[Ord. 4-1998, 4/8/1998, § 1]
It shall be unlawful for any person, owner, entity, business,
distributor or agent to place, locate, operate or maintain any honor
box, kiosk or dispenser device for newspapers, pamphlets, leaflets,
magazines or other similar printed materials on public property and
in the public right-of-way, including all public sidewalks and areas
adjoining such sidewalks, without having first obtained the appropriate
licenses and registration approvals from the Borough of Conshohocken
and pursuant to the provisions of this Part.
[Ord. 4-1998, 4/8/1998, § 2]
The Council of the Borough of Conshohocken shall determine the
registration requirements, the imposition of any fees, and the standards
and conditions for the granting of licenses by appropriate Council
resolution as needed from time to time.[1] It shall be unlawful for any person, owner, entity, business,
distributor or agent, after having been granted a license, to violate
or disregard the Borough's regulations and rules regarding honor boxes,
kiosks and dispenser devices.
[1]
Editor’s Note: The current resolution is on file in
the Borough offices.
[Ord. 4-1998, 4/8/1998, § 3]
The administration of the registration and licensing program
and enforcement thereof shall be under the direct supervision and
control of the Borough Code Enforcement Officer. All appeals as to
the decision of the Code Enforcement Officer in granting or refusing
a grant a license, or in the revocation of a license, shall be to
the Council of the Borough of Conshohocken and pursuant to the rules
and regulations enacted by Council from time to time.
[Ord. 4-1998, 4/8/1998, § 4]
As used in this Part, the following terms shall have the meanings
indicated:
Mechanical devices utilized to dispense newspapers, pamphlets,
leaflets, magazines, advertisements, guides, publications and other
printed information and media, but do not require the payment of money
and are generally distributed free of charge and available to the
public without cost.
Coin/cash operated mechanical devices utilized to dispense
newspaper pamphlets, leaflets, magazines, advertising, guides, publications
and other similar printed information and media, and involve or require
the payment of money in exchange for the materials.
Devices or structures utilized to dispense information, newspapers,
pamphlets, leaflets, magazines, advertisements, guides, publications,
forms and other printed media, and they may either be for free, without
cost or dispensed for a fee.
[Ord. 4-1998, 4/8/1998, § 5]
It shall be unlawful for any person to interfere with, tamper,
destroy, damage, vandalize or move any honor box, kiosk or dispenser
device from its proper location if said box or device has been validly
licensed by the Borough. It shall further be unlawful for any person
to cause the dumping or littering of materials contained in the boxes
and devices onto the public areas and rights-of-way, including streets
and sidewalks in the Borough.
[Ord. 4-1998, 4/8/1998, § 6; as amended by Ord.
9-2008, 12/17/2008]
Any person as defined in this Part, or any officer, agent, servant
or employee thereof, who shall fail, neglect or refuse to comply with
any of the terms of this Part shall be, upon conviction thereof, sentenced
to a pay a fine of not more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days.
[Ord. 4-1998, 4/8/1998, Appendix A; as amended by Ord. 9-2008,
12/17/2008]
These rules and regulations and the standards relevant thereto
are promulgated pursuant to this Part and may be updated from time
to time by resolution of Conshohocken Borough Council:
A.
No honor box, kiosk or dispenser shall be operated until it has been
licensed in accordance with this Part.
B.
The Code Enforcement Officer shall receive all license applications
(on forms provided by the Borough) and shall process the same; he
shall also have the authority to revoke any issued license for a violation
of these rules and regulations or on account of any misrepresentations,
fraud or negligence.
C.
Any person or entity or agent whose application has been denied or
revoked shall have the right of appeal to Borough Council; provided,
the appeal is made in writing and forwarded to the Borough Secretary
within 10 days of the denial or revocation letter.
D.
The initial license fee shall be in an amount as established from
time to time by resolution of Borough Council for the 1998 calendar
year; thereafter, the license shall be renewed annually without the
submission of an application for a fee in an amount as established
from time to time by resolution of Borough Council; provided, full
compliance with all rules and regulations has occurred during the
previous year.
E.
Upon payment of the annual license fee and continued compliance with
these rules and regulations, the Code Enforcement Officer shall issue
a license with appropriate sticker to be affixed to the box, kiosk
or dispenser.
G.
No license shall be transferred, assigned or in any way altered;
all successors interest of duly licensed boxes, kiosks or dispensers
shall be required to immediately obtain a license from the Code Enforcement
Officer, de novo, as a prerequisite to lawful operation.
H.
The standards for granting approval of a license shall include but
not be limited to:
(1)
The health and safety of the surrounding properties, residents
and businesses.
(2)
Concerns about traffic and pedestrian congestion.
(3)
Location as it impacts upon the reduced footway space on public
walkways or streets.
(4)
The size, shape and construction of the boxes, kiosks or dispensers,
especially with regard to their sturdiness and inability to fall over
or obstruct access and whether they are constructed and maintained
so as to prevent their contents from being scattered or carried by
the elements onto streets, sidewalks or other public places or private
property.
(5)
Insurance coverage and public liability issues.
(6)
History of compliance with this Part.
(7)
No commercial advertising except for the name of the owner of
the box, kiosk or dispenser or the publisher thereof and telephone
information.
(8)
Proximity to fire hydrants, traffic islands, handicapped access
pavement cuts, utility poles, mail boxes and vehicular on street parking.
(9)
Proximity to private or commercial establishments which either
sell or distribute some or all of the newspapers, pamphlets, leaflets,
guides, publications and printed media.
(10)
Other community safety, health and general well-being standards.
I.
Any person, owner, agent, publisher or any entity which operates
or maintains a box, kiosk or dispenser shall not permit the area surrounding
their box, kiosk or dispenser to become littered as a result of the
operation.
J.
Any honor box, kiosk or dispenser that fails to comply with the requirements
of these rules and regulations shall be removed by the Code Enforcement
Officer and taken to the Borough garage for storage. In addition,
any box, kiosk or dispenser that is not in use for a period of 20
days shall be presumed abandoned and will also be removed by the Code
Enforcement Officer. In both instances, upon payment of removal costs
and fines, they can be redeemed by the owner.
K.
All honor boxes, kiosks or dispenser devices shall only be located
in the zones and designated and authorized by Borough Council by resolution
from time to time; initially these areas are as follows: on the Maple
Street right-of-way on First, Third, Fifth, Seventh, Ninth and Eleventh
Avenues and on the Harry Street right-of-way on First, Third, Fifth,
Seventh, Ninth and Eleventh Avenues.
L.
The Borough will attempt to be as equitable as possible in granting
licenses to all interested parties but reserves the right to conduct
a lottery if necessary or to institute a first come first serve policy
after public notice as to the number of boxes, kiosks or devices available
at the above locations to a single owner, agent, entity or business.
