[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 56.
The purpose of the provisions and prohibitions hereinafter contained
and enacted is to secure and promote the public health and general welfare
of persons in the Borough of Lavallette in their use of public rights-of-way:
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 so located cause an inconvenience or danger
to persons using public rights-of-way, and unsightly newsracks located therein
constitute public nuisances.
As used in this chapter, the following terms shall have the meanings
indicated:
The person responsible for placing and maintaining a newsrack in
a public right-of-way.
Any self-service or coin-operated box, container, storage unit or
other dispenser installed, used or maintained for the display, sale and distribution
of newspapers or other news periodicals. A periodical commonly known as a
“magazine” shall be included in this definition.
Any area within a roadway which is not open to vehicular travel.
That portion of a street improved, designed or ordinarily used for
vehicular travel.
Any surface provided for the exclusive use of pedestrians. Where
there is no paved surface, may also refer to the area between the edge of
the roadway and the property line adjacent thereto.
All that area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
That area between the sidewalks and the curb of any street.
Any person, firm or corporation intending to erect, place, maintain
or operate a newsrack on any public street or sidewalk or in any other public
way or place in the Borough must within 10 days of placement of same register
the location of the rack or racks with the Borough Clerk. Registration shall
be done, in writing, by filling out the registration form which shall contain
the name and address of the registrant, the proposed specific location of
said newsrack and shall be signed by the registrant. Once registered in accordance
with this section, one permit shall issue to include any number of newsracks
as registered by the distributor.
A.
Permits shall be issued for the installation of a newsrack
or newsracks without prior inspection of the location but such newsrack or
newsracks and the installation, use or maintenance thereof shall be conditioned
upon observance of the provisions of this section and such reasonable rules
and regulations as may be established by the Borough Council. Permits shall
be issued within 72 hours after the application has been filed. An annual
permit fee of $25 for the first newsrack and $20 for each additional newsrack
is required.
B.
Permits shall be valid for the calendar year in which
the permit is issued and shall be renewable pursuant to the procedure for
original applications and upon payment of the annual permit fee.
Any newsrack which in whole or in part rests upon, in or over any public
sidewalk or parkway shall comply with the following standards:
A.
No newsrack shall exceed 50 inches in height, 32 inches
in width or 24 inches in thickness.
B.
No newsrack shall be used for advertising signs or publicity
purposes other than that dealing with the display, scale or purchase of the
newspaper or news periodical 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/she is unable to receive the publication paid for. The coin-return
mechanism shall be maintained in good working order.
D.
Each newsrack shall have affixed to it in a readily visible
place so as to be seen by anyone using the newsrack a notice setting forth
the name and address of the distributor and the telephone number of a working
telephone service to call to report malfunction, or to secure a refund in
the event of a malfunction of the coin-return mechanism.
E.
Each newsrack 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 newsrack shall be serviced and maintained
so that:
(1)
It is reasonably free of dirt and grease.
(2)
It is reasonably free of chipped, faded, peeling, and
cracked paint in the visible painted areas thereof.
(3)
It is reasonably free of rust and corrosion in the visible
unpainted metal areas thereon.
(4)
The clear plastic or glass parts thereof, if any, through
which the publications therein are viewed are unbroken and reasonably free
of cracks, dents blemishes and discolorations.
(5)
The paper or cardboard parts or inserts thereof are reasonably
free of tears, peeling or fading.
(6)
The structural parts thereof are not broken or unduly
misshapen.
F.
It shall be unlawful for any person or place to maintain
any publication or material in newsracks which exposes to public view any
pictorial material which depicts or appears to depict nudity or offensive
sexually explicit material.
G.
Each newsrack shall be maintained such that none of the
contents held therein shall be separated from the newsrack and/or scattered
about the area.
Any newsrack which rests in whole or in part upon, or on any portion
of, a public right-of-way or which projects onto, into or over any part of
a public right-of-way shall be located in accordance with the provisions of
this section.
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 newsracks shall be permitted to rest upon, in or over
any public sidewalk or parkway, when such installation, use or maintenance
endangers the safety of persons or property, or when such newsrack unreasonably
interferes with or impedes the flow of pedestrian or vehicular traffic, including
but not limited to the ingress into or egress from any residence or place
of business.
C.
No newsrack shall be chained, bolted, anchored to the
ground or otherwise attached to any fixture located in the public right-of-way,
except to other newsracks.
D.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of a curb.
(2)
Within 15 feet of any fire hydrant, fire call box, police
call box or other emergency facility.
(3)
Within 10 feet of any driveway.
(4)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet.
(5)
Within 10 feet of any standby or sprinkler connection
or related safety or fire equipment.
E.
Any newsrack maintained in the Borough which creates
a hazard to pedestrians or obstructs traffic or interferes with the response
to an emergency situation by a public officer, fire fighter, ambulance corps
or medic may be summarily removed by a public officer of the Borough and the
distributor will be notified.
For any and every violation of this chapter, the violator shall for
each and every violation be subject to a fine of no less than $100 and no
more than $1,000, imprisonment not to exceed 90 days or community service
of not more than 90 days, or any combination of fine, imprisonment and community
service, at the discretion of the court having jurisdiction in this matter.
Each and every day that a violation continues shall be deemed a separate offense.
