[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.]
A.
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.
B.
Newsracks so located cause an inconvenience or danger
to persons using public rights-of-way, and unsightly newsracks located therein
constitute public nuisances.
C.
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:
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:
A.
No newsrack shall exceed 60 inches in height, 30 inches
in width or 24 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 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:
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 into or egress
from any residence or place of business.
(4)
Unreasonably interferes with the use of traffic signs
or signals, hydrants or mailboxes permitted at or near said location.
C.
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.[1]
D.
No newsrack shall be placed, installed used or maintained:
(1)
Within five feet of any marked crosswalk.
(2)
Within 15 feet of curb return of any unmarked crosswalk.
(3)
Within 10 feet of any fire hydrant, fire call box, police
call box or other emergency facility.
(4)
Within five feet of any driveway.
(5)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet.
E.
Newsracks may be placed, used, maintained or installed
adjacent or attached to a bus shelter, provided that:
(1)
The newsrack does not endanger the safety of persons
or property.
(2)
The newsrack does not unreasonably interfere with or
impede the flow of pedestrians or vehicular traffic.
(3)
The newsrack does not interfere with pedestrian ingress
to or egress from the bus shelter.
(4)
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.
