[HISTORY: Adopted by the Township Council of the Township
of Pequannock 10-24-2006 by Ord.
No. 2006-23 (Ch. 116 of the 1997 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A unit that has assembled together two or more newsrack 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 newsrack boxes by various
newspaper vendors. Two or more newspaper vendors may distribute newspapers
from a modular newsrack box assembly.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or other legal entity distributing publications
by the use of a newsrack box in the Township of Pequannock.
A rectangular cube-type box that has a windowed door on its
front for the purposes of viewing inside the cube-shaped box and also
to gain access to the box. Newspapers or other news periodicals are
placed in the newsrack box for the purposes of distribution. One gains
access to the interior of the newsrack box by opening the front widowed
door. The newsrack box may be, but need not be, accessed by inserting
coined money to unlock the access door.
A.Â
Findings.
(1)Â
The uncontrolled placement
of newsracks in public rights-of-way and semipublic rights-of-way
presents an inconvenience and danger to the safety and welfare of
persons using such rights-of-way, including pedestrians, persons entering
and leaving vehicles and buildings, and persons performing essential
utility, traffic control and emergency services.
(2)Â
Newsracks so located as to
cause an inconvenience or danger to persons using public rights-of-way
and semipublic rights-of-way, and unsightly newsracks located therein,
constitute public nuisances.
(3)Â
These factors constitute an
unreasonable interference with and obstruction of the use of public
rights-of-way and semipublic rights-of-way, are injurious to health,
offensive to the senses, and constitute such an obstruction of the
free use of property as to interfere in the comfortable enjoyment
of life and property by the entire community.
(4)Â
The Township Council recognizes,
however, that the use of such rights-of-way is so historically associated
with the sale and distribution of newspapers and publications that
access to the areas for such purposes should not be absolutely denied.
The Township Council further finds that these strong and competing
interests require a reasonable accommodation which can only be satisfactorily
achieved through the means of this chapter which is designed to accommodate
such interests regulating the time, place and manner of using such
newsracks.
B.Â
Purpose. The provisions and prohibitions
hereinafter continued and enacted are in pursuance of securing and
promoting the general welfare of persons in the Township in their
use of public rights-of-way and semipublic rights-of-way through the
regulation of placement, appearance, number, size, and servicing of
newsracks on such rights-of-way so as to:
(1)Â
Provide for pedestrian and
driving safety and convenience;
(2)Â
Ensure no unreasonable interference
with the flow of pedestrian or vehicular traffic, including ingress
to, or egress from, any place of business or from the street to the
sidewalk;
(3)Â
Provide reasonable access
for the use and maintenance of sidewalks, poles, traffic signs and
signals, hydrants, mailboxes, and similar appurtenances, and access
to locations used for public transportation purposes;
(4)Â
Reduce visual blight on the
public rights-of-way and semipublic rights-of-way, protect the aesthetics
and value of surrounding properties, and protect the quiet of residential
areas; and
(5)Â
Reduce exposure of the Township
to personal injury or property damage claims and litigation.
No person shall install, use or maintain any newsrack within
the Township of Pequannock except as specifically provided in this
chapter.
[Amended 7-26-2007 by Ord. No. 2007-24]
A.Â
In the event that more than one newspaper desires to place a vending machine newsrack within the Township of Pequannock (hereinafter "Pequannock"), 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 Pequannock within the areas identified in § 224-8B. No other newsrack boxes, MNBA units, or other such newspaper vending units shall be permitted to be placed anywhere in Pequannock, except as is provided in this chapter. If only one newspaper desires to place a vending machine on public property it may place a single newsrack box within the areas identified in § 224-8B.
B.Â
The newspaper vendor shall be
obligated to purchase at its expense its own newsrack 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 Pequannock
purchases either the newsrack box and/or the MNBA unit for and on
behalf of a newspaper vendor or vendors, such newspaper vendor or
vendors shall reimburse Pequannock its out-of-pocket expense for such
purchases, wherein each vendor shall pay its proportionate share of
such out-of-pocket expenses. Pequannock shall not receive any additional
money above and beyond that which it expended for the newsrack boxes
and/or the MNBA unit. Pequannock prefers that the newspaper vendors
purchase the newsrack boxes and the MNBA units.
