[HISTORY: Adopted by the Borough Council of the Borough of New Hope 11-24-1980 by Ord. No. 224 (Ch. 13, Part 3 of the 1990 Code). Amendments noted where applicable.]
Fee Schedule — See Ch. A280.
It is the intent, purpose and scope of this chapter to protect and promote the safety, health and morals of the Borough. It is further the intent of this chapter to help eliminate litter from the streets and public ways of the Borough of New Hope and to protect and improve the aesthetics of the Borough of New Hope.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes but is not limited to such things as food, drinks, refreshments, tobacco products, and merchandise of all kinds.
- VENDING MACHINE
- An apparatus which can store and/or dispense, either automatically or manually, items, upon the insertion of a coin or other monetary equivalent or upon tender of a coin or other monetary equivalent to an attendant or person in charge of such a machine. The term "vending machine" shall include all such apparatuses whether or not in active use.
[Amended 2-9-1981 by Ord. No. 224-A1; 8-13-1990 by Ord. No. 1990-2]
Annual license permit. Every vending machine located within the Borough of New Hope which is intended to be accessible to the general public or which is accessible to the general public shall have a license permit affixed or attached to it. Said license shall be a laminated sign provided by the Borough of New Hope, and shall be affixed to the front of a vending machine in easy and plain view. A separate license shall be obtained for and affixed to each and every vending machine located within the Borough of New Hope which is intended to be accessible to the general public or which is accessible to the general public.
A license shall be obtained for each machine by application to the Borough, and upon payment of an annual fee as established from time to time by the Borough Council per vending machine. Any request for a duplicate license or for a replacement in case of damage or any other reason, shall require a fee as established from time to time by the Borough Council to be paid to the Borough of New Hope. All annual applications shall show the location of the vending machine, and the license permit shall not be issued unless all conditions of this chapter are met. Furthermore, prior to the issuance of a license, the Borough Secretary or any member of the New Hope Borough Police Department shall inspect the vending machine to ensure that all conditions of this chapter have been met. Annual licenses shall be affixed to each vending machine which is intended to be accessible to the general public or which is accessible to the general public on or before January 31 of each and every calendar year.
A license shall be affixed to a vending machine which is intended to be accessible to the general public or which is accessible to the general public within 10 days after it is first installed in the Borough. The fee for said license shall be as established from time to time by the Borough Council, and shall be remitted at time of application and within 10 days after installation of the vending machine.
All vending machines shall be placed within the exterior walls of any existing building on the lot, or must be enclosed by a portable covering. Said covering shall be maintained and shall be removed if the vending machine is not in use for a period of 30 days or more. Said covering shall enclose the sides, rear, and top of all vending machines, and shall extend a minimum of three feet and a maximum of five feet from the front of the machine.
All vending machines not placed within the exterior walls of an existing building on the lot shall be located a minimum distance of six feet from any sidewalk, and shall be provided with a minimum of 100 square feet per machine for consumer use. Vending machines shall not be accessible from sidewalks, streets, or public ways.
Each and every vending machine shall have one litter container located within three feet of each vending machine. One litter container shall not serve more than one vending machine.
The consumption of any edible or potable item dispensed by a vending machine shall be permitted in any building in which a vending machine is located, or if a vending machine is not within a building, then the consumption of any edible or potable item dispensed by such a vending machine shall be permitted on the lot on which the vending machine is located.
[Amended 8-13-1990 by Ord. No. 1990-2]
Any person, partnership or corporation who or which violates any provision of this chapter shall, upon conviction, pay a fine of not more than $600 and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.