[HISTORY: Adopted by the Township Council of the Township
of Clark as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Smoking — See Ch. 294.
[Derived from Sec. 4-10 of the 2002 Revised General Ordinances,
adopted 12-16-2002 by Ord. No. 02-27]
A.
Newsracks and newspaper vending machines have been installed within
the Township at locations which have caused traffic problems and hindered
the health, safety and welfare of the residents of the community and
visitors passing through the Township and have resulted in loss of
travel enjoyment.
B.
As a result of these problems, it is necessary to regulate and control
the installation and location of such newsracks and newspaper vending
machines.
As used in this article, the following terms shall have the
meanings indicated:
To place, install, maintain or operate a newspaper vending
machine.
Any self-service or coin-operated box, stand, rack, container,
storage unit or other dispenser installed, used or maintained for
the purpose of offering for sale, vending, distributing or giving
away any publication, including, but not limited to, newspapers.
Any newspaper, magazine, periodical or similar printed matter.
The portion of a street improved, designed or ordinarily
used for vehicular travel.
The area between the edge of the roadway and the property
line adjacent thereto, including both paved and unpaved areas.
All the area dedicated to public use for public street purposes,
including, but not limited to, roadways, alleys and sidewalks.
An area improved with flowers or shrubs that is not protected
by either a man-made barrier, such as a fence, or a natural barrier,
such as a hedge.
No person shall maintain any newsrack on any street, sidewalk,
roadway or unprotected landscaped area without obtaining a permit
therefor from the Police Department within 30 days after its placement.
The Police Department shall examine the location of the proposed
newsrack for compliance with this article and shall inform the person
who filed the application of its specific noncompliance or issue a
permit for maintenance of the newsrack within 15 days of receipt of
the application.
A.
The annual fee for each permit for the maintenance of a newsrack
shall be $12.
B.
All permits shall expire on December 31 of the year of issuance.
C.
Permits shall be renewable. The application to renew such permit
shall be made no later than 30 days nor more than 60 days prior to
the expiration of the existing permit.
Any newsrack which, in whole or in part, rests upon or over
any public sidewalk shall comply with the following standards:
A.
No newsrack shall exceed 60 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 solely dealing with the name of the newspaper or publication
sold thereon.
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 the newsrack door does not open. 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, at least three
inches by five inches in size, setting forth the name and address
of the owner and the telephone number of a working telephone service
to call to report a malfunction, to secure a refund in the event of
a malfunction of the coin-return mechanism or to give the notices
provided for in this article.
E.
Each newsrack shall be 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 of inserts thereof, if any, are reasonably
free of tears, peeling or fading.
Any newsrack which rests, in whole or in part, on any portion
of a public right-of-way, or which projects onto, into or over any
part of any public right-of-way, shall be located in accordance with
the following provisions:
A.
No newsrack shall rest, extend or project onto, into or over any
part of the roadway of any public street.
B.
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;
(3)
Unreasonably interferes with the ingress or egress from any residence
or place of business; or
(4)
The color unreasonably interferes with the use of traffic signs or
signals and hydrants located at or near such location.
C.
Newsracks shall be chained, bolted or otherwise secured so as to
prevent their being blown down or around the public right-of-way.
D.
Newsracks may be placed next to each other, provided that no group
of newsracks shall extend for a distance of more than six feet along
a curb, and each group shall be separated by at least three feet.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within 10 feet of any marked crosswalk.
(2)
Within 12 feet of a curb return or 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 five feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping.
(6)
In any no-parking or no-standing zone.
(7)
On any bridge at any location whereby the clear passageway of pedestrians
is reduced to less than six feet.
(8)
So that the door of the newsrack opens toward the roadway.
F.
No newsracks shall be placed along the following streets and/or roadways:
(1)
Brant Avenue, between Westfield Avenue and Garden State Parkway Circle.
(2)
Central Avenue, from the Garden State Parkway Circle to the Town
of Westfield border.
(3)
Raritan Road, between Ruddy Street and James Avenue.
(4)
Westfield Avenue, between Bartell Place and Benjamin Street and between
Kenneth Place and Old Raritan Road.
A.
The Police Department shall give written notice to any person who maintains a newsrack in violation of this article. If such violation is not corrected or the newsrack is not removed within 10 days of the date of the notice, the penalty stated in Chapter 1, Article III, General Penalty, shall be assessed for each and every day that the violation continues, and the Police Department may impound the newsrack.[1]
B.
The Police Department shall give notice to the owner of any newsrack
impounded pursuant to this section. If such impounded newsrack is
not claimed by its owner within 30 days of such notice, it shall be
deemed abandoned, and the Police Department may dispose of same without
liability to the owner.
[Adopted by Ord. No. 97-14 (Sec. 3-4 of the 2002 Revised General Ordinances)]
In view of indiscriminate sales of cigarettes to minors by automatic
vending machines, all cigarette vending machines are hereby prohibited
in the Township of Clark.
The provisions of this article shall not apply to premises licensed
for on-premises consumption of alcoholic beverages pursuant to N.J.S.A.
33:1-12 so long as:
Except as set forth in § 357-11, persons operating, renting or permitting the use of a cigarette vending machine on premises under his, her, their or its control shall be liable to the penalty stated in Chapter 1, Article III, General Penalty. Each day on which such a vending machine is operated on the premises shall be considered a separate violation, and the penalty herein shall be assessed for each such offense.
