[HISTORY: Adopted by the Township of Washington (now Township of
Robbinsville) by Ord. No. 95-14 (§ 3-11 of the 2001 Code). Amendments
noted where applicable.]
For the purposes of this chapter, the following words or phrases shall
have the meanings ascribed to them by this chapter:
Any person, association of persons, firm, or corporation, responsible,
in whole or part, jointly or severally, for placing, locating, installing,
or maintaining a newspaper vending machine in a public right-of-way or public
place in the Township of Robbinsville.
Any newspaper, periodical, or magazine of general circulation as
defined by general law; any newspaper, periodical, or magazine duly entered
with the United States Postal Service, in accordance with federal statute
or regulation; and any newspaper periodical or magazine filed and recorded
with any recording officer as required by general law.
Any machine, rack, self-service or coin-operated box, stand, rack,
container, storage unit, or any other dispenser installed, utilized, and maintained
for the purpose of offering for sale and distribution newspapers, news periodicals,
news magazines, and any other similar publications.
That portion of any street improved, designed, or ordinarily utilized
for vehicular traffic.
Any surface provided for the exclusive use of pedestrians including
the area between the curb of any street and the property line adjacent to
it, or, if there is no curb, the area between the edge of the street and the
property line adjacent to it and shall include the public right-of-way along
such street or sidewalk.
All that area dedicated to public use for public street purposes,
including, but not limited to, roadways, parkways, alleys, and sidewalks.
Any newspaper vending machine that rests in whole or in part on any
portion of a public sidewalk or public right-of-way or that projects onto,
into, or over any part of a public right-of-way in the Township of Robbinsville
shall comply with the following standards:
A.Â
No newspaper vending machine shall be used or maintained
that projects onto, into, or over any part of the roadway of any public street
or that rests, wholly or partly, upon along, or over any portion of the roadway
of any public street.
B.Â
No newspaper vending machine shall be permitted to rest
upon, in, or over any public sidewalk when such installation, use, or maintenance:
(1)Â
Endangers the safety of persons or property; or
(2)Â
Unreasonably interferes with or impedes the flow of pedestrians
along the public sidewalk or public right-of-way; or
(3)Â
Unreasonably interferes with or impedes the flow of vehicular
traffic, including any legally parked or stopped vehicle, along the public
roadway; or
(4)Â
Unreasonably interferes with the ingress into or egress
from any public or private property or place of business; or
(5)Â
Unreasonably interferes with the use of, or is attached
to, 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; or
(6)Â
Unreasonably interferes with public access to benches
or rest stops provided along the public right-of-way.
C.Â
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.
D.Â
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 so as to
provide a uniform grouping and the minimization of incursions into the public
right-of-way.
E.Â
Newspaper vending machines shall be placed adjacent to
a curbline, 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.Â
No newspaper vending machine shall be placed, installed,
located, used, or maintained:
(1)Â
Within 12 feet of any marked crosswalk;
(2)Â
Within 12 feet of a curb return of any unmarked crosswalk;
(3)Â
Within five feet of any fire hydrant, fire call box,
police call box, or other emergency facility or equipment;
(4)Â
Within five feet of any driveway;
(5)Â
Within three feet of or 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)Â
Within five feet of a "No Stopping-No Standing" zone;
(7)Â
Within three feet of the entrance of a bus shelter;
(8)Â
Within a designated bus stop marked by a yellow curb,
except that newspaper vending machines may be located within the first five
feet along the yellow curb measured from the near-side point of a yellow curb,
and within the last five feet along the yellow curb, measured from the far-side
point of the yellow curb; provided, however, that such newspaper vending machines
do not unreasonably interfere with the loading and unloading of passengers.
Any newspaper vending machine that in whole or in part rests upon, in,
or over any public sidewalk or public right-of-way or that projects onto,
into, or over any part of a public right-of-way within the Township of Robbinsville
shall comply with the following standards:
A.Â
No newspaper vending machine shall exceed 60 inches in
height, 24 inches in width, or 20 inches in depth.
B.Â
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
in it.
C.Â
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 is unable to receive the publication
paid for. The coin-return mechanism shall at all times be maintained in good
working order.
D.Â
Each newspaper vending machine shall have affixed to it, 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 § 162-4.
E.Â
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)Â
It is reasonably free of loose, chipped, peeling, and
cracked paint in the visible painted areas.
(2)Â
It is reasonably free of rust and corrosion in the visible
metal areas.
(3)Â
The clear plastic or glass parts, if any, through which
the publications are viewed, are not broken and reasonably free of cracks,
dents, blemishes, and discoloration.
(4)Â
The paper or cardboard parts or inserts, if, any, are
reasonably free of tears, peelings, or fading.
(5)Â
The structural parts are not broken, cracked, or otherwise
dangerous to users of them.
(6)Â
The surrounding areas remain in a satisfactory condition.
A.Â
The Township Zoning Officer is empowered with the responsibility of enforcing the requirements governing newspaper vending machines. If this official determines that a newspaper vending machine does not comply with the provisions of §§ 162-2 and 162-3, the Zoning Officer 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 foregoing provisions.
B.Â
If a distributor fails to adjust, correct, or otherwise cause such newspaper vending machine to comply with the provisions of §§ 162-2 and 162-3 within seven days from the date written notice of noncompliance is mailed by the Zoning Officer, then such distributor shall be deemed in violation of the provisions.
A.Â
Any distributor who fails to comply with the provisions of §§ 162-2 and 162-3 shall, upon conviction in the Municipal Court, be punishable as provided in Chapter 1, Article II, General Penalty. Each day a distributor fails to comply with the provisions of this chapter shall constitute a separate violation under this chapter.
B.Â
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 violation within 10 days from the date of conviction,
then the Zoning Officer shall be empowered to remove the newspaper vending
machine that is the basis for the conviction from the public sidewalk or public
right-of-way or other place and return the newspaper vending machine to the
distributor identified on the newspaper vending machine.
