[Adopted 1-23-1979 by Ord. No. 643-79]
It shall be unlawful for any person or any body
corporate to maintain a coin-operated vending machine in the Borough
of Caldwell for the sale of food or beverages within the Borough of
Caldwell without having first procured an annual license from the
Board of Health of the Borough of Caldwell and without complying with
any and all of the provisions concerning the operation and maintenance
of the same as contained in regulations promulgated by the Board of
Health of the Borough of Caldwell.
Each vending machine shall have attached to
it a sticker with the following legend: "This vending machine licensed
by the Caldwell Board of Health License No. effective from to December
31, 19 ."
[Amended 7-13-1999 by Ord. No. 1073-99]
All licenses issued pursuant to this chapter
shall be for the calendar year in which such license is issued and
shall expire as of December 31 of the year in which such license is
issued. A license issued for part of a calendar year shall carry the
full annual license fee.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punishable
by a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days, a period of community service not exceeding 90 days, or a
combination thereof, and each violation of any of the provisions of
this article and each day the same is violated shall be deemed and
taken to be a separate and distinct offense.
[Adopted 11-24-1987 by Ord. No. 789-87]
As used in this article, 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 Caldwell.
DRIVEWAY
That surface, whether improved or not, over and by which
ingress and egress is made by 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 MACHINES
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.
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 that area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks.
ROADWAY
That portion of any street improved, designed or ordinarily
utilized for vehicular traffic.
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 60 inches in
height, 24 inches in width or 20 inches in depth.
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 vending machine door does
not open. The coin return mechanism shall be at all times maintained
in proper and 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 article.
E. Each news vending machine 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 news vending
machine 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, 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 or over
any portion of the roadway of any public street.
B. No news vending machine shall be permitted to rest
upon 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
from any residence or place of business; or
(4) Unreasonably interferes with the use of traffic signs
or signals, hydrants or safety devices permitted at or near said location.
C. News vending machines shall be chained, bolted or
otherwise secured so as to prevent their being blown down or around
the public right-of-way. News vending machines may not be secured
to a property.
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 a curb, and no news vending machine
shall be placed within four feet of any group of three news vending
machines already in place pursuant to this section.
E. News vending machines shall not 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 crossway.
(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 or on any public area improved with
lawn, flowers, shrubs, trees or other landscaping. The area between
a sidewalk and curb and/or street shall not be considered an improved
area for the purposes of this section.