Newspaper vending machines, hereinafter referred to as "newsracks,"
may be maintained in the Borough of New Providence, subject to the following.
No person, firm or corporation shall install, use or maintain any newsrack
which projects onto, into or over any part of the roadway of any public street
or which rests wholly or in part upon any portion of a roadway.
No person shall install, use or maintain any newsracks which in whole
or part rests upon, in or over any sidewalk when such installation, use or
maintenance endangers the safety of person or property.
Any newsrack which in whole or in part rests upon, in or over any sidewalk
shall comply with the following standards:
A. No newsrack shall exceed four feet in height, 30 inches
width or two feet in depth.
B. Newsracks placed adjacent to the wall of a building shall
be placed parallel to such wall and not more than six inches from the wall.
Newsracks placed near the curb shall be placed no less than six inches from
the edge of the curb.
C. Newsracks may be chained or otherwise attached to one
another; however, no more than three newsracks may be joined together in this
manner, and a space of no less than three feet shall separate each group of
three newsracks so attached. No newsrack can be chained or otherwise attached
to any utility pole, traffic control sign or other permanent fixture on the
sidewalk.
D. No newsrack or group of attached newsracks allowed under
Subsection
C hereof shall weigh, in the aggregate, in excess of 125 pounds
when empty.
E. No newsrack shall be placed, installed, used or maintained
within:
(1) Three feet of any marked crosswalk.
(2) Fifteen feet of the curb return of any unmarked crosswalk.
(3) Eight feet of any fire hydrant, fire call box, police
call box or other emergency facility.
(4) Three feet of any driveway.
(5) Ten feet to the rear of any sign or other demarcation
marking the beginning of a designated bus stop.
(6) Three feet of any bus bench, except where such bench
is within a bus shelter, in which event this restriction shall not apply,
provided that the newsrack is not placed within such bus shelter.
(7) Three feet of any display window of any building abutting
the sidewalk or parkway or in such manner as to impede or interfere with the
reasonable use of such window for display purposes.
F. No newsrack shall be used for advertising signs or publicity
purposes other than that dealing with the display, sale or purchase of the
newspaper or news periodicals sold therein.
G. Each newsrack shall be maintained in a clean, neat condition
and in good repair at all times.
H. Each newsrack must be supplied with newspapers by the
owner each day the newspaper is published. Failure by the owner to supply
each newsrack with newspapers for a period of five continuous days, strikes
and acts of God excepted, shall constitute a violation of this chapter.
Every person who places or maintains a newsrack on the streets of the
Borough of New Providence shall have his name, address and telephone number
affixed thereto in a place where such information may be easily seen.
Any person, firm or corporation owning a newsrack in the Borough of
New Providence shall, within 15 days after beginning said maintenance, register
his name, address, phone number and locations(s) of the newsrack(s) maintained
in the borough and shall pay an annual fee of $10 for one and $5 for each
additional rack to defray the costs to the borough for registration and inspection
of said racks. For every subsequent year, the owner shall pay the annual fee
as aforesaid by January 10 of that year. The owner shall at all times promptly
notify the License Inspector of any changes in the registration information.
Any newsrack maintained in the borough which creates a hazard to pedestrians
or obstructs traffic or interferes with the response to an emergent situation
by a public officer, firefighter, ambulance corps or medic may be summarily
relocated by a public officer of the borough to the nearest location not presenting
said hazard. Any such relocation shall be reported as soon as reasonably possible
to the License Inspector who shall thereafter notify the registered owner
of the newsrack as soon as possible of the new location. The owner may thereafter
relocate the newsrack to any location not presenting a hazard and otherwise
comply with the terms of this chapter.