[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Hillside 12-20-1983 as Ord.
No. G-234-83 (Ch. VII, Sec. 7-19, of the 1971 Code). 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 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 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.
The showing of less than a fully opaque covering of the genitals,
pubic hair, buttocks, natal cleft, perineum, anus or anal region of any person,
other than a child under the age of puberty, or any portion of the breast
at or below the areola thereof of any female person other than a child under
the age of puberty or the depiction of covered male genitals in a discernibly
turgid state.
The work in which the representations appear, taken as a whole, appeals
to the prurient interest and patently depicts or portrays the prohibited sexually
explicit material in a manner which, taken as a whole, lacks serious literary,
artistic, political or scientific value.
Any material suggesting or conveying a visual image and includes
but is not limited to a photograph, painting or drawing.
That portion of a street improved, designated or ordinarily used
for vehicular travel.
Any pictorial material depicting human sexual intercourse, human
or animal masturbation, bestiality, oral intercourse and intercourse, human-animal
intercourse, excretory functions, homosexual acts, direct physical stimulation
or touching of unclothed genitals or pubic areas of the human male or female,
flagellation or torture by or upon a person in the context of a sexual relationship
or sexual stimulation. The material shall be judged without regard to any
covering which may be affixed or printed over the material in order to obscure
genital areas in a depiction otherwise falling within the definition of these
subsections. Works of art or of anthropological significance are not included
within this definition.
Any surface provided for the exclusive 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 or sidewalk or in any other public
place or way in the Township of Hillside any newsrack without first having
obtained a permit from the Township Clerk 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 Township
Clerk and approved by the Township Council 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 and maintenance thereof shall be conditioned
upon observance of the provisions of this chapter. An annual permit fee of
$10 per newsrack is required.
B.
Such permits shall be valid for a period of one year, beginning January 1 and expiring December 31 of the same year, and shall be renewable pursuant to the procedure for original applications referred to in § 214-3 and upon payment of the permit fee of $10 per newsrack.
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, represent,
stipulate, contract and agree that they will jointly and severally defend,
indemnify and hold the Township 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 a newsrack permit is issued 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 Township of Hillside against liability for any and all claims for damage
to property or injury to or death of persons resulting from or arising out
of the issuance of the permit or the control, maintenance or ownership of
the newsrack permitted."
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E.
Before the issuing authority may issue a newsrack permit
to any person, that person must file with the Township Clerk an insurance
policy of a company duly licensed to transact business under the insurance
laws of this state in the sum of $1,000,000 against loss from liability imposed
by law upon the distributor for damages on account of bodily injury or death
suffered by any one person 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 licenses shall continue effective unless such insurance
in the full and collectible amount of $1,000,000 for one person and $1,000,000
for more than one person for bodily injuries or death and $50,000 for property
damage 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 or parkway 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 that 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 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 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 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, peelings or fading.
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.
Any newsrack which rests in whole or in part upon or on any portion
of a public right-of-way or which projects onto, into or over any part of
a public right-of-way 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 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.
A newsrack or newsracks shall be chained, bolted or otherwise
secured so as to prevent their being blown down or around the public right-of-way,
except that such newsrack or newsracks shall not be secured to fire hydrants,
utility poles or to other public or private utility facilities.
D.
Newsracks may be placed next to each other, provided
that no group of newsracks shall extend for a distance of more than four feet
along a curb.
E.
No newsrack shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within 12 feet of a curb return of any unmarked crosswalk.
(3)
Within five 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 100 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 200 feet of any church, park, playground or public
schoolhouse or private schoolhouse not conducted for pecuniary profit or any
store which, as of the date of this chapter, offered newspapers for sale.
Said 200 feet shall be measured in the normal way that a pedestrian would
properly walk from the nearest entrance of said church, park, playground,
school or store to the location of the newsrack sought to be permitted. The
limitations of this subsection may be waived at the issuance of the license
and at each renewal thereafter on authority of such church, school or store,
such waiver to be effective until the date of the next renewal of the license.
Any person or persons, firm, partnership, association or corporation
or employee thereof who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding $1,000;
imprisonment for a term not exceeding 90 days; and/or a period of community
service not exceeding 90 days.
