[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex
10-8-2002 by Ord. No. 1570. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 112.
As used in this chapter, the following terms shall have the meanings
indicated:
The person, firm or corporation responsible for placing and maintaining
a news vending machine in a public place in the Borough of Middlesex.
That surface, whether improved or not, over and by which ingress
and egress is made by private or public property or by which vehicles move
from private or public property onto a street.
Any machine, rack, self-service or coin-operated box, container,
storage unit or other dispenser utilized and maintained for the sale and/or
distribution of newspapers, news periodicals/news magazines and any other
similar publication.
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; any newspaper, periodical or magazine filed and recorded with
any recording officer as provided by general law.
That portion of any street improved, designed or ordinarily utilized
for vehicular traffic.
Any surface provided for the exclusive use of pedestrians, including
the area between the curb of any street and the sidewalk, or, if there is
no sidewalk, the area between the edge of the street and the property line
adjacent thereto.
All that area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
A.
It shall be unlawful for any person, firm or corporation
to erect, place, maintain or operate on any public street or sidewalk, or
in any other public way or place, in the Borough of Middlesex any news vending
machine without having obtained a permit from the Borough of Middlesex specifying
the exact location of such news vending machines. One permit may be issued
to include any number of news vending machines and shall be signed by the
applicant and will include the applicant's business address and telephone
number.
B.
Applications for such permit shall be made, in writing,
to the Borough of Middlesex upon such form as shall be provided by it and
shall contain the name, address and telephone number of the applicant, the
proposed specific location of each news vending machine to be placed, maintained
or operated and shall be signed by the applicant, a copy of which shall be
forwarded to the Borough Construction Official.
A.
An express condition of the acceptance of such permit,
the permittee thereby agrees to indemnify and save harmless the Borough, it's
officers, directors and employees against any loss, liability or damage and
defend same against claims for personal injury and/or property damage arising
from placement, maintenance or operation of the permittee's news vending machines
within the Borough of Middlesex.
B.
Permits shall be issued for the installation of news vending machines without prior inspection of the location, but such news vending machines and the installation, use, maintenance or operation thereof shall be conditioned upon observance of the provisions of this chapter. Permits shall be issued within 24 hours after the application has been filed. Inspection of said news vending machines shall be in accordance with § 284-4 of this chapter.
C.
The application for a permit to install, maintain or
operate a news vending machine or machines shall require the payment of a
one-time application fee of $10.
D.
There shall be a registration fee of $5 per news vending
machine payable at the time of application for a permit and hereinafter provided.
A.
All distributors shall make application to the Borough
of Middlesex if they have not previously done so for a permit to install any
news vending machine which, in whole or in part, rests upon, in or over any
pubic sidewalk or right-of-way no later than seven days from the date of placement
or installation.
B.
Within seven days from the receipt by the Construction
Official of the Borough of Middlesex of the distributor's application, the
Construction Official shall inspect the location and contact the distributor
by written letter, within five days thereafter, and inform the distributor
whether or not the news vending machines are placed and installed so as to
comport with the time, place and manner regulations set forth in this chapter.
C.
If the distributor shall receive written notice from
the Construction Official of the Borough of Middlesex that a news vending
machine is not placed or installed in conformity with the regulations set
forth in this chapter, the distributor shall have seven days from the date
of receipt of said notice in which to adjust the placement of the news vending
machines and to request written assurance from the Construction Official of
the Borough of Middlesex that the news vending machine is placed or installed
in conformity with the terms of this chapter.
D.
Should the distributor disagree with the finding of the
Construction Official of the Borough of Middlesex that the placement or installation
of a news vending machine is not in conformity with the provisions and regulations
of this chapter, the distributor shall have the right to petition the Borough
Council of the Borough of Middlesex, at least three days before the public
meeting next scheduled after the date of receipt of the notice, for a determination
of whether or not the distributor's placement of the news vending machine
meets the requirements set forth in this chapter. The Borough Council of the
Borough of Middlesex shall hear and receive evidence and testimony of the
distributor and the Construction Official of the Borough of Middlesex and
shall then render a written opinion confirming or denying the propriety of
the distributor's placement of the news vending machine.
E.
Should the Borough Council of the Borough of Middlesex
determine that the distributor's placement of the news vending machine is
not in accordance with the provisions of this chapter, the distributor shall
have 45 days from the date of the decision in which to cause the placement
of the news vending machine to conform to the terms of this chapter. Failure
to do so will result in a summons being issued to the distributor.
