The purpose of the chapter is to protect the
Town and its inhabitants from the unregulated installation, use or
maintenance of newsracks on public streets, sidewalks and other public
properties. The unregulated installation, use or maintenance of newsracks
on public streets, sidewalks and other public properties will result
in obstruction of sidewalks that will interfere with the public's
right to unhampered passage thereon, will create traffic congestion
or illegal parking or stopping by motorists in order to purchase newspapers,
periodicals or other printed matter, will damage municipal property
because of the chaining of newsracks to poles, traffic standards or
other fixtures, will interfere with the performance of required municipal
services, will create unsightly conditions and will endanger the safety
and welfare of the inhabitants of the Town.
For the purposes of the chapter, the following
words and phrases shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future;
words in the plural include the singular; and words in the singular
include the plural:
DISTRIBUTOR
Any person responsible for the installation, use or maintenance
of a newsrack in or on a public street.
NEWSRACK
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers, periodicals or other printed matter.
PERSONS
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate or any
other legal entity or its legal representatives, agents or assigns.
PUBLIC STREET
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel, and it includes any alley
or other public property in the Town.
ROADWAY
That portion of a public street improved, designed or ordinarily
used for vehicular travel, including the curb or shoulder.
SIDEWALK
That portion of a public street between the curblines or
lateral lines of a roadway and the adjacent property lines intended
for use by pedestrians.
No person shall install, use or maintain any
newsrack which projects onto, into or over any part of the roadway
of any public street.
Any distributor placing newsracks on sidewalks
or other public place within the Town shall provide liability insurance
in the amount of $1,000,000 for each occurrence for bodily injury
and in the amount of $500,000 for each occurrence for property damage
naming the Town as an insured. Any such distributor shall further
agree to hold the Town, its official bodies, other committees and
their employees, agents and assigns, harmless in any suit brought
against the Town or any of its official bodies, other committees and
their employees, agents and assigns arising out of the use, operation
or maintenance of the newsracks. Any distributor placing newsracks
on sidewalks or other public places within the Town shall further
indemnify and hold the Town, its official bodies other committees
and their employees, agents and assigns harmless from any damage caused
to any newsrack by virtue of the Town performing snow removal or other
municipal services on the Town's public streets, roadways and sidewalks.
There shall be an annual fee of $50 per newsrack.