[HISTORY: Adopted by the Borough of Rutherford Council 4-10-2012 by Ord. No. 3255-12. Amendments noted where applicable.]
Convenience stores — See Ch. 22A.
Obscene materials — See Ch. 64A.
Streets and sidewalks — See Ch. 109.
Editor's Note: This ordinance also repealed former Ch. 62, Newspaper Vending Machines, adopted 11-11-1997 by Ord. No. 2823-97.
The purpose of this chapter is to promote the public health, safety, and welfare through the regulation of the placement, type, appearance, and servicing of newspaper vending machines in public places so as to:
Provide for pedestrian and driving safety and convenience.
Restrict unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress or egress from any residence or place of business or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.
Provide reasonable access for the use and maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes, and access to locations used for public transportation purposes.
Relocate and/or replace newspaper vending machines which result in visual blight and/or excessive space allocation on the public right-of-way.
Maintain and preserve freedom of the press.
As used in this chapter, the following terms shall have the meanings indicated:
- The person or entity responsible for placing and maintaining a newsrack(s) in a public street. This term includes the applicant for a permit under this chapter, the owner of a newsrack(s) under this chapter, and any third party used by the owner for distribution and maintenance of the newsrack(s).
- HEARING OFFICER
- The hearing officer, as provided for in this chapter, shall be the Business Administrator of the Borough of Rutherford.
- Any newspaper or periodical.
- Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or, maintained only for the display and sale of newspapers.
- Unless otherwise indicated, notice under this chapter shall be in writing by certified mail, hand delivery, or e-mail.
- PUBLIC PLACE
- All areas dedicated for public use which are under the control or possession of the Borough of Rutherford, including but not limited to roadways, parkways, alleys, and sidewalks.
- that portion of a street improved, designated, or ordinarily used for vehicle travel.
- Any surface provided for the use of pedestrians.
Any person or entity seeking to erect, place, maintain, or operate a newsrack(s) in any public place in the Borough of Rutherford must first obtain a permit from the Borough of Rutherford Clerk.
The application for such permit shall be in the form provided by the Clerk and shall contain:
The contact information for the distributor, including an e-mail address.
The number of newsrack(s) the distributor shall deploy in the Borough of Rutherford, with a description of the location of each.
A description of each newsrack(s), including dimensions, signage, and whether it has a coin-operated mechanism.
The name and frequency of the publication to be placed in each newsrack(s).
A statement that the applicant indemnifies and holds the Borough of Rutherford harmless for any liability arising from the deployment, placement, use, and maintenance of the newsrack(s). The statement shall contain the following language:
The signature of the applicant.
Only one permit shall be required per distributor, which permit shall cover all newsrack(s) deployed by the distributor in the Borough of Rutherford.
An applicant whose permit is denied shall have 10 days from the denial to cure the defect and the right to request a hearing to contest the denial. The hearing shall occur within 10 business days of the denial. The hearing officer shall issue a written decision within 10 business days of the hearing. Any notices under this subsection shall be provided by the Clerk (other than the hearing officer's decision).
A permit for a newsrack(s) shall be issued by the Clerk within 10 days of the application and, whenever possible, immediately following submission of the application. The only basis for denial of a permit shall be failure to agree to or comply with the provisions of this chapter.
The fee for an initial permit under this chapter shall be $100; the fee for renewal of the permit shall be $50 annually. The permit shall be valid for a period of one year, on a calendar-year basis, commencing on January 1 and shall be renewable on January 1 of any subsequent year. The initial permit fee shall be prorated if the application for a permit is submitted after February 1.
The permit fee is to defray the administrative costs of implementing this chapter, which includes maintaining and indexing distributor permit files and periodic inspection of newsrack(s) by the Department of Public Works.
Any newsrack(s) which, in whole or in part, rests upon, in or over any public sidewalk, roadway, or street, or is otherwise in any public place, shall comply with the following standards:
No newsrack(s) shall exceed 60 inches in height, 24 inches in width, or 20 inches in thickness.
No newsrack(s) shall be used for advertising signs or publicity purposes other than those dealing with the display, sale, or purchase of the newspapers sold therein.
Each newsrack(s) shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event that customer is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.
Each newsrack(s) shall have affixed to it in a readily visible place, so as to be seen by anyone using the newsrack(s), a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to report a malfunction or to secure a refund in the event of a malfunction of the coin-return mechanism.
Each newsrack(s) shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack(s) shall be serviced and maintained so that:
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed, are unbroken and reasonably free of cracks, dents, blemishes, and discolorations.
The paper or cardboard parts or inserts thereof, if any, are reasonably free of tears, peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
It shall be unlawful for any person to place or maintain any publication or material in newsrack(s) which exposes to public view any pictorial material which depicts nudity, as that term is commonly understood.
Each newsrack(s) shall be maintained to prevent the newspapers from being scattered about the area.
Each newsrack(s) shall be blue.
Any newsrack(s) which rests in whole or in part upon or on any portion of a public street or sidewalk or projects onto, into, or over any part of a public street or sidewalk, or is otherwise located in a public place, shall be located in accordance with the provisions of this section.
No newsrack(s) shall be used or maintained which projects onto, into, or over any part of the roadway of any public street or which rests wholly or in part upon, along or over any portion of the roadway of any public street.
No newsrack(s) shall be permitted to rest upon, in, or over any public street or sidewalk when such installation, use, or maintenance:
Endangers the safety of persons or property;
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles;
Unreasonably interferes with the ingress or egress from any residence or place of business; or
Unreasonably interferes with the use of traffic signs or signals, hydrants, or mailboxes permitted at or near said location.
The newsrack(s) shall be placed or otherwise secured so as to prevent being blown down or around the public street or sidewalk but shall not be chained or otherwise secured to any traffic or street signs, signals, hydrants, or mailboxes.
No newsrack(s) shall be placed, installed, used, or maintained:
Within three feet of any marked crosswalk.
Within three feet of a curb.
Within 15 feet of any fire hydrant, fire call box, police call box, or other emergency facility.
Within five feet of any driveway.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees, or other landscaping.
Within 500 feet of any other newsrack(s) on the same side of the street in the same block containing the same issue or edition of the same publication.
Within 10 feet of any standby or sprinkler connection or related safety or fire equipment.
Within five feet of any building, unless written permission is secured from the property owner and filed with the application.
Any violation of this chapter shall be subject to a maximum fine of $1,000, in addition to potential seizure of the newsrack(s).
Upon the effective date of this chapter, all nonpermitted (distinguished from noncompliant) newsrack(s) in the Borough of Rutherford are subject to seizure, except as otherwise provided in this chapter.
For nonpermitted newsrack(s) which preexist on the effective date of this chapter, the distributors shall have 60 days from the effective date to apply for a permit under this chapter. These applicants shall pay the permit fee of $10 which existed under the prior version of this chapter and shall pay the new, initial permit fee of $100 by January 1, 2013; thereafter, these applicants shall pay the renewal fee annually as provided for in this chapter.
For permitted newsrack(s) which do not comply with this chapter, the Borough of Rutherford may seize such newsrack(s) after providing the distributor written notice of noncompliance, 10 business days to remedy the violation, and a right to request a hearing to contest the seizure within 10 business days of the notice of noncompliance. The notice of non-compliance shall state the period to remedy the violation, the right to a hearing, and the period in which the hearing must be requested. A hearing, if requested, must be held within 30 days of the notice of noncompliance; the hearing officer must issue a written decision with 10 business days of the hearing.