[HISTORY: Adopted by the Township Committee of the Township of Maplewood 12-16-1986
as Ord. No. 1709. Amendments noted where applicable.]
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 Township of Maplewood.
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 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 that area dedicated to public use for public street purposes,
and shall include but not be limited to roadways, parkways, alleys and sidewalks.
A.
No distributor shall fail to notify the Construction
Official of the Township of Maplewood, by written letter, of the location
where it has installed any news vending machine which in whole or in part
rests upon, in or over any public sidewalk of right-of-way. Such written notice
must be received by the Construction Official of the Township of Maplewood
no later than seven (7) days from the placement or installation of any news
vending machine in any public place in the Township of Maplewood.
C.
Within seven (7) days from the receipt by the Construction
Official of the Township of Maplewood of the distributor's written notice,
the Construction Official shall contact the distributor by written letter
and inform the distributor whether or not the news vending machines are placed
and installed so as to comport with the time, place and manner regulations
set forth in this chapter.
D.
If the distributor shall receive written notice from
the Construction Official of the Township of Maplewood that a news vending
machine is not placed or installed in conformity with the regulations set
forth in this chapter, the distributor shall have seven (7) days from the
date of receipt of said notice in which to adjust the placement of the news
vending machine and to request written assurance from the Construction Official
of the Township of Maplewood that the news vending machine is placed or installed
in conformity with the terms of this chapter.
E.
Should the distributor disagree with a finding of the
Construction Official of the Township of Maplewood 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 Township
Committee of the Township of Maplewood, at least three (3) days before the
public meeting next scheduled after the date of receipt of the notice, for
a determination of whether or not the distributor's placement of the
news vending machine meets the requirements set forth in this chapter. The
Township Committee of the Township of Maplewood shall hear and receive evidence
and testimony of the distributor and the Construction Official of the Township
of Maplewood 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 Township Committee of the Township of Maplewood 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 ten (10) days from the date of the decision in which to cause the placement of the news vending machine to conform to the terms of this chapter. Failure to do so will result in a summons being issued to the distributor pursuant to § 261-5 of this chapter.
G.
Should the distributor disagree with the decision of the Township Committee of the Township of Maplewood, it 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, Essex County. The manner and mode of such action is prescribed by the New Jersey Statutes and Rules of Court. If such an appeal is taken from the determination of the Township Committee, action on any summons issued pursuant to § 261-5 of this chapter will be stayed.
H.
With respect to any news vending machines that may already be in place and situate on any public sidewalks, rights-of-way or any other public place within the Township of Maplewood, the distributor shall have twenty (20) days from the effective date of the chapter to comply with the requirements of this chapter. Failure to so comply will result in a summons being issued to the distributor pursuant to § 261-5 of this chapter.
Any news vending machine which in whole or in part rests upon, in or
over any public sidewalk or roadway shall comply with the following standards:
A.
No news vending machine shall exceed sixty (60) inches
in height, twenty-four (24) inches in width or twenty-four (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.
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.
[Amended 7-21-1987 by Ord. No. 1730]
B.
No news vending machine 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 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.
[Amended 7-21-1987 by Ord. No. 1730]
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 (6) feet along a curb.
E.
News vending machines shall not be placed, installed,
used or maintained:
A.
Any distributor who shall fail to comply with the provisions
of this chapter, upon conviction thereof in the Municipal Court of the Township
of Maplewood, shall be punishable by a fine not to exceed one hundred dollars
($100.). The Construction Official or Police Department of the Township of
Maplewood 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.
[Amended 4-7-1987 by Ord. No. 1721]
B.
If the distributor is convicted of a violation
of this chapter by the Municipal Court of the Township of Maplewood and fails
and refuses to remedy the violation within ten (10) days of the date of the
conviction, the Construction Official of the Township of Maplewood shall remove
the particular news vending machine from the public sidewalk, right-of-way
or other public place and return the news vending machine to the possession
of the distributor who is identified on the news vending machine as having
placed the news vending machine on the public sidewalk, right-of-way or other
public place.
[Amended 7-21-1987 by Ord. No. 1730]
C.
Any patron or person who defaces or vandalizes any news
vending machine in the Township of Maplewood shall be charged with a disorderly
persons offense in accordance with the criminal statutes of the State of New
Jersey.
