As used in this chapter, the following terms shall have the
meanings indicated:
DISTRIBUTOR
Any person, firm or corporation responsible for placing,
locating, installing or maintaining a newsrack in a public place in
the City of South Amboy.
DRIVEWAY
That surface, whether or not improved, over and by which
ingress and egress are made into private or public property by vehicles.
NEWSPAPER
Any newspaper, periodical or magazine of general circulation
as defined by general law; any newspaper, periodical or magazine duly
entered with the Post Office Department 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.
NEWSRACK
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 newspaper, news periodicals, news
magazines and any similar publications.
ROADWAY
That portion of any street improved, designed or ordinarily
used for vehicular traffic.
SIDEWALK
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the property
line adjacent thereto or, if there is no curb, the area between the
edge of the street and the property line adjacent thereto, and the
"sidewalk" shall include the public right-of-way along such street
or sidewalk.
STREET
All that area dedicated to public use for public street purposes
and includes, but is not limited to, roadways, parkways, alleys and
sidewalks.
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 60 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 therein.
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 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 thereof.
(2) It is reasonably free of rust and corrosion on the exterior surfaces
thereof.
(3) The clear plastic or glass parts thereof, if any, are not broken
or cracked so as to create danger to users thereof.
(4) Structural parts are not broken, cracked or otherwise in a condition
which might render them dangerous to users thereof.
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate on any public street or sidewalk,
or in any other public way or place in the City of South Amboy, any
newsrack without first having obtained a permit from the City Clerk
specifying the exact location of such newsrack or newsracks. One permit
shall be issued to include any number of newsracks and shall be signed
by the applicant.
Application for such permit shall be made, in writing, to the
City Clerk and, if such application substantially conforms with all
other sections of this chapter, it shall be approved by the Mayor
and Council upon such form as shall be provided by them and shall
contain the name and address of the applicant and the proposed specific
location of said newsrack or newsracks and shall be signed by the
applicant.