[R.O. 1951, Ch. 3, § 1]
No person shall erect or place any sign, show bill, showboard or billboard in any public street or place, except such as shall be authorized by the Township Council.
[Ord. No. 1169, § 9]
No person shall throw, cast or distribute or permit to be thrown, cast or distributed any handbill, circular, card, booklet, placard or other advertising matter in or upon any street, public place, front yard, courtyard, stoop, vestibule or hall of any building or letter box therein. This section shall not be deemed to prohibit or otherwise regulate:
[R.O. 1951, Ch. 3, § 5]
No person shall place any sign or advertisement or other matter upon any pole, tree, curbstone, sidewalk or elsewhere in any public street or public place, except such as may be authorized by the Township Council.
[R.O. 1951, Ch. 3, § 4]
No person shall attach or cause to be attached to any tree, telegraph pole, sign, billboard, post or fence any circular, card or pamphlet designed primarily for advertising sales of merchandise, goods or wares.
[R.O. 1951, Ch. 3, § 6]
No person shall injure, deface, obliterate, remove, take down or disturb or in any other manner interfere with or disturb any sign containing the name of any street or public place or any bulletin board, sign or notice erected, posted or placed bearing the name of the Township Council or any officer of the Township.
[R.O. 1951, Ch. 3, § 7; Ord. No. 3332, 6-9-1992, § 1]
(a)
In the event that any property owner or occupier of business or residential premises in the Township desires that any publication, including but not limited to regional and local newspapers and advertising shoppers, not be delivered either temporarily or permanently to the property, the owner or occupier may notify the publisher and/or the delivery agent by certified mail, return receipt requested, of that fact. The owner or occupier shall also furnish a copy of the notification letter to the Township Clerk, but the failure to do so shall not bar prosecution or culpability hereunder.
(b)
Upon receipt of the initial notice by the publisher, it shall furnish a copy of said notice to its delivery agent. Upon receipt of the initial notice by its delivery agent, it shall furnish a copy of said notice to the publisher. The failure of the publisher or delivery agent to notify the other as aforesaid shall not bar prosecution of the other or culpability of the other hereunder.
(c)
If, after receipt of notice as aforesaid and the expiration of 10 days, deliveries of any publication referred to in said notice have not been discontinued, then the publisher and the delivery agent, if different than the publisher, shall be jointly and severally in violation of this chapter.[1]
[Ord. No. 3435, 11-14-1995, § 1; amended by Ord. No. 3501, 6-10-1997, § 1; Ord. No. 3648, 9-12-2000, § 1; Ord. No. 4080, 6-24-2008, § 4]
(a) DISTRIBUTOR MAGAZINE NEWSPAPER NEWSRACK ROADWAY SIDEWALK STREET
Definitions. As used in this section, the following terms shall have the meanings indicated:
The person responsible for placing and maintaining a newsrack in a public street as herein defined.
A periodical which usually contains a miscellaneous collection of articles, stories, poems and pictures and is directed to the general reading public.
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.
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of newspapers or magazines not devoted solely to commercial advertising and dispensed by said newsrack either free or for a consideration.
That portion of a street improved, designated or ordinarily used for vehicle travel.
Any surface provided for the use of pedestrians.
All that area dedicated to public use for public street purposes and shall include but not be limited to roadways, parkways, alleys and sidewalks.
(b)
Purpose and intent. It is the purpose and intent of this section, in the interests of public safety, aesthetics and the general welfare of the Township, to reasonably regulate the placement, maintenance and operation of newsracks within the Township of Teaneck. Newsracks dispensing newspapers, magazines or any other material that are devoted primarily to commercial or advertising purposes rather than news and nonadvertising material are not permitted.
(c)
Compliance required; permit required.
(1)
No person, firm or corporation shall place, maintain or operate any newsrack within the Township of Teaneck, except in conformity with the requirements of this section, which specific locations shall be determined upon permit application to the Construction Official.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Any person, firm or corporation seeking to place, maintain or operate any newsrack must first apply for and obtain a permit from the Construction Official of the Township, which permit shall specify the exact location of such newsrack or newsracks. One permit may be issued to include any number of newsracks and shall be signed by the applicant.
(d)
Application for permit. Application for such permit shall be made, in writing, to the office of the Construction Official of the Township of Teaneck 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 and shall be signed by the applicant. The application must be accompanied by a sketch or drawing of the proposed newsrack showing the dimensions thereof.
(1)
If the applicant meets all the requirements of the provisions of this section, the permit shall be issued within 10 days.
(2)
If the application is denied, the Construction Official, within 10 days by regular mail, shall set forth in writing the reasons for the denial.
(3)
Such denial by the Construction Official may be appealed within 30 days to the Township Manager, who shall render a decision within 30 days.
(e)
Conditions for permit; fee; term; liability insurance.
