[HISTORY: Adopted by the Village Council of the Village of Ridgewood 4-14-1981 by Ord. No. 1792. Amendments noted where applicable.]
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 street, as herein defined.
- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law.
- Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers only.
- That portion of a street improved, designated or ordinarily used for vehicle travel.
- Any surface provided for the use of pedestrians.
- All that area dedicated to public use for public street purposes and shall include but not be limited to roadways, parkways, alleys and sidewalks.
[Amended 10-13-1992 by Ord. No. 2375]
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street, sidewalk or other public place in the Village of Ridgewood any newsrack without first having obtained a permit from the Department of Buildings and Inspections specifying the exact location of such newsrack or newsracks. One permit may be issued to include any number of newsracks and shall be signed by the applicant.
Application for such permit shall be made, in writing, to the Department of Buildings and Inspections and approved by the Department of Public Works upon such form as shall be provided by them and shall contain the name and address of the applicant and the proposed specific location of said newsrack or newsracks and shall be signed by the applicant.
Permits may 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 compliance with the provisions of this chapter. A permit fee as set forth in Chapter 145, Fees, is required. The amount of the fee may be amended by ordinance of the Village Council at any time subsequent to the adoption of this chapter.
[Amended 7-9-1991 by Ord. No. 2325; 10-13-1992 by Ord. No. 2375]
The permit shall be valid for a period of one year, on a calendar-year basis, commencing on January 1 and shall be renewable on January 1 of any subsequent year. The annual fee shall be prorated if the permit is issued effective subsequent to January 1.
No permit shall be issued or continued in operation unless the applicant and any other persons, organizations, firms or corporations on whose behalf the application is made by filing such application do represent, stipulate, contract and agree that they will jointly and severally defend, indemnify and hold the Village of Ridgewood harmless against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the control, maintenance or ownership of the newsracks permitted.
Before the Department may issue a newsrack permit to any person, that person must execute an indemnification agreement substantially as follows:
"The applicant and any other persons, organizations, firms or corporations on whose behalf the application is made represent, stipulate, contract and agree that they do jointly and severally defend, indemnify and hold harmless the Village of Ridgewood against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the control, maintenance or ownership of the newsracks permitted."
Before the Department may issue a newsrack permit to any person, that person shall file with the Department of Buildings and Inspections an insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $100,000 for one person and for more than one person $1,000,000, insuring against loss from liability imposed by law upon the distributor for damages on account of bodily injury or death suffered, and in the sum of $50,000 against loss on account of property damage suffered by any person or persons as a result of an accident occurring by reason of the ownership, control or maintenance of the newsracks permitted, and no license shall continue effective unless such insurance in the full and collectible amount of $100,000 for one person and $1,000,000 for more than one person for bodily injuries or death and $50,000 for property damages shall remain in force during the entire term of the license. Such insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and control of such newsracks or any fault in respect thereto and shall be for the benefit of any person suffering loss, damage or injury as aforesaid.
Any newsrack which, in whole or in part, rests upon, in or over any public sidewalk, roadway or street shall comply with the following standards:
No newsrack shall exceed 60 inches in height, 24 inches in width or 20 inches in thickness.
No newsrack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale or purchase of the newspapers sold therein.
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 publication paid for. The coin-return mechanisms shall be maintained in good working order.
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 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.
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:
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
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.
The paper or cardboard parts or inserts thereof, if any, are reasonably free of tears, peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
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.
Each newsrack shall be maintained to prevent the newspapers from being scattered about the area.
Any newsrack which rests in whole or in part upon or on any portion of a public street or sidewalk or projects onto, into or over any part of a public street or sidewalk shall be located in accordance with the provisions of this section.
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.
No newsracks shall be permitted to rest upon, in or over any public street or sidewalk when such installation, use or maintenance:
Endangers the safety of persons or property;
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles;
Unreasonably interferes with the ingress or egress from any residence or place of business; or
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
The newsrack or newsracks shall be placed or otherwise secured so as to prevent their being blown down or around the public street or sidewalk but shall not be chained or otherwise secured to any traffic or street signs, signals, hydrants or mailboxes.
No newsracks shall be placed, installed, used or maintained:
Within three feet of any marked crosswalk.
Within three feet of a curb.
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within five feet of any driveway.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
Within 500 feet of any other newsrack on the same side of the street in the same block, containing the same issue or edition of the same publication.
Within 10 feet of any standby or sprinkler connection or related safety or fire equipment.
Within five feet of any building, unless written permission is secured from the property owner and filed with the application.