[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.
A.
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]
B.
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.
C.
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.
D.
Before the Department may issue a newsrack permit to
any person, that person must execute an indemnification agreement substantially
as follows:
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"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."
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E.
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:
A.
No newsrack shall exceed 60 inches in height, 24 inches
in width or 20 inches in thickness.
B.
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.
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 publication paid for. The coin-return
mechanisms 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 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. Specifically, but without limiting
the generality of the foregoing, each newsrack shall be serviced and maintained
so that:
(1)
It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof.
(2)
It is reasonably free of rust and corrosion in the visible
unpainted metal areas thereon.
(3)
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.
(4)
The paper or cardboard parts or inserts thereof, if any,
are reasonably free of tears, peeling or fading.
(5)
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 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.
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 street or sidewalk when such installation, use or maintenance:
(1)
Endangers the safety of persons or property;
(2)
Unreasonably interferes with or impedes the flow of pedestrians
or vehicular traffic, including any legally parked or stopped vehicles;
(3)
Unreasonably interferes with the ingress or egress from
any residence or place of business; or
(4)
Unreasonably interferes with the use of traffic signs
or signals, hydrants or mailboxes permitted at or near said location.
C.
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.
D.
No newsracks shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within three feet of a curb.
(3)
Within 15 feet of any fire hydrant, fire call box, police
call box or other emergency facility.
(4)
Within five feet of any driveway.
(5)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet.
(6)
Within three feet of or on any public area improved with
lawn, flowers, shrubs, trees or other landscaping.
(7)
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.
(8)
Within 10 feet of any standby or sprinkler connection
or related safety or fire equipment.
(9)
Within five feet of any building, unless written permission
is secured from the property owner and filed with the application.
