Borough of Avon-by-the-Sea, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 5-29-01 by Ord. No. 6-2001. Amendments noted where applicable.]
The regulation of newspaper distribution boxes, as provided 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, insuring the safety of the public, and preventing unsightly and aesthetically undesirable uses of public sidewalks, public areas and other areas open to public view, while providing reasonable access to newspaper distribution boxes (dispensing machines).
BOARDWALK
An elevated public right-of-way located along the beach or ocean front constructed of wood boards and supported by wood piles used for the purpose of pedestrian traffic to promenade along the beach front and as access to the beach, public rest areas, commercial establishments and such other buildings as may be constructed along or on such boardwalk. The definition of boardwalk shall include access ramps and stairs.
DISTRIBUTOR/PERMIT HOLDER
The person, firm or corporation or other entity responsible for placing and maintaining a newspaper distribution box in any location in the Borough of Avon-by-the-Sea.
NEWSPAPER DISTRIBUTION BOX (MACHINE) OR NEWSRACK
Any self-service or coin operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers, advertising or other news periodicals. The terms newsrack, newspaper distribution box or newspaper distribution machine shall be considered interchangeable.
OCEAN AVENUE WALKWAY
That walkway located along the westerly side of the boardwalk located between the bulkhead, access ramps and the easterly edge of Ocean Avenue.
It shall be unlawful for any person, firm, corporation or other entity to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place in the Borough of Avon-by-the-Sea, any newspaper distribution box (machine) without first having obtained a permit from the Borough Clerk/Administrator.
[Added 10-27-03 by Ord. No. 13-2003]
No vending machines, including ice machines, shall be placed, installed, used or maintained out of doors on any right-of-way, public area or public walkway.
Application for a permit shall be made, in writing, to the Borough Clerk/Administrator upon such form as shall be provided, and shall contain the name and address of the applicant, the proposed location of the said news box, such other information as may be required in the discretion of the Borough Clerk/Administrator, and shall be signed by the applicant or its designated representative.
A. 
As an express condition of the acceptance of such permit, the permit holder thereby agrees to indemnify and save and hold harmless the Borough of Avon-by-the-Sea, its commissioners, officers, directors and employees against any loss or liability or damage, including expenses, counsel fees, costs for bodily or personal injury, and for property damage sustained by any person, or corporation, as the result of the installation, use or maintenance of a newsrack within the Borough. The fact or assertion that the permit holder was in complete compliance with this chapter shall not invalidate this express.
B. 
Permits shall be issued for the installation of a newsrack without prior inspection of the site; however, the issuance of a permit, or permits, is expressly conditioned upon compliance with all provisions of this chapter and in compliance with all other ordinances, statutes, rules and regulations lawfully promulgated. Permits shall be issued within ten (10) business days of submission of an application in compliance with all requirements. The permit fee shall be twenty-five dollars ($25) for the first machine and twenty dollars ($20) for each additional machine included in the application.
C. 
Permits shall be valid for the calendar year in which the permit is issued and shall be renewable pursuant to submission of a new application and compliance with this chapter and payment of the required fees.
All newsracks must comply with the following standards:
A. 
No newsracks shall exceed fifty (50) inches in height, thirty-two (32) inches in width, or twenty-four (24) inches in depth.
B. 
No newsrack shall be used for advertising signs or publicity purposes other than dealing with the display, sale, or purchase of the newspapers or news periodical sold therein.
C. 
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 publication paid for. The coin-return mechanisms shall be maintained in good working order.
D. 
Each newsrack shall have affixed to it 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 distributor and the telephone of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the machine.
E. 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limitation, each newsrack shall be serviced and maintained so that:
(1) 
It is reasonably free of dirt and grease.
(2) 
It is reasonably free of rust and corrosion in the metal areas thereon.
(3) 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereon.
(4) 
The clear plastic or glass parts thereof, if any, through which the publication therein is viewed, must be unbroken and reasonably free of cracks, dents, blemishes and discoloration.
(5) 
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.
(6) 
The structural parts thereof are not broken or unduly misshaped.
(7) 
The newsrack must be in good operating condition.
(8) 
The newsracks may be secured to one another, but may not be secured to any pole, fence, railing or other structure not belonging to the permit holder.
F. 
In the event any newsrack is not in compliance with any of the standards or requirements herein and remains in such noncompliance for a period of thirty (30) days, then the Borough may seize the machine and dispose of it in any manner deemed appropriate in the discretion of appropriate Borough officials. Said disposal may be made without notice to the owner of the machine and without liability to the official taking said action.
A. 
Newsracks may only be located along Ocean Avenue and along Main Street and along no other streets, roads, avenues, alleyways, lanes or other passageways in the Borough of Avon-by-the-Sea.
B. 
No newsrack shall be used, located 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, lane, avenue or other passageway.
C. 
No newsrack shall be permitted to rest upon, in or over any public sidewalk or walkway, when such installation, use or maintenance endangers the safety of persons or property, or when such location is used for other public purposes or governmental uses, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, or otherwise interferes with ingress or egress from a residence, commercial, public or other structure, or interferes with any other lawful public purpose or structure.
