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.
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.
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.