As used in this article, the following terms shall have the meanings
indicated:
DISTRIBUTOR
Any person, firm or corporation responsible for placing, locating,
installing or maintaining a news vending machine in a public place in the
Borough of Haledon.
DRIVEWAY
That surface, whether improved or not, over and by which ingress
and egress are made onto private or public property by vehicles.
NEWSPAPER, NEWS PERIODICAL AND NEWS MAGAZINE
Any newspaper, periodical or magazine of general circulation as defined
by general law; any newspaper, periodical or magazine duly entered with the
Post Office Department of the United States in accordance with federal statute
or regulation; and any newspaper, periodical or magazine filed and recorded
with any recording officer as required by general law.
NEWS VENDING MACHINE
Any machine, rack, self-service or coin-operated box, container,
storage unit or other dispenser utilized and maintained for the sale and distribution
of newspapers, news periodicals, news magazines and any other similar publications.
ROADWAY
That portion of any street which is improved, designed, or ordinarily
utilized for vehicular traffic.
SIDEWALK
Any surface provided for the exclusive use of pedestrians, including
the area between the curb of any street and the property line adjacent thereto
or, if there is no curb, the area between the edge of the street and the property
line adjacent thereto; and shall include the public right-of-way along such
street or sidewalk.
STREET
All that area dedicated to public use for public street purposes
and includes but is not limited to roadways, parkways, alleys and sidewalks.
From and after the effective date of this article, if any distributor
shall locate or install a news vending machine which rests in whole or in
part on any public sidewalk or public right-of-way within the Borough of Haledon,
then, within 10 days from the date of such installation, such distributor
shall notify the Borough Superintendent of Public Works, in writing, of the
location and placement of such news vending machine. Such notice shall include:
A. The precise location of such news vending machine.
B. The name, address and telephone number of the distributor.
Any news vending machines which rest in whole or in part upon any portion
of the public sidewalk or public right-of-way or which project 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 news vending machine shall project onto, into or over
any part of the roadway of any public street or rest, wholly or in part, upon,
along or over any portion of the roadway of any public street.
B. No news vending machine shall be permitted to rest upon,
in or over any public sidewalk if the location of such news vending machine:
(1) Endangers the safety of persons or property;
(2) Unreasonably interferes with or impedes the flow of pedestrians
along the public sidewalk or public right-of-way;
(3) Unreasonably interferes with or impedes the flow of vehicular
traffic along the public roadway;
(4) Unreasonably interferes with the ingress or egress to
and from any public or private property; or
(5) Unreasonably interferes with traffic signs, traffic signals,
fire hydrants, police or fire call boxes, utility poles, mailboxes or other
equipment located on or near the public roadway, public sidewalks or the public
right-of-way.
C. News vending machines shall be chained, bolted or otherwise
secured so as to prevent their unauthorized removal or their accidental movement
within the public sidewalk or public right-of-way. News vending machines shall
not be chained, bolted or otherwise secured to any Borough-owned street sign
or traffic control device.
D. News vending machines may be placed next to each other and grouped, provided that no group of news vending machines shall extend for a distance of more than four feet along a curb and provided that the grouping of such machines shall not violate the provisions of Subsection
B of this section.
E. News vending machines shall not be placed, installed,
located, used or maintained:
(1) Within 10 feet of any marked crosswalk.
(2) Within 12 feet of a curb return of an unmarked crosswalk.
(3) Within 10 feet of any fire hydrant, fire call box, police
call box or other emergency facility or equipment.
(4) Within five feet of any driveway.
(5) Within a designated bus stop marked by a yellow curb,
except that news vending machines may be located within the first five feet
along the yellow curb, measured from the near side point of yellow curb, and
within the last five feet along the yellow curb, measured from the far side
point of yellow curb; provided, however, that such news vending machines do
not unreasonably interfere with the loading and unloading of passengers.