Township of Scotch Plains, NJ Newsrack Regulations

[Ord. No. 86-10]

Newspaper vending machines, hereinafter referred to as "newsracks," may be maintained in the Township of Scotch Plains, subject to the following:

No person, firm or corporation shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street or which rests wholly or in part upon or along any portion of a roadway.

No person shall install, use or maintain any newsrack which in whole or part rests upon, in or over any sidewalk or public right-of-way when such installation use or maintenance endangers the safety of persons or property, or when such sight or location is used for public utility purposes, plus transportation purposes or other government use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

Any newsrack which in whole or in part rests upon, in or over any sidewalk or public right-of-way shall comply with the following standards:

No newsracks shall exceed five feet in height, 30 inches in width or two feet in depth.

Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. Newsracks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb.

No newsracks shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object.

Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.

No newsrack, or group of attached newsracks allowed under paragraph c, 4 hereof, shall weight, in the aggregate, in excess of 125 pounds when empty.

No newsrack shall be placed or maintained on a sidewalk or a parkway opposite another newsrack.

No newsrack shall be placed, installed, used or maintained:

(a)

Within four feet of any marked crosswalk.

(b)

Within 15 feet of the curb return of any unmarked crosswalk.

(c)

Within four feet of any fire hydrant, fire call box, police call box or other emergency facility.

(d)

Within four feet of any driveway.

(e)

Within four feet ahead of, and 15 feet to the rear of, any sign marking a designated bus stop.

(f)

Within four feet of any bus bench.

(g)

At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.

(h)

Within four feet of any area improved with lawn, flowers, shrubs or trees or within four feet of any display window of any building abutting the sidewalk or public right-of-way or in such manner as to impede or interfere with the reasonable use of such window for display purpose.

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 news periodicals sold herein.

Each newsrack shall be maintained in a clean, neat condition and in good repair at all times.

Every person who places or maintains a newsrack on the streets of the Township shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.

Publications offered for sale from a newsrack placed or maintained or projecting over a public sidewalk shall not be displayed or exhibited in a manner which exposes to public street or sidewalk any of the following:

Any statements or words describing explicit sexual acts, sexual organs or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront.

Any picture or illustration of genitals, pubic hair, perineums, anuses or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.

Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purposes or effect sexual arousal, gratification or affront.

As used in this section the following words shall have the meanings indicated:

"Explicit sexual acts" shall mean depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, whether any of the above is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals or other act of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region.

Any person, firm or corporation maintaining a newsrack in the Township of Scotch Plains shall, within 15 days after beginning said maintenance, register his name, address, phone number and location(s) of the newsrack(s) maintained in the Township and shall pay an annual fee of $25 for one rack and $10 for each additional rack to defray the costs to the Township for registration and inspection of said racks; For every subsequent year, the owner shall pay the annual fee as aforesaid by January 10 of that year. The owner shall at all times promptly notify the Township Clerk of any changes in the registration information.

Any newsrack maintained in the Township which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergent situation by a public officer, firefighter, ambulance corps member or medic, or interferes with the safe use of the public streets and sidewalks, may be summarily relocated by a public officer of the Township to the nearest location not presenting said hazard. Any such relocation shall be reported as soon as reasonably possible to the Township Clerk, who shall thereafter notify the registered owner of the newsrack as soon as possible of the new location. The owner may thereafter relocate the newsrack to any location not presenting a hazard and otherwise comply with the terms of this chapter.

Except as to events covered under paragraph g of this subsection, upon a violation of the terms of this section, the owner shall be sent a summons setting forth the nature of the violation, the fine for same and providing for a hearing within 30 days from the date of issuance of the summons. Any violation must be cured within a period of 30 days from the date of issuance of the summons, or if a hearing has been held or requested, at the direction of the hearing officer. If any violation is not so cured, the owner shall be notified of the Township's intent to remove the rack ten days after issuance of the notice. Said notice shall set forth that a hearing must be requested within ten days to prevent removal and setting forth the location where the rack may be reclaimed after removal. At the expiration of ten days, if no hearing has been required, the rack may be seized by a public officer of the Township and held for a period of six months. The owner may reclaim the rack upon payment of a fee of $25, or, if a hearing is subsequently requested, upon terms set by the hearing officer. Any rack not reclaimed at the expiration of six months shall be destroyed and any money therein returned to the owner.