Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. No. 2013-11]
a. 
The uncontrolled placement of newspaper boxes in public rights-of-way presents an inconvenience and danger to the health, safety and welfare of persons using such public rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control, and emergency services.
b. 
The uncontrolled placement of newspaper boxes is also detrimental to the aesthetic characteristics of the Borough and unsightly newspaper boxes located in the public rights-of-way constitute public nuisances and cause visual blight.
c. 
The Mayor and Council recognize, however, that the use of such rights-of-way is so historically associated with the sale and distribution of newspapers and publications that access to the areas for such purposes should not be absolutely denied. The Mayor and Council further find that these strong and competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this chapter, which is designed to accommodate such interest regulating the time, place and manner of such newspaper boxes.
d. 
The regulation of newspaper distribution boxes, as provided for in this chapter, is intended to advance the public purposes of furthering vehicular and pedestrian traffic, safety, preventing obstructions to vehicular and pedestrian traffic, facilitating the maintenance of public sidewalks and public areas, and preventing unsightly and aesthetically undesirable uses of public sidewalks, public areas and other areas open to public view.
[Ord. No. 2013-11]
As used herein, the following terms shall have the meanings indicated:
DISPLAY WINDOW
A window used for the display of merchandise.
MAINTAIN
To place, install, maintain or operate a newspaper distribution box.
NEWSPAPER DISTRIBUTION BOX
Any self-service or coin-operated box, stand, rack, container, storage unit, or other dispenser installed, used or maintained for the purpose of offering for sale, vending, distributing or giving away any publication.
PERSON
Any individual, firm, corporation, partnership, association or other entity.
PUBLICATION
Any newspaper, magazine, periodical, circular, or similar printed matter.
REGULATED NEWSPAPER DISTRIBUTION BOX
Any newspaper distribution box which is subject to the provisions of this chapter in accordance with Subsection 35-1.3 herein.
ROADWAY
The portion of a street improved, designed or ordinarily used for vehicular travel.
SIDEWALK
The area between the edge of the roadway and the property line adjacent thereto, including both paved and unpaved areas.
STREET
All areas dedicated to public use for public street purposes, including but not limited to roadways, alleys and sidewalks.
UNPROTECTED LANDSCAPED AREA
An area improved with flowers or shrubs that is not protected by either a man-made barrier, such as a fence, or a natural barrier, such as a hedge.
[Ord. No. 2013-11]
No person shall maintain a newspaper distribution box on a sidewalk or at an outdoor location visible from a sidewalk or roadway except in accordance with the provisions of this chapter.
[Ord. No. 2013-11]
a. 
The owner of each regulated newspaper distribution box shall file a completed registration form for each such box with the Zoning Officer and pay the applicable inspection fee within one business day of initially located or changing the location of any such box within the Borough of Bound Brook.
b. 
In the case of regulated newspaper distribution boxes located within the Borough as of the effective date of this chapter, the owner of any such box shall comply with the registration requirements within 30 days of said effective date.
Chapter 35 was adopted September 10, 2013 by Ord. No. 2013-11.
c. 
The registration for each newspaper distribution box shall be valid for one year from the date of registration. A new registration form shall be filed on or prior to the expiration of said one-year registration period.
[Ord. No. 2013-11]
a. 
Registration forms, which shall be provided by the Zoning Officer, shall require the registrant to state the following:
1. 
The name and address of the owner of the newspaper distribution box.
2. 
The specific location of the newspaper distribution box, with reference to the street address of the property in front of which it is located.
3. 
An accurate description of the newspaper distribution box, including its dimensions and any unique identifying mark, such as its serial number.
4. 
The name, title, address and telephone number of an individual responsible for repair and maintenance of the box and to be served with any notice provided for under this chapter.
5. 
The name, title and address of the individual completing the registration form, which individual shall be a duly authorized representative of the owner of the newspaper distribution box. The named individual shall sign the registration form, which signature shall signify his or her belief that the information contained therein is accurate.
b. 
A separate registration form must be filed for each regulated newspaper distribution box.
c. 
At the time of filing any registration form, the registration shall pay the inspection fee provided for by Subsection 35-1.6 herein.
[Ord. No. 2013-11]
a. 
Following the filing of each registration form, an inspection shall be conducted by the Zoning Officer of the Borough to verify that the newspaper distribution box has been located in accordance with the provisions of Subsection 35-1.7 and complies with the provisions of Subsection 35-1.8.
b. 
If the inspection indicates that one or more of the provisions of subsections 35-1.7 and 35-1.8 have not been adhered to, then the registrant shall be sent a notice in accordance with the provisions of Subsection 35-1.9.
c. 
The annual fee for each inspection shall be $75 per box.
[Ord. No. 2013-11]
a. 
Subject to the provisions of Subsection b, a newspaper distribution box maintained on a sidewalk shall be either:
1. 
