[HISTORY: Adopted by the Town Council of the Town of Braintree 6-15-2010 by Ord. No. 10-012 (former Ch. 5.38 of the Town Bylaws, which was adopted ATM 5-9-2001 by Art. 17). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PRINTED MATTER VENDING MACHINE (referred to herein as "machine")
- 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.
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 way, sidewalk, or other property owned or controlled by the Town without obtaining a written permit therefor from the Board of License Commissioners.
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 address of the applicant, the exact date or dates said machine will be in place or in operation, the exact place where the machine will be located, the manner in 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 Board of License Commissioners, 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 Town Solicitor.
The applicant shall agree to indemnify and save harmless the Town of Braintree, its officials, agents, employees, boards, commissions, and committees from any loss or damage and 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. Prior to the issuance of any permit hereunder, a certificate of insurance for the purpose of providing such indemnification shall be filed with the Board of License Commissioners in a form and amount approved by the Board of License Commissioners.
Within 20 days of receipt of a completed application, including application fee, the Board of License Commissioners shall grant a permit or shall order that a hearing be held within an additional 10 days, giving at least five days' written notice to the applicant.
Within 10 days next following the close of the hearing, the Board of License Commissioners shall grant such permit or shall deny such application if it does not comply with the provisions of this chapter, or upon a finding that issuance of the permit would create a nuisance or would endanger the public health, safety, or order by:
Unreasonably increasing pedestrian traffic in the area in which the machine is to be located; or
Endangering the public safety by reason of the machine's projection 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 manner as to unreasonably interfere with or impede the flow of pedestrian or vehicular traffic, sidewalk or street cleaning and/or snow removal, or the ingress or egress from any residence, place of business or any legally parked or stopped vehicle; or by reason of 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.
Notice of the denial of an application for a permit shall be in writing and accompanied by a statement of the reasons therefor. The Board of License Commissioners may impose conditions upon the permit which relate to compliance with the permit, applicable laws or ordinances, or to public safety, health or order, or to guard against the creation of a nuisance, or to ensure adequate safety and security for the public. No applicant having been denied a permit shall submit the same or similar application within one year of the denial without including in the new application facts showing that the circumstances upon which the original denial was based have substantially changed.
No machine shall be chained, bolted or otherwise attached to property owned or maintained by the Town of Braintree without the permission of the Mayor or other Town board, commission, committee, or official having charge of such Town property. No machine shall be located within three feet of any crosswalk; within 10 feet of any fire hydrant; within five feet of any fire or police call box or other emergency facility; within five feet of any driveway, public or private; within three feet ahead or 15 feet to the rear of any designated bus stop, taxi stand or place marked for handicapped parking; within three feet of any bus bench or shelter, at any location whereby the clear space for the passage of pedestrians is reduced to less than four feet; or within three 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 identifies the printed matter offered therein.
Each machine shall be maintained in a clean and neat condition and in good repair at all times. No reflecting paint or fluorescent or reflective materials may be used on any 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 be easily seen.
All persons who have placed or intend to place machines in the Town of Braintree shall have 30 days from the effective date of this chapter to comply with its provisions. The Board of License Commissioners may grant an extension of this time limit in its discretion for good cause.
Violation of the terms and conditions of this chapter or of any permit granted hereunder shall be punishable by a fine of $100, and said violation shall be cause for cancellation, suspension, revocation, modification, or nonrenewal of the permit, after hearing, upon five days' written notice sent by registered or certified mail to the name and address set forth in the annual application.
Any machine that is not used for the distribution of printed material for a period of 60 calendar days or more shall be deemed abandoned, and the applicant shall remove it within 48 hours of being notified by the Board of License Commissioners to do so.
If any section, clause, or provision of this chapter shall be found by a court of competent jurisdiction to be invalid, the remainder of this chapter shall continue in full force and effect.
Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).