Town of Derry, NH Newspaper Vending Machines

Notwithstanding any other provisions of these ordinances, in recognition of important considerations of freedom of speech and the press, the Director of Public Works or his or her designee shall issue a license allowing the placement of newspaper or magazine vending machines, boxes, or racks, on the public sidewalks of Derry, upon application to the Director demonstrating the following:

A.

The newspaper or magazine vending machines, boxes, or racks shall be placed as close as possible flush with the wall of a building abutting the public sidewalk.

B.

The newspaper or magazine vending machines, boxes, or racks shall not infringe on a clear corridor for pedestrian traffic or five feet in width on any sidewalk on which the newspaper or magazine vending machines, boxes, or racks are placed. The newspaper or magazine vending machines, boxes, or racks shall, however, be sturdy enough to withstand being blown over by wind up to 60 miles per hour.

C.

The newspaper or magazine vending machines, boxes, or racks shall not be attached or bolted to, supported by or impede access to any structure, including but not limited to a parking meter, traffic-control sign or signal, refuse receptacle, bench, tree or tree guard.

D.

The applicant shall obtain liability insurance, as attested by insurance certificates naming the Town as an additional insured, providing protection in the sum of $300,000 for injury to persons and $100,000 for property damage.

E.

The applicant/licensee, by placing the newspaper or magazine vending machines, boxes, or racks on the sidewalks, accepts liability and responsibly for any and all damage caused to or by its machines, boxes or racks and agrees to hold harmless, indemnify, and absolve the Town of any and all liability for damage to its property for any cause whatsoever.

Any applicant whose license request has been rejected by the Director of Public Works may appeal to the Town Council at its next meeting. The Council may, upon a hearing, overrule the Director and grant the license if it shall determine that justice so requires.

Any person erecting newspaper or magazine vending machines, boxes, or racks without first obtaining a license as provided in this chapter shall be subject to a penalty of $100.

Any newspaper or magazine vending machines, boxes, or racks erected on a public sidewalk without a license or not in accordance with the representations of the license application may be removed by the Town and the owners charged for the expense so long as the Public Works Department provides 24 hours' notice.