[Adopted 2-4-1985 by Ord No. 1001 (§§ 175-58 to 175-64 of the 1982 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The person responsible for placing and maintaining a newsrack
in a public street as herein defined.
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.
Any self-service or coin operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers or other news periodicals.
That portion of a street improved, designated or ordinarily
used for vehicle travel.
Any surface provided for the use of pedestrians.
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
in the Borough of Leonia, any newsrack without first having obtained
a permit from the Borough Administrator or his designee, specifying
the exact location of such newsrack or newsracks. One permit may be
issued to include any number of newsracks and shall be signed by the
applicant.
Application for such permit shall be made, in
writing, to the Borough Administrator, and approved by the Borough
Administrator, upon such form as shall be provided by them, 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.
A.
Permits may be issued for the installation of a newsrack
or newsracks without prior inspection of the location, but such newsrack
or newsracks, and the installation, use or maintenance thereof shall
be conditioned upon compliance with the provisions of this article.
An annual permit fee of $50 per newsrack is required. The amount of
the fee may be amended by resolution of the governing body at any
time subsequent to the adoption of this article.
B.
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 pro rated
if the permit is issued effective subsequent to January 1.
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, do represent, stipulate, contract and agree that
they will jointly and severally defend, indemnify and hold the Borough
of Leonia harmless against liability for any and all claims, for damage
to property, or injury to or death of persons, including expenses
and costs, 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 Administrator may issue a newsrack
permit to any person, that person 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 Leonia 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 permits."
|
E.
Before the Borough Administrator may issue a newsrack
permit to any person, that person shall file with the Borough Clerk,
an insurance policy of a company duly licensed to transact business
under the insurance laws of this state in the sum of $100,000 for
one person, and for more than one person, $1,000,000 insuring against
loss from liability imposed by law upon the distributor for damages
on account of bodily injury or death suffered, and in the sum of $50,000
against loss on account of property damage suffered by any person
or persons as a result of an accident occurring by reason of the ownership,
control, or maintenance of the newsracks permitted, and no license
shall continue effective unless such insurance, in the full and collectible
amount of $100,000 for one person, and $1,000,000 for more than one
person for bodily injuries or death, and $50,000 for property damages
shall remain in force during the entire term of the license. Such
insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance and
control of such newsracks, or any fault in respect thereto, and shall
be for the benefit of any person suffering loss, damage, or injury
as aforesaid. Said policy shall carry the Borough of Leonia and its
officials as named insured and shall insure the Borough against liability
arising from any claim for damages.
Any newsrack which, in whole or in part, rests
upon, in, or over any public sidewalk, roadway, or street shall comply
with the following standards:
A.
No newsrack shall exceed 48 inches in height; 24 inches
in width; or 20 inches in thickness.
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 mechanisms 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 notices provided for in this article.
E.
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, peeling or fading;
(5)
The structural parts thereof are not broken or unduly
misshapen.
F.
It shall be unlawful for any person or place to maintain
any publication or material in newsracks which exposes to public view
any pictorial material which depicts, or appears to depict, offensive
sexually explicit material.
G.
Each newsrack shall be maintained to prevent the newspapers
from being scattered about the area
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 street or sidewalk when such installation, use,
or maintenance:
(1)
Endangers the safety of persons or property; or
(2)
Unreasonably interferes with or impedes the flow of
pedestrians or vehicular traffic including any legally parked or stopped
vehicles; or
(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.
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 mailboxes.
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;
(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 clear space for the passage
way of pedestrians is reduced 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 500 feet of any other newsrack on the same
side of the street, in the same block, containing the same issue or
edition of the same publication;
(8)
Within 10 feet of any standby or sprinkler connection
or related safety or fire equipment;
(9)
Within five feet of any building, unless written permission
is secured from the property owner and filed with the application.
Any violation of this article shall subject
the violator to a fine of not less than $100 nor more than $1,000
or confinement to not more than 90 days in jail, or both.