C.Â
Maintenance, repair, and service
of each newsrack box and MNBA unit shall be the obligation of the
newspaper vendors respectively. In the event the Township of Pequannock
expends any moneys for such, the Township of Pequannock shall be reimbursed
its expenditures by the newspaper vendors which were obligated to
make such expenditures. Prior to Pequannock performing any maintenance,
repairs or service to the newsrack boxes and/or MNBA units, Pequannock
will take reasonable steps and efforts to cause the responsible newspaper
vendors to perform such maintenance, repair and/or service.
D.Â
The style, color, size, material,
and design of the newsrack box and the MNBA unit, as well as its location,
shall be determined by Pequannock.
E.Â
The installation locations of
the MBNA units on the public property or public sidewalks within Pequannock
shall be selected by Pequannock 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.Â
The MNBA units can accommodate
from two to six single newsrack boxes. There is no limit on the reasonable
number of MNBA units that can be located in the Township of Pequannock
in compliance with this chapter.
G.Â
There is no limit to the reasonable
number of newsrack boxes that a particular newspaper vendor can utilize,
except that a newspaper vendor is permitted to have only one newsrack
box per MNBA unit whenever other newspaper vendors wish to utilize
a newsrack box in such MNBA unit. For the purposes of this chapter,
a double newsrack box is considered as one newsrack box.
H.Â
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 MNBAs are not located in the residential districts.
I.Â
Any other type of individual freestanding
newspaper vending machines, boxes, newsracks, etc., whether coin-operated
or otherwise, is prohibited in the Township of Pequannock. Any such
prohibited units existing after the adoption of this chapter 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 newsrack box in an MNBA unit or units
from which to distribute newspapers in accordance with this chapter.
The failure of an owner to remove a prohibited unit after the expiration
of the ninety-day period will result in the Township removing the
unit. The Township will store the unit and give the owner of the unit
notice that the unit has been removed and brought to storage. The
owner shall have a period of 10 days for to retrieve the unit and
reimburse the Township for any expenses in connection with the removal
and storage of the unit. In the event the owner does not retrieve
the unit and reimburse the Township, the unit will be disposed of
by the Township.
J.Â
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 actions or inactions of the newspaper vendor requesting
the extension, Pequannock will not unreasonably deny such requests
for an extension.
A.Â
A newspaper vendor desiring a
general location for a newsrack box within an MNBA unit shall submit
such request in writing to Pequannock as required in this chapter.
Pequannock shall make available a location or locations to each newspaper
vendor which requests a location or locations. Pequannock will seek
to identify a location as close as practicable to that which had been
requested by the newspaper vendor, taking into account the criteria
of this chapter. In the event the Township of Pequannock is unable
to grant the vendor's request for a specific location, the Township
of Pequannock will identify its reasons for such a decision based
on the criteria of this chapter, and in such event the Township of
Pequannock will identify an alternative location or locations that
are available to the applying newspaper vendor. In no event shall
the newspaper vendor be denied the right to distribute its papers.
The newspaper vendor's right to distribute shall not be abridged by
Pequannock, in that the Township of Pequannock shall make available
a location or locations to each newspaper vendor which requests a
location or locations.
B.Â
Pequannock, in its discretion,
shall determine the specific location of each MNBA unit. The determination
of the place and manner of installation of such MNBA unit shall be
made by the Township of Pequannock in its discretion wherein its discretion
shall not be exercised unreasonably, capriciously or arbitrarily,
and shall be made in accordance with the criteria of this chapter,
as governed by federal and state law.
The MNBA units located on public sidewalks, public property,
and on the exterior of any building on private property shall be installed
in accordance with the following criteria:
A.Â
No MNBA unit shall be installed
wherein it impedes the flow of pedestrian or vehicular traffic.
B.Â
No MNBA unit shall be installed
wherein it endangers the public safety of persons or property.
C.Â
No MNBA unit shall be installed
where it interferes with the ingress and egress from any residence
or place of business.
D.Â
No MNBA unit shall be located
wherein its location interferes with the use of traffic signs, traffic
signals, fire hydrants, utility poles, mailboxes, and other such police,
fire, and/or traffic control devices.
E.Â
The content of the newspaper publication
shall not be considered in determining the manner of and place of
location of the MNBA unit.
