As used in this chapter, the following terms
shall have the meanings indicated:
DISTRIBUTOR
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.
DRIVEWAY
That surface, whether improved or not, over and by which
ingress and egress are made onto private or public property by vehicles.
NEWSPAPER, NEWS PERIODICAL and NEWS MAGAZINE
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.
NEWS VENDING MACHINE
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.
ROADWAY
That portion of any street improved, designed or ordinarily
utilized for vehicular traffic.
SIDEWALK
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.
STREET
All that area dedicated to public use for public street purposes,
and includes but is not limited to roadways, parkways, alleys and
sidewalks.
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.
E. News vending machines shall not be placed, installed,
located, used or maintained within 15 feet of:
(2) A curb return of an unmarked crosswalk.
(3) Any fire hydrant, fire call box, police call box or
other emergency facility or equipment.
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.
[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.