The purpose of this article is to regulate the standards and manner in which newsracks and street stands are located within the City of Millville to ensure the free flow of pedestrian and vehicular traffic on the sidewalks, streets and public places within the City and to preserve the aesthetics of the community.
As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
NEWSRACK
A stand at which newspapers are displayed and offered for sale.
PERSON
A natural person, association, corporation, firm, partnership, trust, or other legal entity.
STREET STAND
A stand at which periodicals are displayed and offered for sale.
No person shall display, exhibit, offer for sale, or sell any newspaper or periodical on any street, sidewalk or public place within the City except from a newspaper rack or street stand constructed and installed in accordance with the provisions of this article and without first obtaining a permit from the City Clerk.
A. 
The permit shall be issued by the City Clerk after payment of the required fee and compliance with these regulations.
B. 
The annual fee for each newspaper rack or street stand shall be $15.
The application for the permit required by this article shall be made in writing and filed with the City Clerk. The application shall contain the following information:
A. 
The name and address of the person who owns the newsrack or street stand.
B. 
An exact location where the newsrack or street stand is to be located including a diagram with relevant measurements from curbs for intersecting streets and other objects which currently exist at the location selected.
A. 
Newspaper racks or street stands shall be fabricated completely of metal but for a display window and coin mechanism, and shall contain no advertising other than the name of the newspaper or periodical and its publisher or other materials indicating the content of the newspaper or periodical offered therein.
B. 
The measurements of the newspaper rack or street stand shall not exceed 50 inches in height, 25 inches in width, and 20 inches in depth. The base of the newspaper rack or street stand shall not exceed 20 inches by 25 inches.
C. 
No permit shall be issued for any location which would unreasonably interfere with pedestrian or vehicular traffic, parking stalls, or cause congestion upon any sidewalk, street, alley or public place within the City.
D. 
No newsrack or street stand shall be located in the following areas:
(1) 
Within five feet of any driveway.
(2) 
At a location where the clear space for pedestrian travel is reduced to less than six feet.
(3) 
At a location where the newsrack or street stand would unreasonably interfere with the display window of any building abutting the sidewalk.
(4) 
At a location where the newsrack or street stand would unreasonably interfere with the aesthetics of any landscaped area or any streetscape.
E. 
No newsrack or street stand shall be attached, chained or tied to any bench, fence, hydrant, lamppost, street sign, tree or utility pole.
F. 
The newsrack or street stand may be located on a sidewalk area not less than 12 inches nor more than 20 inches from the curbline, and not less than 25 feet from the nearest curbline of any intersecting street.
G. 
As an alternative location, newsracks or street stands may be located on the sidewalk abutting the nearest building.
A. 
Any applicant for a permit may be denied a permit by the City Clerk or any permit issued may be suspended or revoked by the Mayor for any of the following causes:
(1) 
The applicant or permittee has filed an application containing false information.
(2) 
The applicant or permittee has failed to comply with these regulations.
(3) 
The applicant or permittee has been convicted of an offense under these regulations.
B. 
The applicant or permittee may appeal the decision of any municipal official by filing a request for hearing before the Board of Commissioners with the City Clerk within 10 days of receiving the notice of denial, suspension or revocation of the permit. The hearing shall be held within 20 days of the date when the request is filed with the City Clerk.
Any person who shall violate any of these regulations, shall upon conviction thereof, be subject to a fine of not more than $200 for each offense. A separate offense shall be deemed committed on each day that a violation occurs or continues.