As used in this chapter, the following terms shall have the following
meanings:
MAINTAIN
To place, install, maintain or operate a newspaper vending machine.
NEWSPAPER VENDING MACHINE
Any self-service or coin-operated box, stand, rack, container, storage
unit or other dispenser which is installed, used or maintained for the purpose
of offering for sale, vending, distributing or giving away any publication.
PERSON
Any individual, firm, corporation, partnership, association or entity.
PUBLICATION
Any newspaper, magazine, periodical or similar printed matter.
ROADWAY
The portion of a street which is improved, designed or ordinarily
used for vehicular travel.
SIDEWALK
Any surface provided for the exclusive use of pedestrians, including
the area between the sidewalk and the curb of any street or, if there is no
sidewalk, the area between the edge of the roadway and the property line adjacent
thereto.
STREET
All the area dedicated to public use for public street purposes,
including but not limited to roadways, parkways, alleys and sidewalks.
UNPROTECTED LANDSCAPED AREA
An area improved with flowers or shrubs that is not protected by
either a man-made barrier, such as a fence, or a natural barrier, such as
a hedge.
[Amended 8-26-1985 by Ord. No. 17-85]
No person shall maintain a newspaper vending machine in or on any public
property or outside at any place which is open to the public in the Borough
of Chatham in violation of the provisions of this chapter. Prior to or simultaneously
with locating a newspaper vending machine, the owner of said machine shall
apply for a newspaper vending machine permit for the machine. One permit shall
be required for each newspaper vending machine.
An application for a newspaper vending machine permit or for change
of location of an existing newspaper vending machine shall be filed in writing
in the office of the Borough Clerk on forms provided by that office for that
purpose. The application shall state:
A. The name and address of the applicant or owner.
B. The proposed specific location of the newspaper vending
machine.
C. An accurate description of the newspaper vending machine,
including its dimensions and unique identifying marks, such as its serial
number.
D. The name, address and telephone number of an individual
responsible for repair and maintenance of the machine and to be notified for
any reason or problem whatsoever.
No newspaper vending machine permit shall be issued unless the machine
owner shall have executed and filed with the Borough Clerk an indemnification
agreement pursuant to which the owner agrees to forever defend, protect, indemnify
and save harmless the Borough of Chatham, its officers, agents and employees
from and against any and all causes of action, injuries, losses, damages,
expenses, fees and costs arising out of or to arise out of the owner's
maintenance of a machine or machines in the Borough of Chatham.
All newspaper vending machine permits shall expire annually on June
30 at 12:00 midnight. Permits may be renewed annually by filing an application
in accordance with the provisions of this chapter. All permits issued during
the year shall expire on the annual date set forth above, and there shall
be no reduction in permit fees.
Newspaper vending machine permits shall be issued within 10 business
days after the filing of an application therefor, provided that the applicant
has complied with all the requirements of this chapter.
No person shall maintain a newspaper vending machine on any portion
of a roadway, nor shall any person permit a newspaper vending machine to project
onto, into or over any portion of a roadway.
Every newspaper vending machine which is maintained in whole or in part
upon or projecting over any portion of a public sidewalk or publicly owned
property of any kind shall comply with the following standards:
A. No machine shall be larger than five feet in height,
30 inches in width and two feet in depth.
B. No machine shall be chained, bolted or otherwise attached
to any property not owned by the owner of such machine.
C. Machines may be chained or otherwise attached to one
another; however, no more than three machines may be joined together in this
manner, and a space of not less than 18 inches shall separate each group of
three machines so attached.
D. No machine or group of attached machines shall weigh,
in the aggregate, in excess of 125 pounds when empty.
E. No machine shall be used for advertising, signs or publicity
purposes, other than that dealing with the display, sale or purchase of the
publication sold therein.
F. Each machine shall be maintained in a clean, neat condition
and in good repair at all times.
G. The owner of each machine shall permanently affix thereto
his name, address and telephone number in a place where such information may
be easily seen.
Any person convicted of a violation of any of the provisions of this chapter shall be punishable as provided in Chapter
1, §
1-14. Each violation of a section or subsection of this chapter and each day that a violation continues shall constitute a separate offense.