[HISTORY: Adopted by the Bloomfield Council 12-21-1987[1] (Ch. 181 of the 1987 Code). Amendments noted
where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 181, Newsracks, adopted 6-1-1987.
Newspaper vending machines, hereinafter referred
to as "newsracks," may be maintained in the Township of Bloomfield
subject to the following.
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 any portion of a roadway.
A.
No person shall install, use or maintain any newsrack
which, in whole or part, rests upon, in or over any sidewalk when
such installation, use or maintenance endangers the safety of persons
or property.
B.
Any newsrack which, in whole or in part, rests upon,
in or over any sidewalk 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 which are placed near a curb or adjacent
to the wall of a building.
(3)
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.
(4)
No newsrack or group of attached newsracks allowed under Subsection B(3) hereof shall weigh, in the aggregate, in excess of 125 pounds when empty.
(5)
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 10 feet to the rear of any sign or other
demarcation marking the beginning of a designated bus stop.
(f)
Within three feet of any bus bench, except where
such bench is within a bus shelter, in which event this restriction
shall not apply, provided that the newsrack is not placed within such
bus shelter.
(g)
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
purposes.
(h)
Within or upon any public right-of-way in a
residential zone, as shown and designated on the Zoning Map of the
Township of Bloomfield.
[Added 12-19-1988]
(6)
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.
(7)
Each newsrack shall be maintained in a clean, neat
condition and in good repair at all times.
Every person who places or maintains a newsrack
on the streets of the Township of Bloomfield shall have their name,
address and telephone number affixed thereto in a place where such
information may be easily seen.
[Amended 12-1-2003 by Ord. No. 03-47; 11-21-2011 by Ord. No.
11-51]
Any person, firm or corporation owning a news
rack in the Township of Bloomfield shall, within 15 days after beginning
said maintenance, register their name, address and phone number and
the location(s) of the news rack(s) maintained in the Township and
shall pay, effective January 1, 2012, an annual fee of $50 for one
and $25 for each additional rack to defray the costs to the Township
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 Township
Clerk of any changes in the registration information.
Any newsrack maintained in the Township which
creates a hazard to pedestrians or obstructs traffic or interferes
with the response to an emergency situation by a public officer, firefighter,
ambulance corps or medic may be summarily relocated by a public officer
of the Township to the nearest location not presenting said hazard.
Any such relocation shall be reported as soon as reasonably possible
to the Township 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.
A.
If any newspaper distribution box is determined to
violate any of the provisions of this chapter, then a notice of violation
shall be sent to the person designated to receive notices in the registration
form.
B.
The notice shall state the specific provisions of
this chapter which have not been adhered to and notify the owner that
the box must either be removed or brought into compliance with the
specified provisions of this chapter within seven business days. If
the owner elects to cure the specified violation or violations within
said time period, then the owner shall take all necessary curative
actions prior to the expiration of said time period.
C.
Upon request, the official issuing a notice of violation
shall meet with the recipient of such notice to discuss the basis
for the determination that a violation exists and any proposed means
of eliminating any violations. A request for such a meeting shall
not toll the time for correcting or eliminating any violation, unless
the official is unavailable for a meeting at any reasonable time within
three business days following the receipt of a request. Following
any such meeting, the official issuing the notice of violation may
rescind the notice if they determine that there was no violation.
The official may also grant an extension of up to one week for the
correction of any violation upon request and a showing of good cause.
[Amended 5-5-2008 by Ord. No. 08-18]
Any person who violates any of the provisions of this chapter, after having been served with a notice of violation and having failed to correct or eliminate said violation or violations in accordance with § 374-7, shall be subject to a fine of not less than $50 and not more than as provided in § 1-15 of this Code. Each violation of a separate section of this chapter and each violation by a different newspaper distribution box shall constitute a separate offense.
