[HISTORY: Adopted by the Mayor and Council of the Borough
of Spring Lake by Ord. No. 15-1999 (§ 4-7
of the Revised General Ordinances). Amended in its entirety 7-27-2010 by Ord. No. 2010-08. Subsequent amendments noted where applicable.]
The regulation of newspaper distribution boxes, as provided
for in this chapter, is intended to advance the public purposes of
furthering vehicular and pedestrian traffic safety, preventing obstructions
to vehicular and pedestrian traffic, facilitating the maintenance
of public sidewalks and public areas and preventing unsightly and
aesthetically undesirable uses of public sidewalks, public areas and
other areas open to public view, while providing reasonable access
to newspaper distribution boxes.
As used in this chapter, the following terms shall have the
following meanings:
The public walkway along the dedicated beachfront and the
approaches to the boardwalk from Ocean Avenue.
A window used for the display of merchandise.
To place, install, maintain or operate a newspaper distribution
box.
A unit that has assembled together two or more newspaper
distribution boxes in a housing that is supported by one or more pedestals.
The modular newsrack box assembly is then permanently attached to
a sidewalk or concrete pad by bolts or other such fasteners. Newspapers
are distributed by placing such newspapers in the various newspaper
distribution boxes by various newspaper vendors. Two or more newspaper
vendors may distribute newspapers from a modular newsrack box assembly.
Any self-service or coin-operated dispenser installed, used
or maintained within a modular newsrack box assembly ("MNBA") for
the purpose of offering for sale, vending, distributing or giving
away any publication.
Any individual, firm, corporation, partnership, association
or other entity.
Any newspaper, magazine, periodical or similar printed manner.
The Portion Of A Street Improved, Designed Or Ordinarily
Used For Vehicular Travel
The area between the edge of the roadway and the property
line adjacent thereto, including both paved and unpaved areas.
All areas dedicated to public use for public street purposes,
including, but not limited to roadways, alleys and sidewalks.
An area improved with flowers or shrubs that is not protected
by either a manmade barrier, such as a fence, or a natural barrier,
such as a hedge.
No person shall maintain a newspaper distribution box on a sidewalk,
boardwalk, or at an outdoor location visible from a sidewalk, boardwalk,
or roadway except within an MNBA and in accordance with the provisions
of this chapter.
A.
The vending of newsracks by way of newspaper distribution boxes is
only permitted through the use of MNBA units. Only MNBA units shall
be permitted to be installed on the public sidewalks, public property,
and on the exterior of any building on private property in the Borough.
MNBA units shall not be permitted to be placed in residential zones.
No other newspaper distribution boxes, MNBA units, or other such newspaper
vending units shall be permitted to be placed anywhere in the Borough,
except as is provided in this chapter.
B.
The newspaper vendor shall be obligated to purchase at its expense
its own newspaper distribution boxes and also to share in the cost
of the purchase of the MNBA unit with other newspaper vendors sharing
the MNBA unit in question. In the event that the Borough purchases
either the newspaper distribution box and/or the MNBA unit for and
on behalf of a newspaper vendor or vendors, such newspaper vendor
or vendors shall reimburse the Borough for its out-of-pocket expense
for such purchases, wherein each vendor shall pay its proportionate
share of such out-of-pocket expenses. The Borough shall not receive
any additional money above and beyond that which it expended for the
newspaper distribution boxes and/or the MNBA unit. The Borough prefers
that the newspaper vendors purchase the newspaper distribution boxes
and the MNBA units.
C.
Maintenance, repair, and service of each newspaper distribution box
and MNBA unit shall be the obligation of the newspaper vendors respectively.
In the event the Borough expends any moneys for such, the Borough
shall be reimbursed its expenditures by the newspaper vendors who
are obligated to make such expenditures. Prior to the Borough performing
any maintenance, repairs or service to the newspaper distribution
boxes and/or MNBA units, the Borough will take reasonable steps and
efforts to cause the responsible newspaper vendors to perform such
maintenance, repair and/or service.
D.
