[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell as indicated in article histories. Amendments
noted where applicable.]
[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.
A.
There shall be an annual license fee for each such food and beverage vending machine in the amount set forth in Chapter A270, Fees. There shall be a discounted rate for licenses issued after August 1. All licenses issued under this chapter shall expire on December 31 of the year in which such license was issued.
[Amended 7-13-1999 by Ord. No. 1073-99]
B.
Each machine having a separate coin slot shall be
individually licensed.
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:
The person, firm or corporation responsible for placing and
maintaining a news vending machine in a public place in the Borough
of Caldwell.
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.
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.
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.
That portion of any street improved, designed or ordinarily
utilized for vehicular traffic.
A.
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 Borough of Caldwell any
news vending machine without having obtained a permit from the Borough
of Caldwell specifying the exact location of such news vending machines.
One permit may be issued to include any number of news vending machines
and shall be signed by the applicant and will include the applicant's
business address and telephone number.
B.
Applications for such permit shall be made, in writing,
to the Borough of Caldwell, upon such form as shall be provided by
it, and shall contain the name, address and telephone number of the
applicant, the proposed specific location of each news vending machine
to be replaced, maintained or operated and shall be signed by the
applicant, a copy of which shall be forwarded by the Borough to the
Construction Official.
A.
As an express condition of the acceptance of such
permit, the permittee thereby agrees to indemnify and save harmless
the Borough, its officers, directors and employees against any loss,
liability or damage and defend the same against claims for personal
injury and/or property damage arising from placement, maintenance
or operation of the permittee's news vending machines within the Borough
of Caldwell.
B.
Permits shall be issued for the installation of news vending machines without prior inspection of the location, but such news vending machines and the installation, use, maintenance or operation thereof shall be conditioned upon observance of the provisions of this article. Permits shall be issued within 24 hours after the application has been filed. Inspection of said news vending machines shall be in accordance with § 238-9 of this article.
C.
The application for a permit to install, maintain or operate a news vending machine or machines shall require the payment of a one-time application fee as provided in Chapter A270, Fees.
[Amended 7-13-1999 by Ord. No. 1073-99]
D.
There shall be a registration fee as provided in Chapter A270, Fees, per news vending machine payable at the time of application for a permit and hereinafter provided.
[Amended 7-13-1999 by Ord. No. 1073-99]
E.
Such permits shall be valid for one year and shall be renewable pursuant to the procedure for original applications referred to in § 238-7, upon payment of the registration fee as provided in Chapter A270, Fees, per news vending machine, which shall be used to defray the cost of inspection.
[Amended 7-13-1999 by Ord. No. 1073-99]
A.
All distributors shall make application to the Borough
of Caldwell if it has not previously done so for a permit to install
any news vending machine which in whole or in part rests upon, in
or over any public sidewalk or right-of-way no later than seven days
from the date of placement or installation.
B.
Within seven days from the receipt by the Construction
Official of the Borough of Caldwell of the distributor's application,
the Construction Official shall inspect the location and contact the
distributor by written letter, within five days thereafter, 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 article.
C.
If the distributor shall receive written notice from
the Construction Official of the Borough of Caldwell that a news vending
machine is not placed or installed in conformity with the regulations
set forth in this article, 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 assurance from
the Construction Official of the Borough of Caldwell that the news
vending machine is placed or installed in conformity with the terms
of this article.
D.
Should the distributor disagree with the finding of
the Construction Official of the Borough of Caldwell that the placement
or installation of a news vending machine is not in conformity with
the provisions and regulations of this article, the distributor shall
have the right to petition the Borough Council of the Borough of Caldwell,
at least three 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 article. The Borough Council of
the Borough of Caldwell shall hear and receive evidence and testimony
of the distributor and the Construction Official of the Borough of
Caldwell and shall then render a written opinion confirming or denying
the propriety of the distributor's placement of the news vending machine.
E.
Should the Borough Council of the Borough of Caldwell determine that the distributor's placement of the news vending machine is not in accordance with the provisions of this article, the distributor shall have 45 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 article. Failure to do so will result in a summons being issued to the distributor pursuant to § 238-13A of this article.
F.
Should the distributor disagree with the decision of the Borough Council of the Borough of Caldwell, 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 an action is prescribed by New Jersey Statutes and Rules of Court. If such an appeal is taken from the determination of the Borough Council, action on any summons issued pursuant to § 238-13A of this article will be stayed.
G.
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 Borough of Caldwell, the distributor shall have 20 days from the effective date of this article to comply with the requirements of this article. Failure to so comply will result in a summons being issued to the distributor pursuant to § 238-13A of this article.
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.
A.
Any news vending machine which is not utilized, operated
or kept in service for a period of 30 consecutive days and which is
left at its registered location in said condition of being out of
service shall be deemed to be abandoned and as such shall be subject
to removal at the owner's expense.
B.
Any news vending machine so removed due to its being
abandoned shall be stored in a secure area, and the owner thereof
shall be notified of its removal by letter within five business days.
If the owner of any such news vending machine does not reclaim said
machine or notify the Borough of Caldwell of said owner's intent to
reclaim said machine within seven days of the notice of removal of
any such machine, then such machine shall become subject to the laws
of abandoned property and shall be treated, utilized or discarded
by the Borough of Caldwell as such.
A.
Any distributor who shall fail to comply with the
provisions of this article, other than § 283-12, Abandonment,
upon conviction thereof in the Municipal Court of the Borough of Caldwell,
shall be punishable by a fine not to exceed $2,000, imprisonment for
a period not to exceed 90 days, a period of community service not
to exceed 90 days, or a combination thereof, per violation. The Construction
Official of the Borough of Caldwell shall notify the Police Chief
of the Borough of Caldwell of the distributor's failure to comply
with the provisions of this article, and a summons will be issued
for each day that the distributor fails to comply with the provisions
of this article.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
B.
If the distributor is convicted of a violation of
this article by the Municipal Court of the Borough of Caldwell and
fails and refuses to remedy the violation within 10 days of the date
of the conviction, the Construction Official of the Borough of Caldwell
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.
C.
Any patron or person who defaces or vandalizes any
news vending machine in the Borough of Caldwell shall be charged with
a disorderly persons offense in accordance with the criminal statutes
of the State of New Jersey.
