[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).
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.
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.
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.
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]
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.
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.
Any person or other legal entity distributing publications
by the use of newspaper distribution box or MNBA who has registered
with the Borough.
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.
