[HISTORY: Adopted by the Mayor and Council of the Borough of Closter 9-27-1989 as Ord. No. 1989:582. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 171.
As used in this chapter, the following terms shall have the meanings indicated:
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack on a public right-of-way.
NEWSPAPER
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 or any newspaper filed and recorded with any recording officer as provided by general law.
NEWSRACK
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.
ROADWAY
That portion of a street improved, designated or ordinarily used for vehicular travel.
SIDEWALK
A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
STREET
All that area dedicated to public use for public street purposes and shall include but not be limited to roadways, parkways, alleys and sidewalks.
Any newsrack which in whole or in part rests upon or over any roadway, street or sidewalk shall comply with the following standards:
A. 
No newsrack shall exceed sixty (60) inches in height, twenty-four (24) inches in width or twenty (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 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 or she is unable to receive a 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 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. 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 thereon are viewed are unbroken and reasonably free of cracks, dents, blemishes and discolorations.
(4) 
The paper or cardboard parts of inserts thereof, if any, are reasonably free of tears, peeling or fading.
(5) 
The structural parts thereof are not broken or unduly misshapen.
Any newsrack that rests in whole or in part upon or on any portion of a public roadway, street or sidewalk or which projects onto, into or over any part of a public roadway, 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 newsrack shall be permitted to rest upon, in or over any public 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 vehicle;
(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. 
Any newsrack or newsracks shall be chained, bolted or otherwise secured so as to prevent their being blown down or around the public street or roadway and shall not be secured by the use of a traffic sign or signal, mailbox, fire hydrant, fire call box, police call box or other emergency facility.
D. 
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than four (4) feet along a curb, and provided further that no newsrack or group of newsracks shall be within two hundred (200) feet from the nearest newsrack or group of newsracks.
E. 
No newsrack shall be placed, installed, used or maintained:
(1) 
Within three (3) feet of any marked crosswalk.
(2) 
Within twelve (12) feet of a curb return of any unmarked crosswalk.
(3) 
Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility.
(4) 
Within five (5) feet of any driveway.
(5) 
At any location whereby the clear space for the passageway of pedestrians is thereby reduced to less than thirty (30) inches.
(6) 
Within three (3) feet of or on any public area improved with lawn, flowers, scrubs, trees or other landscaping.
(7) 
Within two hundred (200) feet of any church, park, playground or school. Said two hundred (200) feet shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church, park, playground or school to the location of the newsrack.
Any person or persons, firm, partnership, association or corporation or employee thereof who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code.
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Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.