F.
Should the distributor disagree with the decision of
the Borough Council of the Borough of Middlesex, it shall have the right to
appeal the decision by way of an action in lieu of prerogative writ to the
Superior Court of New Jersey, Law Division, Middlesex County. The manner and
mode of such an action is prescribed by New Jersey Statutes and rules of court.
If such an appeal is taken from the determination of the Borough Council,
action on any summons issued pursuant to this chapter will be stayed.
G.
With respect to any news vending machines that may already
be in place and situate on any public sidewalks, rights-of-way or any other
public place within the Borough of Middlesex, the distributor shall have 20
days from the effective date of this chapter to comply with the requirements
of this chapter. Failure to so comply will result in a summons being issued
to the distributor pursuant to this chapter.
Any news vending machine which, in whole or in part, rests upon, in
or over any public sidewalk or roadway shall comply with the following standards:
A.
Each news vending machine shall be equipped with a coin
return mechanism to permit a person using the machine to secure an immediate
refund in the event that the vending machine door does not open. The coin
return mechanism shall be at all times maintained in proper and good working
order.
B.
Each news vending machine shall have affixed to it on
a readily visible place so as to be seen by anyone using the news vending
machine a notice setting forth the name and address of the distributor and
the telephone number of a working telephone service to call to report a malfunction
or to secure a refund in the event of a malfunction of the coin return mechanism
or to give the notices provided for in this chapter.
Any news vending machine which rests in whole or in part upon or on
any portion of a public sidewalk or 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 news vending machines shall be installed, 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 or over any portion
of the roadway of any public street.
B.
No news vending machine shall be permitted to rest upon
or over any public sidewalk, when such installation, in 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 or egress from
my residence or place of business; or
(4)
Unreasonably interferes with the use of traffic signs
or signals, hydrants or safety devices permitted at or near said location.
C.
News vending machines shall be chained, bolted or otherwise
secured so as to prevent their being blown down or around the public right-of-way.
News vending machines may not be secured to municipal property.
D.
News vending machines may be placed next to each other,
provided that no group of news vending machines shall extend for a distance
of more than six feet along a curb and no news vending machine shall be placed
within four feet of any group of three news vending machines already placed
pursuant to this section.
E.
News vending machines shall not be placed, installed,
used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within 12 feet of a curb return of any unmarked crossway.
(3)
Within five feet of any fire hydrant, fire call box,
police call box or other emergency facility.
(4)
Within five feet of any driveway.
(5)
Within three feet of or on any public area improved with
lawn, flowers, shrubs, trees or other landscaping. The area between a sidewalk
and a curb and/or street shall not be considered an improved area for the
purposes of this section.
(6)
On any residential property without written
permission of the owner.
A.
Any news vending machine which is not utilized, operated
or kept in service for a period of 30 consecutive days and which is left at
its registered location in said condition of being out of service shall be
deemed to be abandoned and as such shall be subject to removal at the owner's
expense.
B.
Any news vending machine so removed due to its being
abandoned shall be stored in a secure area, and the owner thereof shall be
notified of its removal by letter within five business days. If the owner
of any such news vending machine does not reclaim said machine or notify the
Borough of Middlesex of said owner's intent to reclaim said machine within
seven days of the notice of removal of any such machine, then such machine
shall become subject to the laws of abandoned property and shall be treated,
utilized or discarded by the Borough of Middlesex as such.
A.
A fine up to $100.
B.
A summons may be issued for each day that the distributor
fails to comply with the provisions of this chapter.
C.
Any patron or person who defaces or vandalizes any news
vending machine in the Borough of Middlesex shall be charged with a disorderly
persons offense in accordance with the criminal statutes of the State of New
Jersey or a violation of any appropriate municipal ordinance.
D.
In addition to any other remedy available to the Borough
of Middlesex, any news vending machine which is placed without a permit being
issued, for which the permit has expired, or which has been chained to municipal
property or utility poles without permission may be removed in the discretion
of the Borough after providing the owner with 10 days' written notice of the
violation. Said notice may be either mailed to the owner or placed on the
box.
E.
Any news vending machine removed by the Borough shall
be returned to the owner upon payment of the fee established by the Borough
Council to cover the cost of removal and storage.
F.
Any news vending machine not claimed within 30 days may
be discarded by the Borough.
