[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover 6-25-1996 as Ord. No. 23-1996.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following
meanings:
Any self-service stand, container or storage unit installed, used,
or maintained for the purpose of depositing letters, parcels or packages for
delivery by the company owning the drop box.
A window used for the display of merchandise.
Place, install, maintain or operate a courier drop box.
Any individual, firm, corporation, partnership, association or entity.
The portion of a street improved, designed or ordinarily used for
vehicular travel.
Any surface provided for the exclusive use of pedestrians, including
the area between the sidewalks 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.
All the area dedicated to public use for public street purposes,
including but not limited to roadways, parkways, alleys and sidewalks.
An area improved with flowers or shrubs that is not protected by
either a manmade barrier, such as a fence, or a natural barrier, such as a
hedge.
No person shall maintain a courier drop box on any public property in
the Town of Dover in violation of the provisions of this chapter. Simultaneous
with locating a courier drop box, the owner of said box shall apply for a
permit for the box. One permit shall be required for each drop box.
An application for a courier drop box permit or for a change of location
of an existing courier drop box shall be filed, in writing, with the Town
Clerk on forms provided by her for that purpose. The application shall state:
A.
Type and amount. No courier drop box permit shall be
issued unless the box owner shall have filed with the Town 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 box 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 box.
B.
Notice. The insurance policy shall provide that the insurance
company shall notify the Town of Dover 10 days prior to cancellation or substantial
change in coverage.
No courier drop box permit shall be issued unless the box owner shall
have executed and filed with the Town Clerk an indemnification agreement pursuant
to which the owner agrees to forever defend, protect, indemnify and save harmless
the Town of Dover, 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 box or
boxes in the Town of Dover.
The fee for a courier drop box shall be $25.
All courier drop box permits shall expire annually on January 1 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.
Courier drop box 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. In the event that a box, for which
a permit is sought is not in compliance with the provisions of this chapter
but the box can be relocated at the same location so as to comply with this
chapter, then the town shall so notify the owner, identifying the violation
involved and issuing a permit conditioned on the correction of the violation.
In the event that no adjustment of a box at a particular location would succeed
in bringing it into compliance with this chapter, the town may deny a permit
and advise the owner of the reasons of denial. The owner shall be given five
working days to remove or relocate the box.
No person shall maintain a courier drop box on any portion of a roadway,
nor shall any person permit a courier drop box to project onto, into or over
any portion of a roadway.
A.
Subject to provisions hereinafter set forth, courier
drop boxes maintained on public sidewalks shall be either:
B.
No person shall place, install, maintain or operate a
courier drop box at any of the following locations on any public sidewalk
or parkway:
(1)
Within six feet of any marked crosswalk as measured along
the curbline.
(2)
Within 15 feet of the 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 as measured along the curbline.
(4)
Within six feet of any driveway as measured along the
curbline.
(5)
Within 3 feet ahead of and 15 feet to the rear of any
sign marking a designated bus stop as measured along the curbline.
(6)
Within four feet of the outer edge of any bus bench.
(7)
Within six feet of any unprotected landscaped area.
(8)
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.
(9)
At any location where installation of the box would reduce
the clear space for the passage of pedestrians to fewer than three feet.
(10)
At any location that would interfere with the use for
a public utility purpose, public transportation purpose or other governmental
purpose.
(11)
At any location where the box 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 box would endanger the safety of persons
or property.
(12)
At any location where the box would unreasonably interfere
with the use of poles, posts, traffic signs, traffic signals, hydrants, mailboxes
or other objects permitted at or near such location.
(13)
At any location where the box would interfere with the
cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
(14)
Within 200 feet of any other box of the same courier
company on the same side of the street or at any location directly opposite
any other box.
Any courier drop box which is placed, installed, maintained or operated,
in whole or in part, upon or projecting over any portion of a public sidewalk
or roadway shall comply with the following standards:
A.
No machine shall be larger than 5 feet in height, 30
inches in width and 2 feet in depth.
B.
No box shall be chained, bolted or otherwise attached
to any property not owned by the owner of such box.
C.
No box shall be used for advertising, signs or publicity
purposes, other than that dealing with the courier company owning the box.
D.
Each box shall be maintained in a clean, neat condition
and in good repair at all times.
E.
The owner of each box 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 Town of Dover may impound any courier
drop box that creates a danger to pedestrians or vehicles.
B.
Written notice of the impoundment must be sent to the
owner of the impounded box within two business days. The owner shall be entitled
to obtain the return of the impounded box from the police upon request during
normal business hours, provided that the box 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 subject to one or more of the following: a fine not
exceeding $1,000, a term of imprisonment not exceeding 90 days or a period
of community service not exceeding 90 days. Each violation of a section or
subsection of this chapter, and each day that a violation continues, shall
constitute a separate offense.
