The regulation of newspaper distribution boxes,
as provided for in this chapter, is intended to advance the public
purposes of furthering vehicular and pedestrian traffic safety, preventing
obstructions to vehicular and pedestrian traffic, facilitating the
maintenance of public sidewalks and public areas and preventing unsightly
and aesthetically undesirable uses of public sidewalks, public areas
and other areas open to public view.
As used in this chapter, the following terms
shall have the following meanings:
MAINTAIN
To place, install, maintain or operate a newspaper distribution
box.
NEWSPAPER DISTRIBUTION BOX
Any self-service or coin-operated box, stand, rack, container,
storage unit or other dispenser installed, used or maintained for
the purpose of offering for sale, vending, distributing or giving
away any publication.
PERSON
Any individual, firm, corporation, partnership, association
or other entity.
PUBLICATION
Any newspaper, magazine, periodical or similar printed matter.
ROADWAY
The portion of a street improved, designed or ordinarily
used for vehicular travel.
SIDEWALK
The area between the edge of the roadway and the property
line adjacent thereto, including both paved and unpaved areas.
STREET
All areas dedicated to public use for public street purposes,
including but not limited to roadways, alleys and sidewalks.
UNPROTECTED LANDSCAPED AREA
An area improved with flowers or shrubs that is not protected
by either a man-made barrier, such as a fence, or a natural barrier,
such as a hedge.
No person shall maintain a newspaper distribution
box on a sidewalk or at an outdoor location visible from a sidewalk
or roadway except in accordance with the provisions of this chapter.
Every newspaper distribution box which is subject
to the provisions of this chapter shall comply with the following
standards:
A. No box shall be larger than five feet in height, 30
inches in width and two feet in depth.
B. No box shall be chained, bolted or otherwise attached
to any private or public property without the consent of the owner
of such property.
C. A box may be chained or otherwise attached to other
boxes; however, no more than three boxes may be joined together in
this manner.
D. No box or group of attached boxes shall weigh, in
the aggregate, in excess of 125 pounds when empty.
E. No box shall be used for advertising, signs or publicity
purposes, other than to identify the publication sold or distributed
therein.
F. Each box shall be maintained in a clean, neat and
well-painted condition and in good repair at all times.
G. The owner of each box shall permanently affix thereto
his name, address and telephone number in a place where such information
may be easily seen.
H. No box
or group of attached boxes shall be located within 500 feet of any
other box or group of attached boxes.
[Added 11-14-2011 by Ord. No. 34-2011]
[Amended 4-11-1994 by Ord. No. 5-94]
Any person who violates any of the provisions of this chapter, after having been served with a notice of violation and having failed to correct or eliminate said violation or violations in accordance with §
128-9, shall be subject to a fine of not less than $55 and not more than $200. Each violation of a separate section of this chapter and each violation by a different newspaper distribution box shall constitute a separate offense.
If any provision, section, subsection, paragraph,
sentence or clause of this chapter shall be declared invalid for any
reason whatsoever, such invalidity shall not affect the remaining
portions of this chapter, which shall continue in full force and effect
and, to this end, the provisions of this chapter are hereby declared
to be severable.
[Added 11-14-2011 by Ord. No. 34-2011]
A. There is hereby established a multiple newsrack zone consisting of
the following streets:
(3) Main Street from Community Place to Alexander Avenue.
B. Purpose.
(1) To protect and enhance the streetscape in the downtown district.
(2) To provide safe and convenient access to lands in the downtown district.
C. The zone need not be contiguous. Within the multiple newsrack area,
the placement, installation and maintenance of newsracks shall be
prohibited, except as authorized by the Borough of Madison for the
placement, installation and maintenance of multiple newsracks. The
Borough of Madison shall determine the areas that require such designation
based upon the following considerations:
(1) The current number of newsracks within or near the proposed area
so as to avoid undue concentration of newsracks.
(2) The impact on pedestrian, bicycle and vehicular traffic and accessibility
to public transportation.
(3) The inconsistency of individual newsracks with the character of the
surrounding streetscape.
(4) The impact on and proximity to buildings used for residential purposes.
(5) At a particular area, give priority to Morris County publications.
D. The Borough of Madison will have the authority on where the placements
of multiple newsracks within the multiple newsrack area are to be
located.
E. The Borough of Madison will have the authority to determine the number
of compartments for publications in the multiple newsrack zone.
F. In determining which publications shall be permitted at a given multiple
newsrack location, the Borough shall utilize the following criteria:
(1) Limit access of each publication to one compartment at each designated
area whenever the number of publications sought to be distributed
exceeds the number of compartments available. Publications containing
legal notices and local (Morris County) news content, and published
at least weekly may maintain up to two compartments, provided each
newsrack is individually licensed by the Borough.
(2) At a particular area preference shall be given to publications containing
legal notices and local (Morris County) news content, and published
at least weekly.
(3) At a particular area, preference shall be given to publications that
had been contained in single newsracks that were replaced with multiple
newsracks at that area.
(4) When more than one application is filed simultaneously than may be
accommodated at a specific multiple newsrack location, priority shall
be determined by lottery.