[Adopted 5-5-2003 by Ord. No. 1573-03]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
The person, natural or otherwise, who seeks a permit for the placement of a newsrack within the City and includes any other persons, firms, corporations or organizations on whose behalf the application is made.
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack in a public right-of-way. For the purposes of this article, the person named as the applicant for a permit, under, § 259-21, shall be deemed to be the distributor.
NEWSPAPER
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, or any newspaper filed and recorded with any recording officer as provided by general law, as well as any other periodical publication.
NEWSRACK
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.
PARKWAY
That area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.
PERSON
Natural person or corporate or other legal entity.
ROADWAY
That portion of a street improved, designated or ordinarily used for vehicular travel.
SIDEWALK
Any surface provided for the exclusive use of pedestrians.
STREET
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 way or place in the City of Passaic any newsrack without first having obtained a permit from the City Engineer specifying the exact location of such newsrack or newsracks. One permit application may be submitted to include any number of newsracks and shall be signed by the applicant. A new permit application shall be required in the event the applicant wishes to place additional newsracks not identified in the initial application for permit or to relocate a newsrack or newsracks for which a permit has been issued.
Application for an initial or renewal permit shall be made, in writing, to the City Engineer, upon such form as shall be provided and shall contain the name and address of the applicant and the proposed specific location of said newsrack or newsracks, shall be signed by the applicant or, if the applicant is other than a natural person, by an authorized agent of the applicant, and shall be accompanied by a check payable to City of Passaic in the amount of the fee specified below. Said applicant shall be presumed to be the distributor of the permitted newsrack or newsracks for the purpose of affecting any notice or taking any action provided for herein.
A. 
Permits shall be issued for the installation of a newsrack or newsracks within five business days after the application has been filed. The permit for each such newsrack and the installation, use or maintenance thereof shall be for a period of up to two years as set forth in this article and shall be conditioned upon observance of the provisions of this article. A permit fee of $100 for each newsrack identified in the permit application is required to defray the costs to the City for administration and enforcement of the section and for inspection of said newsracks.
[Amended 4-10-2012 by Ord. No. 1899-12]
(1) 
All permits shall expire on April 15 of every even-numbered year (2004, 2006, etc.). Renewal forms shall be available from the City Engineer upon written request. Said form shall be used by any applicant wishing to obtain a renewal permit, shall be submitted in the same manner as an application for an initial permit, as set forth in § 259-21, and shall be accompanied by the renewal fee of $100 in accordance with § 259-22A. Failure of the City to notify a permit holder of the need to renew a permit shall not excuse a failure of the permit holder to renew its permit on or before the expiration date.
(2) 
Fees shall not be prorated or refunded, except that in the case of an application which is refused because upon review the proposed location is determined to be not acceptable, 1/2 of the fee will be refunded. All applicants shall pay the same fee regardless of the date of the application, and all permits shall expire on the same date. No partial refunds will be made for newsracks which are removed prior to the expiration date of their permits.
B. 
Each newsrack shall display a current permit sticker, issued by the City Engineer, which shall contain the name of the distributor and the particular location, as listed in the permit application, where the newsrack displaying the sticker shall be placed. Said sticker shall be affixed in clear view in the upper right corner of the side of the newsrack facing the roadway. Placement of a newsrack without a permit sticker or in a location other than that stated on the sticker shall constitute a violation of this article.
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, unless they either represent, stipulate, contract and agree that they will jointly and severally defend, indemnify and hold the City 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; or, in the alternative, file with the City Engineer a liability insurance policy of a company duly licensed to transact business under the insurance laws of this state naming the City of Passaic as an insured under the policy. The minimum amount of general liability insurance required under this provision shall be $500,000, and may be accomplished by adding the City of Passaic as a named insured on an existing liability insurance policy. Proof of liability insurance coverage must be filed with the City Engineer prior to the issuance of any permit if this option is chosen.
[Amended 9-15-2003 by Ord. No. 1588-03]
D. 
Any indemnification agreement executed pursuant to § 259-22C must contain language substantially similar to the following:
[Amended 9-15-2003 by Ord. No. 1588-03]
"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 City of Passaic 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 for the control, maintenance or ownership of the newsracks permitted."
