[Ord. No. 2018-12]
(a)
Special permit required. It shall be unlawful for any distributor
to erect, place, maintain or operate on any street or sidewalk or
in any other public way or place in the municipality any newspaper
vending machine without first having obtained a special permit from
the municipal clerk, approved by the Mayor and Council in accordance
with the standards and time period set forth below.
(b)
Application for special permit.
(1)
Any distributor who desires to install and maintain a newspaper
vending machine on public property along the streets and sidewalks
within the municipality shall make an application for a permit, in
writing, to the municipal clerk on such forms as shall be provided
by the office of the municipal clerk. Said application shall specify:
the name, address and telephone number of the applicant; the proposed
specific location of the newspaper vending machine(s); the location
of any existing newspaper vending machines within the municipality
belonging to said applicant, including the date each was installed;
and shall be signed by the applicant or the applicant's authorized
representative.
(2)
Any distributor having a newspaper vending machine which is
already located or installed in whole or in part on any public sidewalk
or public right-of-way within the municipality on the effective date
of this Section shall, within 30 days from the effective date hereof,
file an application for a special permit, unless said distributor
has already obtained similar approval from the Mayor and Council for
the installation and use of a newspaper vending machine at a specified
location in the municipality.
(3)
Each distributor shall have a duty to promptly notify the municipal
clerk of any changes in the information provided in its application.
(c)
Standards for issuance of permit. The Mayor and Council shall issue
a special permit if the proposed location and character of the newspaper
vending machine complies with the requirements of Sections 19-2.2
and 19-2.3.
(d)
Time to act on application; statement of reasons.
(1)
The Mayor and Council shall either grant or deny an application
for a special permit to install and maintain a newspaper vending machine
at the location specified in the application at a regular meeting
held no later than 30 days from receipt of a completed application
by the municipal clerk. At that meeting the Mayor and Council shall
state with particularity the reasons for its decision to grant or
deny the application, including, in the case of a denial, the specific
provisions of Sections 19-2.2 and 19-2.3 which the application fails
to meet.
(2)
The Mayor and Council shall grant or deny applications for a
special permit in the order from which a completed application is
received by the municipal clerk.
(e)
Fees. A permit fee in the amount of $25 for the first newspaper vending
machine installed by a distributor and $10 for each additional newspaper
vending machine shall be paid upon submission of an application for
a special permit. No application shall be deemed complete unless it
is accompanied by the required permit fee.
(f)
Annual renewal. Any permit issued hereunder shall be valid for a
period of one year from the date of issuance thereof and shall be
renewable upon the payment of an annual fee in the amount of $25,
which shall be accompanied by written confirmation that the location
of the newspaper vending machine has not been changed.
[Ord. No. 2018-12]
Any newspaper vending machine which in whole or in part rests
upon, in or over any public sidewalk or public right-of-way or which
projects onto, into or over any part of a public right-of-way within
the municipality shall comply with the following standards:
(a)
No newspaper vending machine shall exceed 60 inches in height, 24
inches in width or 20 inches in depth.
(b)
No newspaper vending machine shall be used for commercial advertising
or commercial publicity purposes other than to display, promote or
advertise the sale of the newspaper, news periodical or magazine sold
therein.
(c)
Each newspaper vending machine 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 or she is unable to receive the publication
paid for. The coin-return mechanism shall at all times be maintained
in good working order.
(d)
Each newspaper vending machine shall have affixed thereto, in a readily
visible place so as to be seen by anyone using the newspaper vending
machine, a notice setting forth the name and address of the distributor
and the telephone number of a working telephone service to 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
Section 19-2.5.
(e)
Each newspaper vending machine shall be maintained in a neat and
clean condition and in good repair at all times. Specifically, but
without limiting the generality of the foregoing, each newspaper vending
machine shall be serviced and maintained so that:
(1)
It is reasonably free of loose, chipped peeling and cracked
paint in the visible painted areas thereof;
(2)
It is reasonably free of rust and corrosion, in the visible
metal areas thereon;
(3)
The clear plastic or glass parts thereof, if any, through which
the publications therein are viewed, are not broken and reasonably
free of cracks, dents blemishes and discoloration;
(4)
The paper or cardboard parts or inserts thereof, if any, are
reasonably free of tears, peelings, or fading; and
(5)
The structural parts thereof are not broken, cracked or otherwise
dangerous to users thereof.
[Ord. No. 2018-12]
Any newspaper vending machine which rests in whole or in part
upon or on any portion of a public sidewalk or public right-of-way
or which project onto, into or over any part of a public right-of-way
shall be located in accordance with the provisions of this Section:
(a)
No newspaper vending machine 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.
