As used in this chapter, the following terms
shall have the meanings indicated:
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack
on a public right-of-way.
NEWSPAPER
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law.
NEWSRACK
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers only.
NUDITY
The showing of less than a fully opaque covering of the genitals,
pubic hair, buttocks, natal cleft, perineum, anus or anal region of
any person, other than a child under the age of puberty, or any portion
of the breast at or below the areola thereof, of any female person,
other than a child under the age of puberty, or the depiction of covered
male genitals in a discernibly turgid state.
OFFENSIVE
That the work in which the representations appear, taken
as a whole, appeals to the prurient interest and patently depicts
or portrays the prohibited sexually explicit material in a manner
which, taken as a whole, lacks serious literary, artistic, political
or scientific value.
PICTORIAL MATERIAL
Any material suggesting or conveying a visual image, and
includes, but is not limited to, a photograph, painting or drawing.
ROADWAY
That portion of a street improved, designated or ordinarily
used for vehicular travel.
SEXUALLY EXPLICIT MATERIAL
Any pictorial material depiction of human sexual intercourse,
husband or animal masturbation, bestiality, oral intercourse and intercourse,
human-animal intercourse, excretory functions, homosexual acts, direct
physical stimulation or touching of unclothed genitals or pubic areas
of the human male or female, flagellation or torture by or upon a
person in the context of a sexual relationship or sexual stimulation.
The material shall be judged without regard to any covering which
may be affixed or printed over the material in order to obscure genital
areas in a depiction otherwise falling within the definitions of this
section. Works of art or of anthropological significance are not included
within this definition.
SIDEWALK
Any surface provided for the exclusive use of pedestrians.
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.
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
Totowa any newsrack without first having obtained a permit from the
Borough Clerk specifying the exact location of such newsrack or newsracks.
One permit may be issued to include any number of newsracks and shall
be signed by the applicant.
Application for such permit shall be made, in
writing, to the Borough Clerk, and approved by the Mayor and Council
upon such from as shall be provided by them and shall contain the
name and address of the applicant, the proposed specific location
of said newsrack or newsracks and shall be signed by the applicant.
Any newsrack which, in whole or in part, rests
upon or over any public sidewalk or parkway, shall comply with the following standards:
A. No newsrack shall exceed 60 inches in height, 24 inches
in width or 20 inches in thickness.
B. No newsrack shall be used for advertising signs or
publicity purposes other than that dealing with the display, sale
or purchase of the newspaper sold therein.
C. Each newsrack shall be equipped, with a coin-return
mechanism to permit a person using the machine to secure an immediate
refund in the event he is unable to receive the publication paid for.
The coin-return mechanisms shall be maintained in good working order.
D. Each newsrack shall have affixed to it in a readily
visible place so as to be seen by anyone using the newsrack 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.
E. Each newsrack shall be maintained in a neat and clean
condition and in good repair at all times. Specifically, but without
limiting the generality of the foregoing, each newsrack shall be serviced
and maintained so that:
(1) It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof.
(2) It is reasonably free of rust and corrosion in the
visible unpainted metal areas thereon.
(3) The clear plastic or glass parts thereof, if any,
through which the publications therein are viewed are unbroken and
reasonably free of cracks, dents, blemishes and discolorations.
(4) The paper or cardboard parts or inserts thereof, if
any, are reasonably free of tears, peelings or fading.
(5) The structural parts thereof are not broken or unduly
misshapen.
F. It shall be unlawful for any person or place to maintain
any publication of material in newsracks which exposes to public view
any pictorial material which depicts or appears to depict nudity or
offensive sexually explicit material.
Any newsrack which rests in whole or in part
upon or on any portion of a 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 newsrack shall be 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, along or over any portion of
the roadway of any public street.
B. No newsrack shall be permitted to rest upon, in or
over any public sidewalk when such installation, 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 to or egress
from any residence or place of business; or
(4) Unreasonably interferes with the use of traffic signs
or signals, hydrants or mailboxes permitted at or near said location.
C. The newsrack or newsracks shall be chained, bolted
or otherwise secured so as to prevent their being blown down or around
the public right-of-way.
D. Newsracks may be placed next to each other, provided
that no group of newsracks shall extend for a distance of more than
four feet along a curb.
E. No newsrack shall 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 crosswalk.
(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) At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet.
(6) Within three feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping.
(7) Within 100 feet of any other newsrack on the same
side of the street in the same block containing the same issue or
edition of the same publication.
(8) Within 200 feet of any church, park, playground or
public schoolhouse or private schoolhouse not conducted for pecuniary
profit or any store which, as of the date of this chapter, offers
newspapers for sale. Said 200 feet shall be measured in the normal
way that a pedestrian would properly walk from the nearest entrance
of said church, park, playground, school or store to the location
of the newsrack sought to be permitted. The limitations of this subsection
may be waived at the issuance of the license and at each renewal thereafter
on authority of such church, school or store, such waiver to be effective
until the date of the next renewal of the license.
Any person or persons, firm, partnership, association
or corporation or employee thereof who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
not exceeding $100.