Parallel to the curb, with the outer edge not less than 12 inches nor more than 18 inches from the edge of such curb; or
2. 
Parallel to the wall of a building, with the inside edge not more than six inches from such wall, but not less than three feet from any entrance or exit of a building; or
3. 
If a building does not abut the sidewalk, parallel to the curb and not more than six inches from the opposite edge of the sidewalk.
b. 
No person shall place, install, maintain or operate a newspaper distribution box at any of the following locations:
1. 
On or projecting over any portion of a roadway.
2. 
Within six feet of any marked crosswalk as measured along the curbline.
3. 
Within 15 feet of a curb return of any unmarked crosswalk, as measured along the curbline.
4. 
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
5. 
Within six feet of any driveway which provides access to a street.
6. 
Adjacent to the curb at any bus stop, as designated by Sections 7-35 and 7-36 of the Borough of Bound Brook Code, if located so as to obstruct or unreasonably interfere with pedestrian access to buses.
7. 
Within three feet of any publicly owned, unprotected landscaped area.
8. 
At any location where installation of the box would reduce the clear space for the passage of pedestrians to less than four feet.
9. 
At any location where the box would unreasonably interfere with or obstruct the flow of pedestrian or vehicle traffic, the ingress into or egress from any residence, place of business or any legally parked or stopped vehicle or at any location where the machine would endanger the safety of persons or property.
10. 
At any location where the box would unreasonably interfere with the use of poles, posts, traffic signs, traffic signals, hydrants, mailboxes or other objects permitted at or near such location.
11. 
Adjacent to the curb at any location designated as a loading zone or taxi stand pursuant to Sections 7-37 and 7-38 of the Borough of Bound Brook Code.
[Ord. No. 2013-11]
Every newspaper distribution box which is subject to the provisions of this chapter shall comply with the following standards:
a. 
No box shall be larger than five feet in height, 30 inches in width and two feet in depth.
b. 
No box shall be chained, bolted or otherwise attached to any private or public property without the consent of the owner of such property.
c. 
A box may be chained or otherwise attached to other boxes; however, no more than three boxes may be joined together in this manner.
d. 
No box or group of attached boxes shall weigh, in the aggregate, in excess of 125 pounds when empty.
e. 
No box shall be used for advertising, signs or publicity purposes, other than to identify the publication sold or distributed therein.
f. 
Each box shall be maintained in a clean, neat and well-painted condition and in good repair at all times.
g. 
The owner of each box shall permanently affix thereto his or her name, address and telephone number in a place where such information may be easily seen.
h. 
No box or group of attached boxes shall be located within 500 feet of any other box or group of attached boxes.
[Ord. No. 2013-11]
a. 
If any newspaper distribution box is determined to violate any of the provisions of this chapter, then a notice of violation shall be sent to the person designated to receive notices in the registration form.
b. 
The notice shall state the specific provisions of this chapter which have not been adhered to and notify the owner that the box must either be removed or brought into compliance with the specific provisions of this chapter within seven business days. If the owner elects to cure the specified violation or violations within said time period, then the owner shall take all necessary curative actions prior to the expiration of said time period.
c. 
Upon request, the official issuing a notice of violation shall meet with the recipient of such notice to discuss the basis for the determination that a violation exists and any proposed means of eliminating any violations. A request for such a meeting shall not toll the time for correcting or eliminating any violations, unless the official is unavailable for a meeting at any reasonable time within three business days following the receipt of a request. Following any such meeting, the official issuing the notice of violation may rescind the notice if he determines that there was no violation. The official may also grant an extension of up to one week for the correction of any violation, upon request and a showing of good cause.
[Ord. No. 2013-11]
Any person who violates any of the provisions of this chapter, after having been served with a notice of violation and having failed to correct or eliminate said violation or violations in accordance with Subsection 35-1.9, shall be subject to a fine of not less than $55 and not more than $200. Each violation of a separate section of this chapter and each violation by a different newspaper distribution box shall constitute a separate offense.
[Ord. No. 2013-11]
a. 
The police of the Borough of Bound Brook may impound any unregistered newspaper distribution box, any newspaper distribution box that creates an imminent danger of personal injury or any property damage to pedestrians or vehicles, and any abandoned or unused newspaper distribution box containing publications dating 30 days or more past the regular cycle of said publication.
b. 
Upon impounding any box, the police shall make reasonable efforts to give prompt notice to the owner by telephone, and written notice of any impoundment shall be sent to the owner of the impounded box within one business day. The owner shall be entitled to obtain the return of any impounded box from the police upon request during normal business hours, provided that the box is not being held as evidence in any criminal proceeding.
c. 
The police may dispose of any impounded newspaper distribution box which is not claimed by the owner within 60 days after the written notice of impoundment has been sent.