(1)
Permits may be issued for the installation of a newsrack or newsracks, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon compliance with the provisions of this section. An annual permit fee shall be established by the general Fee Ordinance of the Township.[1]
(2)
The permit shall be valid for a period of one year, on a fiscal-year basis, commencing on July 1, and shall be renewable on July 1 of any subsequent year.
(3)
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 for filing such application do represent, stipulate, contract and agree that they will jointly and severally defend, indemnify and hold the Township of Teaneck 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.
(f)
Maintenance; installation. Any newsrack which in whole or in part rests upon or over any public sidewalk, roadway or street and which is so permitted in a location under the terms of this section shall comply with the following standards:
(1)
No newsrack shall exceed 60 inches in height, 30 inches in width or 24 inches in thickness.
(2)
No newsrack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale or purchase of the news materials sold therein.
(3)
Each newsrack wherein a consideration is charged for the dispensing of its product 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.
(4)
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 section.
(5)
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:
a.
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
b.
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
c.
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents or blemishes and discolorations.
d.
The paper or cardboard parts or inserts thereof, if any, are reasonably free of tears, peeling or fading.
e.
The structural parts thereof are not broken or unduly misshapen.
f.
It is free from all graffiti.
(6)
It shall be unlawful for any person or place to 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.
(7)
Each newsrack shall be maintained to prevent the newspapers or magazines from being scattered about the area.
(8)
Each newsrack not located on an existing sidewalk or other hard surface area shall be placed on a precast concrete base. Installation, maintenance and removal of the base shall be the responsibility of the distributor.
(g)
Location and placement. No newsrack shall be placed or permitted except in conformity with the provisions of this section and upon permit application to the office of the Construction Official. Any newsrack 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 shall be located in accordance with the provisions of the following:
(1)
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 or over any portion of the roadway of any public street.
(2)
No newsracks shall be permitted to rest upon, in or over any public street or sidewalk when such installation, use or maintenance:
a.
Endangers the safety of persons or property.
b.
Unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic.
c.
Unreasonably interferes with access to or exit from any legally parked vehicle.
d.
Unreasonably interferes with the ingress or egress from any residence or place of business.
e.
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
f.
Unreasonably interferes with or impedes the operation of any bus stop.
(3)
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, trees or mailboxes.
(4)
No newsracks shall be placed, installed, used or maintained:
a.
Within three feet of any marked crosswalk or handicap curb ramp.
b.
Within 10 feet of any fire hydrant.
c.
Within five feet of any fire call box.
d.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet.
e.
Within five feet of any standby or sprinkler connection or related safety or fire equipment.
f.
Within five feet of any building, showroom or display window.
g.
In a cluster or grouping where more than six newsracks are together. There shall be no more than one cluster on the same side of the street in any block.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
h.
To cause a sight line obstruction at any intersection or driveway.
(h)
Abandonment. In the event that a newsrack remains empty for a period of 10 continuous days or does not contain the publication specified in the application therefor within 96 hours after the release of the current issue, the Construction Official may deem the newsrack abandoned and may, after having given 30 days' written notice to the applicant to remedy the problem specified in said written notice, remove the newsrack from the public right-of-way and/or impound said newsrack.
(i)
Removal of newsracks. In the event that a newsrack does not conform to any of the provisions of this section, the Construction Official may deem the newsrack a nonconforming newsrack and may, after having given 30 days' written notice to the applicant to remedy the problem specified in said written notice, remove the newsrack from the public right-of-way and/or impound said newsrack. Newsracks that do not contain proper owner/operator identification permanently attached thereto may be removed by the Township at any time without notice.
(j)
Storage after removal. For any newsrack that is removed or impounded in accordance with this section and then stored by the Township, the Township shall charge a storage fee in an amount as set forth in Appendix III, Fees and Charges for Certain Township Services, of Chapter 2 of this Code. In addition to the foregoing, the provisions as to impoundment of shopping carts contained in §§ 31-3, 31-4, 31-5, 31-6, 31-7 and 31-8 of the Township Code are hereby incorporated herein by reference as if at length set forth herein, except that in place and stead of "shopping carts" shall be substituted "newsracks," and in place and stead of the "Chief of Police," shall be substituted the "Construction Code Official" or "Construction Official."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(k)
Violations and penalties. In addition to all enforcement procedures provided herein, any violation of the provisions of this section shall be subject to prosecution as a violation and, upon conviction, shall subject the violator to the penalties prescribed by § 1-6 of the Code of the Township of Teaneck or shall be subject to a civil penalty of $500 for each offense collectible in a civil action and/or shall be subject to an action in a court of competent jurisdiction to compel compliance or to restrain by injunction any violation. Each day that a violation of this section continues after due notice from the office of the Construction Official to the violator shall be deemed a separate and distinct violation for each separate newsrack.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who is found to be in violation of this chapter shall, except as otherwise provided, be subject to a fine of not less than $100 for the first offense and a fine of not less than $100 nor more than $1,000 for each subsequent offense, as determined by the Judge of the Municipal Court. Each separate delivery on subsequent dates shall constitute a separate offense.