[Adopted 6-15-1999 by Ord.
No. 99-7[1]]
[1]
Editor's Note: This ordinance also superseded former Art. II, Newspaper
Vending Machines, 1-1-1982 as Sec. 4-6 of the 1982 Recodification.
As used in this chapter, the following terms shall have the meanings
indicated:
The person, firm or corporation responsible for placing and maintaining
a news vending machine in a public place in the Borough of East Rutherford.
That surface, whether improved or not, over and by which ingress
and egress is made by vehicles from the roadway of a street and onto or into
private or public property or by which vehicles move from private or public
property onto a street.
Any newspaper, periodical or magazine of general circulation as defined
by general law; any newspaper, periodical or magazine duly entered with the
Post Office Department of the United States in accordance with federal statute
or regulation; and any newspaper, periodical or magazine filed and recorded
with any recording officer as provided by general law.
Any machine, rack, self-service or coin-operated box, container,
storage unit or other dispenser utilized and maintained for the sale and/or
distribution of newspapers, news periodicals/news magazines and any other
similar publication.
That portion of any street improved, designed or ordinarily utilized
for vehicular traffic.
Any surface provided for the exclusive use of pedestrians, including
the area between the curb of any street and the sidewalk, or if there is no
sidewalk, the area between the edge of the street and the property line adjacent
thereto.
All the area dedicated to public use for public street purposes and
shall include by not to be limited to roadways, parkways, alleys and sidewalks.
A.
All distributors, prior to placing any news vending machine
within the confines of East Rutherford, in accordance with this article, shall
apply to the Construction Official to the Borough of East Rutherford for a
permit to place same. The distributor must indicate the location where it
is to be installed, fill out the necessary application and pay the required
fee.
C.
Within seven days from the receipt by the Construction
Official of the Borough of East Rutherford of the distributor's application,
the Construction Official shall contact the distributor by written letter
and inform the distributor whether or not the news vending machines can be
placed and installed as to comport with the regulations set forth in this
chapter.
D.
If the distributor shall receive written notice from
the Construction Official of the Borough of East Rutherford that a news vending
machine cannot be placed or installed in conformity with the regulations set
forth in this chapter, the distributor shall have seven days from the date
of receipt of said notice in which to adjust the placement of the news vending
machine and to request written verification from the Construction Official
of the Borough of East Rutherford that the news vending machine can be placed
or installed in conformity with the terms of this chapter.
E.
Should the distributor disagree with the finding of the
Construction Official of the Borough of East Rutherford that the placement
or installation of a news vending machine is not in conformity with the provisions
and regulations of this chapter, the distributor shall have the right to petition
the Mayor and Council of the Borough of East Rutherford at least three days
before the public meeting next scheduled after the date of receipt of the
notice, for the determination of whether or not the distributor's placement
of the news vending machine meets the requirements set forth in this chapter.
The Mayor and Council of the Borough of East Rutherford shall hear and receive
evidence and testimony of the distributor and the Construction Official of
the Borough of East Rutherford and shall then render a written opinion confirming
or denying the propriety of the distributor's placement of the news vending
machine.
F.
Should the Mayor and Council of the Borough of East Rutherford
determine that the distributor's placement of the news vending machine is
not in accordance with the provisions of this chapter, the distributor shall
have the right to appeal the decision by way of an action in lieu of a prerogative
writ to the Superior Court of New Jersey, Law Division, Bergen County. The
manner and mode of such action is prescribed by the New Jersey Statutes and
Rules of Court.
G.
With respect to any news vending machines that may already be in place prior to adoption of this chapter, and situate on any public sidewalks, rights-of-way or any other public place within the Borough of East Rutherford, the distributor shall have 20 days from the effective date of the chapter to comply with the requirements of this chapter. Failure to do so comply will result in a summons being issued to the distributor pursuant to § 289-7.2 of this chapter.
H.
News vending machines shall not be located in any established
residential neighborhoods. They shall be limited to locations along Paterson
Avenue, Hackensack Street, Hoboken Road, Park Avenue, and Carlton Avenue.
Any news vending machine which in whole or in parts rests upon, in,
on or over a public sidewalk or roadway shall comply with the following standards:
A.
No news vending machine shall exceed 36 inches in height,
24 inches in width or 24 inches in thickness.
B.
No news vending machine shall be used for advertising
signs or publicity purposes other than that dealing with the display, sale
or purchase of the newspaper, news periodical or news magazine sold therein.
C.
Each news 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 the news vending machine door does not open. The
coin return mechanism shall be maintained in good working order.
D.
Each news vending machine shall have affixed to it on
a readily visible place, so as to be seen by anyone using the news 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
or to give the notices provided for in this chapter.
E.
Each news vending machine shall be maintained in a neat
and clean condition and in good repair at all times 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 fading.
(5)
The structural parts thereof are not broken or unduly
misshapen.
(6)
They shall not be of a neon or reflective paint color
and shall be compatible with the colors of the surrounding structures and
uses.
(7)
Boxes shall not be illuminated or equipped with flashing
lights.
Any news vending machine which rests in whole or in part upon or on
any portion of a public sidewalk or 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 news vending machine shall be installed, 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 in which stopping, standing or parking is prohibited.
B.
No news vending machine shall be permitted to rest upon,
in or over any public sidewalk when 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 to
or 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.
News vending machines shall not be chained or bolted
to any public or private pole or stanchion.
D.
News vending machines may be placed next to each other,
provided that no group of news vending machines shall extend for a distance
of more than six feet along the curb or a total of three machines, whichever
is less.
E.
News vending machines shall not be placed, installed,
used or maintained:
F.
No machines shall be placed in any sight triangle.
A.
Any distributor who shall fail to comply with the provisions
of this chapter, upon conviction thereof in the Municipal Court of the Borough
of East Rutherford, shall be punishable by a fine not to exceed $500. The
Construction Official or the Police Department of the Borough of East Rutherford
shall notify the distributor of his failure to comply with the provisions
of this chapter and issue a summons for each day that the distributor fails
to comply with the provisions of this chapter.
B.
If the distributor is convicted of any violation of this
chapter by the Municipal Court of the Borough of East Rutherford and fails
and refuses to remedy the violation within 20 days of the date of conviction,
the Construction Official shall direct the Department of Public Works to remove
the particular news vending machine from the public sidewalk, right-of-way
or other public place. The machines shall be stored for a period of 30 days,
and if not recovered by the owner shall be disposed of. There shall be a storage
charge of $25 per day.
C.
Any patron or person who defaces or vandalizes any news
vending machine in the Borough of East Rutherford shall be charged with a
disorderly persons offense.
