[HISTORY: Adopted by the Mayor and Council of the Borough of Spring Lake by Ord. No. 15-1999 (§ 4-7 of the Revised General Ordinances). Amended in its entirety 7-27-2010 by Ord. No. 2010-08. Subsequent amendments noted where applicable.]
The regulation of newspaper distribution boxes, as provided for in this chapter, is intended to advance the public purposes of furthering vehicular and pedestrian traffic safety, preventing obstructions to vehicular and pedestrian traffic, facilitating the maintenance of public sidewalks and public areas and preventing unsightly and aesthetically undesirable uses of public sidewalks, public areas and other areas open to public view, while providing reasonable access to newspaper distribution boxes.
As used in this chapter, the following terms shall have the following meanings:
- The public walkway along the dedicated beachfront and the approaches to the boardwalk from Ocean Avenue.
- DISPLAY WINDOW
- A window used for the display of merchandise.
- To place, install, maintain or operate a newspaper distribution box.
- MODULAR NEWSRACK BOX ASSEMBLY ("MNBA")
- A unit that has assembled together two or more newspaper distribution boxes in a housing that is supported by one or more pedestals. The modular newsrack box assembly is then permanently attached to a sidewalk or concrete pad by bolts or other such fasteners. Newspapers are distributed by placing such newspapers in the various newspaper distribution boxes by various newspaper vendors. Two or more newspaper vendors may distribute newspapers from a modular newsrack box assembly.
- NEWSPAPER DISTRIBUTION BOX
- Any self-service or coin-operated dispenser installed, used or maintained within a modular newsrack box assembly ("MNBA") for the purpose of offering for sale, vending, distributing or giving away any publication.
- Any individual, firm, corporation, partnership, association or other entity.
- Any newspaper, magazine, periodical or similar printed manner.
- The Portion Of A Street Improved, Designed Or Ordinarily Used For Vehicular Travel
- The area between the edge of the roadway and the property line adjacent thereto, including both paved and unpaved areas.
- All areas dedicated to public use for public street purposes, including, but not limited to roadways, alleys and sidewalks.
- UNPROTECTED LANDSCAPED AREA
- An area improved with flowers or shrubs that is not protected by either a manmade barrier, such as a fence, or a natural barrier, such as a hedge.
No person shall maintain a newspaper distribution box on a sidewalk, boardwalk, or at an outdoor location visible from a sidewalk, boardwalk, or roadway except within an MNBA and in accordance with the provisions of this chapter.
The vending of newsracks by way of newspaper distribution boxes is only permitted through the use of MNBA units. Only MNBA units shall be permitted to be installed on the public sidewalks, public property, and on the exterior of any building on private property in the Borough. MNBA units shall not be permitted to be placed in residential zones. No other newspaper distribution boxes, MNBA units, or other such newspaper vending units shall be permitted to be placed anywhere in the Borough, except as is provided in this chapter.
The newspaper vendor shall be obligated to purchase at its expense its own newspaper distribution boxes and also to share in the cost of the purchase of the MNBA unit with other newspaper vendors sharing the MNBA unit in question. In the event that the Borough purchases either the newspaper distribution box and/or the MNBA unit for and on behalf of a newspaper vendor or vendors, such newspaper vendor or vendors shall reimburse the Borough for its out-of-pocket expense for such purchases, wherein each vendor shall pay its proportionate share of such out-of-pocket expenses. The Borough shall not receive any additional money above and beyond that which it expended for the newspaper distribution boxes and/or the MNBA unit. The Borough prefers that the newspaper vendors purchase the newspaper distribution boxes and the MNBA units.
Maintenance, repair, and service of each newspaper distribution box and MNBA unit shall be the obligation of the newspaper vendors respectively. In the event the Borough expends any moneys for such, the Borough shall be reimbursed its expenditures by the newspaper vendors who are obligated to make such expenditures. Prior to the Borough performing any maintenance, repairs or service to the newspaper distribution boxes and/or MNBA units, the Borough will take reasonable steps and efforts to cause the responsible newspaper vendors to perform such maintenance, repair and/or service.
