[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-7-1988 by Ord. No. 898-88 (Ch. 240, Art. I, of the 1975 Code)]
No person, firm or corporation shall install, erect, maintain or operate on any public street or sidewalk or on any other public way or place within the Borough of Edgewater any newspaper or magazine vending machine without first having obtained a permit from the Clerk of the Borough of Edgewater specifying the exact location of each such vending machine.
Application for a permit to install a newspaper or magazine vending machine shall be made in writing to the Borough Clerk and upon such form as shall be provided and shall contain the name and address of the applicant and the proposed specific location of such vending machine and shall be signed by the applicant.
The application for a permit shall contain a diagram drawn to scale showing the proposed location of the newspaper or magazine vending machine in relationship to surrounding curbs, streets, sidewalks, fire hydrants, bus stops, taxi stands, leading zones and public or private driveways within a radius of 20 feet.
Within 10 days after receipt of a completed application, the Clerk of the Borough of Edgewater shall issue a permit unless he finds that issuance thereof would not be in compliance with the rules and regulations established herein.
Such permit shall be valid for a period of one-year commencing January 1 and expiring December 31. An annual permit fee of $15 per vending machine is required.
No newspaper or magazine vending machine shall be installed in such a manner as to:
Endanger the safety of persons or property.
Unreasonably interfere with the ingress or egress from any residence or place of business.
Unreasonably interfere with or impede the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle.
Unreasonably interfere with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
No newspaper or magazine vending machine shall be installed in any of the following locations:
Within any public street, shoulder of any public street, public parking lot or other public area designated for either the parking or passage of motor vehicles.
Within three feet of a pedestrian crosswalk.
Within 10 feet of a fire hydrant.
Within five feet of a public or private driveway, fire call box, police call box or other emergency facility.
Within three feet of a painted line of a parking stall.
Within 10 feet from the side line of an intersecting street.
Within three feet of a barrier-free curb cut.
Adjacent to any portion of the curbline or street or right-of-way designated as a no-parking or no-stopping or -standing traffic zone.
On any privately owned property without the consent of the property owner.
In such location as to result in an unobstructed sidewalk area of less than four feet in width.
Subject to the limitations contained in Subsection A above, newspaper and magazine vending machines shall only be installed within the public right-of-way in the following locations:
Along streets having curbs, immediately adjacent to the edge of the curb farthest from the street.
Along streets having no curbs, immediately adjacent to that portion of the sidewalk nearest the street.
Along public streets having neither curbs nor sidewalks, immediately adjacent to the public right-of-way.
Permittees shall maintain their newspaper or magazine vending machines in proper working order and free of graffiti.
A permittee shall collect and remove all litter which may have accumulated under, in or about the newspaper or magazine vending machine whenever it places additional newspapers or magazines in its newspaper or magazine vending machines.
No newspaper or magazine vending machine shall be attached by chain, bolts or otherwise to any telephone pole, bus shelter, tree, traffic sign, street sign, sidewalk or pavement or any other structure within any public street, shoulder of any public street, public parking lot or other public area.
Newspaper or magazine vending machines permitted herein shall comply with the following additional standards:
Such vending machines shall not exceed 60 inches in height, 24 inches in width or 20 inches in thickness.
Such vending machines shall not be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or magazine sold therein.
Each vending machine 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 mechanism shall be maintained in good working order.
Each vending machine shall have affixed to it in a readily visible place so as to be seen by anyone using the vending machine a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call 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 article.
Each vending machine 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 vending machine shall be served and maintained so that:
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
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.
The paper or cardboard parts of inserts thereof, if any, are reasonably free of tears, peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
No newspaper or magazine vending machine shall contain publications exploiting nudity or pornographic literature.
A newspaper or magazine vending machine may be installed or placed immediately along the side of a bus shelter or bench, subject to the following additional limitations:
Only one vending machine may be installed or placed on either side of the bus shelter or bench.
The vending machine shall not be placed in such a manner as to interfere with passage from the bus shelter or bench to the curb.
Newspaper or magazine delivery vehicle shall not stop, stand or park within the designated bus stop area.
Any newspaper or magazine vending machine installed without a permit or in violation of any provisions of this article shall be deemed a public nuisance, and the owner thereof shall forthwith remove such machine upon notice from the municipality. Except in cases of emergencies posing an immediate danger to public health, safety and welfare, such notice shall be provided in writing to the address of the owner on file with the Borough or as otherwise known. In the event of a failure or refusal of an owner to remove said vending machine following the notice, the Borough may cause the vending machine to be removed and disposed of in accordance with the law.
Any person violating any provision of this article shall be subject to the penalties in Chapter 1, Article II, General Penalty. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.