As used in this chapter, the following terms
shall have meanings indicated:
DISTRIBUTOR
Any person, firm or corporation responsible for placing,
locating, installing or maintaining a newsrack in a public place in
the Township of Saddle Brook.
DRIVEWAY
That surface, whether or not improved, over and by which
ingress and egress are made into private or public property by vehicles.
NEWSPAPER
Any newspaper, periodical or magazine of general circulation
as defined by general law; any newspaper, periodical or magazine duly
entered with the Post Office Department of the United States 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.
NEWSRACK
Any machine, vending machine, rack, self-service or coin-operated
box, container, storage unit or other dispenser used and maintained
for the sale and distribution of newspapers, news periodicals, news
magazines and any other similar publications.
ROADWAY
That portion of any street improved, designed or ordinarily
used for vehicular traffic.
SIDEWALK
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the property
line adjacent thereto or, if there is no curb, the area between the
edge of the street and the property line adjacent thereto, and the
sidewalk shall include the public right-of-way along such street or
sidewalk.
STREET
All that area dedicated to public use for public street purposes,
and includes but is not limited to roadways, parkways, alleys and
sidewalks.
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. No newsrack shall be used for advertising signs or
publicity purposes other than those dealing with the display, sale
or purchase of the newspaper sold therein.
C. 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 that he 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 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
or to secure a refund in the event of a malfunction of the coin-return
mechanism or to give the notices provided for in this chapter.
E. Each newsrack shall be maintained in a neat and clean
condition 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 surface 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.
(4) Structural parts are not broken, cracked or otherwise
in a condition which might render them dangerous to users thereof.
No provision of this chapter shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.