[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:
The person responsible for placing and maintaining a newsrack on
a public right-of-way.
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.
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 vehicular travel.
A paved, surfaced or leveled area, paralleling and usually separated
from the street, used as a pedestrian walkway.
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.
This chapter shall be enforced by the members of the Police Department.
