As used in this chapter, the following terms shall have the
meanings indicated:
NEWSRACKS
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and/or distribution and/or sale of newspapers or news periodicals.
PARKWAY
That area between sidewalks and the curb of any street and,
where there is no sidewalk, that area between the edge of the roadway
and the property line adjacent thereto. A "parkway" shall also include
any area within a roadway which is not public or open to vehicular
travel.
ROADWAY
That portion of a street improved, designed or ordinarily
used for vehicular travel.
SIDEWALK
Any surface provided for the exclusive use of pedestrians.
STREET
All that area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks.
Any newsrack which, in whole or part, rests upon, in or over
any public sidewalk or parkway shall comply with the following standards:
Within thirty (30) days after this chapter becomes effective, every person or other entity which places or maintains a newsrack on the streets of the Borough of Somerville shall have his or its name, address and telephone number of the circulation director of the newspaper or news periodical affixed thereto in a place where such information may be easily seen. The applicant shall present evidence of compliance with this section when application is made to the Director of Public Works under §
113-3 hereof.
The provisions of this chapter shall apply to all newsracks,
whether installed and maintained prior to or after the effective date
of any of the provisions herein. Those newsracks installed prior to
the effective date of any provision enacted hereunder shall be brought
into compliance with said provisions within thirty (30) days of the
effective date thereof. Any newsrack not brought into compliance within
the aforementioned time period shall be deemed to be in violation
of this chapter.
Notwithstanding the provisions of §
113-6 of this chapter, whenever the owner of a newsrack placed in the Borough of Somerville is in violation of this chapter or in any section thereon, that person or entity, if convicted of such offense, should be punished by a fine not to exceed five hundred dollars ($500).
Each coin-operated newsrack shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate
refund in the event that the newsrack door does not open. The coin-return
mechanism shall be maintained in good working order.