[G.O. No. 1750, § I]
This chapter shall be known as the "Regulation of Newsrack Ordinance
for the Town of Westfield."
[G.O. No. 1750, § I]
It is the intent of this chapter to promote the public health,
safety and welfare through the regulation of the placement, appearance,
type, servicing, and insuring of newsracks located on public right-of-ways
in the Town 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 but not limited to ingress into or egress
from any residence or place of business.
(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) Provide for the placement of newsracks in the Town's downtown
zone (as defined herein) in a manner which is consistent with the
aesthetics of the downtown zone, promoting redevelopment and revitalization
of the area, while still leaving open ample reasonable means for distribution
of newspapers and other printed material constitutionally protected
by the freedom of the press.
(e) Reduce unreasonable exposure of the public to personal injury or
property damage.
(f) Treat all newspapers equally regardless of their size, content, circulation,
or frequency of publication.
(g) Maintain and preserve freedom of the press under the First Amendment
of the United States Constitution and Article 1, Section 6 of the
Constitution of the State of New Jersey.
(h) Cooperate with distributors of newspapers and other publications.
(i) Provide for the proper and efficient maintenance and intended use
of public right-of-ways while also leaving open adequate means of
distribution of newspapers and other publications in public places.
[G.O. No. 1750, § I]
After conducting a study of the existing newsracks in the Town
and the effect on the public health, safety and welfare of the residents
and visitors of the Town, it has been determined that:
(a) A substantial growth in the number of newspapers and other publications
distributed in the Town has produced a significant increase in the
number of newsracks installed in the public right-of-ways.
(b) The uncontrolled placement of newsracks in public right-of-ways presents
an inconvenience and a danger to the safety and welfare of persons
using the right-of-ways.
(c) The Town and the private sector have invested significant funds towards
the maintenance, as well as, towards the redevelopment and revitalization
of the Town.
(d) The Town has adopted a specific plan for the economic redevelopment
and revitalization of a portion of the Town, officially designated
as the Special Improvement District.
(e) The Town is pursuing numerous initiatives to redevelop and revitalize
the Central Avenue corridor leading to the Special Improvement District.
(f) There is a need to regulate and establish procedures regarding installation,
placement, size, maintenance and insuring of newsracks within the
Town.
(g) Establishing procedures for newsracks will improve the aesthetics
of the Town, promote the health, safety, and welfare of residents
and visitors of the Town, and support the development and revitalization
of the Town, while maintaining and preserving freedom of the press
under the First Amendment of the United States Constitution and Article
1, Section 6 of the Constitution of the State of New Jersey.
[G.O. No. 1750, § I]
Any newsrack which in whole or in part rests upon, in or over
any public right-of-way or which projects onto, into or over any part
of a public right-of-way within the Town shall comply with the following
standards:
(a) No newsrack shall exceed 60 inches in height, 30 inches in width
or 24 inches in depth. No newsrack shall weigh in excess of 125 pounds
when empty. No newsrack shall be constructed of materials which would
deteriorate from exposure to the elements if such newsrack were not
properly maintained.
(b) No newsrack shall be used for commercial advertising or commercial
publicity purposes other than to display, promote or advertise the
publication contained therein.
(c) Where applicable, each newsrack shall be equipped with a coin return
mechanism to permit a person using the newsrack 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 reasonable times be maintained
in good working order.
(d) Each newsrack shall have affixed thereto, in a readily visible place
so as to be seen by anyone using the newsrack, a notice setting forth
the name and address of the newsrack owner and the telephone number
of a working telephone service to call to (i) report a malfunction,
(ii) secure a refund in the event of a malfunction of the coin-return
mechanism, or (iii) provide a notice of violation or impoundment pursuant
to this chapter.
(e) Each newsrack shall be reasonably maintained in a neat and clean
condition and in good repair at all times and shall meet these standards:
(1)
It is reasonably free of loose, chipped, peeling and cracked
paint in the visible areas thereof;
(2)
It is reasonably free of rust and corrosion in the visible metal
areas thereon;
(3)
The clear plastic or glass parts thereof, if any, through which
the publications therein are viewed are not broken and are reasonably
free of cracks, dents, blemishes and discoloration;
(4)
The paper or cardboard parts or inserts thereof, if any, are
reasonably free of tears, peeling and fading; and
(5)
The structural parts thereof are not broken, cracked or otherwise
dangerous to users thereof.
(f) Newsracks shall be bolted, weighted or otherwise secured so as to
prevent their unauthorized removal or their accidental movement within
the public right-of-way, provided that newsracks located in the downtown
zone shall not be chained and/or secured to trees, signs, public property,
public sidewalks or other newsracks.
(g) Newsrack owners shall use good faith efforts to frequently replenish
the stock contained in their newsracks.
[G.O. No. 1750, § I]
Any newsrack which rests in whole or in part upon or on any
portion of a public right-of-way shall be located in accordance with
the following provisions:
(a) No newsrack shall be used or maintained which projects onto, into
or over any part of the roadway portion of any public right-of-way
or which rests, wholly or in part, upon, along or over any portion
of the roadway portion of any public right-of-way.
(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;
(2)
Unreasonably interferes with or impedes the flow of pedestrians
along the public right-of-way;
(3)
Unreasonably interferes with or impedes the flow of vehicular
traffic, including any legally parked or stopped vehicle, along the
public right-of-way;
(4)
Unreasonably interferes with the ingress into or egress from
any public or private property or place of business;
(5)
Unreasonably interferes with the use of traffic signs, traffic
signals, fire hydrants, police or fire call boxes, utility poles,
mailboxes or other equipment located on or near the public right-of-way;
(6)
Unreasonably interferes with access to and the operation of
Town parking meters; or
(7)
Unreasonably interferes with public access to benches or rest
stops provided along the public right-of-way.
(c) Newsracks shall be placed adjacent to but at least three feet from
curb lines, provided that all newsracks so installed shall face away
from the roadway so as not to provide drive-up access to motorists.
(d) No newsrack shall be placed, installed, located, used or maintained:
(1)
Within 20 feet of any marked crosswalk;
(2)
Within 20 feet of any unmarked crosswalk;
(3)
Within 15 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 or on any public area improved with lawns,
flowers, shrubs, trees or other landscaping;
(6)
Within five feet of the entrance of a bus shelter;
(7)
Within five feet ahead or 15 feet to the rear of any sign marking
a designated bus stop.
[G.O. No. 1750, § I]
No newsrack permit shall be issued unless the newsrack owner
shall have executed and filed with the Town Clerk an indemnification
agreement in a form provided by the Town pursuant to which the newsrack
owner agrees to forever defend, protect, indemnify and save harmless
the Town, its officers, agents and employees from and against any
and all causes of action, injuries, losses, liabilities, damages,
expenses, fees and costs arising out of the location of the newsrack
or the newsrack owner's maintenance of the newsrack.
[G.O. No. 1750, § I]
Any newsrack owner who fails to comply with the provisions of
this chapter shall be liable for a fine of not more than $500 or imprisonment
for a term of not more than 90 days, or both. Each and every day that
a violation of this chapter continues shall be deemed a separate and
distinct offense.
[G.O. No. 1750, § I]
If, as a result of changed conditions (which are not emergent
conditions), the Mayor and Town Council find that it is necessary
and in the public interest to alter the standards, the method of vending
or the prescribed location of any newsrack provided for herein, no
alteration shall be taken until all affected newsrack owners are afforded
due notice and hearing on the nature of said alteration.