[HISTORY: Adopted by the Mayor and Council of the Borough of Chatham 6-24-1985 by Ord. No. 15-85 (Ch. 100 of the 1975 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings:
DISPLAY WINDOW
A window used for the display of merchandise.
MAINTAIN
To place, install, maintain or operate a newspaper vending machine.
NEWSPAPER VENDING MACHINE
Any self-service or coin-operated box, stand, rack, container, storage unit or other dispenser which is installed, used or maintained for the purpose of offering for sale, vending, distributing or giving away any publication.
PERSON
Any individual, firm, corporation, partnership, association or entity.
PUBLICATION
Any newspaper, magazine, periodical or similar printed matter.
ROADWAY
The portion of a street which is improved, designed or ordinarily used for vehicular travel.
SIDEWALK
Any surface provided for the exclusive use of pedestrians, including the area between the sidewalk and the curb of any street or, if there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto.
STREET
All the area dedicated to public use for public street purposes, including but not limited to roadways, parkways, alleys and sidewalks.
UNPROTECTED LANDSCAPED AREA
An area improved with flowers or shrubs that is not protected by either a man-made barrier, such as a fence, or a natural barrier, such as a hedge.
[Amended 8-26-1985 by Ord. No. 17-85]
No person shall maintain a newspaper vending machine in or on any public property or outside at any place which is open to the public in the Borough of Chatham in violation of the provisions of this chapter. Prior to or simultaneously with locating a newspaper vending machine, the owner of said machine shall apply for a newspaper vending machine permit for the machine. One permit shall be required for each newspaper vending machine.
An application for a newspaper vending machine permit or for change of location of an existing newspaper vending machine shall be filed in writing in the office of the Borough Clerk on forms provided by that office for that purpose. The application shall state:
A. 
The name and address of the applicant or owner.
B. 
The proposed specific location of the newspaper vending machine.
C. 
An accurate description of the newspaper vending machine, including its dimensions and unique identifying marks, such as its serial number.
D. 
The name, address and telephone number of an individual responsible for repair and maintenance of the machine and to be notified for any reason or problem whatsoever.
A. 
Type and amount. No newspaper vending machine permit shall be issued unless the machine owner shall have filed with the Borough Clerk a copy of an insurance policy, issued by a company duly licensed to transact business under the insurance laws of this state, providing for the payment of not less than $1,000,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person due to the maintenance of such machine and further providing for the payment of not less than $25,000 to satisfy all claims for property damage due to the maintenance of such machine.
B. 
Notice. The insurance policy shall provide that the insurance company shall notify the Borough of Chatham 10 days prior to cancellation or substantial change in coverage.
No newspaper vending machine permit shall be issued unless the machine owner shall have executed and filed with the Borough Clerk an indemnification agreement pursuant to which the owner agrees to forever defend, protect, indemnify and save harmless the Borough of Chatham, its officers, agents and employees from and against any and all causes of action, injuries, losses, damages, expenses, fees and costs arising out of or to arise out of the owner's maintenance of a machine or machines in the Borough of Chatham.
A. 
The annual fee for a newspaper vending machine permit shall be $25.
B. 
The fee for relocation of a newspaper vending machine, which is not a renewal, movement of a machine within the same tax lot as the lot lines are projected to the curbline or movement of the machine for purposes of complying with this chapter or any amendment thereto, shall be $25.
[Amended 8-26-1985 by Ord. No. 17-85]
All newspaper vending machine permits shall expire annually on June 30 at 12:00 midnight. Permits may be renewed annually by filing an application in accordance with the provisions of this chapter. All permits issued during the year shall expire on the annual date set forth above, and there shall be no reduction in permit fees.
Newspaper vending machine permits shall be issued within 10 business days after the filing of an application therefor, provided that the applicant has complied with all the requirements of this chapter.
No person shall maintain a newspaper vending machine on any portion of a roadway, nor shall any person permit a newspaper vending machine to project onto, into or over any portion of a roadway.
A. 
Subject to the provisions hereinafter set forth, newspaper vending machines maintained on a sidewalk shall be either:
(1) 
Parallel to the curb, with the outer edge not less than 12 inches nor more than 18 inches from the edge of such curb; or
(2) 
Parallel to the wall of a building, with the inside edge not more than six inches from such wall, but not less than three feet from an entrance or exit of a building.
B. 
No person shall place, install, maintain or operate a newspaper vending machine at any of the following locations:
[Amended 8-26-1986 by Ord. No. 17-85]
(1) 
Within six feet of any marked crosswalk as measured along the curbline.
(2) 
Within 15 feet of a curb return of any unmarked crosswalk as measured along the curbline.
(3) 
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
(4) 
Within six feet of any driveway which provides access to a street.
(5) 
At any bus stop within the area designated for such stop as measured along the curbline.
(6) 
Within six feet of any publicly owned, unprotected landscaped area.
(7) 
Except with the owner's written permission, within six feet, as measured along the building line, of any display window of any building abutting the sidewalk or in such location as to impede or interfere with the reasonable use of such window for display purposes and, as to all other nondisplay windows, not in front of such window if it will block in any way the view into or out of such window.
(8) 
At any location where installation of the machine would reduce the clear space for the passage of pedestrians on a sidewalk to less than four feet.
(9) 
At any location where the machine would unreasonably interfere with or obstruct the flow of pedestrian or vehicle traffic; the ingress into or egress from any residence, place of business or any legally parked or stopped vehicle; or at any location where the machine would endanger the safety of persons or property.
(10) 
At any location where the machine would reasonably interfere with the use of poles, posts, traffic signs, traffic signals, hydrants, mailboxes or other objects permitted at or near such location.
(11) 
At any location where the machine would interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
(12) 
Within 200 feet of any other machine on the same side of the street containing the same issue or edition of the same publication or at any location directly opposite any other machine.
Every newspaper vending machine which is maintained in whole or in part upon or projecting over any portion of a public sidewalk or publicly owned property of any kind shall comply with the following standards:
A. 
No machine shall be larger than five feet in height, 30 inches in width and two feet in depth.
B. 
No machine shall be chained, bolted or otherwise attached to any property not owned by the owner of such machine.
C. 
Machines may be chained or otherwise attached to one another; however, no more than three machines may be joined together in this manner, and a space of not less than 18 inches shall separate each group of three machines so attached.
D. 
No machine or group of attached machines shall weigh, in the aggregate, in excess of 125 pounds when empty.
E. 
No machine shall be used for advertising, signs or publicity purposes, other than that dealing with the display, sale or purchase of the publication sold therein.
F. 
Each machine shall be maintained in a clean, neat condition and in good repair at all times.
G. 
The owner of each machine shall permanently affix thereto his name, address and telephone number in a place where such information may be easily seen.
A. 
The police of the Borough of Chatham may impound any newspaper vending machine that creates a danger to pedestrians or vehicles.
B. 
Written notice of the impoundment must be sent to the owner of the impounded machine within two business days. The owner shall be entitled to obtain the return of the impounded machine from the police upon request during normal business hours, provided that the machine is not being held as evidence in any criminal proceeding.
Any person convicted of a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1, § 1-14. Each violation of a section or subsection of this chapter and each day that a violation continues shall constitute a separate offense.