[HISTORY: Adopted by the Governing Body of the Borough of Allendale 9-13-2001. Former Ch. 167, Newsracks, adopted 11-14-1991, was repealed 9-13-2001. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CIRCULAR
An announcement, advertisement or directive typically in the form of a printed leaflet intended to be sent to many persons or otherwise distributed widely to the public.
DISTRIBUTOR
The person responsible for placing and maintaining a newsrack in a public street as herein defined.
MAGAZINE
A periodical which usually contains a miscellaneous collection of articles, stories, poems and pictures, and is directed to the general reading public.
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, and any newspaper filed and recorded with any recording officer as provided by general law.
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, magazines, pamphlets or circulars.
PAMPHLET
A printed publication having a format with no binding and no cover, or with a flush paper cover, and often fastened with side or saddle stitches.
ROADWAY
That portion of a street improved, designated or ordinarily used for vehicle travel.
SIDEWALK
Any surface provided for the 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 is the purpose and intent of this chapter, in the interests of aesthetics, public safety, and the general welfare of the Borough, to reasonably regulate the placement, maintenance and operation of newsracks under the authority of N.J.S.A. 40:52-1(g), 40:52-2 and 40:48-2. The Borough of Allendale has heretofore completed significant improvements to the West Allendale Avenue business district and continues in its effort to revitalize and beautify this district. Accordingly, it is the further intent of the Borough to maintain the aesthetic quality of the business district by regulating the placement of newsracks in that district in accordance with the provisions hereof.
A. 
No person, firm or corporation shall place, maintain or operate any newsrack within the Borough of Allendale, except in conformity with the requirements of this chapter.
B. 
Newsracks are prohibited from being positioned, placed or allowed to be positioned or placed along the northerly and southerly sides of West Allendale Avenue for the approximate length of 1,200 linear feet commencing at Franklin Turnpike on the east and ending at the intersection with Central Avenue on the west; further, along the northerly side of Myrtle Avenue beginning at the intersection of said northerly right-of-way line of Myrtle Avenue (50 feet wide) with the northerly line of West Allendale Avenue (70 feet wide) and running northwesterly 175.19 feet to the easterly side line of Lot 2 in Block 901, all as shown on the Tax Assessment Map of the Borough of Allendale; furthermore, along the southerly side of Myrtle Avenue beginning at the intersection of said southerly right-of-way line with the northerly side line of West Allendale Avenue and running northwesterly 119 feet to the easterly side line of Lot 3, Block 902. Accordingly, no person, firm, corporation or entity shall place, position or be allowed to maintain any newsrack in the area designated hereinabove.
C. 
Newspaper racks as hereinabove defined shall be permitted on intersecting side streets at the intersecting designated areas of West Allendale Avenue, provided that said newsracks are positioned no less than 30 feet from the West Allendale Avenue and side street intersection. In addition, newsracks shall be permitted in any other location on any other street throughout the Borough of Allendale. For purposes of measurement, the thirty-foot distance shall begin from the intersectional curbline to the point where the curb on West Allendale Avenue turns into the curbline on the adjoining side street. In the case of a curb rounded at the intersection, the thirty-foot distance shall be measured from the projection of the curblines to their point of intersection.
A. 
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street, sidewalk or other public place in the Borough of Allendale any newsrack without first having obtained a permit from the Allendale Construction Code Official specifying the exact location of such newsrack or newsracks. One permit may be issued to include any number of newsracks, which must be identified at the time of application, and shall be signed by the applicant. Application for such permit shall be made, in writing, to the Construction Code Official and approved by the Construction Code Official upon such form as shall be provided by him and shall contain the name and address of the applicant, the proposed specific location of said newsrack or newsracks and shall be signed by the applicant.
B. 
Permits may be issued for the installation of a newsrack or newsracks without prior inspection of the location, but the permits for such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon compliance with the provisions of this chapter. The Construction Code Official shall issue or deny a permit within five business days of the filing of an application.
C. 
The permit shall be valid for a period of one year on a calendar year basis commencing on January 1 and shall be renewable on January 1 of any subsequent year. The annual fee shall be prorated on a daily basis if the permit is issued effective subsequent to January 1. The permit fee shall be in the amount of $15. The fee is intended to cover the cost of processing the application as well as periodic inspection of newsracks. Fees shall be refunded in full if the permit is denied or the application withdrawn after submission.
