[HISTORY: Adopted by the Board of Commissioners of the Borough of Haddonfield 1-27-1998 by Ord. No. 1761.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Merchandise display — See Ch. 95.
ATTACHMENTS
Attachment 1 - Statement of Legislative Intent
[1]
Editor's Note: This ordinance also contained a statement of legislative intent, which can be found at the end of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
DOUBLE NEWSRACK BOX
Two single newsrack boxes, one above the other, wherein the double newsrack box functions as one large box with one windowed access door to gain access to the entire double newsrack box.
MODULAR NEWSRACK BOX ASSEMBLY (MNBA)
A unit that has assembled together two or more newsrack boxes in a housing that is supported by one or more pedestals. The modular newsrack box assembly is then permanently attached to a sidewalk or concrete pad by bolts or other such fasteners. Newspapers are distributed by placing such newspapers in the various newsrack boxes by various newspaper vendors. Two or more newspaper vendors may distribute newspapers from a modular newsrack box assembly. (Attached hereto is an illustration of a similar MNBA to provide a visual of such a unit. The attached illustration contains four newsrack boxes; however, the unit may be enlarged to up to 10 newsrack boxes in one MNBA unit.[1])
NEWSRACK BOX
A rectangular cube-type box that has a windowed door on its front for the purposes of viewing inside the cube-shaped box and also to gain access to the box. Newspapers are placed in the newsrack box for the purposes of distribution. One gains access to the interior of the newsrack box by opening the front widowed door. The newsrack box may be, but need not be, accessed by inserting coined money to unlock the access door.
[1]
Editor's Note: The illustration is on file in the Clerk's office.
A. 
Only MNBA units shall be permitted to be installed on the public sidewalks, public property, and on the exterior of any building on private property in the Borough of Haddonfield (hereafter Haddonfield) within the zones identified as the C Commercial District, in the CBD Central Business District, and in the O Office District. MNBA units, freestanding newsrack boxes, and other such newspaper vending units shall not be permitted to be placed on the exterior of any building in any residential district. No other newsrack boxes, MNBA units, or other such newspaper vending units shall be permitted to be placed anywhere in Haddonfield, except as is provided in this chapter. [1]
[1]
Editor's Note: Amended at time of time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The newspaper vendors shall be obligated to purchase at their expense their own newsrack boxes and also to share in the cost of the purchase of the MNBA unit with other newspaper vendors sharing the MNBA unit in question. In the event Haddonfield purchases either the newsrack box and/or the MNBA unit for and on behalf of a newspaper vendor or vendors, such newspaper vendor or vendors shall reimburse Haddonfield its out-of-pocket expense for such purchases wherein each vendor shall pay its proportionate share of such out-of-pocket expenses. Haddonfield shall not receive any additional money above and beyond that which it expended for the newsrack boxes and/or the MNBA unit. Haddonfield prefers that the newspaper vendors purchase the newsrack boxes and the MNBA units.
C. 
Maintenance, repair, and service of each newsrack box and MNBA unit shall be the obligation of the newspaper vendors respectively. In the event the Borough of Haddonfield expends any moneys for such, the Borough of Haddonfield shall be reimbursed its expenditures, by the newspaper vendors who were obligated to make such expenditures. Prior to Haddonfield performing any maintenance, repairs or service to the newsrack boxes and/or MNBA units, Haddonfield will take reasonable steps and efforts to cause the responsible newspaper vendors to perform such maintenance, repair and/or service.
D. 
The style, color, size, material, and design of the newsrack box and the MNBA unit shall be determined by Haddonfield.
E. 
The installation locations of the MBNA units on the public property or public sidewalks within Haddonfield shall be selected by Haddonfield as described in more detail herein. The newspaper vendors shall be obligated to arrange for the installation work for each MNBA unit installed on the public sidewalks or public property, at the newspaper vendor's own expense.
F. 
The MNBA units can accommodate from two to 10 single newsrack boxes. There is no limit on the reasonable number of MNBA units that can be located in the Borough of Haddonfield in compliance with this chapter.
G. 
