As used in this chapter, the following terms shall have the meanings
indicated:
DISTRIBUTOR
The person, firm or corporation responsible for placing and maintaining
a news vending machine in a public place in the Borough of East Rutherford.
DRIVEWAY
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.
NEWSPAPER, NEWS PERIODICAL/NEWS MAGAZINE
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.
NEWS VENDING MACHINE
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.
ROADWAY
That portion of any street improved, designed or ordinarily utilized
for vehicular traffic.
SIDEWALK
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.
STREET
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.
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:
(1) Which endanger the safety of persons or property.
(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.
F. No machines shall be placed in any sight triangle.