[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:
A window used for the display of merchandise.
To place, install, maintain or operate a 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.
Any individual, firm, corporation, partnership, association
or other entity.
Any newspaper, magazine, periodical, circular, or similar
printed matter.
Any newspaper distribution box which is subject to the provisions of this chapter in accordance with Subsection 35-1.3 herein.
The portion of a street improved, designed or ordinarily
used for vehicular travel.
The area between the edge of the roadway and the property
line adjacent thereto, including both paved and unpaved areas.
All areas dedicated to public use for public street purposes,
including but not limited to roadways, alleys and sidewalks.
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.
[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.
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.
[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.
