[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover 12-10-1984 as Ord. No. 21-1984.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following
meanings:
A window used for the display of merchandise.
Place, install, maintain or operate a newspaper vending machine.
Any self-service or coin-operated box, stand, rack, container, storage
unit or other dispenser installed, used or maintained for the purpose of offering
for sale, vending, distributing or giving away any publication.
Any individual, firm, corporation, partnership, association or entity.
Any newspaper, magazine, periodical or similar printed matter.
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 man-made barrier, such as a fence, or a natural barrier, such as
a hedge.
[Amended 3-26-1985 by Ord. No. 9-1985]
No person shall maintain a newspaper vending machine on any public property
in the Town of Dover in violation of the provisions of this chapter. Prior
to or simultaneous with locating a newspaper vending machine, the owner of
said machine shall apply for a newspaper vending machine permit for the machine.
One permit shall be required for each newspaper vending machine.
An application for a newspaper vending machine permit or for a change
of location of an existing newspaper vending machine 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 newspaper vending machine permit
shall be issued unless the machine 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
machine 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 machine.
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 newspaper vending machine permit shall be issued unless the machine
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 machine or machines in the Town of Dover.
[Amended 3-26-1985 by Ord. No. 9-1985]
The fee for a newspaper vending machine permit shall be $25.
All newspaper vending machine 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.
[Amended 3-26-1985 by Ord. No. 9-1985]
Newspaper vending machine 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 machine for which a permit is sought is not in compliance with the provisions
of this chapter but the machine 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 machine 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 machine.
No person shall maintain a newspaper vending machine on any portion
of a roadway, nor shall any person permit a newspaper vending machine to project
onto, into or over any portion of a roadway.
[Amended 3-26-1985 by Ord. No. 9-1985]
A.
Subject to provisions hereinafter set forth, newspaper
vending machines maintained on public sidewalks shall be either:
B.
No person shall place, install, maintain or operate a
newspaper vending machine 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 three 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 machine would
reduce the clear space for the passage of pedestrians to less 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 machine 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 machine would endanger
the safety of persons or property.
(12)
At any location where the machine 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 machine would interfere with
the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
(14)
Within 200 feet of any other machine on the same side
of the street containing the same issue or edition of the same publication
or at any location directly opposite any other machine.
Any newspaper vending machine 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 five feet in height,
30 inches in width and two feet in depth.
B.
No machine shall be chained, bolted or otherwise attached
to any property not owned by the owner of such machine.
C.
Machines may be chained or otherwise attached to one
another; however, no more than two machines may be joined together in this
manner, and a space of not less than 18 inches shall separate each group of
three machines so attached.
D.
No machine, or group of attached machines, shall weigh,
in the aggregate, in excess of 125 pounds when empty.
E.
No machine shall be used for advertising, signs or publicity
purposes, other than that dealing with the display, sale or purchase of the
publication sold therein.
F.
Each machine shall be maintained in a clean, neat condition
and in good repair at all times.
G.
The owner of each machine 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 newspaper
vending machine that creates a danger to pedestrians or vehicles.
B.
Written notice of the impoundment must be sent to the
owner of the impounded machine within two business days. The owner shall be
entitled to obtain the return of the impounded machine from the police upon
request during normal business hours, provided that the machine 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.
