the regulation of placement,
appearance, number, size and servicing of newsracks on private property
and the public rights-of-way so as to:
(1)
Provide for pedestrian and driving safety and convenience;
(2)
Ensure no unreasonable interference with the flow
of pedestrian or vehicular traffic, including ingress to or egress
from any place of business or from the street to the sidewalk;
(3)
Provide reasonable access for the use and maintenance
of commercial stores, sidewalks, poles, posts, traffic signs and signals,
hydrants, mailboxes and similar appurtenances and access to locations
used for public transportation purposes;
(4)
Reduce visual blight on private property and the public
rights-of-way, protect the aesthetics and value of surrounding properties
and protect the quiet of residential areas;
(5)
Reduce exposure of the township to personal injury
or property damage claims and litigation; and
(6)
Protect the right to distribute information protected
by the United States and New Jersey Constitutions through use of newsracks.
B.
Preservation of constitutional rights. It is not the
intent of this chapter to in any way discriminate against, regulate
or interfere with the publication, circulation, distribution or dissemination
of any printed material that is constitutionally protected.
As used in this chapter, unless the context
otherwise clearly indicates:
One side of a street between two consecutive interacting
streets.
The person responsible for placing and maintaining a newsrack
on private property or in a public right-of-way.
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers or other news periodicals.
Any public or private area, paved or unpaved, designated
for the purpose of providing parking to the public.
The area between the sidewalk and the curb of any street,
and where there is no sidewalk, the area between the edge of the roadway
and the property line adjacent thereto. Parkway shall also include
any area within a roadway that is not open to vehicular travel.
Any person or persons or entity, including, but not limited
to, a corporation, partnership, unincorporated association or joint
venture.
That portion of a street improved, designed or ordinarily
used for vehicular travel, including the shoulders thereto.
Any surface provided for the exclusive use of pedestrians,
whether public or private.
All the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks.
A.
No person shall install, use or maintain any newsrack
which projects onto, into or which rests, wholly or in part, upon
the roadway of any public street.
B.
No person shall install, use or maintain any newsrack
which in whole or in part rests upon, in or over any sidewalk, parking
lot, parkway or private property:
(1)
When such installation, use or maintenance endangers
the safety of persons or property;
(2)
When such site or location is used for public utility
purposes, public transportation purposes or other governmental use;
(3)
When such newsrack unreasonably interferes with or
impedes the flow of pedestrian or vehicular traffic, including parked
or stopped vehicles; the ingress in or egress from any residence or
place of business; the use of poles, posts, traffic signs or signals,
hydrants, mailboxes or other objects permitted at or near said location;
(4)
When such newsrack interferes with the cleaning of
any sidewalk by the use of mechanical sidewalk cleaning machinery
wherein such cleaning is the responsibility of the township; or
(5)
In any other manner inconsistent with or in violation
of the provisions of this chapter.
It shall be unlawful for any person, firm or
corporation to erect, place, maintain or operate, on any parking lot,
street, sidewalk, private property or any public way or place in the
Township of Lumberton any newsrack without first having obtained a
permit from the Zoning Officer or such other officer or employee as
designated from time to time by the Township Committee specifying
the exact location of such newsrack. One permit may be issued to include
any number of newsracks and shall be signed by the applicant.
A.
Application for such permit shall be made, in writing,
to the Zoning Officer, or such other officer or employee as designated
from time to time by the Township Committee upon such form as shall
be provided by him or her and shall contain the name and address of
the applicant, the proposed specific location of said newsrack and
shall be signed by the applicant.
B.
From the above application information, the Zoning
Officer or such other officer or employee as designated from time
to time by the Township Committee shall approve the locations. He
shall be guided therein solely by the standards and criteria set forth
in this chapter. In any case where the Zoning Officer or such other
officer or employee as designated from time to time by the Township
Committee disapproves of a particular location, such disapproval shall
be without prejudice to the registrant designating a different location
or locations.
[Amended 12-5-2019 by Ord. No. 2019-17]
Conditions and applicable fees are detailed in the universal fee chart located in § 18-2, reference number 28, of the Code of the Township of Lumberton.
