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.
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.
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.
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.