[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 8-26-97 as Ord. No. 97-18; amended in its entirety 5-25-99 by Ord. No. 99-13. Subsequent amendments noted where applicable.]
Editor's Note: Former Chapter 89, Meat Packaging and Labeling previously codified herein and containing portions of Ordinance No. 6-24-69 was repealed in its entirety 8-23-94 by Ord. No. 94-27.
Newsracks placed in public rights-of-way can impair the safety and welfare of persons using such rights-of-way including pedestrians, persons entering and leaving vehicles and buildings and persons performing essential utility, traffic control, and emergency services.
The provisions of this chapter regarding requests for and placement of newsracks are in pursuance of and for the purpose of securing and promoting the public safety and general welfare of persons in the Town of Secaucus in their use of public rights-of-way.
As used in this chapter, the following terms shall have the meanings indicated:
- Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other periodicals.
- That area between the sidewalk and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.
- That portion of a street improved, designed or ordinarily used for vehicular travel.
- Any surface provided for the exclusive use of pedestrians.
- All that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys and sidewalks.
- TOWN POLICE DEPARTMENT
- Shall include the Chief or his designee.
Requests for the placement of newsracks shall be made in writing to the Town Police Department upon such form as shall be provided by it, and shall contain the name and address of the requestor, the proposed specific location of said newsrack, and shall be signed by the requestor.
Requests shall be granted within 36 hours after requests have been filed, provided that such request complies with the provisions of this chapter. Requestor shall be responsible for the payment of a $10 fee for the processing of his request.
Any newsrack which in whole or in part rests upon, in or over any public street, roadway, sidewalk or parkway, shall comply with the following standards:
No newsrack shall exceed five feet in height, 30 inches in width, or two feet in depth.
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or periodical sold therein.
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 number of a working telephone service to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return merchandise.
Each newsrack 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 newsrack shall be serviced and maintained so that:
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
It is reasonably free of rust and corrosion, in the visible unpainted metal areas thereon;
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;
The paper or cardboard parts of inserts thereof, if any, are reasonably free of tears, peeling or fading;
The structural parts thereof are not broken or unduly misshapen.
Any newsrack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into or over any part of a parkway, roadway, sidewalk or street shall be located in accordance with the provisions of this section:
No newsrack shall be installed, used 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.
No newsrack shall be installed, used or maintained upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business or the use of poles, posts, traffic signs, signals, hydrants, mailboxes or other objects permitted at or near said location.
No newsrack shall be chained, bolted or anchored to the ground or otherwise attached to any fixture located in the roadway, parkway, sidewalk or street except to other newsracks.
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight feet along a curb and a space of not less than three feet shall separate each group of newsracks.
No newsrack shall be placed, installed, used or maintained:
Within three feet of any marked crosswalk;
Within 12 feet of the curb return of any unmarked crosswalk;
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
Within five feet of any driveway;
Within three feet ahead or 15 feet to the rear of any sign marking or designated bus stop;
Within three feet of the outer end of any bus bench;
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
Any newsrack maintained in the Town which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergency situation by a public officer, fire-fighter, ambulance corps or medic may be summarily relocated by a public officer of the Town to the nearest location not presenting said hazard. Any such relocation shall be reported as soon as reasonably possible to the Police Department, who shall thereafter notify the registered owner of the newsrack as soon as possible of the new location. The owner may thereafter locate the newsrack to any location not presenting a hazard and otherwise comply with the terms of this chapter.
If any newsrack 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 application.
The notice shall state the specific provisions of this chapter which have not been adhered to and notify the owner that the newsrack must either be removed or brought into compliance with the specified provisions of this chapter within seven business days. If the owner elects to cure the specified violation(s) within said time period, then the owner shall take all necessary curative actions prior to the expiration of said time period. Failure of the owner to remove the newsrack, if required, shall give the town the right to conduct a hearing upon five days notice by the Town.
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 violation, 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.
If the Town police are required to remove the newsrack determined to be in violation of this chapter, after the hearing, there shall be a penalty of $100 per newsrack.