[Ord. #906, § 1]
a.
The uncontrolled placement of newsracks in public
rights-of-way presents an inconvenience and danger to the safety and
welfare of persons using such rights-of-way, including pedestrians,
persons entering and leaving vehicles and buildings, and persons performing
essential utility, traffic control and emergency services.
b.
Newsracks improperly located cause an inconvenience
or danger to persons using public rights-of-way, and unsightly newsracks
located therein constitute public nuisances.
c.
The proliferation of newsracks placed in and upon
the public rights-of-way has created a need for municipal regulation
of the use and placement of said newsracks in order to alleviate problems
created thereby.
d.
The provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of securing and
promoting the public health and general welfare of persons in the
Township of Bernards in their use of public rights-of-way.
As used in this section, the following terms
shall have the meanings indicated:
Shall mean the person, natural or otherwise, who seeks a
permit for the placement of a newsrack within the Township and includes
any other persons, firms, corporations or organizations on whose behalf
the application is made.
Shall mean the person responsible for placing and maintaining a newsrack in a public right-of-way. For the purposes of this section, the person named as the applicant for a permit, under subsection 3-11.4, shall be deemed to be the distributor.
Shall mean any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office Department
of the United States, in accordance with federal statute or regulation,
or any newspaper filed and recorded with any recording officer as
provided by general law, as well as any other periodical publication.
Shall mean any self-service or coin-operated box, container,
storage unit or other dispenser installed, used or maintained for
the display and sale of newspapers only.
Shall mean that area between the sidewalks and the curb of
any street, and where there is no sidewalk, that area between the
edge of the roadway and the property line adjacent thereto. Parkway
shall also include any area within a roadway which is not open to
vehicular travel.
Shall mean natural person, or corporate or other legal entity.
Shall mean that portion of a street improved, designated
or ordinarily used for vehicular travel.
Shall mean any surface provided for the exclusive use of
pedestrians.
Shall mean all that area dedicated to public use for public
street purposes and shall include but not be limited to roadways,
parkways, alleys and sidewalks.
[Ord. #906, § 1]
[Ord. #906, § 1; Ord. #1179A, § 1]
It shall be unlawful for any person, firm or
corporation to erect, place, maintain or operate on any public street
or sidewalk or in any other public way or place in the Township of
Bernards any newsrack without first having obtained a permit from
the zoning officer specifying the exact location of such newsrack
or newsracks. One permit application may be submitted to include any
number of newsracks and shall be signed by the applicant. A new permit
application shall be required in the event the applicant wishes to
place additional newsracks not identified in the initial application
for permit or to relocate a newsrack or newsracks for which a permit
has been issued.
[Ord. #906, § 1; Ord. #1179A, § 2]
Application for an initial or renewal permit
shall be made, in writing, to the zoning officer, upon such form as
shall be provided and shall contain the name and address of the applicant
and the proposed specific location of said newsrack or newsracks,
shall be signed by the applicant or, if the applicant is other than
a natural person, by an authorized agent of the applicant, and shall
be accompanied by a check payable to Township of Bernards in the amount
of the fee specified below. Said applicant shall be presumed to be
the distributor of the permitted newsrack or newsracks for the purpose
of affecting any notice or taking any action provided for herein.
[Ord. #906, § 1; Ord. #1179A, §§ 2-5]
a.
Permits shall be issued for the installation of a
newsrack or newsracks within three business days after the application
has been filed. The permit for each such newsrack and the installation,
use or maintenance thereof shall be for a period of up to two years
as set forth in this section, and shall be conditioned upon observance
of the provisions of this section. A permit fee of $40 for each newsrack
identified in the permit application is required to defray the costs
to the Township for administration and enforcement of the section
and for inspection of said newsracks.
1.
All permits, including those issued before the enactment of this amendatory ordinance, shall expire on April 15 of every even-numbered year (1996, 1998, etc.). On or about the first business day in March of each such year, the zoning officer shall mail an application form to the distributor of each newsrack for which the Township has a record of having issued a currently valid permit. Said form shall be used by any applicant wishing to obtain a renewal permit, shall be submitted in the same manner as an application for an initial permit, as set forth in subsection 3-11.4, and shall be accompanied by the renewal fee in accordance with subsection 3-11.5a. Failure of the zoning officer to notify a permit holder of the need to renew a permit shall not excuse a failure of the permit holder to renew its permit on or before the expiration date.
