[HISTORY: Adopted by the Township Committee of the Township
of Riverside 5-23-1994 by Ord. No. 1994-7 (Ch. 186 of the 1995
Code). Amendments noted where applicable.]
A.
Convenient availability of newspapers and other publications to the
citizens of the Township of Riverside is essential to the dissemination
of news, information and ideas and to the constitutional rights of
free speech and press.
B.
Unrestricted placement of news vending machines and devices on public
ways within the Township of Riverside has caused unsightly conditions,
threats to public safety, littering, economic impact through malfunctioning
machines and other adverse consequences.
C.
Reasonable regulation of news vending machines and devices will permit
the free and unrestricted dissemination of news and information while
protecting the public from the negative consequences which have otherwise
occurred.
As used in this chapter, the following terms shall have the
meanings indicated:
The person responsible for placing and maintaining a news
vending machine in a public street, as herein defined.
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 and/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.
That portion of a street improved, designated or ordinarily
used for vehicular 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.
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate on any public street in the Township
of Riverside any news vending machine without first having obtained
a permit from the Township Clerk or her designee, specifying the exact
location of such news vending machine or machines. One permit may
be issued to include any number of news vending machines and shall
be signed by the Clerk and the applicant. Fees shall be based on the
number of machines.
Application for such permit shall be made, in writing, to the
Township Clerk and approved by the Township Clerk, upon such form
as shall be provided by her, and shall contain the name and address
of the applicant and the proposed specific location of said news vending
machine or machines and shall be signed by the applicant and be accompanied
by the applicable fee.
A.
Permits may be issued for the installation of a news vending machine
or machines without prior inspection of the location, but such news
vending machine or machines and the installation, use or maintenance
thereof shall be conditioned upon compliance with the provisions of
this section. An initial application fee of $75 per news vending machine
is required. Thereafter, an annual renewal fee of $25 shall be paid
for the permit of each news vending machine maintained at the same
location and in the same manner as the vending machine covered by
the initial permit. The amount of the fee may be amended by resolution
of the Township Committee at any time subsequent to the adoption of
this chapter.
B.
The permit shall be valid for a period of one year commencing on
July 1 of each year and shall be renewable on July 1 of any subsequent
year. The annual fee shall be prorated if the permit is issued effective
subsequent to July 1.
C.
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 by filing such application do represent,
stipulate, contract and agree and that they will jointly and severally
defend, indemnify and hold the Township of Riverside 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 news vending machines permitted.
D.
Before the Township of Riverside may issue a news vending machine
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 harmless the Township of
Riverside against liability for any and all claims for damage to property
or injury or death of persons arising out of or resulting from the
issuance of the permit or the control, maintenance or ownership of
the news vending machine permits."
E.
Before the Township Clerk may issue a news vending machine permit
to any person, that person shall file with the Township Clerk proof
of an insurance policy issued by a company duly licensed to transact
business under the insurance laws of this state in the sum of $500,000
for one person, and for more than one person $1,000,000, insuring
against loss from liability imposed by law upon the distributor for
damages on account of bodily injury or death suffered, and in the
sum of $50,000 against loss on account of property damage suffered
by any person or persons as a result of an accident occurring by reason
of the ownership, control or maintenance of the news vending machines
permitted, and no license shall continue to be effective unless such
insurance, in the full and collectible amount of $500,000 for one
person and $1,000,000 for more than one person for bodily injuries
or death and $50,000 for property damages, shall remain in force during
the entire term of the license. Such insurance policy shall provide
for the payment of any final judgment recovered by any person on account
of the ownership, maintenance and control of such news vending machines
or any fault in respect thereto and shall be for the benefit of any
person suffering loss, damage or injury as aforesaid. Said policy
shall carry the Township of Riverside and its officials as an additional
insured and shall insure the Township against liability arising from
any claim for damages.
A.
No news vending machine shall exceed 48 inches in height, 24 inches
in width or 20 inches in thickness.
B.
No news vending machine 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 news 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 or she is unable to receive the publication paid
for. The coin return mechanisms shall be maintained in good working
order.
D.
Each news vending machine shall have affixed to it, in a readily
visible place so as to be seen by anyone using the news vending machine,
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 notices provided for in this chapter.
E.
Each news 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 news vending machine
shall be serviced and 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 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 or place to maintain any publication
or material in news vending machines which exposes to public view
any pictorial material which depicts or appears to depict offensive
sexually explicit material.
G.
Each news vending machine shall be maintained in a manner so as to
prevent the newspapers and other contents from being scattered about
the area.
Any news vending machine 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 this section:
A.
No news vending machine 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 news vending machine 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 or mailboxes permitted or near said location.
C.
A news vending machine or machines shall be placed or otherwise secured
so as to prevent their being blown down or around the public street
or sidewalk or moved without authorization, but shall not be chained
or otherwise secured to any traffic or street signs, signals, hydrants
or mailboxes.
D.
No news vending machines shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within three feet of a curb.
(3)
Within 15 feet of any fire hydrant, fire call box, police call box
or other emergency facility.
(4)
Within five feet of any driveway.
(5)
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six feet.
(6)
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping.
(7)
Within 500 feet of any other news vending machine on the same side
of the street, in the same block, containing the same issue or edition
of the same publication.
E.
News vending machines may be placed next to each other and grouped,
provided that no group of news vending machines shall extend for a
distance of more than six feet along a curb, and provided that the
grouping of such machines shall not violate any other provisions of
this section.
A.
The provisions of this chapter may be enforced by the Construction
Code Official, any police officer and any employee of the Township
of Riverside with responsibility for maintenance of streets and roads
and by any citizen through the filing of a complaint with the police
or the Municipal Court.
B.
A distributor shall be notified of any violation in writing. If the
distributor fails to adjust, correct or otherwise cause such news
vending machine to comply with the provisions of this chapter within
seven days of the date of notice, the distributor shall be considered
in violation of this chapter.
[Amended 9-25-1995 by Ord. No. 1995-10; 8-23-2006 by Ord. No. 2006-18]
A.
Any distributor or other person who fails to comply with the provisions
of this chapter shall, upon conviction thereof in Municipal Court,
be subject to one or more of the following: a fine not exceeding $2,000;
a term of imprisonment not exceeding 90 days; or a period of community
service not exceeding 90 days. Each day for which the distributor
fails to comply with the provisions of this chapter shall constitute
a separate violation hereunder.
B.
It shall be unlawful for any person to tamper with, deface or vandalize
any news vending machine within the Township of Riverside. Any person
who violates this section shall, upon conviction thereof in Municipal
Court, be subject to one or more of the following: a fine not exceeding
$2,000; a term of imprisonment not exceeding 90 days; or a period
of community service not exceeding 90 days.
This chapter will take effect immediately upon passage and publication
in accordance with law as to any newly installed news vending machine.
With regard to any news vending machines which had been installed
and are presently being operated within the Township of Riverside,
the distributor shall have a period of 30 days from the passage and
publication of this chapter to move, repair or otherwise make such
corrections as may be needed to bring said machines into conformity
with the provisions of this chapter and to file an application for
a permit as set forth herein. The Clerk shall review and issue permits
for such existing machines within 30 days of the filing of the application.
Thereafter, applications for machines at new locations shall be reviewed
and permits issued or denied within 30 days.
