[HISTORY: Adopted by the Town of Falmouth Special Town Meeting 10-8-1986, Art. 38. Amendments noted where applicable.]
Licenses and permits — See Ch. 40.
Streets and sidewalks — See Ch. 199.
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 Board of Selectmen.
As used in this chapter, the following terms shall have the meanings indicated:
- PRINTED MATTER VENDING MACHINE (hereinafter called "machines")
- 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, 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 machines 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.
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 Selectmen, which fee will be reasonably related to the costs of processing said application, shall be paid for each machine licensed.
A certificate of insurance indemnifying and saving harmless the Town of Falmouth 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 Board of Selectmen, 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.
Within twenty (20) days of receipt of such completed application, the Board of Selectmen 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.
Within ten (10) days next following the close of the hearing, the Board of Selectmen 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:
Unreasonably increasing pedestrian traffic in the area in which the machine is located.
Endangering the public safety as follows:
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 it 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.
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 Falmouth:
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.
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 necessarily 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 name or 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 Falmouth shall have thirty (30) days from passage of this chapter by the Town Meeting to comply with the said provisions or such additional time as the Board of Selectmen 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 Board of Selectmen may impose conditions upon the permit but said conditions may only relate to compliance with 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.
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.
Violation of the terms and conditions in this chapter or in any permit granted hereunder shall be punishable by fines and penalties not to exceed three hundred dollars ($300.) and said violation shall be cause for cancellation, suspension, revocation or modification, after hearing, upon three (3) days' written notice, sent registered or certified mail, to the name and address set forth in the annual application. The Town of Falmouth 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 Board of Selectmen, said Selectmen 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. For penalty, see Chapter 1, General Provisions, Article I, Penalties.