Certain newspaper distributors have been placing vending machines on
or along public roadways, streets, sidewalks, ways or places within the Town
of Clinton ("town"). The town has conducted a survey of existing newsracks
and has determined that they have been placed in a haphazard manner, with
no regard for the safety and well being of the town and its residents and
the historic character of the town. The Mayor and Council has concluded that
the existing placement of these newsracks causes potentially dangerous conditions
and obstructions of pedestrian or vehicular traffic on or along public roadways,
streets, sidewalks, ways or places and that unchecked proliferation of newsracks
interferes with the town's policy of maintaining, encouraging and preserving
the aesthetic character of its Historic District.
It is the purpose of this chapter to:
A. Provide for pedestrian and driving safety and convenience.
B. Restrict unreasonable interference with the flow of pedestrian
or vehicular traffic, including ingress into 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.
C. Maintain the aesthetic character of the Clinton Historic
District.
D. Provide reasonable access for the use and maintenance
of poles, posts, traffic signs or signals, hydrants and mail boxes and access
to locations used for public transportation purposes.
E. Relocate and/or replace newsracks which result in visual
blight and/or excessive space allocation on the public rights-of-way or which
unreasonably detract from the aesthetics of store window displays or adjacent
landscaping and other improvements.
F. Maintain and protect the values of surrounding properties.
G. Reduce unnecessary exposure of the public to personal
injury or property damage.
H. Treat all newspapers equally regardless of their size,
content, circulation or frequency of publication.
I. Maintain and preserve freedom of the press.
J. Cooperate to the maximum with newspaper distributors.
K. Protect, preserve, maintain and encourage the aesthetic
character of its Historic District by discouraging the uncontrolled proliferation
of newsracks.
As used in this chapter, the following terms shall have the meanings
indicated:
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack on
or along a public sidewalk, roadway, way, place or street.
NEWSPAPER
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, and any newspaper filed
and recorded with any recording officer, as provided by general law, and any
other periodical used for advertising or news.
NEWSRACK
Any type of unmanned device for the vending or free distribution
of newspaper or news periodicals of any kind.
PERSON
Any corporation, company, association, society, firm, partnership
or individual.
No person shall place, affix, erect, construct or maintain a newsrack
within public rights-of-way of the Town of Clinton without first obtaining
a one-time-only certificate of compliance for each newsrack in accordance
with the provisions of this chapter.
This chapter shall be enforced by the Public Works/Business Administrator,
Police Department or the Zoning Officer.
There shall be a one-time-only certificate of compliance fee in the
amount of a $50 for each distributor, plus $15 per newsrack. Failed inspections
are subject to a reinspection fee of $10. All of the above fees will be used
to defray administrative expenses related to this chapter.
Any applicant who has been denied a certificate of compliance pursuant
to the provisions of this chapter may file an appeal with the Town Council
by requesting, in writing, to the Town Clerk an appearance before the Council
to review said denial. The appeal shall be heard by the Council by 30 days
within the filing of the appeal or at the next scheduled regular meeting,
whichever is sooner. The decision of the Council on an appeal is subject to
judicial review as provided by the laws of the State of New Jersey.
No newsrack shall be placed, installed, used or maintained:
A. Within five feet of any marked or unmarked crosswalks.
B. Within 10 feet of any fire hydrant, trash/recycling unit
or other emergency facility.
C. Within five feet of any driveway.
D. Within 10 feet to the rear of any sign marking a designated
bus stop, measured along the pavement.
E. Within three feet of any bus bench or plaza bench.
F. At any location where the clear space for the passageway
of pedestrians is reduced to less than six feet, except if there is less than
six feet in width of sidewalk, one newsrack or group of up to two newsracks
may be located every 250 feet.
G. Within 12 inches of any area improved with lawn or hedges
or within three feet of flowers, trees or other landscaping.
H. Within five feet of a building entrance.
I. Within a curb return (from point of tangency to point
of tangency).
J. Anywhere in the Town of Clinton Historic District, except
up to six newsracks may be placed on the sidewalk immediately adjacent to
the west side of the building located at Block 10, Lot 9 on the Tax Maps of
the Town of Clinton (Lower Center Street) in an area located not less than
14 feet from the northerly curbline of Main Street and a point 17 feet northerly
thereof; up to six newsracks may be placed in the area between the curb and
the sidewalk in front of the post office on East Main Street (Block 12, Lot
8 on the Tax Maps of the Town of Clinton) in the area located not less than
30 feet from the westerly curbline of New Street and a point 25 feet westerly
thereof; and four newsracks may be placed immediately adjacent to each other
along the north side of the driveway entrance to the Municipal Parking Lot
located adjacent to the Municipal Building in a location to be designated
by the Public Works/Business Administrator in consultation with any newspapers
wishing to place newsracks in this location. Use of these specially designated
locations for newsracks in the Historic District shall be on a first-come-first-served
basis. In the event that there is more demand than there is space to serve
newspapers in these locations, the Public Works/Business Administrator shall
maintain a record of all applicants for such space and shall allocate available
spots based on the oldest application on record. Newsracks may be placed in
the special locations described in this subsection notwithstanding the other
prohibitions described in this section of this chapter.
K. In an area parallel to any no-parking zone and within
10 feet of the curb or street edge in such zone, except that otherwise permissible
locations in front of existing multiple-dwelling complexes of 10 units or
more may be utilized for newsracks if the front of the newsrack is facing
away from the street edge or curb.
L. In front of any churches or other houses of religious
worship.
M. In such a manner as to cover any portion of a display
window of a business establishment.
Penalties for violations of this chapter shall be as provided in §
1-15 of the Code of the Town of Clinton.
From 90 days after this chapter becomes effective and at any time thereafter,
any newsrack placed in a public right-of-way before the effective date of
this chapter shall be deemed to be in violation of this chapter unless a certificate
of compliance is obtained.