[HISTORY: Adopted by the Town of Falmouth Special Town Meeting 10-8-1986,
Art. 38. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
A.
The application for the permit shall fully and specifically
describe the printed matter vending machine by setting forth:
(1)
Its size by height, depth and width or any other relevant
dimensions if varying in height, depth and width.
(2)
The name and business address of the applicant.
(3)
The exact date or dates said machines will be in place
or in operation.
(4)
The exact place where said machine will be located.
(5)
The manner by which said machine shall be affixed or
held in place.
(6)
The description of any object to which said machine shall
be affixed.
B.
Further reasonable information which may affect the public
safety, health or order in the community may be requested from the applicant.
C.
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.
A.
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.
B.
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:
(1)
Unreasonably increasing pedestrian traffic in the area
in which the machine is located.
(2)
Endangering the public safety as follows:
(a)
By reason of the machine's projecting onto, into
or over any part of the roadway of any public street.
(b)
By reason of its being affixed to a site or location
used for public utility purposes, public transportation purposes or governmental
use.
(c)
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.
(d)
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:
A.
Within three (3) feet of any crosswalk.
B.
Within fifteen (15) feet of any fire hydrant.
C.
Within five (5) feet of any fire or police call box or
other emergency facility.
D.
Within five (5) feet of any driveway, public or private.
E.
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.
F.
Within three (3) feet of any bus bench or shelter.
G.
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than four (4) feet.
H.
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.
A.
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.
B.
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.
C.
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.
