[HISTORY: 1984 Code §§ 95-1—95-9 as
amended through December 31, 2016. Amendments noted where applicable.]
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 City of South Amboy.
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 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.
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.
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 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.
All that area dedicated to public use for public street purposes
and includes, but is not limited to, roadways, parkways, alleys and
sidewalks.
A.
Any distributor having a newsrack which is already located or installed
on any public sidewalk or public right-of-way within the City of South
Amboy on the effective date of this chapter shall, within 30 days
of the effective date of this chapter, notify the Code Enforcement
Official, 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.
(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 City of South Amboy and that
said distributor assumes the unconditional obligations for any legal
liability occasioned by such installation and maintenance and that
said distribution agrees to indemnify and hold harmless the City of
South Amboy, its servants, agents and employees for any and all claims
arising out of said 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 City of South Amboy shall, within 10 days of the date of such installation, provide to the Code Enforcement Official the written notice as set forth in Subsection A of this section.
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.
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 said 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 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
Official.
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
May 8, 1989.
F.
No newsrack shall be placed, installed, used or maintained:
A.
If the Code Enforcement Official shall determine that a newsrack does not comply with the provisions of this chapter, including the requirement to provide the notification required by Section 95-2 of this chapter, then the Code Enforcement Official 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 Official, then such distributor
shall be deemed to be in violation of this chapter.
A.
Any distributor who, following written notice as set forth in Section 95-5 of this chapter, fails to comply with the provisions of this chapter shall, upon conviction therefor 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 hereunder.
B.
If a distributor is convicted of a violation by this chapter by the
Municipal Court and if such distributor thereafter refuses to remedy
or correct said violation within 20 days of the date of said conviction
or, in the event of a direct appeal, within 20 days of the date upon
which said conviction shall become final, then the Code Enforcement
Official of the City of South Amboy 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.
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.
A.
Permits may not be issued for the installation of a newsrack or newsracks
without prior inspection of the location by the Code Enforcement Official.
Such newsrack or newsracks and the installation, use or maintenance
thereof shall be conditioned upon observance of the provisions of
this chapter. An initial permit fee of $20 per newsrack is required.
The proceeds from such fees shall be used to defray the administrative
and processing costs of such permits and the inspection of newsracks
by the city.
B.
Such permits shall be valid for a period of one year, beginning July 1 and expiring on June 30 of the following year, and shall be renewable pursuant to the procedure for original applications referred to in Section 95-8 with a reduced annual fee of $5 per newsrack.
C.
No permit shall be issued or continued in operation unless the applicant
and any other persons, organizations, firms or corporations on whose
behalf the application is made, by filing such application, do represent,
stipulate, contract and agree that they will jointly and severally
defend, indemnify and hold the city harmless against liability for
any and all claims for damage to property, or injury to or death of
persons, arising out of or resulting from the issuance of the permit
or the control, maintenance or ownership of the newsracks permitted.
