[HISTORY: Adopted by the Township Committee of the Township of Hanover 6-23-1983 by Ord. No. 32-83. Section 183-8A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- NEWS VENDING MACHINE
- Any machine, rack or other instrumentality utilized for the sale or distribution of newspapers, news periodicals, news magazines and similar types of publications, which is located within the right-of-way of any public street, including the sidewalk areas, or which rests wholly or in part upon, along or within the right-of-way of any public street.
No person shall install, use or maintain any news vending machine which is to be located in whole or in part within the right-of-way of any public street, including the sidewalk, which use or maintenance endangers the safety of persons or property or when the location of said news vending machine interferes with any public utility, public transportation or other governmental use or when such news vending machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or the egress from any residence, place of business or any legally placed or stopped vehicle or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location of said news vending machines or when such news vending machine interferes with the cleaning of any sidewalk or machine with mechanical cleaning machinery.
No person shall place. install or maintain any news vending machine contrary to the following rules and regulations:
Within five feet of the curbline of any street.
Within five feet of any marked crosswalk.
Within 15 feet of the curb return of any unmarked crosswalk.
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within three feet of any driveway.
Within three feet of and 15 feet to the rear of any sign marking a designated bus stop.
Within three feet of any bus bench.
At any location whereby the clear space for the passage of pedestrians is reduced to less than six feet.
Within three feet of any area improved with lawns, flowers, shrubs or trees 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.
Any news vending machine which, in whole or in part, is located within the right-of-way of a public street or in or over any sidewalk shall comply with the following standards:
No news vending machine shall exceed five feet in height, 30 inches in width or two feet in depth.
No news vending machine shall be chained, bolted or otherwise attached to any property not owned by the owner of the news vending machine or to any permanently fixed object.
News vending machines may be chained or otherwise attached to one another; however, no more than three news vending machines may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three news vending machines so attached.
No news vending machine, or group of attached news vending machines allowed under Subsection C hereof, shall weigh, in the aggregate, in excess of 125 pounds when empty.
No news vending machine shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.
Each news vending machine shall be maintained in a clean, neat and attractive condition, and in good repair at all times.
Prior to any person locating a news vending machine within the Township of Hanover, said person shall first receive approval of the location of same from the Chief of Police of the Township of Hanover in order to determine, prior to locating the machine, that the same will in fact be located in accordance with the restrictions contained in this chapter. Said approval of location shall be granted by the Chief of Police without any fee being charged.
Any person who places or maintains a news vending machine within the right-of-way of the public streets in the Township of Hanover shall have his name, address and telephone number affixed thereto at a place where such information may be easily seen.
No person shall sell, offer for sale or keep or maintain any newspaper or news periodical in any news vending machine on any sidewalk in such manner as to expose to the public view any photograph, cartoon or drawing contained within such publication, displaying any of the following:
However, prior to the filing of a summons in the Municipal Court for a violation of this chapter, the enforcing officer or agent shall give written notice by certified mail, return receipt requested, to the person maintaining the news vending machine, giving said person not less than five days to correct the violation.
In the event that a violation is not corrected within said period of five days, a summons shall be issued for each day the violation continues thereafter.
In addition, upon conviction of a violation of this chapter, the enforcement officers for purposes of this chapter shall remove the news vending machine from its location within the public right-of-way of any street in the Township of Hanover and return the same to the person who is identified on the machine as the person who placed and maintained the news vending machine. In the event that the news vending machine contains no identification as to the person who placed same and maintained same, the enforcement officers of the Township of Hanover are authorized to remove the same and dispose of the same without giving notice or prosecuting the violation of this chapter within the Municipal Court of the Township of Hanover.
This chapter shall be enforced by the Police Department of the Township of Hanover and the Construction Code Official of the Township of Hanover.