[HISTORY: Adopted by the Town of Randolph 4-18-1995 ATM by Art. 8, approved 10-27-1995. Amendments noted where applicable.]
No person, firm, corporation, association, partnership, trust
or other type of entity shall place, install, use or maintain any
printed matter vending machine on any public property without obtaining
a written permit therefor from the Town Council.
As used in this chapter, the following terms shall have the
meanings indicated:
Any coin or token-operated box, container, stand, rack, storage
unit or other dispenser or device installed, placed, used, operated
or maintained for the display and sale or distribution of newspapers,
periodicals or other printed matter for public use.
The application for the permit shall fully and specifically
describe the printed matter vending machine by setting forth its size
by height, depth and width or any other relevant dimensions if varying
in height, depth and width, the name and business address of the applicant,
the exact date or dates said machine will be in place or in operation,
the exact place where said machine will be located, the manner by
which said machine shall be affixed or held in place and the description
of any object to which said machine shall be affixed. Further reasonable
information which may affect the public safety, health or order in
the community may be requested from the applicant. An annual application
fee, the amount of which will be determined upon passage of this chapter
and annually thereafter by the Town Council, which fee will be reasonably
related to the costs of processing said application, shall be paid
for each machine licensed. The form of application shall be approved
by the Town Council.
A certification of insurance indemnifying and saving harmless
the Town of Randolph from any loss or damage from all suits, actions
and claims of any and every nature for or on account of any injuries
or damage received or sustained by any person or company or other
entity arising from the installation, use or maintenance of such machines
shall be filed with the Town Council prior to its issuance of any
permit hereunder; further, said policy will directly provide for payment
to any person or company or other entity injured thereby.
A.
Within twenty (20) days of receipt of such completed application,
the Town Council shall grant a permit or shall order a hearing within
an additional ten (10) days, giving at least five (5) days' written
notice to the applicant.
B.
Within ten (10) days next following the close of the hearing, the
Town Council shall grant such permit or shall deny such application
upon a finding that issuance of such a permit would lead to the creation
of a nuisance or would endanger the public health, safety or order
by:
(1)
Unreasonably increasing pedestrian traffic in the area in which the
machine is located; or
(2)
Endangering the public safety by reason of the machine's projecting
onto, into or over any part of the roadway of any public street; by
reason of its being affixed to a site or location used for public
utility purposes, public transportation purposes or governmental use;
by reason of its being located in such a manner as to unreasonably
interfere with or impede the flow of pedestrian or vehicular traffic,
sidewalk or street cleaning and/or snow removal and the ingress or
egress from any residence, place of business or any legally parked
or stopped vehicle; or by reason of aesthetic harm and defacement
caused by its being affixed to poles, posts, traffic signs or signals,
hydrants, mailboxes or other objects at or near such location.
No machine shall be chained, bolted or otherwise attached to
property owned or maintained by the Town of Randolph within three
(3) feet of any crosswalk; within fifteen (15) feet of any fire hydrant;
within five (5) feet of any fire or police call box or other emergency
facility; within five (5) feet of any driveway, public or private;
within three (3) feet ahead or fifteen (15) feet to the rear of any
designated bus stop, taxi stand or place marked for handicapped parking;
within three (3) feet of any bus bench or shelter; at any location
whereby the clear space for the passageway of pedestrians is reduced
to less than four (4) feet; or within three (3) feet of any display
window of any building abutting the sidewalk or other public place
in such a manner as to impede or interfere with the reasonable use
of such window for display purposes.
No machine shall be used for advertising signs or publicity
purposes, other than that which is essential to identify, on no more
than two (2) sides of the machine, the printed matter offered for
sale therein. No letter thereon shall exceed two (2) square inches
in size.
Each machine shall be maintained in a clean and neat condition
and in good repair at all times, and it shall be of one (1) color
that does not unnecessarily contrast with the immediate surroundings,
except that the lettering may contrast with such one (1) color. No
reflectorized paint, Day-Glo, fluorescent or scotchlite reflective
materials or materials of like nature may be used on such machine.
The person who places or maintains such machine shall have his/her
name or his/her Massachusetts agent's name, address and telephone
number affixed thereto in a place where such information may easily
be seen.
All persons who have placed or intend to place machines in the
Town of Randolph shall have thirty (30) days from passage of the within
chapter to comply with said provisions or such additional time as
the Town Council may allow in its discretion.
Notice of the denial of an application for permit shall be in
writing and accompanied by a statement of the reasons therefor. No
application shall be denied if the anticipated harm is not significant
or if the likelihood of its occurrence is remote. The Town Council
may impose conditions upon the permit, but said conditions may only
relate to compliance with the permit, applicable laws or ordinances
or to public safety, health or order or to steps required to be taken
to guard against creation of a nuisance or to ensure adequate safety
and security for the public. No applicant having been denied a permit
as aforesaid shall submit the same or similar application within one
(1) year of said denial without including in said new application
facts showing that the circumstances upon which the original denial
was based have substantially changed.
Violation of the terms and conditions in this chapter or in
any permit granted hereunder shall be punishable by a fine in accordance
with the Fine Schedule,[1] and said violation shall be cause for cancellation, suspension,
revocation or modification of the permit, after hearing, upon three
(3) days' written notice sent by registered or certified mail
to the name and address set forth in the annual application. The Town
of Randolph may petition the Superior Court Department of the Trial
Court to enjoin any violation of this chapter or the conditions in
any permit granted hereunder. If, after hearing, the applicant fails
to comply with the order of the Town Council, said Town Council may
order the removal of said machines and place them in storage in a
secure place. The cost of removal and storage shall be paid by the
permit holder.
If such machine is not used for the distribution of printed
matter for a period of sixty (60) calendar days, the same shall be
deemed as abandoned property and may be disposed of according to law.