F.Â
The newspaper vendor does not
need a license, permit or other such approval to distribute its newspaper
in Pequannock.
G.Â
The MNBA unit shall be placed
in a location in keeping with the character and zoning in Pequannock
so as to minimize the visual appearance and clutter of newsracks,
but not at the expense of the newspaper vendor's First Amendment right
to distribute its newspaper.
H.Â
No MNBA unit shall be installed
above or within a proximity to interfere with the use, maintenance,
and/or repair of any gasline, waterline, sewer line or other such
utility line.
I.Â
No MNBA unit shall be located
so as to impede the lawful use of any buildings or access thereto.
J.Â
No MNBA unit shall be located
so as to interfere with the growth of any municipally owned shade
trees, plants, and shrubs existing in the right-of-way sidewalk area.
K.Â
No MNBA unit shall be located
to interfere with the use of municipally installed public benches
and seating.
A.Â
A newspaper vendor seeking to
distribute its newspapers in Pequannock, in accordance with this chapter,
shall make a request in writing to the Township of Pequannock for
a location or locations within Pequannock.
B.Â
The newspaper vendor is to identify
the location by designating a corner of a particular intersection
and/or by reciting dimensions from some fixed identifiable structure
or object and/or by some other method of identifying the location
so as to clearly inform Pequannock of the location requested.
C.Â
Pequannock shall review the request
and shall make the final determination as to the location of the MNBA
unit. Pequannock must take into account the requests of other newspaper
vendors, in an effort to coordinate the location of the MNBA units
with the requests of all newspaper vendors, in an effort to establish
the necessary number of two or more newsrack boxes in MNBA units.
In the event several newspaper vendors select a particular intersection
and/or location and identify different corners and/or locations, Pequannock
will consolidate those requests into the MNBA unit and identify the
specific location where the MNBA should be placed in accordance with
the criteria in this chapter.
D.Â
Pequannock shall inform the newspaper
vendor no later than 20 business days of receipt of its request as
to the location of the MNBA unit wherein such vendor may place its
papers for distribution from a newsrack box. In the event Pequannock
selects an alternative location or locations to the one requested
by the vendor, Pequannock will recite its reasons as to why the alternate
location or locations in question had been selected.
E.Â
A newspaper vendor is permitted
to make as many requests as is reasonably necessary for the distribution
of its newspapers in the Township of Pequannock. There is no limitation
on the reasonable number of requests or on the reasonable number of
locations that a particular newspaper vendor may utilize in accordance
with this chapter.
F.Â
At the adoption of this chapter,
freestanding newsracks exist at various locations in the Township
of Pequannock. In the event one or more of such locations are requested
by newspaper vendors which presently have a freestanding newsrack
at such locations, such newspaper vendor's request shall receive preference
as to a newsrack box in an MNBA unit at such location or the alternative
to such location.
G.Â
The earliest received location
request shall have a preference over subsequent requests for the same
location or alternate to that location.
H.Â
In the event the newspaper vendor
disagrees with Pequannock's decision concerning its request for a
location or any other decision related to this chapter, such newspaper
vendor may request to Pequannock, in writing, a reconsideration of
Pequannock's decision, stating its position concerning its request
for reconsideration. Pequannock shall respond to such request for
reconsideration within 30 days of its receipt by Pequannock.
A.Â
Pequannock has selected the general
locations recited hereinbelow as locations for the MNBA units to be
installed in accordance with this chapter. The below-listed locations
are not exhaustive or exclusive. Others may be added by the Township
of Pequannock on its own and/or at the request of newspaper vendors
by resolution without the need to amend this chapter.
B.Â
The following locations as shown
on the plan titled "Newsrack Vending Machine Program Map" are permissible
general locations for the installation of MNBA units, wherein the
specific location shall be determined by Pequannock in accordance
with this chapter:
A.Â
Any person or entity who or which
violates any provision of this chapter shall be notified in writing
of such violation and shall have 15 days from the date of the notice
to correct the violation.
B.Â
Any person or entity who or which
violates any provision of this chapter and continues such violation
for more than 15 days after having received the above notice shall,
upon conviction, be subject to a fine of not more than $250; each
day may be considered a separate offense.