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Borough of Stone Harbor, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor as Sec. 4-23 of the 1982 Revised General Ordinances; amended in its entirety 10-3-2006 by Ord. No. 1268. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Outdoor sales — See Ch. 438, Art. II.
It shall be unlawful to place newspapers or advertising circulars on the public right-of-way or other public property within the Borough limits of the Borough of Stone Harbor, except in vending machines and except as set forth below.
For purposes of this chapter, the term "newspaper" shall mean a publication, issued anew daily or weekly, containing current news, editorials and feature articles and usually advertising and shall also include any publication commonly described as an “advertising circular” which shall include any printed material in the form of a periodical, pamphlet or other format that is designed to advertise any business, though it may contain collateral informational articles. Seven areas shall be permitted in the rights-of-way and other public property of the Borough of Stone Harbor for the location of newspaper vending machines. At each location, not more than 10 vending machines shall be permitted, and no one newspaper shall be distributed from more than one machine at any location. At least seven of the 10 vending machines shall be coin-operated. The Borough of Stone Harbor shall designate and prepare the locations which are in the following general areas:
A. 
82nd Street recreation area adjacent to the recreation building.
B. 
The west side of First Avenue between 96th and 97th Streets.
C. 
The eastern parking lot on the north side of the street between Third Avenue and Sunset Drive.
D. 
The Bird Sanctuary parking area on Third Avenue.
E. 
Southwest corner of 80th Street and First Avenue.
F. 
122nd Street near the beach access road.
G. 
81st Street and the Bay near the boat ramp.
All vending machines shall be kept in good repair and shall be kept clean and neat in appearance. Unsold newspapers and newspaper wrappings must be either removed from the Borough or delivered to the Borough barn or other collection point for Borough recyclables.
A. 
The permit shall be distributed on a first-come, first-serve basis beginning on the first business day of January of each year, and each person or association of persons desiring to use a newspaper vending machine location shall apply to the Borough Clerk who shall issue same upon the payment of a permit fee as estabished from time to time by resolution of Borough Council. The purpose of the fee is to defray costs of the permit process and the costs of preparation and maintenance of the vending locations.
[Amended 12-5-2006 by Ord. No. 1272]
B. 
The permit shall run from January 1 to December 31 in the following year, and the permit fee shall be for the full year or any part thereof.
Each vending machine shall have affixed to it a clearly legible contact phone number for use by the public in connection with any problems related to the machine.
It shall be a violation of this chapter for any person, business or other entity to utilize a vending machine for the sale of tobacco products.
A. 
Any person or association of persons convicted of a violation of this chapter shall be subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code.
B. 
Each machine improperly located or located without paying the permit fee shall be impounded until the case has been heard by the Municipal Court, after which said machine shall be returned to its owner under terms set forth by the Municipal Court Judge.