The style, color, size, material, and design of the newspaper distribution box and the MNBA unit, as well as its location, shall be determined by the Borough.
The installation locations of the MBNA units on the public property or public sidewalks within the Borough shall be selected by the Borough as described in more detail herein. The newspaper vendors shall be obligated to arrange for the installation work for each MNBA unit installed on the public sidewalks or public property, at the newspaper vendor's own expense.
The MNBA units can accommodate multiple newspaper distribution boxes. There is no limit on the reasonable number of MNBA units that can be located in the Borough in compliance with this chapter.
There is no limit to the reasonable number of newspaper distribution boxes that a particular newspaper vendor can utilize, except that a newspaper vendor is permitted to have only one newspaper distribution box per MNBA unit whenever other newspaper vendors wish to utilize a newspaper distribution box in such MNBA unit. For the purposes of this chapter, a double newspaper distribution box is considered as one newspaper distribution box.
There are no time restrictions as to when the public may access the newsracks to obtain newspapers; that is, such access may occur 24 hours per day, seven days per week, since the MNBA's are not located in the residential districts.
Any other type of individual freestanding newspaper vending machines, boxes, newsracks, etc., whether coin-operated or otherwise, are prohibited in the Borough. Any such prohibited units existing after the adoption of this chapter (July 27, 2010) shall be removed by the particular owner of such unit no later than 90 days after the effective date of this chapter or at an earlier date when such newspaper vendor has been afforded the opportunity of replacement distribution by utilization of a newspaper distribution box in an MNBA unit or units from which to distribute newspapers in accordance with this chapter.
After the adoption of this chapter, newspaper vendors shall take timely action to comply with the terms of this chapter. A newspaper vendor may seek, in writing, an extension of the ninety-day removal time limit, for just cause, stating the newspaper vendor's reasons why such extension should be granted; provided that such newspaper vendor had taken timely action to comply with this chapter and its reasons for noncompliance are due to reasons other than the action or inactions of the newspaper vendor requesting the extension the Borough will not unreasonably deny such requests for an extension.
The owner of each newspaper distribution box shall file a completed registration form for each such box with the Zoning Officer and pay the applicable inspection fee within one business day of initially locating or changing the location of any such box within the Borough of Spring Lake.
In the case of newspaper distribution boxes located within the Borough as of the effective date of this chapter, the owner of any such box shall comply with the registration requirements within 30 days of said effective date.
The registration for each newspaper distribution box shall be valid for one year from the date of registration. A new registration form shall be filed on or prior to the expiration of said one-year registration period.
Registration forms, which shall be provided by the Zoning Officer, shall require the registrant to state the following:
The name and address of the owner of the newspaper distribution box.
The specific location of the newspaper distribution box, which reference to the position of the box in the MNBA and the street address of the property in front of which it is located.
An accurate description of the newspaper distribution box, including its dimensions and any unique identifying mark, such as its serial number.
The name, title and address and telephone number of an individual responsible for repair and maintenance of the box and to be served with any notice provided for under this chapter.
The name, title and address of the individual completing the registration form, which individual shall be a duly authorized representative of the owner of the newspaper distribution box. The named individual shall sign the registration form, which signature shall signify his or her belief that the information contained therein is accurate.
A separate registration form must be filed for each newspaper distribution box.
The annual fee for each such inspection shall be $10 per box.
Subject to the provisions of Subsection C below, an MNBA maintained on a sidewalk shall be either:
No person shall place, install, maintain or operated an MNBA at any of the following locations:
On or projecting over any portion of a roadway.
Within six feet of any marked crosswalk as measured along the curbline.
Within 15 feet of a curb return of any unmarked crosswalk, as measured along the curbline.
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within six feet of any driveway which provides access to a street.
Adjacent to the curb at any bus stop, as designated by § 7-25 of the Spring Lake Borough Code, if located so as to obstruct or unreasonably interfere with pedestrian access to buses.
