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.