[HISTORY: Adopted by the Mayor and Council
of the Borough of River Edge 3-1-1993 as Ord. No. 1063. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, firm or corporation responsible for placing,
locating, installing or maintaining a news vending machine in a public
place in the Borough of River Edge.
That surface, whether improved or not, over and by which
ingress and egress are made onto private or public property by vehicles.
Any newspaper, periodical or magazine of general circulation
as defined by general law; any newspaper, periodical or magazine duly
entered with the Post Office Department of the United States, in accordance
with federal statute or regulation; and any newspaper, periodical
or magazine filed and recorded with any recording officer as required
by general law.
Any machine, rack, self-service or coin-operated box, container,
storage unit or other dispenser utilized and maintained for the sale
and distribution of newspapers, news periodicals, news magazines and
other similar publications.
That portion of any street improved, designed or ordinarily
utilized for vehicular traffic.
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the property
line adjacent thereto, or, if there is no curb, the area between the
edge of the street and the property line adjacent thereto, and shall
include the public right-of-way along such street or sidewalk.
All that area dedicated to public use for public street purposes,
and includes but is not limited to roadways, parkways, alleys and
sidewalks.
A.
Any distributor having a news vending machine which
is already located or installed in whole or in part on any public
sidewalk or public right-of-way within the Borough of River Edge on
the effective date of this chapter shall, within 30 days from the
effective date of this chapter, notify the Borough Construction Official,
in writing, of the location and placement of such news vending machine.
Such notice shall include:
B.
From and after the effective date of this chapter,
if any distributor shall locate or install a news vending machine
which rests in whole or in part on any public sidewalk or public right-of-way
within the Borough of River Edge, then within 10 days from the date
of such installation, such distributor shall notify the Borough Construction
Official, in writing, of the location and placement of such news vending
machines. Such notice shall include:
C.
The registration of all news vending machines shall
be valid for a period of one year beginning January 1 and expiring
December 31 of the calendar year. An annual registration fee as set
forth in the Borough Fee Schedule, adopted by resolution of the Borough
Council, on file in the office of the Borough Clerk, per newsrack
or news vending machine shall be required. Said sum represents the
reasonable cost and administration expense of annual inspection and
review of the news vending machines located in the Borough of River
Edge.
[Amended 12-16-1996 by Ord. No. 1172]
A.
Any news vending machine which, in whole or part,
rests upon a public sidewalk or public right-of-way within the Borough
of River Edge shall comply with the following standards:
(1)
No news vending machine shall exceed 60 inches in
height, 24 inches in width or 20 inches in depth.
(2)
No news vending machine shall be used for commercial
advertising or commercial publicity purposes other than to display,
promote or advertise the sale of the newspaper, news periodical or
magazine sold therein.
(3)
Each news vending machine shall be equipped with a
coin-return mechanism to permit a person using the machine to secure
an immediate refund in the event that the news vending machine door
does not open. The coin return mechanism shall at all times be maintained
in good working order.
(4)
Each news vending machine shall have affixed thereto
a readily visible notice setting forth the name, address and telephone
number of the distributor of the news vending machine to permit users
thereof to report a malfunction or to secure a refund in the event
of a malfunction of the coin-return mechanism.
(5)
Each news vending machine shall be maintained so that:
(a)
It is reasonably free of loose, chipped, peeling
or cracked paint on the exterior surfaces thereof.
(b)
It is reasonably free of rust and corrosion
on the exterior surfaces thereof.
(c)
The clear plastic or glass parts thereof, if
any, are not broken or cracked so as to create danger to users thereof.
(d)
Structural parts are not broken, cracked or
otherwise dangerous to users thereof.
Any news vending machines which rest in whole
or in part upon any portion of the public sidewalk or public right-of-way
or which project onto, into or over any part of a public right-of-way
shall be located in accordance with the provisions of this section.
A.
No news vending machines shall project onto, into
or over any part of the roadway of any public street or rest, wholly
or in part, upon, along or over any portion of the roadway of any
public street.
B.
No news vending machine shall be permitted to rest
upon, in or over any public sidewalk if the location of such news
vending machine:
(1)
Endangers the safety of person or property; or
(2)
Unreasonably interferes with:
(a)
Or impedes the flow of pedestrians along the
public sidewalk or public right-of-way or the flow of vehicular traffic
along the public roadway;
(b)
The ingress or egress to and from any public
or private property;
(c)
Traffic signs, traffic signals, fire hydrants,
police or fire call boxes, utility poles, mailboxes or other equipment
located on or near the public roadway, public sidewalks or other public
right-of-way; or
(d)
The loading and unloading of passengers at bus
depots and/or shelters.
