Applications may be made to and on forms approved by the Selectmen
for rental permits allowing the installation of newspaper dispensing
devices on public property along the streets and thoroughfares within
the Town respecting newspapers having general circulation throughout
the Town.
The Selectmen shall either deny the application, stating the
reasons for such denial, or grant said permit, subject to the following
terms.
As used in this chapter, the following terms shall have the
meanings indicated:
NEWSPAPER DISPENSING DEVICE
A mechanical, coin-operated container constructed of metal,
or other material of substantially equivalent strength and durability,
not more than 50 inches in height and not more than 25 inches in length
and width. The design of such devices shall be subject to approval
by the Architectural Board of Review.
Newspaper dispensing devices shall not be placed in the residential
use districts of the Town and shall otherwise be placed adjacent and
parallel to building walls not more than six inches distant therefrom
or near and parallel to the curb not less than 18 inches and not more
than 24 inches distant from the curb at such locations applied for
and determined by the Selectmen not to cause an undue health or safety
hazard or interfere with the right of the public to the proper use
of the streets and thoroughfares; provided, further, however, that
no newspaper dispensing device shall be placed, installed, used or
maintained:
A. So as to create a hazard to the public health or safety or to impede
or obstruct the normal flow of traffic on any street or sidewalk.
B. So as to reduce the clear, continuous, combined sidewalk and paved
tree lawn width to less than five feet.
C. Within five feet of any fire hydrant or other emergency facility.
D. Within five feet of any intersecting driveway, alley or street.
E. Within three feet of any marked crosswalk.
F. At any location where the width of paved clear space in any direction
for the passageway of pedestrians is reduced to less than five feet.
G. Within 250 feet of another newspaper dispensing device containing
the same newspaper or news periodical, except that the Selectmen may
permit two such dispensing devices at an intersection where such placement
would not impair traffic or otherwise create a hazardous condition.
H. At any location where three newspaper dispensing devices are already
located.
The rental permit shall be granted upon the following conditions:
A. The permittee shall pay a rental fee, which shall be $50 per year
or part thereof, for each location where a newspaper dispensing device
is installed.
B. The permittee, upon the removal of a newspaper dispensing device,
shall restore the property of the Town to the same condition as when
the device was initially installed, ordinary wear and tear excepted.
C. The permittee shall maintain the device in good working order and
in a safe and clean condition and keep the immediate area surrounding
such device free from litter and debris.
D. The permittee shall not use a newspaper dispensing device for advertising
signs or publicity purposes other than that dealing with the display,
sale or purchase of the newspaper sold therein.
E. The permittee shall save and hold the Town harmless from any and
all liability for any reason whatsoever occasioned upon the installation
and use of each newspaper dispensing device and shall furnish, at
the permittee's expense, such public liability insurance as will
protect the permittee and the Town from all claims for damage to property
or bodily injury, including death, which may arise from the operation
under the permit or in connection therewith, and such policy shall
name the Town as an additional insured, shall be in an amount not
less than $100,000 combined single limit for any injury to persons
and/or damaged property and shall provide that the insurance coverage
shall not be canceled or reduced by the insurance carrier without
30 days' prior written notice to the Town. A certificate of such
insurance shall be provided to the Town and maintained before and
during the installation of such devices.
F. Rental permits shall be for a term of one year and shall not be assignable.
G. Such other terms and conditions deemed necessary and reasonable by
the Selectmen.