The style, color, size, material, and design of the newspaper distribution
box and the MNBA unit, as well as its location, shall be determined
by the Borough.
E.
The installation locations of the MBNA units on the public property
or public sidewalks within the Borough shall be selected by the Borough
as described in more detail herein. The newspaper vendors shall be
obligated to arrange for the installation work for each MNBA unit
installed on the public sidewalks or public property, at the newspaper
vendor's own expense.
F.
The MNBA units can accommodate multiple newspaper distribution boxes.
There is no limit on the reasonable number of MNBA units that can
be located in the Borough in compliance with this chapter.
G.
There is no limit to the reasonable number of newspaper distribution
boxes that a particular newspaper vendor can utilize, except that
a newspaper vendor is permitted to have only one newspaper distribution
box per MNBA unit whenever other newspaper vendors wish to utilize
a newspaper distribution box in such MNBA unit. For the purposes of
this chapter, a double newspaper distribution box is considered as
one newspaper distribution box.
H.
There are no time restrictions as to when the public may access the
newsracks to obtain newspapers; that is, such access may occur 24
hours per day, seven days per week, since the MNBA's are not located
in the residential districts.
I.
Any other type of individual freestanding newspaper vending machines,
boxes, newsracks, etc., whether coin-operated or otherwise, are prohibited
in the Borough. Any such prohibited units existing after the adoption
of this chapter (July 27, 2010) shall be removed by the particular
owner of such unit no later than 90 days after the effective date
of this chapter or at an earlier date when such newspaper vendor has
been afforded the opportunity of replacement distribution by utilization
of a newspaper distribution box in an MNBA unit or units from which
to distribute newspapers in accordance with this chapter.
J.
After the adoption of this chapter, newspaper vendors shall take
timely action to comply with the terms of this chapter. A newspaper
vendor may seek, in writing, an extension of the ninety-day removal
time limit, for just cause, stating the newspaper vendor's reasons
why such extension should be granted; provided that such newspaper
vendor had taken timely action to comply with this chapter and its
reasons for noncompliance are due to reasons other than the action
or inactions of the newspaper vendor requesting the extension the
Borough will not unreasonably deny such requests for an extension.
A.
The owner of each newspaper distribution box shall file a completed
registration form for each such box with the Zoning Officer and pay
the applicable inspection fee within one business day of initially
locating or changing the location of any such box within the Borough
of Spring Lake.
B.
In the case of newspaper distribution boxes located within the Borough
as of the effective date of this chapter, the owner of any such box
shall comply with the registration requirements within 30 days of
said effective date.
C.
The registration for each newspaper distribution box shall be valid
for one year from the date of registration. A new registration form
shall be filed on or prior to the expiration of said one-year registration
period.
A.
Registration forms, which shall be provided by the Zoning Officer,
shall require the registrant to state the following:
(1)
The name and address of the owner of the newspaper distribution box.
(2)
The specific location of the newspaper distribution box, which reference
to the position of the box in the MNBA and the street address of the
property in front of which it is located.
(3)
An accurate description of the newspaper distribution box, including
its dimensions and any unique identifying mark, such as its serial
number.
(4)
The name, title and address and telephone number of an individual
responsible for repair and maintenance of the box and to be served
with any notice provided for under this chapter.
(5)
The name, title and address of the individual completing the registration
form, which individual shall be a duly authorized representative of
the owner of the newspaper distribution box. The named individual
shall sign the registration form, which signature shall signify his
or her belief that the information contained therein is accurate.
B.
A separate registration form must be filed for each newspaper distribution
box.
A.
Subject to the provisions of Subsection C below, an MNBA maintained on a sidewalk shall be either:
C.
No person shall place, install, maintain or operated an MNBA at any
of the following locations:
(1)
On or projecting over any portion of a roadway.
(2)
Within six feet of any marked crosswalk as measured along the curbline.
(3)
Within 15 feet of a curb return of any unmarked crosswalk, as measured
along the curbline.