Except with the owner's written permission, within six feet, as measured along the building line, of any display window of any building abutting the sidewalk or at any location which impedes or interferes with the reasonable use of such window for display purposes or in front of any other window if it will block in any way the view into or out of the window.
Within three feet of any publicly owned, unprotected landscaped area.
At any location where installation of the MNBA would reduce the clear space for the passage of pedestrians to less than four feet.
At any location where the MNBA would unreasonably interfere with or obstruct the flow of pedestrian or vehicle traffic, the ingress into or egress from any residence, place of business or any legally parked or stopped vehicle or at any location where the machine would endanger the safety of persons or property.
At any location where the MNBA would unreasonably interfere with the use of poles, posts, traffic signs, traffic signals, hydrants, mailboxes or other objects permitted at or near such location.
Within 1,000 feet of any other MNBA containing the same publication on the boardwalk.
Within 500 feet within the same block and on the same side of a street of any other MNBA containing the same publication on a street or sidewalk.
Within 10 feet of any access area from the boardwalk leading to the beach or within 10 feet of any approach to the boardwalk from Ocean Avenue if the approach is less than six feet wide.
No MNBA shall be placed or maintained on a sidewalk or boardwalk opposite another MNBA.
Every newspaper distribution box and MNBA which is subject to the provisions of this chapter shall comply with the following standards:
No newspaper distribution box shall be larger than five feet in height, 30 inches in width and two feet in depth.
No MNBA shall be chained, bolted or otherwise attached to any private or public property without the consent of the owner of such property.
MNBA units shall not be chained or otherwise joined together.
No MNBA shall weigh, in the aggregate, in excess of 125 pounds when empty.
No box or MNBA shall be used for advertising, signs or publicity purposes, other than to identify the publication sold or distributed therein.
Each box and MNBA shall be maintained in a clean, neat and well-painted condition and in good repair at all times.
The owner of each box shall permanently affix thereto his name, address and telephone number in a place where such information may be easily seen.
The owner shall empty and refill the box no less often than each time its publication is published. Failure to comply with this subsection, for more than three consecutive publications, shall be deemed an abandonment of the box and shall result in the owner's forfeiture of the right to maintain said box at such location for the remainder of the registration period. Such box shall be removed, by the owner, within three days of receipt of the notice of abandonment resulting from a violation of this subsection.
If any newspaper distribution box or MNBA is determined to violate any of the provisions of this chapter, then a notice of violation shall be sent to the person designated to receive notices in the registration form.
The notice shall state the specific provisions of this chapter which have not been adhered to and notify the owner that the box must either be removed or brought into compliance with the specified provisions of this chapter within seven business days. If the owner elects to cure the specified violation or violations within said time period, then the owner shall take all necessary curative actions prior to the expiration of said time period.
Upon request, the official issuing a notice of violation shall meet with the recipient of such notice to discuss the basis for the determination that a violation exists and any proposed means of eliminating any violations. A request for such a meeting shall not toll the time for correcting or eliminating any violation unless the official is unavailable for a meeting at any reasonable time within three business days following the receipt of a request. Following any such meeting, the official issuing the notice of violation may rescind the notice if he determines that there was no violation. The official may also grant an extension of up to one week for the correction of any violation, upon request and a showing of good cause.
The police of the Borough of Spring Lake may impound any newspaper distribution box or MNBA that creates an imminent danger of personal injury or property damage to pedestrians or vehicles.
Upon impounding any box or MNBA, the police shall make reasonable efforts to give prompt notice to the owner by telephone, and written notice of any impoundment shall be sent to the owner of the impounded box or MNBA within one business day. The owner shall be entitled to obtain the return of any impounded box from the police upon request during normal business hours, provided that the box is not being held as evidence in any criminal proceeding.
Any person who violates any of the provisions of this chapter after having been served with a notice of violation and having failed to correct or eliminate said violation or violations in accordance with § 245-10, shall be subject to the penalties as provided in Chapter I, Article II, General Penalty. Each violation of a separate subsection of this chapter and each violation by a different newspaper distribution box shall constitute a separate offense.