[HISTORY: Adopted by the Board of Commissioners of the Village of Ridgefield Park 11-25-1986 by Ord. No. 15-86 (Ch. 135 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 333.
As used in this chapter, the following terms shall have the meanings indicated:
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack in a public street as herein defined.
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.
NEWSRACK
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals.
ROADWAY
That portion of a street improved, designated or ordinarily used for vehicle travel.
SIDEWALK
Any surface provided for the use of pedestrians.
STREET
All that area dedicated to public use for public street purposes and shall include but not be limited to roadways, parkways, alleys and sidewalks.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street in the Village of Ridgefield Park any newsrack without obtaining a permit from the Commissioner of Parks and Public Property or his designee, specifying the exact location of such newsrack. One permit shall be issued for each newsrack and shall be signed by the applicant.
Application for such permit shall be made, in writing, to the Commissioner of Parks and Public Property upon such form as shall be provided by the Village and shall contain the name and address of the applicant, the proposed specific location of said newsrack, including block and lot designation, and shall be signed by the applicant. Upon receiving the application, the Commissioner of Parks and Public Property shall review the application and forward it to the Board of Commissioners with his recommendations. Approval or rejection must be given within 30 days of receipt of the application by the Board of Commissioners. Failure by the municipality to approve or reject within this time period will be deemed as if approval was given. In any rejection of an application, the Commissioner of Parks and Public Property must set forth, in writing, the reasons for such rejection. If any applicant believes his application was unjustly denied, the applicant may appeal the decision of the Commissioner of Parks and Public Property to the Board of Commissioners and, thereafter, to the courts having jurisdiction in this matter.
A. 
Permits may be issued for the installation of a newsrack without prior inspection of the location, but such newsrack and the installation, use or maintenance thereof shall be conditioned upon the compliance with the provisions of this chapter. An annual permit fee of $25 for the first newsrack and $10 for each newsrack thereafter is required. The amount of the fee may be amended by resolution of the governing body at any time subsequent to the adoption of this chapter.
B. 
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 annual fee shall be prorated if the permit is issued effective subsequent to January 1.
C. 
No permit shall be issued or continued in operation unless that applicant and any other persons, organizations, firms or corporations on whose behalf the application is made by filing such application do represent, stipulate by contract and agree that they will jointly and severally defend, indemnify and hold the Village of Ridgefield Park harmless against liability for any and all claims for damage to property or injury to or death of persons, including expenses and costs, arising out of or resulting from the issuance of the permit or the control, maintenance or ownership of the newsracks permitted.
D. 
Before the Commissioner of Parks and Public Property may issue a newsrack permit to any person, that person 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 the Village harmless against liability for any and all claims for damage to property or injury to or death of persons, including expenses and costs, arising out of or resulting from the issuance of the permit or the control, maintenance or ownership of the newsracks permitted."
E. 
Insurance.
(1) 
Upon the issuance of a permit (license), the applicant agrees to furnish the Commissioner of Parks and Public Property with a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance issued by a company duly licensed to transact business in the State of New Jersey, covering all public risks related to use, maintenance, existence or location of the newsrack(s). The amounts of such insurance shall not be less than the maximum liability which can be imposed on the Village of Ridgefield Park under the laws of the State of New Jersey. At present, such amounts shall be as follows, with the understanding of and agreement that such insurance amounts may be revised upward at the municipality's option, and the party holding said permit (license) will so revise such amounts within 30 days following notice of such requirements:
(a) 
Property damage, per incident: $50,000.
(b) 
Personal injury, per incident: $200,000.
(2) 
The applicant is exempt from the requirement of Subsection E(1) above if the applicant can demonstrate the financial capability to self-insure.
Any newsrack which, in whole or part, rests upon, in or over any public sidewalk, roadway or street shall comply with the following standards:
A. 
No newsrack shall exceed 48 inches in height, 24 inches in width, or 20 inches in thickness.
B. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspapers sold therein.
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 mechanisms 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 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 chapter.
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 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, peeling or fading.
(5) 
The structural parts thereof are not broken or unduly misshapen.
F. 
It shall be unlawful for any person to place or maintain any publication or material in newsracks which exposes to public view any pictorial material which depicts or appears to depict nudity or offensive sexually explicit material.
G. 
Each newsrack shall be maintained to prevent the newspapers from being scattered about the area.
H. 
No newsrack shall be chained or fastened in any manner whatsoever to any utility pole, street sign, bus shelter, mailbox, bench, fire hydrant, guide wires, utility poles or fire boxes.
I. 
In the event that a utility company or a contractor plans to perform maintenance or repair work in an area occupied by a newsrack, the owner of the newsrack shall remove the newsrack from that area while the work is being performed, upon reasonable notice given to the owner of the newsrack by the utility company or contractor.
Any newsrack which rests in whole or in part upon any portion of a public street or sidewalk 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 street or sidewalk when 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 vehicles;
(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, mailboxes or parking meters permitted at or near said location.
C. 
A newsrack or newsracks shall be placed or otherwise secured so as to prevent their 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, mailboxes or parking meters.
D. 
Distances from other objects; grouping.
(1) 
No newsracks shall be placed, installed, used or maintained:
(a) 
Within three feet of any marked sidewalk.
(b) 
Within three feet of a curb return.
(c) 
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
(d) 
Within five feet of any driveway.
(e) 
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
(f) 
Within 10 feet of any standpipe or sprinkler connection or related safety or fire equipment.
(g) 
Within five feet of any building, unless written permission is secured from the property owner and filed with the application.
(h) 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
(2) 
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than four feet along a curb.
E. 
No newsrack shall be permitted to rest upon, in or over any public sidewalk when 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.
(4) 
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
In the event that a newsrack violates any of the conditions of § 249-5 or 249-6 of this chapter, representatives of the municipality shall notify the owner of the condition, and if the condition has not been remedied within 15 days from the owner receiving notification, the municipality shall have the right to remove the newsrack from the location and notify the owner that it has been removed. The newsrack shall be stored in a safe place by the municipality after it has been removed, and the owner of the newsrack shall be notified as to where it is being stored.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article II, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).