Access Princeton - D Mercantini, Customer Service Coordinator assigned this issue to Zoning Officer-D.Bridger

CRI assigned this issue to Access Princeton

The Princeton Packet will be contacted.

Still an eyesore, at at least 3 locations. Town should simply remove them.

Not a zoning issue.

Way to pass the buck!! If not zoning, who?

Sec. 28-2.2. Standards for installation, maintenance and operation.

Any newspaper vending machine which in whole or in part rests upon, in or over any public sidewalk or public right-of-way or which projects onto, into or over any part of a public right-of-way within the Borough of Princeton shall comply with the following standards:

(a) No newspaper vending machine shall exceed sixty inches in height, twenty-four inches in width or twenty inches in depth.

(b) No newspaper vending machine shall be used for commercial advertising or commercial publicity purposes other than to display, promote or advertise the sale of the newspaper, news periodical or magazine sold therein.

(c) Each newspaper 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 he is unable to receive the publication paid for. The coin-return mechanism shall at all times be maintained in good working order.

(d) Each newspaper vending machine shall have affixed thereto, in a readily visible place so as to be seen by anyone using the newspaper 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 section 28-2.5.

(e) Each newspaper 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 newspaper vending machine shall be serviced and maintained so that:

(1) It is reasonably free of loose, chipped peeling and cracked paint in the visible painted areas thereof.

(2) It is reasonably free of rust and corrosion, in the visible metal areas thereon.

(3) The clear plastic or glass parts thereof, if any, through which the publications therein are viewed, are not broken and reasonably free of cracks, dents blemishes and discoloration.

(4) The paper or cardboard parts or inserts thereof, if any, are reasonably free of tears, peelings, or fading; and

(5) The structural parts thereof are not broken, cracked or otherwise dangerous to users thereof.

(Ord. No. 89-22, §II.)

Sec. 28-2.3. Location and placement.

Any newspaper 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 project 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 newspaper vending machine 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 newspaper 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; or

(2) Unreasonably interferes with or impedes the flow of pedestrians along the public sidewalk or public right-of-way;

(3) Unreasonably interferes with or impedes the flow of vehicular traffic, including any legally parked or stopped vehicle, along the public roadway; or

(4) Unreasonably interferes with the ingress into or egress from any public or private property or place of business; or

(5) Unreasonably interferes with the use of traffic signs, traffic signals, fire hydrants, police or fire call boxes, utility poles, mailboxes or other equipment located on or near the public roadway, public sidewalk or the public right-of-way; or

(6) Unreasonably interferes with access to and the operation of borough parking meters; or

(7) Unreasonably interferes with public access to benches or rest stops provided along the public right-of-way.

(c) Newspaper vending machines shall be bolted, weighted or otherwise secured so as to prevent their unauthorized removal or their accidental movement within the public sidewalk or public right-of-way, provided that such machines shall not be chained and/or secured to trees, signs, public property or public sidewalks.

(d) Newspaper vending machines must be placed next to each other and grouped; provided that no group of newspaper vending machines shall extend for a distance of more than four feet along a curb. A "group" shall mean up to two machines and separated from any other group by a distance of at least twenty feet. A "group" of machines shall be aligned in a manner as to provide a uniform grouping and the minimization of incursions into the public right-of-way.

(e) Newspaper vending machines shall be placed adjacent to a curb line; provided that all newspaper vending machines so installed shall face away from the roadway so as not to provide drive-up access to motorists.

(f) No newspaper vending machine shall be placed, installed, located, used or maintained:

(1) Within three feet of any marked crosswalk;

(2) Within twelve 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 or equipment;

(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 other than that strip of the public easement between the curb and sidewalk;

(6) Within five feet of a "No Stopping - No Standing" zone;

(7) Within three feet of the entrance of a bus shelter;

(8) Within a designated bus stop marked by a yellow curb, except that newspaper vending machines may be located within the first five feet along the yellow curb measured from the near side point of yellow curb, and within the last five feet along the yellow curb, measured from the far side point of yellow curb; provided, however, that such newspaper vending machines do not unreasonably interfere with the loading and unloading of passengers.

(Ord. No. 89-22, § II.)

Sec. 28-2.4. Enforcement.

(a) The borough clerk is empowered with the responsibility of enforcing the requirements governing newspaper vending machines. If said official determines that a newspaper vending machine does not comply with the provisions of sections 28-2.1 to 28-2.3, the borough clerk shall mail a written notice to the distributor of such newspaper vending machine, by certified mail, return receipt requested, stating the reasons why such newspaper vending machine does not comply with the aforesaid provisions.

(b) If a distributor fails to adjust, correct, obtain a permit or otherwise cause such newspaper vending machine to comply with the provisions of sections 28-2.1 to 28-2.3 within seven days from the date written notice of noncompliance is mailed by the borough clerk, then such distributor shall be deemed in violation thereof.

(Ord. No. 89-22, § II.)

Sec. 28-2.5. Violations and penalties.

(a) Any distributor who fails to comply with the provisions of sections 28-2.1 to 28-2.4 shall, upon conviction thereof in the Municipal court, be punishable by the penalties as set forth in section 1-6. Each day for which a distributor fails to comply with the provisions of this section constitutes a separate violation hereunder.

(b) If a distributor is convicted of a violation of this section by the municipal court and if such distributor thereafter refuses to remedy or correct the violation with-in ten days from the date of conviction, then the borough clerk shall be empowered to remove the newspaper vending machine which is the basis for such conviction from the public sidewalk or public right-of-way or other place and return such newspaper vending machine to the distributor identified on the newspaper vending machine.

(c) It shall be unlawful for any person to tamper with, deface or vandalize any newspaper vending machine within the Borough of Princeton. Any person who shall violate this section shall, upon conviction thereof in the municipal court, be subject to the penalties set forth in section 1-6.

(d) Repeat offenders, as that term is defined in section 1-6, shall be subject to the penalties set forth in section 1-6.

(Ord. No. 89-22, § II; Ord. No. 91-14, § X.)

Good info. Thanks. What can be done about boxes that are abandoned— extended time periods with either no contents, or contents that are months bast publication date? There are several around town.