(b)
No newspaper vending machine 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 pedestrians
along the public sidewalk or public right-of-way;
(3)
Unreasonably interferes with or impedes the flow of vehicular
traffic, including any legally parked or stopped vehicle, along the
public roadway;
(4)
Unreasonably interferes with the ingress into or egress from
any public or private property or place of business;
(5)
Unreasonably interferes with the use of traffic signs, traffic
signals, fire hydrants, police or fire call boxes, utility poles,
mailboxes or other equipment located on or near the public roadway,
public sidewalk or the public right-of-way;
(6)
Unreasonably interferes with access to and the operation of
municipal parking meters; or
(7)
Unreasonably interferes with public access to benches or rest
stops provided along the public right-of-way.
(c)
Newspaper vending machines shall be bolted, weighted or otherwise
secured so as to prevent their unauthorized removal or their accidental
movement within the public sidewalk or public right-of-way, provided
that such machines shall not be chained and/or secured to trees, signs,
public property or public sidewalks.
(d)
Newspaper vending machines must be placed next to each other and
grouped; provided that no group of newspaper vending machines shall
extend for a distance of more than four feet along a curb. A "group"
shall mean up to two machines and separated from any other group by
a distance of at least 20 feet. A "group" of machines shall be aligned
in a manner as to provide a uniform grouping and the minimization
of incursions into the public right-of-way.
(e)
Newspaper vending machines shall be placed adjacent to a curb line;
provided that all newspaper vending machines so installed shall face
away from the roadway so as not to provide drive-up access to motorists.
(f)
No newspaper vending machine shall be placed, installed, located,
used or maintained:
(1)
Within three feet of any marked crosswalk;
(2)
Within 12 feet of a curb return of any unmarked crosswalk;
(3)
Within five feet of any fire hydrant, fire call box, police
call box or other emergency facility or equipment;
(4)
Within five feet of any driveway;
(5)
Within three feet of or on any public area, improved with lawn,
flowers, shrubs, trees, or other landscaping other than that strip
of the public easement between the curb and sidewalk;
(6)
Within five feet of a "No Stopping - No Standing" zone;
(7)
Within three feet of the entrance of a bus shelter; or
(8)
Within a designated and properly marked bus stop, except that
newspaper vending machines may be located within the first five feet
of the designated bus stop measured from the near side point of the
designated bus stop, and within the last five feet along the designated
bus stop, measured from the far side point of the designated bus stop;
provided, however, that such newspaper vending machines do not unreasonably
interfere with the loading and unloading of passengers.
[Ord. No. 2018-12]
(a)
The municipal clerk is empowered with the responsibility and authority
of enforcing the requirements governing newspaper vending machines.
If said official determines that a newspaper vending machine does
not comply with the provisions of Sections 19-2.1 to 19-2.3, the clerk
shall mail a written notice to the distributor of such newspaper vending
machine, by certified mail, return receipt requested, stating the
reasons why such newspaper vending machine does not comply with the
aforesaid provisions.
(b)
If a distributor fails to adjust, correct, obtain a permit or otherwise
cause such newspaper vending machine to comply with the provisions
of Sections 19-2.1 to 19-2.3 within seven days from the date written
notice of noncompliance is mailed by the municipal clerk, then such
distributor shall be deemed in violation thereof.
[Ord. No. 2018-12]
(a)
Any distributor who fails to comply with the provisions of Sections
19-2.1 to 19-2.4 shall, upon conviction thereof in the municipal court,
be punishable by the penalties as set forth in Section 1-6 of this
Code. Each day for which a distributor fails to comply with the provisions
of this Section constitutes a separate violation hereunder.
(b)
If a distributor is convicted of a violation of this Section by the
municipal court and if such distributor thereafter refuses to remedy
or correct the violation within 10 days from the date of conviction,
then the municipal clerk shall be empowered to remove the newspaper
vending machine which is the basis for such conviction from the public
sidewalk or public right-of-way or other place and return such newspaper
vending machine to the distributor identified on the newspaper vending
machine.
(c)
It shall be unlawful for any person to tamper with, deface or vandalize
any newspaper vending machine within the municipality. Any person
who shall violate this Section shall, upon conviction thereof in the
municipal court, be subject to the penalties set forth in Section
1-6 of this Code.
(d)
Repeat offenders, as that term is defined in Section 1-6 of this
Code, shall be subject to the penalties set forth in Section 1-6 of
this Code.
[Ord. No. 2018-12]
If as a result of changed conditions the Mayor and Council find
that it is necessary and in the public interest to alter the standards,
the method of vending or the prescribed location of any newspaper
vending machine provided for herein, no alteration shall be taken
until all affected distributors are afforded due notice and hearing
on the nature of said alteration.