There is no limit to the reasonable number of newsrack boxes that a particular newspaper vendor can utilize, except that a newspaper vendor is permitted to have only one newsrack box per MNBA unit whenever other newspaper vendors wish to utilize a newsrack box in such MNBA unit. For the purposes of this chapter, a double newsrack box is considered as one newsrack box.
H. 
There are no time restrictions as to when the public may access the newsracks to obtain newspapers; that is, such access may occur 24 hours per day, seven days per week, since the MNBA's are not located in the residential districts.
I. 
Any other type of individual freestanding newspaper vending machines, boxes, newsracks, etc., whether coin-operated or otherwise, are prohibited in the Borough of Haddonfield. Any such prohibited units existing after the adoption of this chapter shall be removed by the particular owner of such unit no later than 90 days after the effective date of this chapter or at an earlier date when such newspaper vendor has been afforded the opportunity of replacement distribution by utilization of a newsrack box in an MNBA unit or units from which to distribute newspapers in accordance with this chapter.
J. 
After the adoption of this chapter, newspaper vendors shall take timely action to comply with the terms of this chapter. A newspaper vendor may seek, in writing, an extension of the ninety-day removal time limit, for just cause, stating the newspaper vendor's reasons why such extension should be granted, provided that such newspaper vendor had taken timely action to comply with this chapter and its reasons for noncompliance are due to reasons other than the actions or inactions of the newspaper vendor requesting the extension. Haddonfield will not unreasonably deny such requests for an extension.
A. 
A newspaper vendor desiring a general location for a newsrack box within an MNBA unit shall submit such request in writing to Haddonfield, as required in this chapter. Haddonfield shall make available a location or locations to each newspaper vendor who request a location or locations. Haddonfield will seek to identify a location as close as practicable to that which had been requested by the newspaper vendor, taking into account the criteria of this chapter. In the event the Borough of Haddonfield is unable to grant the vendor's request for a specific location, the Borough of Haddonfield will identify its reasons for such a decision based on the criteria of this chapter, and in such event the Borough of Haddonfield will identify an alternative location or locations that are available to the applying newspaper vendor. In no event shall the newspaper vendor be denied the right to distribute its papers. The newspaper vendors right to distribute shall not be abridged by Haddonfield in that the Borough of Haddonfield shall make available a location or locations to each newspaper vendor who requests a location or locations.
B. 
Haddonfield, in its discretion, shall determine the specific location of each MNBA unit. The determination of the place and manner of installation of such MNBA units shall be made by the Borough of Haddonfield in its discretion wherein its discretion shall not be exercised unreasonably, capriciously or arbitrarily, and shall be made in accordance with the criteria of this chapter, as governed by federal and state law.
The MNBA units located on public sidewalks, public property, and on the exterior of any building on private property shall be installed in accordance with the following criteria:
A. 
No MNBA unit shall be installed wherein it impedes the flow of pedestrian or vehicular traffic.
B. 
No MNBA unit shall be installed wherein it endangers the public safety of persons or property.
C. 
No MNBA unit shall be installed where it interferes with the ingress and egress from any residence or place of business.
D. 
No MNBA unit shall be located wherein its locations interferes with the use of traffic signs, traffic signals, fire hydrants, utility poles, mailboxes, and other such police, fire, and/or traffic control devices.
E. 
The content of the newspaper publication shall be considered in determining the manner of and place of location of the MNBA unit.
F. 
The newspaper vendor does not need a license, permit or other such approval to distribute its newspaper in Haddonfield.
G. 
The MNBA unit shall be placed in a location in keeping with the historic character and historic zoning in Haddonfield so as to minimize the visual appearance and clutter of newsracks, but not at the expense of the newspaper vendor's First Amendment right to distribute its newspaper.
H. 
No MNBA unit shall be installed above or within a proximity to interfere with the use, maintenance, and/or repair of any gasline, waterline, sewer line or other such utility line.
I. 
No MNBA unit shall be located so as to impede the lawful use of any buildings.
J. 
No MNBA unit shall be located so as to interfere with the growth of any municipally owned shade trees, plants, and shrubs existing in the right-of-way sidewalk area.
K. 
No MNBA unit shall be located to interfere with the use of municipality installed public benches and seating.
A. 
