As used in this chapter, the following terms shall have the
meanings indicated:
DISTRIBUTOR
Any person, firm or corporation responsible for placing,
locating, installing or maintaining a newsrack in a public place in
the City of Hackensack.
DRIVEWAY
That surface, whether or not improved, over and by which
ingress and egress are made into private or public property by vehicles.
NEWSPAPER
Any newspaper, periodical or magazine of general circulation
as defined by general law; any newspaper, periodical or magazine duly
entered with the Post Office Department of the United States, in accordance
with federal statute or regulation; and any newspaper, periodical
or magazine filed and recorded with any recording office as required
by general law.
NEWSRACK
Any machine, vending machine, rack, self-service or coin-operated
box, container, storage unit or other dispenser used and maintained
for the sale and distribution of newspapers, news periodicals, news
magazines and any other similar publications.
ROADWAY
That portion of any street improved, designed or ordinarily
used for vehicular traffic.
SIDEWALK
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the property
line adjacent thereto, or if there is no curb, the area between the
edge of the street and the property line adjacent thereto, and the
sidewalk shall include the public right-of-way along such street or
sidewalk.
STREET
All that area dedicated to public use for public street purposes
and includes, but is not limited to, roadways, parkways, alleys and
sidewalks.
Any newsrack which in whole or in part rests upon or over any
public sidewalk or public right-of-way shall comply with the following
standards:
A. No newsrack shall exceed 60 inches in height, 24 inches in width
or 20 inches in depth.
B. The exterior of the newsrack shall be in accordance with this chapter
and only deal with the display, sale or purchase of the newspaper
sold therein. No newsrack 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 shall only be used to store newspapers the distributor
intends on selling.
D. 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
he or she is unable to receive the newspaper paid for. The coin return
mechanism shall at all times be maintained in good working order.
E. Each newsrack shall have affixed to it, in a readily visible location,
a notice setting forth the name and address of the distributor and
a telephone number which persons may 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 chapter.
F. Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. In particular, each newsrack shall be
maintained so that:
(1) It is reasonably free of loose, chipped, peeling or cracked paint
on the exterior surfaces thereof;
(2) It is reasonably free of rust and corrosion on the exterior surfaces
thereof;
(3) The clear plastic or glass parts thereof, if any, are not broken
or cracked so as to create danger to users thereof; and
(4) Structural parts are not broken, cracked or otherwise in a condition
which might render them dangerous to users thereof.
G. Each newsrack shall be maintained to prevent the newspapers from
being scattered about the area.
H. Each newsrack not located on an existing sidewalk or other hard surface
area shall be placed on a precast concrete base. Installation, maintenance
and removal of the base shall be the responsibility of the distributor.
Any newsrack which in whole or in part rests upon or over any
public sidewalk or public right-of-way shall be located in accordance
with the following requirements:
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, when such installation, use or maintenance:
(1) Endangers the safety of persons or property; or
(2) Unreasonably interferes with or impedes the flow of pedestrian or
vehicular traffic, including any legally parked or stopped vehicle;
or
(3) Unreasonably interferes with the ingress to or egress from any residence
or place of business; or
(4) Unreasonably interferes with passengers boarding or exiting from
buses at designated bus stops; or
(5) Unreasonably interferes with the use of traffic signs or signals,
fire hydrants or mailboxes located or permitted at or near said location.
C. Newsracks shall be chained, bolted or otherwise secured so as to
prevent their being blown or knocked down, or otherwise moved, onto
or around the public right-of-way; provided, however, that no newsrack
shall be chained, bolted or otherwise secured to any traffic or street
sign, signals, or poles without obtaining the permission of the Zoning
Official.
D. Newsracks may be placed next to each other in groups at the same
location, provided that no group of newsracks shall extend for a distance
of more than six feet along a curb, and provided, further, that there
shall be a minimum of 20 feet between any such group of newsracks
and any other newsrack or group of newsracks.
E. No newsrack shall be placed, installed, used or maintained:
(1) Within six feet of any marked crosswalk or handicap curb ramp;
(2) Within 12 feet of a curb return of any unmarked crosswalk;
(3) Within 15 feet of any fire hydrant, fire or police call box, or other
emergency communication facility;
(4) Within five feet of any driveway or apron;
(5) At any location whereby the clear space for the passageway of or
for pedestrians is reduced to less than six feet or would be reduced
to six feet by newsrack;
(6) Within 10 feet of any standby or sprinkler connection or related
safety or fire equipment;
(7) Within five feet of any building, showroom or display window, unless
written permission from the owner is secured and same is submitted
with the application;
(8) Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or landscaping;
(9) Within 300 feet of any other newsrack containing the same issue or
edition of the same publication;
(10)
In front of a single-family or two-family residence;
(11)
To cause sight line obstruction at any intersection or driveway;
or
(12)
No more than two newsracks may be placed adjacent to each other
at any location that complies with this chapter. After a newsrack,
or a pair of newsracks, is permitted for a specific location, no additional
newsracks shall be placed less than 200 feet from the permitted newsrack.
If any provision of this chapter shall be adjudged unconstitutional
or invalid by a court of competent jurisdiction, then such judgment
shall not affect, impair or invalidate the remaining provisions hereof,
which shall continue in full force and effect.