[Added 4-9-18 by Ord. No. 4-2018]
A. 
The vending of newspapers, periodicals and other publications is only permitted on the on the public sidewalk located in the front exterior of the Post Office building. No other newspaper and publication distribution boxes and/or other vending units shall be permitted to be placed anywhere in the Borough, except as provided in this chapter.
B. 
Newspapers and publications distributed for-sale shall utilize a coin-operated free-standing newspaper or publication vending box. All other newspapers and publications distributed for free shall be distributed in an MNBA unit provided by the Borough. No other manner of distribution shall be permitted.
C. 
The newspaper and publication vendor of for-sale publications shall provide at its own cost and expense the newspaper vending box. Vendors of free newspapers and publications sharing the MNBA unit shall reimburse the Borough for its out-of-pocket expense for such purchase of the MNBA unit, wherein each vendor shall pay its proportionate share of such out-of-pocket expenses.
D. 
Maintenance, repair and service of the MNBA unit shall be the obligation of the newspaper and publication vendors using the unit. In the event the Borough expends any moneys for such, the Borough shall be reimbursed its expenditures by the newspaper and publication vendors who are obligated to make such expenditures. Prior to the Borough performing any maintenance, repairs or service to the MNBA unit, the Borough will take reasonable steps and efforts to cause the responsible newspaper vendors to perform such maintenance, repair and/or service.
E. 
A newspaper and publication vendor of for-sale publications is permitted to have only one newspaper vending box. Vendors of free newspapers and publications are limited to one box in the MNBA unit whenever other newspaper and publication vendors wish to utilize a box in the unit.
F. 
Any other type of individual freestanding newspaper or publication vending boxes, news racks, etc., whether coin-operated or otherwise, is prohibited. Any such prohibited units existing after the adoption of this chapter shall be removed by the particular owner of such unit no later than thirty (30) days after the effective date of this chapter.
G. 
Nothing contained herein shall prohibit a property owner and/or business located on Main Street from installing on the exterior wall of the business a single wall-mounted information box for distribution of publications associated with the business.
[Added 4-9-18 by Ord. No. 4-2018]
MODULAR NEWS RACK BOX ASSEMBLY ("MNBA")
A unit that has assembled together two or more news rack boxes in a housing for distribution of free newspapers and publications. Newspapers and publications are distributed by placing such newspapers in the box by the vendor.
NEWSPAPER VENDING BOX
A coin-operated unit made of galvanized steel with a windowed door on its front for the purpose of viewing inside and to gain access to the newspaper or publication. Each unit must have a coin recovery slot. The unit shall not exceed 20 inches wide x 50 inches high x 17 inches deep.
NEWSPAPER VENDOR
Any person or other legal entity distributing publications by the use of newspaper distribution box or MNBA who has registered with the Borough.
WALL MOUNTED INFORMATION BOX
A unit enclosed with a windowed front and moisture proof lid mounted to the wall. The unit shall not exceed 12 inches wide x 15 inches high x 7 inches deep.
[Added 4-9-18 by Ord. No. 4-2018]
A. 
The owner of each newspaper vending box and each MNBA box shall file a completed registration form for each such box with the Borough Clerk and pay the applicable inspection fee upon submission of the registration form.
B. 
Registration forms shall require the registrant to state the following:
(1) 
The name and address of the owner of the newspaper vending box and/or vendor of the MNBA box.
(2) 
The name, title and address and telephone number of an individual responsible for repair and maintenance of the newspaper vending box and/or MNBA box and to be served with any notice provided for under this chapter.
(3) 
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 vending box and/or MNBA box. The named individual shall sign the registration form, which signature shall signify his or her belief that the information contained therein is accurate.
C. 
The registration for each newspaper vending box and MNBA unit 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.
D. 
At the time of filing any registration form and renewal, the registrant shall pay the fee of twenty dollars ($20) per box.
[Added 4-9-18 by Ord. No. 4-2018]
A. 
No newspaper vending box shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or publication vended.
B. 
Each coin-operated newspaper vending box 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 or publication paid for. The coin-return mechanism shall be maintained in good working order.
C. 
Each newspaper vending box shall have affixed to it in a readily visible place a notice setting forth the name and address of the distributor and telephone number to call to report a malfunction or to secure a refund in the event of a malfunction of the coin-return mechanism.
D. 
Each newspaper vending box 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 box shall be serviced and maintained so that:
(1) 
It is reasonably free of dirt and grease.
(2) 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.(3) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
(3) 
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration.
(4) 
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.
(5) 
The structural parts thereof are not broken or unduly misshapen.
[Added 4-9-18 by Ord. No. 4-2018]
A. 
Any person who violates any of the provisions of this chapter shall be subject to a fine not to exceed two hundred fifty dollars ($250). Each violation of a separate subsection of this chapter and each violation by a different vending distribution box and/or MNBA unit shall constitute a separate offense.
For any and every violation of this chapter, the violator shall be subject to a fine of not more than one thousand dollars ($1,000) or for imprisonment of a term not to exceed ninety (90) days, or both, at the discretion of the court having jurisdiction in this matter. Each and every day that a violation continues shall be deemed a separate offense.