[Adopted 11-18-1985 by Ord. No. 85-35 (Sec.
3-11 of the Revised General Ordinances); amended
in its entirety 12-27-1988 by Ord. No. 88-47]
As used in this article, the following terms
shall have the meanings indicated:
A vending machine from which it is intended that single copies
of a publication or printed matter may be purchased.
Any dispensing machine from which it is intended that single
copies of printed material (such as newspapers, magazines, booklets,
etc.) may be dispensed.
That portion of a street improved, designated or ordinarily
used for vehicular traffic.
That portion of a street bordering the roadway and not ordinarily
intended to be used for vehicular traffic, whether improved or unimproved.
Honor boxes or publication dispensing machines may be placed within the Township of West Windsor, subject to the restrictions contained in § 183-10 below.
A.
Location. No honor boxes or publication dispensing
machines shall be erected, placed or maintained in any of the following
locations within the township:
(1)
Locations for which the placement of an honor box
or publication dispensing machine will create an imminent, unreasonable
hazard to pedestrians or traffic or interfere with the response to
an emergency situation by a public officer, fire fighter, ambulance
corps or medic. Such locations shall be limited to areas adjacent
to the roadways of Alexander Road, Canal Point Boulevard, Conover
Road and Village Road East and West; and those which, in the judgment
of the Chief of Police, will create such a hazard or interference.
The Chief of Police, in making such determinations, shall consider
posted speed limits, sight distances, peak hour traffic volumes and
the availability of shoulders or parking areas in which vehicles may
be parked in order for the operator or passenger to use the box or
machine without blocking a travel lane in whole or in part. The Police
Department may summarily relocate to the nearest location not creating
such hazard or interference honor boxes or publication dispensing
machines located in the public right-of-way in locations prohibited
by this section and shall report the relocation to the owner of the
box or machine as soon as reasonably possible. The owner may thereafter
relocate the box or machine to any location which is in compliance
with this article.
(2)
Sight triangles.
B.
Other locational criteria. Any honor box or publication
dispensing machine 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 following:
(1)
No honor box or publication dispensing machine shall
be used or maintained which projects onto, into or over any part of
the roadway of any public street or sight triangle or which rests
wholly or in part upon, along or over any portion of the roadway of
any public street.
(2)
No honor box or publication dispensing machine shall
be permitted to rest upon, in or over any public sidewalk when such
installation, use or maintenance:
(a)
Endangers the safety of persons or property.
(b)
Unreasonably interferes with or impedes the
flow of pedestrians or vehicular traffic, including any legally parked
or stopped vehicle.
(c)
Unreasonably interferes with the ingress or
egress from any residence or place of business.
(d)
Unreasonably interferes with the use of traffic
signs or signals, hydrants or mailboxes permitted at or near said
location.
(3)
Honor boxes or publication dispensing machines may
be placed next to each other, provided that no group of honor boxes
shall extend for a distance of more than four feet along a curb.
(4)
No honor box or publication dispensing machine shall
be placed, installed, used or maintained:
(a)
Within three feet of any marked crosswalk.
(b)
Within five feet of any fire hydrant, fire call
box, police call box or other emergency facility.
(c)
Within five feet of any driveway.
(d)
Within three feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping.
(e)
In locations which block display windows.
D.
Maintenance of machines. Honor boxes or publication
dispensing machines shall be maintained in clean condition and in
good repair at all times. Each machine shall be serviced or maintained
so that the following standards are satisfied:
(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 thereof.
(4)
The clear plastic or glass parts thereof, through
which the publications are viewed, are unbroken and reasonably free
of cracks.
(5)
The structural parts thereof are not broken or deformed.
(6)
The coin-return mechanism is in good working order.
(7)
A metal plate or other type of weatherproof notice
is affixed in a readily visible place on the machine, setting forth
the name, address and telephone number of the distributor, so that
someone using the machine can report a malfunction or secure a refund
in the event of a malfunction of the coin-return mechanism.
(8)
Grass, weeds and other vegetation in the vicinity
of the machine are maintained to a level consistent with that of the
adjacent property.
(9)
It is chained, bolted or otherwise secured so as to
prevent its being blown down or around the public right-of-way, or
from tilting, tipping or overturning.
(10)
It is not used for advertising signs or publicity
purposes other than that dealing with the display, sale or purchase
of a newspaper or periodical sold therein.
