[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York 9-20-1989 by Ord. No. 1855. Amendments
noted where applicable.]
As used herein, the following terms shall have the meanings indicated:
The person, corporation, employee, servant or agent responsible for
placing and maintaining a newsrack in a public street as herein defined.
Any newspaper of general circulation as defined by 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 law.
Any self-service or coin-operated box, container, storage unit or
other dispenser installed, used or maintained for the display and/or sale
of newspapers or other news periodicals.
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.
It shall be unlawful for any person, firm or corporation to erect, place,
maintain or operate on any public street in the Town of West New York any
newsrack without first having obtained a permit from the Building Department
specifying the exact location of such newsrack. 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 Construction
Code Official and approved by the Department of Public Safety, 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 and shall be
signed by the applicant.
A.
Permits may be issued for the installation of a newsrack
without prior inspection of the location, but such newsrack and the installation,
use or maintenance thereof shall be conditioned upon compliance with the provisions
of this chapter. An annual permit fee of $25 per newsrack is required.
B.
Permits shall be issued within five business days after
an application which contains all requisite information and submissions has
been filed with the Building Department.
C.
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.
D.
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 Town of West New York 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 newsrack permitted.
E.
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 Town of West New York against liability for any and all claims for damage
to property, 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
newsrack."
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F.
Before the Department may issue a newsrack permit to
any person, that person shall file with the Building Department 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 newsrack 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 effect 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 newsrack, 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 48 inches in height, 24 inches
in width; or 20 inches in thickness unless publications are made available
at no cost.
B.
No newsrack shall be used for advertising signs or publicity
purposes other than that dealing with the display, sale or purchase of the
newspapers or news periodicals sold therein.
C.
Unless publications are made available at no cost, 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 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 by the distributor
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, if any,
are reasonably free of tears, peeling or fading.
(6)
It shall not have any structural parts which are broken,
unduly misshapen or otherwise dangerous.
F.
It shall be unlawful for any person to place or maintain
any publication or material which is obscene as defined by the United States
Supreme Court in Miller vs. California 413 U.S. 15 (1973) and/or as set forth
in N.J.S.A. 2C:34-2.
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 newsrack 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.
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, except to other newsracks or private property
with the consent of the owner. The Town of West New York hereby expressly
denies any permission for any newsrack to be so affixed or attached to its
municipal property.
D.
Newsracks may be placed next to each other, provided
that the group of newsracks shall not extend for a distance of more than eight
feet along a curb.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within 18 inches 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, 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.
F.
No newsrack shall be permitted in any location zoned
as residential.
Any violation of this chapter shall subject the violator to a fine of
not less than $100 nor more than $500 or to confinement for not more than
90 days in jail, or both. Each newsrack violation will constitute a separate
violation. Each day of said violation shall constitute a separate violation.
For any newsrack that is removed in accordance with this chapter and
then stored by the town, the town shall charge a storage fee of $5 per day.
