[Prior code § 28-1; amended by Ord. 98-14 § 2, 1998]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm or corporation responsible for placing,
locating, installing or maintaining a newsrack in a public place in
the Borough of Ship Bottom.
That surface, whether or not improved, over and by which
ingress and egress are made into private or public property by vehicles.
Any newspaper, periodical or magazine of general circulation
as defined by general law; any newspaper, periodical or magazine duly
entered with the Postal Service of the United States in accordance
with federal statute or regulation; and any newspaper, periodical
or magazine filed and recorded with any recording officer as required
by general law.
Any machine, vending machine, rack, self-service or coin-operated
box, container, storage unit or other dispenser used and maintained
for the sale and distribution of newspapers, news periodicals, news
magazines and any other similar publications.
That portion of any street improved, designed or ordinarily
used for vehicular traffic.
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the property
line adjacent to such street or, if there is no curb, the area between
the edge of the street and the property line adjacent to such street,
and the "sidewalk" shall include the public right-of-way along such
street or sidewalk.
All that area dedicated to public use for public street purposes,
and includes but is not limited to roadways, parkways, alleys and
sidewalks.
[Prior code § 28-2; amended by Ord. 98-14 § 2, 1998]
A.
Any distributor having a newsrack which is already located or installed
on any public sidewalk or public right-of-way within the Borough on
the effective date of this chapter shall, within 30 days of the effective
date of this chapter, notify the code enforcement officer, in writing,
of the location and placement of each such newsrack. Such notice shall
include:
1.
The precise location of each such newsrack;
2.
The name, address and telephone number of the distributor; and
3.
A certification by the distributor that the location, installation
and maintenance of such newsrack conforms to and will continue to
conform to the Municipal Code of the Borough of Ship Bottom and that
such distributor assumes the unconditional obligations for any legal
liability occasioned by such installation and maintenance and that
such distributor agrees to indemnify and hold harmless the Borough,
its servants, agents and employees for any and all claims arising
out of such distributor's installation, use or maintenance of
such newsrack.
B.
From and after the effective date of this chapter, any distributor who shall locate or install a newsrack which rests in whole or in part on any public sidewalk or public right-of-way within the Borough shall, within 10 days of the date of such installation, provide to the code enforcement officer the written notice as set forth in Subsection A of this section.
[Prior code § 28-3; amended by Ord. 98-14 § 2, 1998]
Any newsrack which in whole or in part rests upon or over any
public sidewalk or public right-of-way shall comply with the following
standards:
A.
No newsrack shall exceed 50 inches in height, 24 inches in width
or 20 inches in depth.
B.
No newsrack shall be used for advertising signs or publicity purposes
other than those dealing with the display, sale or purchase of the
newspaper sold in such newsrack.
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
that he or she is unable to receive the newspaper paid for. The coin-return
mechanism shall at all times be maintained in good working order.
D.
Each newsrack shall have affixed to it in a readily visible location
a notice setting forth the name and address of the distributor and
a telephone number which persons may call to report a malfunction
or to secure a refund in the event of a malfunction of the coin-return
mechanism or to give the notices provided for in this chapter.
E.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. In particular, each newsrack shall be
maintained so that:
1.
It is reasonably free of loose, chipped, peeling or cracked paint
on the exterior surfaces;
2.
It is reasonably free of rust and corrosion on the exterior surfaces;
3.
The clear plastic or glass parts, if any, are not broken or cracked
so as to create danger to users;
4.
Structural parts are not broken, cracked or otherwise in a condition
which might render them dangerous to users.
[Prior code § 28-4; amended by Ord. 98-14 § 2, 1998]
A.
Any newsrack which rests in whole or in part upon or on any portion
of a public sidewalk or public right-of-way or which projects onto,
into or over any part of a public right-of-way shall be located in
accordance with the provisions of this section.
B.
No newsrack shall be 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.
C.
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 pedestrian or
vehicular traffic, including any legally parked or stopped vehicle;
3.
Unreasonably interferes with the ingress to or egress from any residence
or place of business;
4.
Unreasonably interferes with passengers boarding or exiting from
buses at designated bus stops;
5.
Unreasonably interferes with the use of traffic signs or signals,
fire hydrants or mailboxes located or permitted at or near such location.
D.
Newsracks shall be chained, bolted or otherwise secured so as to
prevent their being blown or knocked down or otherwise moved onto
or around the public right-of-way; provided, however, that no newsrack
shall be chained, bolted or otherwise secured to any traffic or street
sign, signals or poles without obtaining the permission of the code
enforcement officer.
E.
Newsracks may be placed next to each other in groups at the same
location, provided that no group of newsracks shall extend for a distance
of more than six feet along a curb, and provided further that there
shall be a minimum of 20 feet between any such group of newsracks
and any other newsrack or group of newsracks. This subsection shall
not apply to newsracks which were placed or installed on or before
September 9, 1998.
F.
No newsrack shall be placed, installed, used or maintained:
[Prior code § 28-5; amended by Ord. 98-14 § 2, 1998]
A.
If the code enforcement officer shall determine that a newsrack does not comply with the provisions of this chapter, including the requirement to provide the notification required by Section 12.16.020 of this chapter, then the code enforcement officer shall mail a written notice to the distributor of such newsrack, by certified mail, return receipt requested, stating the specific reasons why such newsrack does not comply with the provisions of this chapter.
B.
If a distributor fails to adjust, correct, register or otherwise
cause such newsrack to be brought into compliance with the provisions
of this chapter within 10 days of the date the written notice of noncompliance
is mailed by the code enforcement officer, then such distributor shall
be deemed to be in violation of this chapter.
[Prior code § 28-6; amended by Ord. 98-14 § 2, 1998]
A.
Any distributor who, following written notice as set forth in Section 12.16.050 of this chapter, fails to comply with the provisions of this chapter shall, upon conviction in municipal court, be subject to a fine not to exceed $100. Each day for which a distributor fails to comply with the provisions of this chapter shall constitute a separate violation.
B.
If a distributor is convicted of a violation of this chapter by the
municipal court and if such distributor thereafter refuses to remedy
or correct such violation within 20 days of the date of such conviction
or, in the event of a direct appeal, within 20 days of the date upon
which such conviction becomes final, then the code enforcement officer
of the Borough shall be empowered to remove the newsrack, which was
the basis for such conviction, from the public sidewalk or public
right-of-way and return such newsrack to the distributor identified
on the newsrack.