2.
Fees shall not be prorated or refunded, except that
in the case of an application which is refused because upon review
the proposed location is determined to be not acceptable, 1/2 of the
fee will be refunded. All applicants shall pay the same fee regardless
of the date of the application, and all permits shall expire on the
same date. No partial refunds will be made for newsracks which are
removed prior to the expiration date of their permits.
b.
Each newsrack shall display a current permit sticker,
issued by the zoning officer, which shall contain the name of the
distributor and the particular location, as listed in the permit application,
where the newsrack displaying the sticker shall be placed. Said sticker
shall be affixed in clear view in the upper right corner of the side
of the newsrack facing the roadway. Placement of a newsrack without
a permit sticker or in a location other than that stated on the sticker,
shall constitute a violation of this section.
c.
No permit shall be issued or continued in operation
unless the applicant and any other persons, organizations, firms or
corporations on whose behalf the application is made, by filing such
application, represent, stipulate, contract and agree that they will
jointly and severally defend, indemnify and hold the Township harmless
against liability for any and all claims for damage to property or
injury to or death of persons arising out of or resulting from the
issuance of the permit or the control, maintenance or ownership of
the newsracks permitted.
d.
Before the zoning officer may issue a newsrack permit
to any person, the applicant must execute an indemnification agreement
substantially as follows:
|
"The applicant and any other persons, organizations,
firms or corporations on whose behalf the application is made, represent,
stipulate, contract and agree that they do jointly and severally defend,
indemnify and hold harmless the Township of Bernards against liability
for any and all claims for damage to property or injury to or death
of persons arising out of or resulting from the issuance of the permit
for the control, maintenance or ownership of the newsracks permitted."
|
[Ord. #906, § 1]
Any newsrack which, in whole or in part, rests
upon, in or over any public sidewalk or parkway, shall comply with
the following standards:
a.
No newsrack shall exceed 60 inches in height, 24 inches
in width or 20 inches in depth.
b.
No newsrack shall be used for advertising signs or
publicity purposes other than that dealing with the display, sale
or purchase of the newspaper sold therein. Any such advertising or
publicity signs which may be permitted on a newsrack in accordance
with this subsection shall be painted, embossed or otherwise permanently
affixed to the newsrack.
c.
Each newsrack shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate
refund in the event that he is unable to receive the publication paid
for. The coin-return mechanism shall be maintained in good working
order.
d.
Each newsrack shall have affixed to it in a readily
visible place so as to be seen by anyone using the newsrack a notice
setting forth the name and address of the distributor and the telephone
number of a working telephone service to call to report a malfunction
or to secure a refund in the event of a malfunction of the coin-return
mechanism or to give the notices provided for in this section.
e.
Each newsrack 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 shall be serviced
and maintained so that:
1.
It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof.
2.
It is reasonably free of rust and corrosion, in the
visible unpainted metal areas thereon.
3.
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.
4.
The paper or cardboard parts or inserts thereof, if
any, are reasonably free of tears, peelings or fadings.
5.
The structural parts thereof are not broken or unduly
misshapen.
[Ord. #906, § 1; Ord. #1179A, § 6]
Any newsrack which rests in whole or in part
upon, or on any portion of a public right-of-way or which projects
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 newsrack 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.
b.
No newsrack shall be permitted to rest upon, in or
over any public sidewalk when the police department determines that
such installation, use or maintenance:
1.
Endangers the safety of persons or property;
2.
Unreasonably interferes with or impedes the flow of
pedestrians or vehicular traffic, including any legally parked or
stopped vehicle;
3.
Unreasonably interferes with the ingress or egress
from any residence or place of business; or
4.
Unreasonably interferes with the use of traffic signs
or signals, hydrants or mailboxes permitted at or near said location.
c.
