As used in this chapter, the following terms shall have the meanings
indicated:
MODULAR NEWSRACK BOX ASSEMBLY (MNBA)
A unit that has assembled together two or more newsrack boxes in
a housing that is supported by one or more pedestals. The modular newsrack
box assembly is then permanently attached to a sidewalk or concrete pad by
bolts or other such fasteners. Newspapers are distributed by placing such
newspapers in the various newsrack boxes by various newspaper vendors. Two
or more newspaper vendors may distribute newspapers from a modular newsrack
box assembly. Attached hereto is an illustration of a similar MNBA to provide a visual of such a unit. The attached
illustration contains four newsrack boxes; however, the unit may be enlarged
to up to 10 newsrack boxes in one MNBA unit.
NEWSPAPER VENDOR
Any person or other legal entity distributing publications by the
use of a newsrack box in the Borough of Pennington
NEWSRACK BOX OR NEWSRACK
A rectangular cube-type box that has a windowed door on its front
for the purposes of viewing inside the cube-shaped box and also to gain access
to the box. Newspapers or other news periodicals are placed in the newsrack
box for the purposes of distribution. One gains access to the interior of
the newsrack box by opening the front widowed door. The newsrack box may be,
but need not be, accessed by inserting coined money to unlock the access door.
No person shall install, use or maintain any newsrack within the Borough
of Pennington except as specifically provided in this chapter.
The MNBA units located on public sidewalks, public property, and on
the exterior of any building on private property shall be installed in accordance
with the following criteria:
A. No MNBA unit shall be installed wherein it impedes the
flow of pedestrian or vehicular traffic.
B. No MNBA unit shall be installed wherein it endangers
the public safety of persons or property.
C. No MNBA unit shall be installed where it interferes with
the ingress and egress from any residence or place of business.
D. No MNBA unit shall be located wherein its location interferes
with the use of traffic signs, traffic signals, fire hydrants, utility poles,
mailboxes, and other such police, fire, and/or traffic control devices.
E. The content of the newspaper publication shall not be
considered in determining the manner of and place of location of the MNBA
unit.
F. The newspaper vendor does not need a license, permit
or other such approval to distribute its newspaper in Pennington.
G. The MNBA unit shall be placed in a location in keeping
with the character and zoning in Pennington so as to minimize the visual appearance
and clutter of newsracks, but not at the expense of the newspaper vendor's
First Amendment right to distribute its newspaper.
H. No MNBA unit shall be installed above or within a proximity
to interfere with the use, maintenance, and/or repair of any gas line, water
line, sewer line or other such utility line.
I. No MNBA unit shall be located so as to impede the lawful
use of any buildings or access thereto.
J. No MNBA unit shall be located so as to interfere with
the growth of any municipally owned shade trees, plants, and shrubs existing
in the right-of-way sidewalk area.
K. No MNBA unit shall be located to interfere with the use
of municipally installed public benches and seating.