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SECTION 11.33 PRINTED MATTER VENDING MACHINES

A. No person, firm, corporation, association, partnership, trust or other type of entity shall place, install, use or maintain any printed matter vending machine on any public property, without obtaining a written permit therefor from the Public Works Commission.

B. A "printed matter vending machine" (hereinafter called "machines") shall mean any coin or token operated box, container, stand, rack, storage unit or other dispenser or device installed, placed, used, operated or maintained for the display and sale or distribution of newspapers, periodicals, or other printed matter for public use.

C. The application for the permit shall fully and specifically describe the printed matter vending machine by setting forth its height, depth, and width or any other relevant dimensions if varying in height, depth, and width, the name and business address of the applicant, the exact date or dates said machines will be in place or in operation, the exact place where said machine will be located, the manner by which said machine shall be affixed or held in place and the description of any object to which said machine shall be affixed. Further reasonable information which may affect the public safety, health, or order in the community may be requested from the applicant. An annual application fee, the amount of which will be determined annually thereafter by the Public Works Commission, which fee will be reasonably related to the costs of processing said application, shall be paid for each machine licensed. The form of application shall be approved by the City Solicitor.

D. A certificate of insurance indemnifying and saving harmless the City of Malden from any loss or damage from all suits, actions and claims of any and every nature for or on account of any injuries or damage received or sustained by any person or company or other entity arising from the installation, use or maintenance of such machines shall be filed with the Public Works Commission, prior to their issuance of any permit hereunder; further said policy will directly provide for payment to any person or company or other entity injured thereby.

E. Within twenty days of receipt of such completed application, the Public Works Commission shall grant a permit or shall order a hearing within an additional 10 days, giving at least 5 days written notice to the applicant.

F. Within ten days next following the close of the hearing the Public Works Commission shall grant such permit or shall deny such application upon a finding that issuance of such a permit would lead to the creation of a nuisance or would endanger the public health, safety or order by:

1. unreasonably increasing pedestrian traffic in the area in which the machine is located;

2. endangering the public safety as follows: by reason of the machine's projecting onto, into, or over any part of the roadway of any public street; by reason of its being affixed to a site or location used for public utility purposes, public transportation purposes, or governmental use; or by reason of its being located in such a manner as to unreasonably interfere with or impede the flow of pedestrian or vehicular traffic, sidewalk or street cleaning and/or snow removal, and the ingress or egress from any residence, place of business or any legally parked or stopped vehicle; by reason of esthetic harm and defacement caused by its being affixed to poles, posts, traffic signs or signals, hydrants, mailboxes or other objects at or near such location.

G. No machine shall be chained, bolted or otherwise attached to property owned or maintained by the City of Malden; within three feet of any crosswalk; within fifteen feet of any fire hydrant; within five feet of any fire or police call box or other emergency facility; within five feet of any driveway, public or private; within three feet ahead or fifteen feet to the rear of any designated bus stop, taxi stand, or place marked for handicapped parking; within three feet of any bus bench or shelter; at any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet; within three feet of any display window of any building abutting the sidewalk or other public place in such a manner as to impede or interfere with the reasonable use of such window for display purposes.

H. No machine shall be used for advertising signs or publicity purposes other than that which is essential to identify on no more than two sides of the machine the printed matter offered for sale therein. No letter thereon shall exceed two square inches in size.

I. Each machine shall be maintained in a clean and neat condition and in good repair at all times, and it shall be of one color that does not unnecessarily contrast with the immediate surroundings except that the lettering may contrast with such one color. No reflectorized paint, day-glo, fluorescent, or scotchlite reflective materials or materials of like nature may be used on such machine.

J. The person who places or maintains such machine shall have a name or Massachusetts agent's name, address, and telephone number affixed thereto in a place where such information may easily be seen.

K. Notice of the denial of an application for permit shall be in writing and accompanied by a statement of the reasons therefor. No application shall be denied if the anticipated harm is not significant or if the likelihood of its occurrence is remote. The Public Works Commission may impose conditions upon the permit but said conditions may only relate to compliance with applicable laws or ordinances or to public safety, health or order, or to steps required to be taken to guard against creation of a nuisance or to insure adequate safety and security for the public. No applicant having been denied a permit as aforesaid shall submit the same or similar application within one year of said denial without including in said new application facts showing that the circumstances upon which the original denial was based have substantially changed.

L. Violation of the terms and conditions in this ordinance or in any permit granted hereunder shall be punishable by fines and penalties as provided by Chapter 1.13 and said violation shall be cause for cancellation, suspension, revocation or modification, after hearing, upon three days written notice, sent registered or certified mail, to the name and address set forth in the annual application. The City of Malden may petition the Superior Court department of the trial court to enjoin any violation of this ordinance or the conditions in any permit granted hereunder. If, after hearing, the applicant fails to comply with the order of the Public Works Commission, said Commission may order the removal of said machines and place them in storage in a secure place; the cost of removal and storage shall be paid by the permit holder.

M. If such machine is not used for the distribution of printed matter for a period of 60 calendar days, the same shall be deemed as abandoned property and may be disposed of according to law.