Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barnstable 11-5-1988, approved 1-3-1989 (Art. L of Ch. III of the General Ordinances as updated through 7-7-2003). Amendments noted where applicable.]
GENERAL REFERENCES
Schedule of Fees — See Ch. 76, Art. II.

§ 130-1 License required.

It shall be unlawful for any person to place on any publicly owned property within the Town, any newspaper boxes, newsracks, or news publication vending devices without first obtaining a valid license for the location of same from the Town Manager.

§ 130-2 Issuance of license by Town Manager.

The Town Manager shall, upon written application and payment of any required fees, issue a license for the location of the installation and operation of a newspaper box, newsrack or news publication vending device, provided that the applicant submits evidence of compliance with the requirements of § 130-3.

§ 130-3 Licensing requirements.

Requirements for licensing of newspaper boxes, newsracks and news publication vending devices shall be as follows:
A. 
Applications must be submitted in writing on a form prescribed by the Town Manager;
B. 
The newspaper box, newsrack or news publication vending device must not occupy an area greater than nine square feet, nor be more than 52 inches tall;
C. 
The placement of the device shall not result in less than four feet of pedestrian traffic width on the sidewalk;
D. 
The placement of the device shall not be less than four feet from any road surface, fire hydrant, U. S. postal receptacle or handicapped person access ramp;
E. 
The device shall be well maintained and shall have no sharp edges or corners which would be likely to cause personal injury;
F. 
The device must display information on the person responsible for the operation of the device; said information must contain the name, street address, city or town, state and zip code of the person responsible for its maintenance and a telephone number for that person. The information required by this subsection must be placed on the device on the same side and as near as practical to any coin receiving element, or on a device with no coin receiving element, the required information shall be on the main display panel.

§ 130-4 Issuance and posting of decal.

The Town Manager shall issue with every license for a newspaper box, newsrack or newspaper publication vending device location a decal which shall contain the license number and the license expiration date. Said decal must be affixed to the device in such a manner as to make the decal visible from the nearest street or public way.

§ 130-5 Period of license validity; fee.

All licenses issued under this chapter shall be valid for a period of not more than 12 months from the date of issue. All licenses issued under this section shall expire on March 31 following the date of issuance. The fee for each new or renewal license shall be as provided in Chapter 76, Fees, Article II, Schedule of Fees.

§ 130-6 Removal of nonconforming devices; claim procedure.

[Amended 5-6-1989, approved 6-30-1989]
Any newspaper box, newsrack, or news publication vending device found on any publicly owned property within the Town without a valid decal, as required in § 130-4, may be removed and stored by the Superintendent of Public Works. The owner of any newspaper box, newsrack, or news publication vending device so removed and stored may claim the unit from the Superintendent of Public Works upon payment of reasonable storage fees to be determined by the Public Works Commission.

§ 130-7 Violations and penalties.

[Added 5-6-1989, approved 6-30-1989]
Any persons violating the provisions of this chapter shall be punished by a fine not to exceed $200 for each offense.