[HISTORY: Adopted by the Township Council of the Township
of Hamilton 5-22-1996 by Ord. No. 96-029 (Ch. 88 of the 1994
Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 435.
For the purposes of this chapter, the following words or phrases
shall have the meanings ascribed to them by this section:
Any person, association of persons, firm, or corporation
responsible, in whole or part, jointly or severally, for placing,
locating, installing, or maintaining a newspaper vending machine in
a public right-of-way or public place in the Township.
Any newspaper, periodical, or magazine of general circulation
as defined by general law; and newspaper, periodical, or magazine
duly entered with the Post Office Department of the United States,
in accordance with federal statutes or regulations; and any newspaper
periodical or magazine filed and recorded with any recording officer
as required by general law.
That portion of any street improved, designed, or ordinarily
utilized for vehicular traffic.
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the property
line adjacent to it, or, if there is no curb, the area between the
edge of the street and the property line adjacent to it and shall
include the public right-of-way along such street or sidewalk.
All that area dedicated to public use for public street purposes,
including, but not limited to, roadways, parkways, alleys, and sidewalks.
Any newspaper vending machine that rests in whole or in part
on any portion of a public sidewalk or public right-of-way or that
projects onto, into, or over any part of a public right-of-way in
the Township shall comply with the following standards:
A.
No newspaper vending machine shall be used or maintained that projects
onto, into, or over any part of the roadway of any public street or
that rests, wholly or partly, upon, along, or over any portion of
the roadway of any public street.
B.
No newspaper vending machine 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; or
(2)
Unreasonably interferes with or impedes the flow of pedestrians along
the public sidewalk or public right-of-way; and
(3)
Unreasonably interferes with or impedes the flow of vehicular traffic,
including any legally parked or stopped vehicle, along the public
roadway; or
(4)
Unreasonably interferes with the ingress into or egress from any
public or private property or place of business; or
(5)
Unreasonably interferes with the use of, or is attached to, traffic
signs, traffic signals, fire hydrants, police or fire call boxes,
utility poles, mailboxes, or other equipment located on or near the
public roadway, public sidewalk, or the public right-of-way; or
(6)
Unreasonably interferes with public access to benches or rest stops
provided along the public right-of-way.
C.
Newspaper vending machines shall be weighted so as to prevent their
unauthorized removal or their accidental movement within the public
sidewalk.
D.
Newspaper vending machines must be placed next to each other and
grouped; provided that no group of newspaper vending machines shall
extend for a distance of more than four feet along a curb. A "group"
shall mean up to two machines and separated from any other group by
a distance of at least 20 feet. A "group" of machines shall be aligned
in a manner so as to provide a uniform grouping and the minimization
of incursions into the public right-of-way.
E.
Newspaper vending machines shall be placed adjacent to a curbline;
provided that all newspaper vending machines so installed shall face
away from the roadway so as not to provide drive-up access to motorists.
F.
No newspaper vending machines shall be placed, installed, located,
used or maintained:
(1)
Within 12 feet of any marked crosswalk;
(2)
Within 12 feet of a curb return of any unmarked crosswalk;
(3)
Within five feet of any fire hydrant, fire call box, police call
box, or other emergency facility or equipment;
(4)
Within five feet of any driveway;
(5)
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees, or other landscaping other than that strip of the public
easement between the curb and sidewalk;
(6)
Within five feet of a "No Stopping—No Standing" zone;
(7)
Within three feet of the entrance of a bus shelter;
(8)
Within a designated bus stop marked by a yellow curb, except that
newspaper vending machines may be located within the first five feet
along the yellow curb measured from the nearside point of yellow curb,
and within the last five feet along the yellow curb, measured from
the farside point of the yellow curb; provided, however, that such
newspaper vending machines do not unreasonably interfere with the
loading and unloading of passengers.
Any newspaper vending machine that in whole or in part rests
upon, in, or over any public sidewalk or public right-of-way or that
projects onto, into, or over any part of a public right-of-way within
the Township shall comply with the following standards:
A.
No newspaper vending machine shall exceed 48 inches in height, 24
inches in width, or 20 inches in depth.
B.
No newspaper vending machine shall be used for commercial advertising
or commercial publicity purposes other than to display, promote, or
advertise the sale of the newspaper, news periodical, or magazine
sold in it.
C.
Each newspaper 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 at all times be maintained in
good working order.
D.
Each newspaper vending machine shall have affixed to it, in a readily visible place so as to be seen by anyone using the newspaper 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 § 306-4.
E.
Each newspaper 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 newspaper vending
machine shall be serviced and maintained so that:
(1)
It is reasonably free of loose, chipped, peeling, and cracked paint
in the visible painted areas;
(2)
It is reasonably free of rust and corrosion in the visible metal
areas;
(3)
The clear plastic or glass parts, if any, through which the publications
are viewed are not broken and are reasonably free of cracks, dents,
blemishes, and discoloration;
(4)
The paper or cardboard parts or inserts, if any, are reasonably free
of tears, peelings, or fading;
(5)
The structural parts are not broken, cracked, or otherwise dangerous
to users of them;
(6)
The surrounding area shall remain in a satisfactory condition.
A.
The Hamilton Division of Police, the Township Zoning Enforcement
Officer and the Township Public Works Inspectors are empowered with
the responsibility of enforcing the requirements governing newspaper
vending machines. If the enforcement official determines that a newspaper
vending machine does not comply with the provisions hereof, the enforcement
official shall mail a written notice to the distributor of such newspaper
vending machine, by certified mail, return receipt requested, stating
the reasons why such newspaper vending machine does not comply with
the foregoing provisions.
B.
If a distributor fails to adjust, correct, or otherwise cause such
newspaper vending machine to comply with the provisions hereof within
seven days from the date written notice of noncompliance is mailed
by the enforcement official, then such distributor shall be deemed
in violation of the provisions.
A.
Any distributor who fails to comply with the provisions of §§ 306-2 and 306-3 shall, upon conviction in the Municipal Court, be punishable as set forth in Chapter 1, General Provisions, § 1-2, Violations; penalties. Each day a distributor fails to comply with the provisions of this chapter shall constitute a separate violation under this section.[1]
B.
If a distributor is convicted of a violation of this chapter by the
Municipal Court and if such distributor thereafter refuses to remedy
or correct the violation within 10 days from the date of conviction,
then the enforcement official shall be empowered to remove the newspaper
vending machine that is the basis for the conviction from the public
sidewalk or public right-of-way or other place and return the newspaper
vending machine to the distributor identified on the newspaper vending
machine.
C.
It shall be unlawful for any person to tamper with, deface, or vandalize any newspaper vending machine within the Township. Any person who shall violate this subsection shall, upon conviction in the Municipal Court, be punished as set forth in Chapter 1, General Provisions, § 1-2, Violations; penalties.[2]
