Applications may be made to and on forms approved by the Chief of Police 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.
[HISTORY: Adopted 5-21-1990 Annual Town Meeting, Art. 35. Amendments noted where applicable.]
The Chief of Police shall either deny the application, but only for reasons of public safety or aesthetics, 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:
A mechanical, coin-operated (if a charge is involved) 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 Board of Selectmen.
Newspaper dispensing devices shall be placed adjacent and parallel to building walls not more than six inches distant therefrom or nearer and parallel to 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 Chief of Police not to cause an undue health or safety hazard, interfere with the right of public to the proper use of the streets and thoroughfares or cause a nuisance as described by MGL C. 139, § 1; provided, further, however, that no newspaper dispensing device shall be placed, installed, used or maintained:
A.
So as to reduce the clear, continuous combined sidewalk and paved tree lawn width to less than five feet.
B.
Within five feet of any fire hydrant or other emergency facility.
C.
Within five feet of any intersecting driveway, alley or street.
D.
Within three feet of any marked crosswalk.
E.
At any location where the width of the clear space in any direction or the passage way of pedestrians is reduced to less than five feet.
F.
Within 250 feet of another newspaper dispensing device containing the same newspaper or news periodical, except that the Chief of Police may permit two such dispensing devices at an intersection where such placement would not impair traffic or otherwise create a hazardous condition.
G.
In any location where three newspaper dispensing devices are already located.
The rental permits shall be granted upon the following conditions:
A.
The permittee shall pay a rental fee which shall be $12 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 in 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 thereunder.
E.
The permittee shall save and hold the municipality 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 municipality 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. Such policy shall name the municipality as an additional insured and shall be in the amount of not less than $100,000 combined single limit for injury to persons and/or damage to property and shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without 30 days prior written notice to the municipality. A certificate of such insurance shall be provided to the municipality 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.
A person aggrieved by a decision of the Chief of Police in refusing to grant or revoke a rental permit shall have a right to appeal to the Board of Selectmen. Such appeal shall be taken by filing a notice of appeal, including a statement of the grounds for the appeal, with the Town Clerk within 10 days after notice of the decision by the Chief of Police has been given. The Board of Selectmen shall set the time and place for hearing such appeal, and notice of such time and place shall be given in the same manner as specified hereinabove. The Selectmen shall have the power to reverse, affirm or modify the decision of the Chief of Police and any decision made by the Selectmen shall be final.