Every owner of a newsrack who places or maintains
a newsrack in a public right-of-way, including on a public parking
lot, parkway, sidewalk, roadway or street, in the Township of Lumberton
shall file a written statement with the Zoning Officer or such other
officer or employee as designated from time to time by the Township
Committee in a form satisfactory to the Township Attorney, whereby
such owner agrees to indemnify and hold harmless the township, its
officers and employees from any loss, liability or damage, including
expenses and costs, for bodily or personal injury and for property
damage sustained by any person as a result of the installation, use
and/or maintenance of a newsrack within the Township of Lumberton.
Every person who places or maintains a newsrack in a public right-of-way, including on parking lots, parkways, sidewalks, streets or roadways or on private property, in the Township of Lumberton shall have his permit number, name, address and telephone number affixed to the newsrack in a place where such information may be easily seen. Prior to the designation of location by the Zoning Officer or such other officer or employee as designated from time to time by the Township Committee under § 199-9 herein, the registrant shall present evidence of compliance with this section.
Any newsrack which rests in whole or in part
upon or on any portion of private property or a public right-of-way,
including on the parking lots, parkways, sidewalks, streets or roadways,
or which projects onto, into or over any part of a public right-of-way
shall be located in accordance with the following 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 chained, bolted or otherwise
attached to any fixture located in the public right-of-way, except
to other newsracks.
C.
Newsracks may be placed next to each other, provided
that no group of newsracks shall extend for a distance of more than
eight feet along a curb, sidewalk, parking lot, street, roadway or
otherwise, whether on public or private property, and a space of not
less than three feet shall separate each group of newsracks.
D.
No newsrack shall be placed, installed, used or maintained:
(1)
Within five feet of any marked crosswalk.
(2)
Within 15 feet of the 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, whether public or
private.
(5)
Within three feet ahead or 25 feet to the rear of
any sign marking a designated bus stop.
(6)
Within five feet of the outer end of any bus bench.
(7)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet.
(8)
Within three feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping or within three
feet of any display window of any building abutting the sidewalk or
parkway or in such a manner as to impede or interfere with the reasonable
use of such window for display purposes.
(9)
Within 100 feet of any other newsrack on the same
side of the street in the same block containing the same issue or
edition of the same publication.
(10)
On any or within 10 feet of any access ramp
for disabled persons and/or parking spot for disabled persons.
(11)
Within six feet of any entrance/exit doorway
to a commercial establishment, including emergency exits.
E.
No more than six newsracks shall be located on private
property and/or any public right-of-way within a space of 200 feet
in any direction within the same block of the same street. In determining
which newsracks shall be permitted to be located or to remain if already
in place, the Zoning Officer or such other officer or employee as
designated from time to time by the Township Committee shall be guided
solely by the following criteria:
Any newsrack which, in whole or in part, rests
upon, in or over any public sidewalk or parkway shall comply with
the following standards:
A.
No newsrack shall exceed four feet in height, 30 inches
in width or two feet in thickness.
B.
No newsrack shall be used for advertising signs for
publicity purposes other than that dealing with the display, sale
or purchase of the newspaper or news periodical 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 the person is unable to receive the paid
for publication. 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 serviced
and maintained so that:
(1)
It is reasonably free of dirt and grease;
(2)
It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof;
(3)
It is reasonably free of rust and corrosion in the
visible unpainted metal areas thereon;
(4)
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 discoloration;
(5)
The paper or cardboard parts or inserts thereof are
reasonably free of tears, peeling or fading; and
(6)
The structural parts thereof are not broken or unduly
misshapen.
[Amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
Any person or entity aggrieved by a finding,
determination, notice, order or action taken under the provisions
of this chapter may appeal and shall be appraised of his right to
appeal to the Lumberton Township Zoning Board of Adjustments. An appeal
must be perfected within 20 days after receipt of notice of any protested
decision or action by filing with the Zoning Board of Adjustments
a letter of appeal briefly stating therein the basis for such appeal
or other such forms as may be provided and required. A hearing shall
be held at the next available meeting date, provided that the agenda
permits, and the appellant shall be given at least five days' notice
of the time and place of the hearing. The Zoning Board of Adjustments
shall give the appellant, and any other interested party, a reasonable
opportunity to be heard in order to show cause why the determination
of the Zoning Officer should not be upheld. At the conclusion of the
hearing, the Board shall make a final and conclusive decision. This
decision shall be immediately appealable to a court of competent jurisdiction.
In the event that a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned and may be treated in the manner as provided in § 199-11 for newsracks in violation of the provisions of this chapter.