No newsrack shall be chained, bolted, anchored to
the ground or otherwise attached to any fixture located in the public
right-of-way, except to other newsracks.
d.
Newsracks may be placed next to or close to each other,
provided that no group of newsracks shall extend for a distance of
more than four feet parallel to the edge of a roadway, and provided
further that additional newsracks or groups of newsracks shall be
placed at a distance of at least two feet from any such group of newsracks.
The provisos in this paragraph shall not apply to newsracks placed
in locations which have been approved in advance by the chief of police
due to the absence of a flow of pedestrian traffic in the requested
location.
e.
No newsrack shall be placed, installed, used or maintained:
1.
Within three feet of any marked crosswalk;
2.
Within 12 feet of the curb return of any unmarked
crosswalk;
3.
Within 10 feet of any fire hydrant, fire call box,
police call box or other emergency facility;
4.
Within five feet of any driveway;
5.
Within three feet ahead or 15 feet to the rear of
any sign marking a designated bus stop;
6.
Within three feet of the outer ends of any bus bench;
or
7.
Within three feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping.
f.
No newsrack shall be placed, installed, used or maintained
in an area zoned for residential use as indicated on the official
zoning map of the Township of Bernards.
[Ord. #906, § 1; Ord. #1179A, §§ 2-12]
a.
Any person or persons, firm, partnership, association
or corporation or employee thereof who shall violate any of the provisions
of this section shall, upon conviction thereof, be subject to a fine
not exceeding $200.
b.
A summons shall be sent by the Township zoning officer or the Township police department to the distributor of the newsrack (except that in the case of a violation of subsection 3-11.7b only the police department shall be authorized to send such summons), setting forth the nature of any such violation, the fine for same and providing for a hearing before the municipal court, upon request of the distributor, within 30 days from the date of the issuance of said summons. Any violation must be cured within a period of 10 days from the issuance of the summons or if a hearing has been requested and held, at the direction of the court. If the violation is not so cured, the zoning officer shall notify the distributor of the Township's intent to revoke the permit for said newsrack and to remove the newsrack five days after the issuance of the notice. Said notice shall set forth the location where the distributor may reclaim the newsrack after its removal. At the expiration of five days, if the violation remains uncured, the permit shall automatically be deemed to be revoked, and the rack shall be seized by the Township police department, which may be assisted by employees of the public works division. The distributor may reclaim the rack upon payment to the zoning officer of a carting fee of $37 and a storage fee of $3 per day. The storage fee shall be assessed for each day, or any part thereof, that said newsrack must be stored by the Township following seizure by the Township police department. Said newsrack shall not again be installed unless the distributor submits a new application and permit fee, and receives a new permit sticker.
c.
Upon a determination by the Township police department
that a newsrack has been installed, used or maintained in such a way
as to pose a real and imminent threat to pedestrians or vehicles,
said newsrack shall be seized by the Township police, which may be
assisted by employees of the public works division, and removed to
storage. Any such seizure shall be reported as soon as reasonably
possible to the zoning officer, who shall thereafter notify the distributor
as soon as possible of the seizure and disposition of the newsrack.
The owner may thereafter reclaim the newsrack upon payment of a fee
of $25 and may relocate the newsrack to any location not presenting
a real and imminent danger and otherwise complying with the terms
of this ordinance, including the requirement of a permit.
d.
Issuance of a permit by the zoning officer and display
by the distributor of a valid permit sticker shall not prevent the
seizure of a newsrack by the Township police if the actual placement
of the newsrack poses a real and imminent threat to vehicles or pedestrians
or otherwise violates this section.
e.
The zoning officer shall make provision for the appropriate
storage of newsracks seized under these regulations, but neither the
zoning officer, nor the Township or any other officer or employee
of the Township shall be liable for any damage to such newsrack.
[Ord. #906, § 1; Ord. #1179A, § 13]
In the event that a newsrack remains empty for
a period of 30 continuous days, it shall be deemed abandoned and shall
be removed by the Bernards Township Police Department. The Zoning
Officer shall send notice of such removal to the owner, which shall
set forth the location where the newsrack may be reclaimed upon payment
to the Zoning Officer of a fee of $25.
