As used in this article, the following terms
shall have the meanings indicated:
NEWSPAPER VENDING MACHINE
Includes any mechanical device utilized for the sale of newspapers
to the general public which is coin-operated and is not required to
be attended by a salesperson.
[Amended 9-28-1990 by Ord. No. 90-41]
A. Minimum distance required. All newspaper vending machines
shall be required to be a minimum distance from the following items:
(1) Sides of streets: five feet.
(3) Utility poles: five feet.
(8) No-parking areas: 10 feet.
(9) Newspaper vending machines may be placed next to each
other, provided that no group of newspaper vending machines shall
extend for a distance of more than eight feet along a curb. Each group
of newspaper vending machines must be separated by 25 feet.
(12) Public telephones: five feet.
(14) Handicapped parking: 15 feet.
(15) Any public areas improved with lawn, flowers, shrubs,
trees or other landscaping: three feet.
B. Placement.
(1) No newspaper vending machine shall be used or maintained
which projects onto, into or over any part of the roadway of any public
street.
(2) No newspaper vending machine shall be permitted to
rest upon, in or over any public sidewalk when such installation,
use or maintenance:
(a)
Endangers the safety of persons or property;
(b)
Unreasonably interferes with or impedes the
flow of pedestrians or vehicular traffic, including any legally parked
or stopped vehicle;
(c)
Unreasonably interferes with the ingress or
egress from any residence or place of business; or
(d)
Unreasonably interferes with the use of traffic
signs or signals or hydrants or mailboxes permitted at or near said
location.
Any newspaper vending machine which in whole
or in part rests upon or over any public property shall comply with
the following standards:
A. No newspaper vending machine shall exceed 60 inches
in height, 24 inches in width and 20 inches in thickness.
B. Chaining or securing newspaper vending machines onto
public property is hereby prohibited.
C. Each newspaper vending machine 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 newspaper vending machine shall have affixed
to it, in a readily visible area that can be seen by anyone using
the newspaper vending 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.
E. Each newspaper vending machine shall be maintained
in a neat and clean condition and in good repair at all times.
[Amended 9-28-1990 by Ord. No. 90-41;
amended 7-16-1997 by Ord. No. 97-8]
Any newspaper publisher and/or distributor or any other person, firm or corporation responsible for placing, locating, installing or maintaining a newspaper vending machine in violation of any of the provisions of this article shall be punishable as provided in Chapter
1, General Provisions, §
1-15. Each day that the violation is left unabated shall be considered a new and separate offense. In addition, the Borough reserves the right to move any improperly located newspaper vending machine to a location consistent with the requirements of this article.
The provisions of this article shall be enforced
by the Borough Zoning Officer.