[HISTORY: Adopted by the Township Committee
of the Township of Hanover 6-23-1983 by Ord. No. 32-83. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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:
A.
Within five feet of the curbline of any street.
B.
Within five feet of any marked crosswalk.
C.
Within 15 feet of the curb return of any unmarked
crosswalk.
D.
Within five feet of any fire hydrant, fire call box,
police call box or other emergency facility.
E.
Within three feet of any driveway.
F.
Within three feet of and 15 feet to the rear of any
sign marking a designated bus stop.
G.
Within three feet of any bus bench.
H.
At any location whereby the clear space for the passage
of pedestrians is reduced to less than six feet.
I.
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:
A.
No news vending machine shall exceed five feet in
height, 30 inches in width or two feet in depth.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
A.
Violations of this chapter shall be punishable by
a fine of up to $1,000 or by imprisonment for up to 90 days, or both,
per day, and each day shall be considered a separate violation.
[Amended 7-11-1991 by Ord. No. 16-91]
B.
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.
C.
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.
D.
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.