(4)
Within 15 feet of any fire hydrant, fire call box, police call box
or other emergency facility.
(5)
Within six feet of any driveway which provides access to a street.
(6)
Adjacent to the curb at any bus stop, as designated by § 7-25 of the Spring Lake Borough Code, if located so as to obstruct or unreasonably interfere with pedestrian access to buses.
(7)
Except with the owner's written permission, within six feet, as measured
along the building line, of any display window of any building abutting
the sidewalk or at any location which impedes or interferes with the
reasonable use of such window for display purposes or in front of
any other window if it will block in any way the view into or out
of the window.
(8)
Within three feet of any publicly owned, unprotected landscaped area.
(9)
At any location where installation of the MNBA would reduce the clear
space for the passage of pedestrians to less than four feet.
(10)
At any location where the MNBA would unreasonably interfere
with or obstruct the flow of pedestrian or vehicle traffic, the ingress
into or egress from any residence, place of business or any legally
parked or stopped vehicle or at any location where the machine would
endanger the safety of persons or property.
(11)
At any location where the MNBA would unreasonably interfere
with the use of poles, posts, traffic signs, traffic signals, hydrants,
mailboxes or other objects permitted at or near such location.
(12)
Within 1,000 feet of any other MNBA containing the same publication
on the boardwalk.
(13)
Within 500 feet within the same block and on the same side of
a street of any other MNBA containing the same publication on a street
or sidewalk.
(15)
Within 10 feet of any access area from the boardwalk leading
to the beach or within 10 feet of any approach to the boardwalk from
Ocean Avenue if the approach is less than six feet wide.
(16)
No MNBA shall be placed or maintained on a sidewalk or boardwalk
opposite another MNBA.
Every newspaper distribution box and MNBA which is subject to
the provisions of this chapter shall comply with the following standards:
A.
No newspaper distribution box shall be larger than five feet in height,
30 inches in width and two feet in depth.
B.
No MNBA shall be chained, bolted or otherwise attached to any private
or public property without the consent of the owner of such property.
C.
MNBA units shall not be chained or otherwise joined together.
D.
No MNBA shall weigh, in the aggregate, in excess of 125 pounds when
empty.
E.
No box or MNBA shall be used for advertising, signs or publicity
purposes, other than to identify the publication sold or distributed
therein.
F.
Each box and MNBA shall be maintained in a clean, neat and well-painted
condition and in good repair at all times.
G.
The owner of each box shall permanently affix thereto his name, address
and telephone number in a place where such information may be easily
seen.
H.
The owner shall empty and refill the box no less often than each
time its publication is published. Failure to comply with this subsection,
for more than three consecutive publications, shall be deemed an abandonment
of the box and shall result in the owner's forfeiture of the right
to maintain said box at such location for the remainder of the registration
period. Such box shall be removed, by the owner, within three days
of receipt of the notice of abandonment resulting from a violation
of this subsection.
A.
If any newspaper distribution box or MNBA 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 registration
form.
B.
The notice shall state the specific provisions of this chapter which
have not been adhered to and notify the owner that the box 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 or violations within said time period,
then the owner shall take all necessary curative actions prior to
the expiration of said time period.
C.
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.
A.
The police of the Borough of Spring Lake may impound any newspaper
distribution box or MNBA that creates an imminent danger of personal
injury or property damage to pedestrians or vehicles.
B.
Upon impounding any box or MNBA, the police shall make reasonable
efforts to give prompt notice to the owner by telephone, and written
notice of any impoundment shall be sent to the owner of the impounded
box or MNBA within one business day. The owner shall be entitled to
obtain the return of any impounded box from the police upon request
during normal business hours, provided that the box is not being held
as evidence in any criminal proceeding.
Any person who violates any of the provisions of this chapter after having been served with a notice of violation and having failed to correct or eliminate said violation or violations in accordance with § 245-10, shall be subject to the penalties as provided in Chapter I, Article II, General Penalty. Each violation of a separate subsection of this chapter and each violation by a different newspaper distribution box shall constitute a separate offense.