A newspaper vendor seeking to distribute its newspapers in Haddonfield, in accordance with this chapter, shall make a request in writing to the Borough of Haddonfield for a location within Haddonfield.
B. 
The newspaper vendor is to identify the location by designating a corner of a particular intersection and/or by reciting dimensions from some fixed identifiable structure or object, and/or by some other method of identifying the location so as to clearly inform Haddonfield of the location requested.
C. 
Haddonfield shall review the request and shall make the final determination as to the location of the MNBA unit. Haddonfield must take into account the requests of other newspaper vendors, in an effort to coordinate the location of the MNBA units with the requests of all newspaper vendors, in an effort to establish the necessary number of two or more newsrack boxes in MNBA units. In the event several newspaper vendors select a particular intersection and/or location and identify different corners and/or locations, Haddonfield will consolidate those requests into the MNBA unit and identify the specific location where the MNBA should be placed in accordance with the criteria in this chapter.
D. 
Haddonfield shall inform the newspaper vendor no later than 20 business days of receipt of its request as to the location of the MNBA unit wherein such vendor may place its papers for distribution from a newsrack box. In the event Haddonfield selects an alternative location or locations to the one requested by the vendor, Haddonfield will recite its reasons as to why the alternate location or locations in question had been selected.
E. 
A newspaper vendor is permitted to make as many requests as is reasonably necessary for the distribution of its newspapers in the Borough of Haddonfield. There is no limitation on the reasonable number of requests or on the reasonable number of locations that a particular newspaper vendor may utilize in accordance with this chapter.
F. 
At the adoption of this chapter, freestanding newsracks exist at various locations in the Borough of Haddonfield. In the event one or more of such locations are requested by newspaper vendors who presently have a freestanding newsrack at such locations, such newspaper vendor's request shall receive preference as to a newsrack box in an MNBA unit at such location or the alternative to such location.
G. 
The earliest received location request shall have a preference over subsequent requests for the same location or alternate to that location.
H. 
In the event the newspaper vendor disagrees with Haddonfield's decision concerning its request for a location or any other decision related to this chapter, such newspaper vendor may request to Haddonfield, in writing, a reconsideration of Haddonfield's decision, stating its position concerning its request for reconsideration. Haddonfield shall respond to such requests for reconsideration within 20 days of its receipt by Haddonfield.
A. 
Haddonfield has selected the general locations recited herein below as locations for the MNBA units to be installed in accordance with this chapter. The below-listed locations are not exhaustive or exclusive. Others may be added by the Borough of Haddonfield on its own and/or at the request of newspaper vendors by resolution without the need to amend this chapter. For the purpose of reference in this chapter, Kings Highway, in the Borough of Haddonfield, is considered to run east and west. The easterly direction of Kings Highway is towards Cherry Hill; the westerly direction is towards Haddon Heights. Haddon Avenue is considered to run north and south. The northerly direction of Haddon Avenue is toward Collingswood; the southerly direction is toward Voorhees Township.
B. 
The following locations are permissible general locations for the installation of MNBA units, wherein the specific location shall be determined by Haddonfield in accordance with this chapter:
(1) 
Tanner Street and Kings Highway East intersection, on the northwest corner wherein the MNBA unit would face Tanner Street, and be placed on the westerly edge of the sidewalk, by the building wall.
(2) 
North Haddon Avenue and Hawthorne Avenue intersection on the northeast corner wherein the MNBA unit would face Haddon Avenue and be placed on the westerly edge of the sidewalk in the park strip.
(3) 
South Haddon Avenue and Harding Avenue intersection on the north east corner wherein the MNBA unit would face Haddon Avenue and be placed on the easterly edge of the sidewalk against the landscape tie wall.
(4) 
Kings Highway and Chestnut Street intersection on the southeast corner facing Chestnut Street and placed on the easterly edge of the sidewalk against the building wall.
A. 
Any person or entity who violates any provision of this chapter shall be notified in writing of such violation and shall have 15 days from the date of the notice to correct the violation.
B. 
Any person or entity who violates any provision of this chapter and continues such violation for more than 15 days after having received the above notice, shall be punished as provided in Chapter 1, General Provisions, § 1-14. Each day may be considered a separate offense.