[HISTORY: Adopted by the City Council of the City of Paterson 2-22-2005 by Ord. No. 05-022A; amended in its entirety 2-28-2006 by Ord. No. 06-022. Subsequent amendments noted where applicable.]
Intent and purpose. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, morals and general welfare of persons in the City of Paterson in their use of private property and public rights-of-way through the regulation of placement, appearance, number, size and servicing of newsracks on private property and the public rights-of-way so as to:
Provide for pedestrian and driving safety and convenience.
Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress to or egress from any place of business or from the street to the sidewalk.
Provide reasonable access for the use and maintenance of commercial stores, sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes and similar appurtenances and access to locations used for public transportation purposes.
Preservation of constitutional rights. It is not the intent of this chapter to in any way discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of any printed material that is constitutionally protected.
As used in this chapter, unless the context otherwise clearly indicates:
- One side of a street between two consecutive intersecting streets.
- The person responsible for placing and maintaining a newsrack on private property or in a public right-of-way.
- Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers, other news periodicals, or other printed matter.
- PARKING LOT
- Any public or private area, paved or unpaved, designated for the purpose of providing parking to the public.
- The area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway that is not open to vehicular travel.
- Any person or persons or entity, including, but not limited to, a corporation, partnership, unincorporated association or joint venture.
- That portion of a street improved, designed or ordinarily used for vehicular travel, including the shoulders thereto.
- Any surface provided for the exclusive use of pedestrians, whether public or private.
- All the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
Any newsrack which rests in whole or in part upon or on any portion of private property or a public right-of-way, including on the parking lots, parkways, sidewalks, streets or roadways, or which projects onto, into or over any part of a public right-of-way, shall be located in accordance with the following provisions of this section:
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.
No newsrack shall be chained, bolted or otherwise attached to any fixture located in the public right-of-way, except to other newsracks.
No more than three newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than nine feet along a curb, sidewalk, parking lot, street, roadway or otherwise, whether on public or private property, and a space of not less than 18 inches shall separate each group of newsracks.
No newsrack shall be placed, installed, used or maintained:
Within three feet of any marked crosswalk.
Within the curbed portion of the curb return of any unmarked crosswalk.
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within three feet of any driveway, whether public or private.
Within 10 feet to the rear of any sign or other demarcation marking the beginning of a designated bus stop.
Within three feet of any bus bench, except where the bench is within a bus shelter, in which event this restriction shall not apply, provided that the news dispenser is not placed within such bus shelter.
Within the public sidewalk curb ramp designed to accommodate persons with disabilities or along the curbline within five feet of any parking spot for disabled persons.
Where the placement of the newspaper box would reduce the width of the sidewalk to less than three feet.
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 the person is unable to receive the paid-for publication. The coin-return mechanism shall be maintained in good working order.
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.
Each newsrack shall be maintained in a neat and clean condition and in good repair at all limes. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
It is reasonably free of dirt and grease;
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;
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 discoloration;
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and
The structural parts thereof are not broken or unduly misshapen.
Violators are subject to a penalty of imprisonment for not more than 90 days, by a fine not exceeding $2,000, or by a period of community service for not more than 90 days, or any combination thereof.