C.
News vending machines shall be bolted or otherwise
secured so as to prevent their unauthorized removal or their accidental
movement within the public sidewalk or public right-of-way. Chaining
of news vending machines to sidewalk telephone stanchions, utility
poles and traffic signs is expressly prohibited.
D.
News vending machines may be placed next to each other and grouped, provided that no group of news vending machines shall extend for a distance of more than six feet along a curb and provided that the grouping of such machines shall not violate the provisions of Subsection B of this section.
F.
To further provide a broad and uniform network of
news vending machines distribution and to further the public safety
and welfare of the community of the Borough of River Edge and to promote
aesthetics of the Borough, all newsracks and/or vending machines shall
be located at the following sites only:
[Amended 8-1-2005 by Ord. No. 1505; 4-21-2008 by Ord. No. 1615]
(1)
Bus shelter at the intersection of Spring Valley Avenue
and Kinderkamack Road on the western side of Kinderkamack Road.
(2)
Bus shelter at the intersection of Windsor Road and
Kinderkamack Road on the western side of Kinderkamack Road.
(3)
Bus shelter at Reservoir Avenue and Kinderkamack Road
on the western side of Kinderkamack Road.
(4)
River Edge Train Station: River Edge Road.
(5)
Bus shelter at Howland Avenue and Kinderkamack Road
on the western side of Kinderkamack Road.
(6)
Bus shelter at Monroe Avenue and Kinderkamack Road
on the western side of Kinderkamack Road.
(7)
Bus shelter at Kinderkamack Road north of Grand Avenue
on the eastern side of Kinderkamack Road.
(8)
Bus shelter at Kinderkamack Road north of Rutgers
Place on the western side of Kinderkamack Road.
(9)
Bus shelter on Kinderkamack Road south of Grand Avenue
on the western side of Kinderkamack Road.
[Added 8-1-2005 by Ord. No. 1505]
A.
In the event that a newsrack remains empty for a period
of 30 continuous days, the same shall be deemed abandoned and may
be removed at the distributor’s cost, by the Borough of River
Edge or any of its designated departments.
B.
If a distributor is convicted of a violation of this
section and fails to correct or remedy the violation within 10 days
following said conviction, or disposition of any appeal, then the
Building Department or any designated department of the Borough may
remove the newsrack(s) which was the basis of the conviction, at the
distributor’s cost.
C.
For any newsrack that is abandoned or removed in accordance with this section, then stored by the Borough, the Borough of River Edge shall charge a storage fee as indicated in Ch. 206, Fees.
D.
Upon removal of a newsrack, the distributor shall
be notified at the address listed on the newsrack. If the newsrack
is not claimed within 20 days of the mailing of said notice, the Borough
of River Edge or any designated department of the Borough may dispose
of the newsrack.
A.
If the Construction Official determines that a news
vending machine does not comply with the provisions of this chapter,
including the requirement to register such news vending machine with
the Construction Official, then the Construction Official shall mail
a written notice to the distributor of such news vending machine,
by certified mail, return receipt requested, stating the reasons why
such news vending machine does not comply with the provisions of this
chapter.
B.
Notwithstanding the above, within seven days of receipt
of written notice of noncompliance, the distributor shall have the
right to review any alleged complaint of noncompliance by the Construction
Official by petitioning the Mayor and Council for a review of the
alleged violation asserted by the Construction Official of the Borough
of River Edge. The Mayor and Council shall review the petition of
the distributor within 30 days of receipt and render its decision
with reference to compliance with this chapter.
C.
If a distributor is convicted of a violation of this
chapter by the Municipal Court and if such distributor thereafter
refuses to remedy or correct the violation within 10 days from the
date of the conviction, then the Construction Official of the Borough
of River Edge shall be empowered to remove the news vending machine
which is the basis for such conviction from the public sidewalk or
public right-of-way or other place and return such news vending machine
to the distributor identified on the news vending machine.
[Amended 12-16-1996 by Ord. No. 1172]
For a violation of any provision of this chapter,
the maximum penalty, upon conviction thereof, shall be a fine not
exceeding $1,000, or imprisonment for up to 90 days, or a period of
community service not exceeding 90 days, or any combination thereof.
