It shall be unlawful for any person, firm or
corporation to erect, place, maintain or operate on any public street
or sidewalk, or in any other public way or place, in the Township
of Rochelle Park any newsrack without first having obtained a permit
from the Township Clerk 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 Township Clerk, and approved by the Township Committee
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.
Any newsrack which, in whole or in part rests
upon or over any public sidewalk or parkway shall comply with the
following standards:
A. No newsrack shall exceed 36 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 newspaper 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 mechanism shall be maintained in good working order.
D. Each newsrack shall have affixed to it 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 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 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 served
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 thereof.
(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 of inserts thereof, if
any, are reasonably free of tears, peeling or fading.
Any newsrack which rests in whole or in part
upon or on any portion of a 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 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 newsrack 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; or
(2) Unreasonably interferes with or impedes the flow of
pedestrians or vehicular traffic, including any legally parked or
stopped vehicle; or
(3) Unreasonably interferes with the ingress to 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 chained, bolted or
otherwise secured so as to prevent their being blown down or around
the public right-of-way.
D. Newsracks may be placed next to each other, provided
that no group of newsracks shall extend for a distance of more than
four feet along a curb.
E. No newsrack shall be placed, installed, used or maintained:
(1) Within three feet of any marked crosswalk;
(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;
(5) Within three feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping; or
(6) Within three feet of any display window of any building
abutting the sidewalk or parkway or in such manner as to impede or
interfere with the reasonable use of such window for display purposes.
Enforcement of this article shall be by the
police or Zoning Enforcement Officer. For a first offense under this
article, the penalty shall not exceed $100, plus costs. The penalty
for second and subsequent offenses shall not exceed $500, plus costs.
The enforcement of these provisions shall be within the jurisdiction
of the Municipal Court. Should successive violations occur, the owner
of said newsrack or newsracks shall be given 30 days' notice to remove
said newsrack at the conclusion of which the municipality may file
an action in the Superior Court to remove said newsrack or newsracks.