[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park 8-2-1984 by Ord. No. 918 (Ch. 47A of the 1970 Borough
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 405.
A.
The uncontrolled placement of newsracks in public rights-of-way presents
an inconvenience and danger to the safety and welfare of persons using
such rights-of-way, including pedestrians, persons entering and leaving
vehicles and buildings, and persons performing essential utility,
traffic control and emergency services.
B.
Newsracks so located cause an inconvenience or danger to persons
using public rights-of-way, and unsightly newsracks located therein
constitute public nuisances.
C.
The provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health and general welfare of persons in the Borough of
Seaside Park in their use of public rights-of-way.
[Amended 5-1-2003 by Ord. No. 1316]
As used in this chapter, the following terms shall have the
meanings indicated:
The person responsible for placing and maintaining a newsrack
in a public right-of-way.
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. This definition
shall not apply to any purely commercial and non-news-related boxes,
containers or storage units which are hereby prohibited from being
placed upon public property or within easements or rights-of-way within
the Borough of Seaside Park.
That area between the sidewalks and the curb of any street,
and where there is no sidewalk that area between the edge of the roadway
and property line adjacent thereto. Parkway shall also include any
area within a roadway which is not open to vehicular travel.
That portion of a street improved, designed or ordinarily
used for vehicular travel.
Any surface provided for the exclusive 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.
[Amended 7-7-1988 by Ord. No. 1043; 11-19-2001 by Ord. No. 1285; 5-1-2003 by Ord. No. 1316]
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate, on any public street or sidewalk,
or in any other public way or place in the Borough of Seaside Park
any newsrack without having obtained a permit within five days of
placement from the Code Enforcement Officer specifying the exact location
of such rack(s). One permit may be issued to include any number of
newsracks and shall be signed by the applicant.
[Amended 11-19-2001 by Ord. No. 1285]
Application for such permit shall be made, in writing, to the
Code Enforcement Officer upon such form as shall be provided by him,
and shall contain the name and address of the applicant, the proposed
specific location of said newsrack, and shall be signed by the applicant.
[Amended 4-18-1985 by Ord. No. 928; 7-7-1988 by Ord. No. 1043; 11-19-2001 by Ord. No. 1285; 3-25-2010 by Ord. No. 1510]
A.
Permits shall be issued for the installation of a newsrack or newsracks
without prior inspection of the location but such newsrack or newsracks
and the installation, use or maintenance thereof shall be conditioned
upon observance of the provisions of this chapter and such reasonable
rules and regulations as may be established by the Code Enforcement
Officer. An annual permit fee of $50 per newsrack is required.
[Amended 7-7-1988 by Ord. No. 1043; 5-1-2003 by Ord. No. 1316]
Any newsrack which in whole or in part rests upon, in or over
any public sidewalk or parkway, shall comply with the following standards:
A.
No newsrack shall exceed 50 inches in height, 20 inches in width
and 17 inches in depth.
B.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspaper or news periodical 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 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 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.
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 dirt and grease.
(2)
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof.
(3)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
(4)
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 discoloration.
(5)
The paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading.
(6)
The structural parts thereof are not broken or unduly misshapen.
[Amended 7-7-1988 by Ord. No. 1043; 5-1-2003 by Ord. No. 1316]
Any newsrack which rests in whole or in part upon, or on any
portion of a public right-of-way or which projects onto, into or over
any part of a public right-of-way 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
sidewalk or parkway, when such installation, use or maintenance endangers
the safety of persons or property, or when such newsrack unreasonably
interferes with or impedes the flow of pedestrian or vehicular traffic.
C.
Newsracks shall be weighted or otherwise secured so as to prevent
their unauthorized removal or their accidental movement within the
public sidewalk or public right-of-way, provided that such machines
shall not be chained and/or secured to trees, signs, public improvements
or public sidewalks.
D.
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, and a space of not less than three feet shall separate each
such group of newsracks.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within five feet of any marked crosswalk.
(2)
Within 12 feet of the curb return of 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 three feet ahead or 15 feet to the rear of any sign marking
a designated bus stop.
(6)
Within three feet of the outer end of any bus bench.
(7)
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than three feet.
(8)
Within three feet of or on any public area improved by lawn, flowers,
shrubs, landscaped areas, planters or similar decorative plants or
materials.
(9)
Within 100 feet of any other newsrack on the same side of the street
in the same block containing the same issue or edition of the same
publication.
A.
Upon determination by the Borough Police Department that a newsrack has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the offending condition will be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to properly correct the offending condition within three days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order shall result in the offending newsrack being summarily removed and processed as unclaimed property. If the offending newsrack is not properly identified as to its owner under provisions of § 310-6 hereof, it shall be removed immediately and processed as unclaimed property. The Borough Police Department shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of said newsrack shall be charged an inspection fee of $10 for each newsrack so inspected, which charge shall be in addition to all other fees and charges required under this chapter.
[Amended 5-1-2003 by Ord. No. 1316]
In addition to the enforcement procedures provided in § 310-8 of this chapter, it shall be within the power and discretion of the Code Enforcement Officer to suspend or revoke the permit for continued or repeated violations or infractions of any provision of this chapter or of any rule, direction or regulation of the Code Enforcement Officer. Suspension or revocation shall be mandatory for the third offense against § 310-8 of this chapter.
[Amended 5-1-2003 by Ord. No. 1316]
"Code Enforcement Officer," as used in this chapter, shall include
the Code Enforcement Officer or his designated representative.
In the event that a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in § 310-8 for newsracks in violation of the provisions of this chapter.
