[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 5-21-1946 by Ord. No. 597 (Ch.
137 of the 1984 Code). Amendments noted where applicable.]
[Amended 12-18-1962 by Ord. No. 829; 1-10-1984 by Ord. No.
1283]
Newspaper vending machines, hereinafter referred
to as "newsracks," may be maintained in the Borough of North Arlington
subject to the following:
A.
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.
B.
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.
C.
Any newsrack which in whole or in part rests upon,
in or over any sidewalk or parkway shall comply with the following
standards:
(1)
No newsracks shall exceed five feet in height, 30
inches in width or two feet in depth.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
No newsrack shall be placed or maintained on a sidewalk
or a parkway opposite another newsrack.
(7)
No newsrack shall be placed, installed, used or maintained:
(a)
Within three feet of any marked crosswalk.
(b)
Within 15 feet of the curb return of any unmarked
crosswalk.
(c)
Within three feet of any fire hydrant, fire
call box, police call box or other emergency facility.
(d)
Within three feet of any driveway.
(e)
Within three feet ahead of, and 15 feet to the
rear of, any sign marking a designated bus stop.
(f)
Within three feet of any bus bench.
(g)
At any location whereby the clear space for
the passageway of pedestrians is reduced to less than six feet.
(h)
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.
(8)
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.
(9)
Each newsrack shall be maintained in a clean, neat
condition and in good repair at all times.
D.
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.
E.
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:
(1)
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.
(2)
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.
(3)
Any picture or illustration depicting explicit sexual
acts where such picture or illustration has as its purpose or effect
sexual arousal, gratification or affront.
(4)
EXPLICIT SEXUAL ACTS
As used in this section, the following words shall
have the meanings indicated:
Depictions of sexual intercourse, oral copulation, anal intercourse,
oral-anal copulation, bestiality, 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.
F.
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.
G.
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.
H.
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.
[Amended 10-16-1984 by Ord. No. 1307]
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.
