As used in this chapter, the following terms shall have the following
meanings:
COURIER DROP BOX
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.
MAINTAIN
Place, install, maintain or operate a courier drop box.
PERSON
Any individual, firm, corporation, partnership, association or entity.
ROADWAY
The portion of a street improved, designed or ordinarily used for
vehicular travel.
SIDEWALK
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.
STREET
All the area dedicated to public use for public street purposes,
including but not limited to roadways, parkways, alleys and sidewalks.
UNPROTECTED LANDSCAPED AREA
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. The name and address of the applicant.
B. The proposed specific location(s) of the courier drop
box(es).
C. The dimensions of the box.
D. The person responsible for repair or to be notified for
any reason whatsoever.
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.
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.
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.