[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 147 of the 1993 Code. Amendments noted where applicable.]
The uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings and persons performing essential utility, traffic control and emergency services.
Newsracks so located cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein constitute public nuisances.
The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health and general welfare of persons in the Township of Manalapan in their use of public rights-of-way.
As used in this chapter, the following terms shall have the meanings indicated:
- BUS SHELTER
- Any structure providing protection the elements to persons waiting for or departing from regularly scheduled buses.
- The person, association of persons, firm or corporation who shall be responsible, in whole or part, jointly or severally, for the placement and maintenance of a newsrack in the public right-of-way.
- Any publication, magazine, periodical, leaflet or similar printed matter.
- Any self-service or coin-operated box, stand, rack, container, storage unit or other dispenser installed, used or maintained for the purpose of offering for sale, vending, distributing or giving away any publication.
- Any surface provided for the exclusive use of pedestrians, including the area between the sidewalk and the curb of any street, or, if there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto.
- All the area dedicated to public use for public street purposes, including but not limited to roadways, parkways, alleys and sidewalks.
Any newsrack which, in whole or in part, rests upon, in or over any public sidewalk or street or right-of-way shall comply with the following standards:
No newsrack shall exceed 60 inches in height, 30 inches in width or 24 inches in thickness.
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.
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times.
Any newsrack which rests, in whole or in part, upon or in 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:
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.
No newsrack shall be permitted to rest upon, in or over any public sidewalk when such installation, use or maintenance:
Endangers the safety of persons or property.
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle.
Unreasonably interferes with the ingress into or egress from any residence or place of business.
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
No newsrack shall be chained, wired, bolted or in any way affixed to any sign, stanchion or tree unless said sign, stanchion or tree is the property of the owner of said newsrack or the owner of said newsrack receives written permission from the owner of said sign, stanchion or tree.
No newsrack shall be placed, installed used or maintained:
Within five feet of any marked crosswalk.
Within 15 feet of curb return of any unmarked crosswalk.
Within 10 feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within five feet of any driveway.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
Newsracks may be placed, used, maintained or installed adjacent or attached to a bus shelter, provided that:
The newsrack does not endanger the safety of persons or property.
The newsrack does not unreasonably interfere with or impede the flow of pedestrians or vehicular traffic.
The newsrack does not interfere with pedestrian ingress to or egress from the bus shelter.
The newsrack is set back from the roadway of any public street a minimum distance equal to the distance from that roadway to the line of the face of the bus shelter furthest from the roadway.
Any person or persons, firm, partnership, association or corporation, or employee thereof, who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500. For the purposes of this section, each violation of a section or subsection of this chapter and each day that a violation continues shall constitute a separate offense.