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:
BOARDWALK
The public walkway along the dedicated beachfront and the
approaches to the boardwalk from Ocean Avenue.
MAINTAIN
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.
PERSON
Any individual, firm, corporation, partnership, association
or other entity.
PUBLICATION
Any newspaper, magazine, periodical or similar printed manner.
ROADWAY
The Portion Of A Street Improved, Designed Or Ordinarily
Used For Vehicular Travel
SIDEWALK
The area between the edge of the roadway and the property
line adjacent thereto, including both paved and unpaved areas.
STREET
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.
Every newspaper distribution box and MNBA which is subject to
the provisions of this chapter shall comply with the following standards:
A. No newspaper distribution box shall be larger than five feet in height,
30 inches in width and two feet in depth.
B. No MNBA shall be chained, bolted or otherwise attached to any private
or public property without the consent of the owner of such property.
C. MNBA units shall not be chained or otherwise joined together.
D. No MNBA shall weigh, in the aggregate, in excess of 125 pounds when
empty.
E. No box or MNBA shall be used for advertising, signs or publicity
purposes, other than to identify the publication sold or distributed
therein.
F. Each box and MNBA shall be maintained in a clean, neat and well-painted
condition and in good repair at all times.
G. 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.
H. 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.
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.