[HISTORY: Adopted by the Borough of Rutherford Council 4-10-2012 by Ord. No. 3255-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Convenience stores — See Ch. 22A.
Obscene materials — See Ch. 64A.
Streets and sidewalks — See Ch. 109.
[1]
Editor's Note: This ordinance also repealed former Ch.
62, Newspaper Vending Machines, adopted 11-11-1997 by Ord. No. 2823-97.
The purpose of this chapter is to promote the public health,
safety, and welfare through the regulation of the placement, type,
appearance, and servicing of newspaper vending machines in public
places so as to:
A.
Provide for pedestrian and driving safety and convenience.
B.
Restrict unreasonable interference with the flow of pedestrian or
vehicular traffic, including ingress or egress from any residence
or place of business or from the street to the sidewalk by persons
exiting or entering parked or standing vehicles.
C.
Provide reasonable access for the use and maintenance of poles, posts,
traffic signs or signals, hydrants, mailboxes, and access to locations
used for public transportation purposes.
D.
Relocate and/or replace newspaper vending machines which result in
visual blight and/or excessive space allocation on the public right-of-way.
E.
Maintain and preserve freedom of the press.
As used in this chapter, the following terms shall have the
meanings indicated:
The person or entity responsible for placing and maintaining
a newsrack(s) in a public street. This term includes the applicant
for a permit under this chapter, the owner of a newsrack(s) under
this chapter, and any third party used by the owner for distribution
and maintenance of the newsrack(s).
The hearing officer, as provided for in this chapter, shall
be the Business Administrator of the Borough of Rutherford.
Any newspaper or periodical.
Any self-service or coin-operated box, container, storage
unit, or other dispenser installed, used or, maintained only for the
display and sale of newspapers.
Unless otherwise indicated, notice under this chapter shall
be in writing by certified mail, hand delivery, or e-mail.
All areas dedicated for public use which are under the control
or possession of the Borough of Rutherford, including but not limited
to roadways, parkways, alleys, and sidewalks.
that portion of a street improved, designated, or ordinarily
used for vehicle travel.
Any surface provided for the use of pedestrians.
A.
Any person or entity seeking to erect, place, maintain, or operate
a newsrack(s) in any public place in the Borough of Rutherford must
first obtain a permit from the Borough of Rutherford Clerk.
B.
The application for such permit shall be in the form provided by
the Clerk and shall contain:
(1)
The contact information for the distributor, including an e-mail
address.
(2)
The number of newsrack(s) the distributor shall deploy in the Borough
of Rutherford, with a description of the location of each.
(3)
A description of each newsrack(s), including dimensions, signage,
and whether it has a coin-operated mechanism.
(4)
The name and frequency of the publication to be placed in each newsrack(s).
(5)
A statement that the applicant indemnifies and holds the Borough
of Rutherford harmless for any liability arising from the deployment,
placement, use, and maintenance of the newsrack(s). The statement
shall contain the following language:
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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 Borough of Rutherford 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 newsrack(s) permitted.
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(6)
The signature of the applicant.
C.
Only one permit shall be required per distributor, which permit shall
cover all newsrack(s) deployed by the distributor in the Borough of
Rutherford.
D.
An applicant whose permit is denied shall have 10 days from the denial
to cure the defect and the right to request a hearing to contest the
denial. The hearing shall occur within 10 business days of the denial.
The hearing officer shall issue a written decision within 10 business
days of the hearing. Any notices under this subsection shall be provided
by the Clerk (other than the hearing officer's decision).
A.
A permit for a newsrack(s) shall be issued by the Clerk within 10
days of the application and, whenever possible, immediately following
submission of the application. The only basis for denial of a permit
shall be failure to agree to or comply with the provisions of this
chapter.
B.
The fee for an initial permit under this chapter shall be $100; the
fee for renewal of the permit shall be $50 annually. The permit shall
be valid for a period of one year, on a calendar-year basis, commencing
on January 1 and shall be renewable on January 1 of any subsequent
year. The initial permit fee shall be prorated if the application
for a permit is submitted after February 1.
C.
The permit fee is to defray the administrative costs of implementing
this chapter, which includes maintaining and indexing distributor
permit files and periodic inspection of newsrack(s) by the Department
of Public Works.
Any newsrack(s) which, in whole or in part, rests upon, in or
over any public sidewalk, roadway, or street, or is otherwise in any
public place, shall comply with the following standards:
A.
No newsrack(s) shall exceed 60 inches in height, 24 inches in width,
or 20 inches in thickness.
B.
No newsrack(s) shall be used for advertising signs or publicity purposes
other than those dealing with the display, sale, or purchase of the
newspapers sold therein.
C.
Each newsrack(s) shall be equipped with a coin-return mechanism to
permit a person using the machine to secure an immediate refund in
the event that customer is unable to receive the publication paid
for. The coin-return mechanisms shall be maintained in good working
order.
D.
Each newsrack(s) shall have affixed to it in a readily visible place,
so as to be seen by anyone using the newsrack(s), 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.
E.
Each newsrack(s) 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(s) 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 to place or maintain any publication
or material in newsrack(s) which exposes to public view any pictorial
material which depicts nudity, as that term is commonly understood.
G.
Each newsrack(s) shall be maintained to prevent the newspapers from
being scattered about the area.
H.
Each newsrack(s) shall be blue.
Any newsrack(s) 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, or is otherwise located
in a public place, shall be located in accordance with the provisions
of this section.
A.
No newsrack(s) 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(s) 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 at or near said location.
C.
The newsrack(s) shall be placed or otherwise secured so as to prevent
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, or mailboxes.
D.
No newsrack(s) 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 newsrack(s) on the same side of the
street in the same block containing the same issue or edition of the
same publication.
(8)
Within 10 feet of any standby or sprinkler connection or related
safety or fire equipment.
(9)
Within five feet of any building, unless written permission is secured
from the property owner and filed with the application.
A.
Any violation of this chapter shall be subject to a maximum fine
of $1,000, in addition to potential seizure of the newsrack(s).
B.
Upon the effective date of this chapter, all nonpermitted (distinguished
from noncompliant) newsrack(s) in the Borough of Rutherford are subject
to seizure, except as otherwise provided in this chapter.
C.
For nonpermitted newsrack(s) which preexist on the effective date
of this chapter, the distributors shall have 60 days from the effective
date to apply for a permit under this chapter. These applicants shall
pay the permit fee of $10 which existed under the prior version of
this chapter and shall pay the new, initial permit fee of $100 by
January 1, 2013; thereafter, these applicants shall pay the renewal
fee annually as provided for in this chapter.
D.
For permitted newsrack(s) which do not comply with this chapter,
the Borough of Rutherford may seize such newsrack(s) after providing
the distributor written notice of noncompliance, 10 business days
to remedy the violation, and a right to request a hearing to contest
the seizure within 10 business days of the notice of noncompliance.
The notice of non-compliance shall state the period to remedy the
violation, the right to a hearing, and the period in which the hearing
must be requested. A hearing, if requested, must be held within 30
days of the notice of noncompliance; the hearing officer must issue
a written decision with 10 business days of the hearing.
