As used in this chapter, the following terms shall have the meanings
indicated:
DISTRIBUTOR
The person, firm or corporation responsible for placing and maintaining
a news vending machine in a public place in the Borough of Middlesex.
DRIVEWAY
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.
NEWS VENDING MACHINES
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.
NEWSPAPER, NEWS PERIODICALS/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; any newspaper, periodical or magazine filed and recorded with
any recording officer as provided by general law.
ROADWAY
That portion of any street 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 sidewalk, or, if there is
no sidewalk, the area between the edge of the street and the property line
adjacent thereto.
STREET
All that area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
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.