[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:
a.
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.
b.
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.
c.
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:
1.
No newsracks shall exceed five feet in height, 30 inches in width
or two feet in depth.
2.
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.
3.
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.
4.
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.
5.
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.
6.
No newsrack shall be placed or maintained on a sidewalk or a parkway
opposite another newsrack.
7.
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.
8.
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.
9.
Each newsrack shall be maintained in a clean, neat condition and
in good repair at all times.
d.
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.
e.
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:
1.
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.
2.
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.
3.
Any picture or illustration depicting explicit sexual acts where
such picture or illustration has as its purposes or effect sexual
arousal, gratification or affront.
4.
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.
f.
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.
g.
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.
h.
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.
[Ord. No. 86-10]
Any person, firm or corporation who shall violate a provision
of this chapter or fail to comply therewith or who shall violate or
fail to comply with any order or regulation made thereunder, shall
severally, for each and every such violation and noncompliance, forfeit
and pay a penalty not to exceed the sum of $1,000 or be imprisoned
in the Union County Jail for a period of not more than 90 days, or
both.