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 48 inches in height, 24 inches in width or 20 inches in depth.
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 contained therein. Any such advertising or publicity signs which may be permitted on a newsrack in accordance with this subsection shall be painted, embossed or otherwise permanently affixed to the newsrack.
C. 
Each newsrack, if coin-operated, 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 mechanism 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 a coin-return mechanism or to give the notices provided for in this article.
E. 
Each newsrack shall be installed in a manner as designated by the City Engineer for the purpose of ensuring that the newsrack will be prevented from moving, falling or swiveling from less than extraordinary external force exerted upon it.
F. 
No newsrack shall be chained, bolted or otherwise attached to any tree, fixture, utility pole, parking meter stand, signpost or other property located in the public right-of-way.
G. 
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 fadings.
(5) 
The structural parts thereof are not broken or unduly misshapen.
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 the City determines that 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 vehicle;
(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. 
Providing that no individual newsrack violates any of the provisions of this chapter, up to three newsracks may be placed next to or close to each other, provided that they are placed parallel to the edge of a roadway, and provided further that additional newsracks or groups of newsracks shall be placed at a distance of at least 10 feet from any such group of newsracks. The provisions in this subsection shall not apply to newsracks placed in locations which have been approved in advance by the Chief of Police due to the absence of a flow of pedestrian traffic in the requested location.
D. 
No newsrack shall be placed, installed, used or maintained:
(1) 
Within five feet of any marked crosswalk;
(2) 
Within 15 feet of the curb return of any unmarked crosswalk;
(3) 
Within five feet of any traffic control sign;
(4) 
Within 10 feet of any fire hydrant, fire call box, police call box or other emergency facility;
(5) 
Within five feet of any driveway;
(6) 
Within three feet ahead or 15 feet to the rear of any sign marking a designated bus stop;
(7) 
Within three feet of the outer ends of any bus bench; or
(8) 
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
A. 
Any person or persons, firm, partnership, association or corporation or employee thereof who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $200.
B. 
A summons shall be issued by the City Police Department to the distributor of the newsrack setting forth the nature of any such violation, the fine for same and providing for a hearing before the Municipal Court, upon request of the distributor, within 30 days from the date of the issuance of said summons. Any violation must be cured within a period of 10 days from the issuance of the summons or, if a hearing has been requested and held, at the direction of the Court. If the violation is not so cured, the City Engineer shall notify the distributor of the City's intent to revoke the permit for said newsrack and to remove the newsrack five days after the issuance of the notice. Said notice shall set forth the location where the distributor may reclaim the newsrack after its removal. At the expiration of five days, if the violation remains unsured, the permit shall automatically be deemed to be revoked, and the rack shall be seized by the City. The distributor may reclaim the rack upon payment to the City Engineer of a carting fee of $50 and a storage fee of $5 per day. The storage fee shall be assessed for each day, or any part thereof, that said newsrack must be stored by the City following seizure. Said newsrack shall not again be installed unless the distributor submits a new application and permit fee and receives a new permit sticker.
C. 
Upon a determination by the City that a newsrack has been installed, used or maintained in such a way as to pose a real and imminent threat to pedestrians or vehicles, said newsrack shall be seized by the City and removed to storage. Any such seizure shall be reported as soon as reasonably possible to the City Engineer, who shall thereafter notify the distributor as soon as possible of the seizure and disposition of the newsrack. The owner may thereafter reclaim the newsrack upon payment of a fee of $25 and may relocate the newsrack to any location not presenting a real and imminent danger and otherwise complying with the terms of this article, including the requirement of a permit.
D. 
Issuance of a permit by the City Engineer and display by the distributor of a valid permit sticker shall not prevent the seizure of a newsrack by the City if the actual placement of the newsrack poses a real and imminent threat to vehicles or pedestrians or otherwise violates this article.
E. 
The City Engineer shall make provision for the appropriate storage of newsracks seized under these regulations, but neither the City Engineer nor the City or any other officer or employee of the City shall be liable for any damage to such newsrack.
In the event that a newsrack remains empty for a period of 30 continuous days, it shall be deemed abandoned and shall be removed by the City. The City Engineer shall send notice of such removal to the owner, which shall set forth the location where the newsrack may be reclaimed upon payment to the City engineer of a fee of $25.