[HISTORY: Adopted by the Mayor and Council of the Borough
of Prospect Park 10-19-2020 by Ord. No. 2020-16. Amendments noted where applicable.]
A.
The uncontrolled placement of newsracks in public 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.
B.
Newsracks improperly located cause an inconvenience or danger to
persons using public rights-of-way, and unsightly newsracks located
therein constitute public nuisances.
C.
The proliferation of newsracks placed in and upon the public rights-of-way
has created a need for municipal regulation of the use and placement
of said newsracks in order to alleviate problems created thereby.
D.
The provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health and general welfare of persons in the Borough of
Prospect Park in their use of public rights-of-way.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, organization, firm, or entity responsible for
placing, locating, installing or maintaining a newsrack in a public
place in the Borough of Prospect Park.
That surface, whether or not improved, over and by which
ingress and egress are made into private or public property by vehicles.
Any self-service or coin-operated box, container, storage
unit, or other dispenser installed, used, or maintained for the display,
sale or distribution without charge of newspapers, periodicals, magazines
or other publications or printed materials.
A.
Any distributor having a newsrack which is already located or installed
on any public sidewalk or public right-of-way within the Borough of
Prospect Park on the effective date of this chapter shall, within
60 days of the effective date of this chapter, notify the Zoning 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; and
(3)
A certification by the distributor that the location, installation
and maintenance of such newsrack conforms to, and will continue to
conform to, the Borough Code of the Borough of Prospect Park, and
that said distributor assumes the unconditional obligations for any
legal liability occasioned by such installation and maintenance, and
that said distributor agrees to indemnify and hold harmless the Borough
of Prospect Park, its servants, agents and employees, for any and
all claims arising out of said distributor's installation, use
or maintenance of such newsrack.
B.
Any distributor having a newsrack which is already located or installed
on any public sidewalk or public right-of-way within the Borough of
Prospect Park on the effective date of this chapter shall, within
60 days of the effective date of this chapter, apply to obtain a permit
in accordance with the requirements and deadlines as set forth in
the remaining sections of this chapter for any newsrack or newsracks
such distributor intends to continue operating.
A.
It shall be unlawful for any person, firm, corporation or distributor
to erect, place, maintain or operate a newsrack on any public right-of-way
within the Borough of Prospect Park without first having obtained
a permit from the Zoning Official. The permit shall specify the exact
location of each such newsrack. One permit may be issued to include
any number of newsracks and shall be signed by the applicant.
B.
An application for such permit shall be made in writing to the office
of the Zoning Official of the Borough of Prospect Park upon such form,
as shall be provided, 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. The application must contain
a certification by the distributor that said distributor assumes the
unconditional obligations for any legal liability occasioned by such
installation and maintenance, and that said distributor agrees to
indemnify and hold harmless the Borough of Prospect Park, its servants,
agents and employees, for any and all claims arising out of said distributor's
installation, use or maintenance of such newsrack. The application
must also be accompanied by a color sketch or color drawing to scale,
and specifications of the proposed newsrack depicting compliance with
the requirements for dimensions, color and lettering, and the application
shall be signed by the applicant.
C.
If the applicant meets all the requirements of the provisions of
this section, the permit shall be issued within 60 business days for
an effective date of January 1.
D.
If the application is denied, the Zoning Official, within 30 business
days and by regular mail, shall set forth, in writing, the reasons
for the denial. For each requested location, the Zoning Official shall
have an additional seven business days to act.
E.
Such denial by the Zoning Official may be appealed within 30 days
to the Borough Council of the Borough of Prospect Park, which shall
render a decision within 60 days.
A.
Permits may be issued for the installation of a newsrack or newsracks, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon compliance with the provisions of this section. Failure to abide by the maintenance and/or compliance with this chapter may subject the permit to revocation and/or penalties pursuant to § 261-9 hereof.
B.
The permit shall be valid for a period of one year, commencing January
1, and shall be renewable in January of the subsequent year. Permits
shall be renewable pursuant to the procedure for original application.
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.
The exterior of the newsrack shall be in accordance with this chapter
and only deal with the display, sale, purchase or the distribution
of the newspaper sold or materials to be distributed therein.
C.
To the extent that the newsrack contains newspapers for sale, 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
he or she 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,
to secure a refund in the event of a malfunction of the coin-return
mechanism and/or to give the notices provided for in this chapter.
E.
Each newsrack shall be maintained in a neat and clean condition,
free of graffiti, 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; and
(4)
Structural parts are not broken, cracked or otherwise in a condition
which might render them dangerous to users thereof.
F.
Each newsrack shall be maintained to prevent the newspapers and/or
the distributed material from being scattered about the area.
G.
Each newsrack not located on an existing sidewalk or other hard surface
area shall be placed on a precast concrete base. Installation, maintenance
and removal of the base shall be the responsibility of the distributor.
Any newsrack which in whole or in part rests upon or over any
public sidewalk or public right-of-way shall be located in accordance
with the following requirements:
A.
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.
B.
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; or
(2)
Unreasonably interferes with or impedes the flow of pedestrian or
vehicular traffic, including any legally parked or stopped vehicle;
or
(3)
Unreasonably interferes with the ingress to or egress from any residence
or place of business; or
(4)
Unreasonably interferes with passengers boarding or exiting from
buses at designated bus stops; or
(5)
Unreasonably interferes with the use of traffic signs or signals,
fire hydrants or mailboxes located or permitted at or near said location.
C.
Newsracks shall be chained, bolted or otherwise secured so as to
prevent their being blown 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 Zoning
Official.
D.
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.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within six feet of any marked crosswalk or handicap curb ramp;
(2)
Within 12 feet of a curb return of any unmarked crosswalk;
(3)
Within 15 feet of any fire hydrant, fire or police call box, or other
emergency communication facility;
(4)
Within five feet of any driveway or apron;
(5)
At any location whereby the clear space for the passageway of or
for pedestrians is reduced to less than six feet or would be reduced
to six feet by newsrack;
(6)
Within 10 feet of any standby or sprinkler connection or related
safety or fire equipment;
(7)
Within five feet of any building, showroom or display window, unless
written permission from the owner is secured and same is submitted
with the application;
(8)
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or landscaping;
(9)
Within 300 feet of any other newsrack containing the same issue or
edition of the same publication;
(10)
In front of a single-family or two-family residence;
(11)
To cause sight line obstruction at any intersection or driveway;
or
F.
No more than two newsracks may be placed adjacent to each other at
any location that complies with this chapter. After a newsrack, or
a pair of newsracks, is permitted for a specific location, no additional
newsracks shall be placed less than 200 feet from the permitted newsrack.
A.
If the Zoning Official or designee shall determine that a newsrack does not comply with the provisions of this chapter, including the requirement to provide the notification required by § 261-2 of this chapter, then the Zoning Official or designee 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 Zoning Official or designee, then such distributor
shall be deemed to be in violation of this chapter.
A.
Any distributor who, following written notice as set forth in herein,
fails to comply with the provisions of this chapter shall, upon conviction
therefor in Municipal Court, be subject to a fine not to exceed $1,000.
Each day for which 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 of this chapter by the
Municipal Court and if such distributor thereafter refuses to remedy
or correct the 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 Zoning Official
or designee of the Borough of Prospect Park shall be empowered to
remove the newsrack which was the basis for such conviction from the
public sidewalk or public right-of-way. The Borough of Prospect Park
will store the newsrack for a period not to exceed 30 days, during
which period the owner can retrieve the newsrack. After 30 days, the
Borough of Prospect Park will discard the newsrack.
