[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.]
GENERAL REFERENCES
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.
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]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
