As used in this chapter, the following terms shall have the
meanings indicated:
MODULAR NEWSRACK BOX ASSEMBLY (MNBA)
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)]
NEWSPAPER VENDOR
Any person or other legal entity distributing publications
by the use of a newsrack box in the Township of Pequannock.
NEWSRACK BOX or NEWSRACK
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.
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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
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. No MNBA unit shall be installed
wherein it impedes the flow of pedestrian or vehicular traffic.
B. No MNBA unit shall be installed
wherein it endangers the public safety of persons or property.
C. No MNBA unit shall be installed
where it interferes with the ingress and egress from any residence
or place of business.
D. 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. The content of the newspaper publication
shall not be considered in determining the manner of and place of
location of the MNBA unit.
F. The newspaper vendor does not
need a license, permit or other such approval to distribute its newspaper
in Pequannock.
G. 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. 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. No MNBA unit shall be located
so as to impede the lawful use of any buildings or access thereto.
J. 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. No MNBA unit shall be located
to interfere with the use of municipally installed public benches
and seating.