[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Rocky Hill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Food and beverage vending machines — See Ch. 103.
Street and sidewalk obstructions — See Ch. 167, Art. I.
[Adopted 6-2-1986 by Ord. No. 5-86]
[Added 5-6-1991 by Ord. No. 4-91]
A. 
The uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.
B. 
Newsracks improperly located cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein constitute public nuisances.
C. 
The proliferation of newsracks placed in and upon the public rights-of-way has created a need for municipal regulation of the use and placement of said newsracks in order to alleviate problems created thereby.
D. 
The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health and general welfare of persons in the Borough of Rocky Hill in their use of public rights-of-way.
[Added 5-6-1991 by Ord. No. 4-91]
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 Borough 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 shall be deemed to be the distributor unless information as to another person being the actual distributor is given to the Borough.
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 and sidewalks.
It shall be unlawful for any person to cause, place, maintain or continue, or cause to be placed, maintained or continued, a newspaper vending machine upon any part of the public highways, including sidewalks, curbs and gutters, of the Borough, except under the following conditions:
A. 
No machine shall exceed 60 inches in height, 24 inches in width or 20 inches in thickness.
B. 
No machine shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper sold therein.
C. 
Each machine shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin return mechanisms shall be maintained in good working order.
D. 
Each machine shall have affixed to it a readily visible place so as to be seen by anyone using the machine 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 article.
E. 
All vendors shall repaint or replace a machine whenever it has become scratched, marred, or otherwise damaged so as to detract from the appearance of the community. Specifically, but without limiting the generality of the foregoing, each machine 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 of inserts thereof, if any, are reasonably free of tears, peeling or fading.
(5) 
The structural parts thereof are not broken or unduly misshapen.
F. 
No machine 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.
G. 
No machine shall be permitted to rest upon, in or over any public sidewalk, when such installation, use or maintenance impedes the flow of pedestrians, unreasonably interferes with the ingress or egress from any residence or place of business, or otherwise endangers the safety of persons or property.
H. 
All machines shall be chained, bolted or otherwise secured so as to prevent their being blown down or around the public right-of-way.
I. 
Wherever more than one machine is placed at a location by one or more companies, such machines should be aligned in such a manner as to provide a uniform grouping and minimize incursions into the public right-of-way, provided that no group of machines shall extend for a distance of more than four feet along a curb and at least six feet shall separate each group of machines.
J. 
No machine shall be placed, installed, used or maintained:
(1) 
Within three feet of any marked crosswalk.
(2) 
Within 12 feet of a curb return of any unmarked crosswalk.
(3) 
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility.
(4) 
Within five feet of any driveway.
K. 
No vending machine shall be placed or maintained in a residential district (unless the use of the property in question is nonconforming or commercial) or adjacent to any property, used solely as a residence, in a sight triangle (as defined in the Development Regulations Ordinance[1]) or on streets primarily intended for access to individual properties and designed for local traffic.
[1]
Editor's Note: The Borough Development Regulations Ordinance is on file in the office of the Municipal Clerk.
L. 
Machines may not be affixed, or attached in any manner to a fire hydrant, traffic signals, traffic control and road signs or poles, or mail boxes.
M. 
No machine may be placed in an area where there is not a twelve-foot roadway shoulder adjacent to the machine so that a motor vehicle may stop without interfering with traffic.
[Added 5-6-1991 by Ord. No. 4-91]
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 Borough of Rocky Hill any newsrack without having first obtained a permit from the Borough Clerk 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.
[Added 5-6-1991 by Ord. No. 4-91]
Application for permit(s) shall be made, in writing, to the Borough Clerk, upon such form as shall be provided and shall contain the name and address of the applicant and the proposed specific location of the newsrack or newsracks and shall be signed by the applicant or, if the applicant is other than a natural person, by an authorized agent of the applicant. Said applicant shall be presumed to be the distributor of the permitted newsrack or newsracks for the purpose of effecting any notice or taking any action provided for herein.
[Added 5-6-1991 by Ord. No. 4-91]
A. 
Permits shall be issued for the installation of a newsrack or newsracks within three business days after the application has been filed. The permit for such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon the observance of the provisions of this article. A permit fee of $10 for each newsrack is required to defray the costs to the Borough for the administration and enforcement of this article and for the inspection of said news racks.
B. 
Each newsrack shall display a permit sticker, issued by the Borough Clerk, 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 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 section.
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, represent, stipulate, contract and agree that they will jointly and severally defend, indemnify and hold the Borough harmless for 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.
D. 
Before the Borough Clerk may issue issue a newsrack permit to any person, the applicant must execute an indemnification agreement substantially as follows: "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 Borough of Rocky Hill 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."
[Added 5-6-1991 by Ord. No. 4-91]
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.[1]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I, General Penalty.
B. 
A summons shall be sent by the Borough Constable 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 the 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 distributor shall be notified of the Borough'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 of the where the distributor may reclaim the newsrack after its removal. At the expiration of five days, if the violation remains uncured, the permit shall automatically be deemed to be revoked, and the newsrack shall be seized by a representative of the Borough. The distributor may reclaim the rack upon payment of a carting fee of $35 and a storage fee of $3 per day. The storage fee shall be assessed for each day, or any part thereof, that said newsrack must be stored by the Borough. 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 Borough Constable 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 Constable and removed to storage. Any such seizure shall be reported as soon as reasonably possible to the Borough Clerk, who shall thereafter notify the distributor of the seizure of the newsrack as soon as possible. The owner may thereafter reclaim the newsrack upon the payment of the storage and carting fees set forth above and may thereafter 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 for a permit.
D. 
Issuance of a permit by the Borough Clerk and display by the distributor of a valid permit sticker shall not prevent the seizure of a newsrack by the Borough if the actual placement of the newsrack poses a real and imminent threat to vehicles or pedestrians or otherwise violates this article.
[Added 5-6-1991 by Ord. No. 4-91]
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 Borough officials. Notice of such removal shall be sent to the owner and shall set forth the location where the newsrack may be reclaimed upon payment of the storage and carting fees set forth above.