§ 239-1Newsracks in streets and sidewalks.
§ 239-2Violations and penalties.
Newspaper vending machines, hereinafter referred to as "newsracks," may be maintained in the Borough of North Arlington 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 or along any portion of a roadway.
No person shall install, use or maintain any newsrack which in whole or part rests upon, in or over any sidewalk or parkway when such installation, use or maintenance endangers the safety of persons or property, or when such sight or location is used for public utility purposes, public transportation purposes or other government use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
Any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway shall comply with the following standards:
No newsracks shall exceed five feet in height, 30 inches in width or two feet in depth.
Newsracks shall only be placed near a curb or adjacent to the wall of a building. 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 18 inches nor more than 24 inches from the edge of the curb.
No newsracks shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object.
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 18 inches shall separate each group of three newsracks so attached.
No newsrack, or group of attached newsracks allowed under Subsection C(4) hereof, shall weigh, in the aggregate, in excess of 125 pounds when empty.
No newsrack shall be placed or maintained on a sidewalk or a parkway opposite another newsrack.
No newsrack shall be placed, installed, used or maintained:
Within three feet of any marked crosswalk.
Within 15 feet of the curb return of any unmarked crosswalk.
Within three feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within three feet of any driveway.
Within three feet ahead of, and 15 feet to the rear of, any sign marking a designated bus stop.
Within three feet of any bus bench.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
Within three feet of any area improved with lawn, flowers, shrubs or trees or within 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 purpose.
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.
Each newsrack shall be maintained in a clean, neat condition and in good repair at all times.
Every person who places or maintains a newsrack on the streets of the Borough of North Arlington shall have his/her name, address and telephone number affixed thereto in a place where such information may be easily seen.
Publications offered for sale from a newsrack placed or maintained or projecting over a public sidewalk shall not be displayed or exhibited in a manner which exposes to public street or sidewalk any of the following:
Any statements or words describing explicit sexual acts, sexual organs or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront.
Any picture or illustration of genitals, pubic hair, perineums, anuses or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.
Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.
As used in this section, the following words shall have the meanings indicated:
- EXPLICIT SEXUAL ACTS
- Depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, whether any of the above is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other act of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region.
Any person, firm or corporation maintaining a newsrack in the Borough of North Arlington shall, within 15 days after beginning said maintenance, register his/her name, address, phone number and location(s) of the newsrack(s) maintained in the Borough and shall pay an annual fee of $10 for one rack 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 Borough Clerk 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, fire fighter, ambulance corps member or medic, or interferes with the safe use of the public streets and sidewalks, 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 Borough Clerk, 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.
Except as to events covered under Subsection G of this section, upon a violation of the terms of this section, the owner shall be sent a summons setting forth the nature of the violation, the fine for same and providing for a hearing within 30 days from the date of issuance of the summons. Any violation must be cured within a period of 30 days from the issuance of the summons or, if a hearing has been held or requested, at the direction of the hearing officer. If any violation is not so cured, the owner shall be notified of the Borough's intent to remove the rack 10 days after issuance of the notice. Said notice shall set forth that a hearing must be requested within 10 days to prevent removal and setting forth the location where the rack may be reclaimed after removal. At the expiration of 10 days, if no hearing has been requested, the rack may be seized by a public officer of the Borough and held for a period of six months. The owner may reclaim the rack upon payment of a fee of $25 or, if a hearing is subsequently requested, upon terms set by the hearing officer. Any rack not reclaimed at the expiration of six months shall be destroyed and any money therein returned to the owner.
Any person, firm or corporation who shall violate a provision of this chapter or fail to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder shall severally, for each and every such violation and noncompliance, be subject to the penalties in Chapter 1, Article I, General Penalty.