D. 
If a permit shall be denied, the applicant shall be notified promptly in writing of the specific cause of or reason of such denial by the Construction Code Official, by certified mail, return receipt requested. The applicant shall, upon at least 24 hours' written notice to the Construction Code Official, be permitted to examine any evidence relied upon, wholly or in part, to support the denial. The applicant shall further have the right to request, in writing, addressed to the Borough Administrator and the Construction Code Official, a hearing by the Borough Administrator concerning the denial and reasons therefor, which shall include right to cross-examine any witnesses and present evidence and witnesses to support its position. This request must be filed within seven business days of the applicant's receipt of the denial. Such hearing, if requested, must be held within five business days of the filing of the request, unless further time is consented to by the applicant. Within three business days from conclusion of the hearing, the Borough Administrator will issue his or her decision, in writing, to the applicant.
Any newsrack which, in whole or in part, rests upon or over any public sidewalk, roadway, or street, and which is so permitted in a location under the terms of this chapter, shall comply with the following standards:
A. 
No newsrack shall exceed 60 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 newspapers sold therein.
C. 
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 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 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.
E. 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Each newsrack shall be maintained to prevent the newspapers from being scattered about the area 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 discoloration.
(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.
(6) 
No sharp or jagged edges or other hazardous surfaces are exposed to the general public or users of the newsrack.
Any newsrack which rests, in whole or in part, upon or on any portion of a public street or sidewalk or projects onto, into, or over any part of a public street or sidewalk 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 newsracks shall be permitted to rest upon, in or over any public sidewalk when 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.
(4) 
Unreasonably interferes with the use or visibility of traffic signs or signals, hydrants, or mail boxes permitted at or near said location.
(5) 
Unreasonably interferes with necessary site distance at street intersections and at the intersections of driveways, parking area access aisles and other traveled ways.
C. 
The newsrack or newsracks shall be placed or otherwise secured so as to prevent their being blown down or around the public street or sidewalk, but shall not be chained Or otherwise secured to any traffic or street signs, signals, hydrants, or mail boxes.
D. 
No newsracks shall be placed, installed, used or maintained:
(1) 
Within three feet of any marked crosswalk.
(2) 
Within three feet of a curb or, where no curb exists, within three feet of the edge of pavement.
(3) 
Within 15 feet of any fire hydrant fire call box, police call box, or other emergency facility.
(4) 
Within five feet of any driveway.
(5) 
At any location whereby the newsrack would reduce the clear space for passage of pedestrians to less than six feet.
(6) 
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees, or other landscaping.
(7) 
Within 10 feet of any stand-by or sprinkler connection or related safety or fire equipment.
Any permit issued hereunder may be revoked or suspended after a hearing (which include the right of the permittee to cross-examine and present witnesses) by the Borough Administrator if he shall determine that there are any reasonable grounds to revoke or suspend such permit, such grounds being any violation of this chapter or any grounds upon which the Construction Code Official may refuse to approve the issuance of a permit or deny the issuance thereof. The Construction Code Official shall cause a notice, in writing, to be served upon the permittee or other person or party in charge of the maintenance of the newsrack, citing him to appear before the Borough Administrator at such time and place designated in the notice to show cause why such permit should not be revoked or suspended. The notice shall specify the nature of the violation(s) or other reason(s) for the proposed action, and the nature of the evidence to support the action, and shall be served upon the permittee or aforesaid other person or party, by personal service or by registered or certified mail, return receipt requested, addressed to the permittee's address as shown on the application for a permit, on the particular newsrack(s) which is the subject matter of said notice. Before the hearing, the permittee shall be permitted to examine any evidence in the Borough's possession supporting the aforesaid specific violation or reasons for the action upon at least three business days' written request of the Borough Administrator's office. Upon the conclusion of but no later than three business days after the conclusion of the hearing, the Borough Administrator shall issue his decision, with the written finding of facts upon which his decision is based.
Within 30 calendar days from receipt of written notice of the passage of this chapter, distributors shall be required to comply with the terms of this chapter. In the event compliance is not forthcoming within the stated time period, a distributor shall be subject to the penalties provided herein.
This chapter shall be enforced by the Borough's Construction Code Official. Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or imprisonment of not more than 90 days, or both.