Borough of Washington, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Washington 4-15-1963. Amendments noted where applicable.]
GENERAL REFERENCES

Licensed occupations — See Ch. 54.

Littering — See Ch. 55.

Public health nuisances — See Ch. 59.

§ 49-1
Definitions. 

§ 49-2
Permit and application. 

§ 49-3
Rules and regulations. 

§ 49-4
Improper posting. 

§ 49-5
Distribution methods. 

§ 49-6
Canvassing hours established. 

§ 49-7
Nonapplicability. 

§ 49-8
Violations and penalties. 

§ 49-1 Definitions.

For the purposes of this chapter, the terms used herein are defined as follows:

DISTRIBUTION
Free distribution and/or delivery.
PRINTED MATTER
Any or all of the following: circulars, handbills, notices, cards, newspapers, magazines, pamphlets and leaflets.

§ 49-2 Permit and application.

[Amended 1-8-1974 by Ord. No. 34-73; 11-17-2008 by Ord. No. 13-2008]

No person shall, within the limits of the said Borough, distribute any printed matter or any samples of merchandise without having first obtained a written permit for such distribution from the Chief of Police or other officer performing the duties of Chief of Police in the said Borough. Such permit shall be issued as a matter of course for a fee of $25 per distribution to any person of good repute who shall make written application therefor. Every such application shall be signed by the person desiring to engage in such distribution and by the person, firm or corporation for whose account such distribution is intended to be made, and shall be accompanied by a copy or duplicate of the printed matter or sample of merchandise which it is proposed to distribute, and shall contain a designation of the date or dates on which it is intended to make such distribution, and shall contain an agreement to comply with all regulations hereinafter set forth.

§ 49-3 Rules and regulations.

The following regulations for the distribution of printed matter and/or samples of merchandise are hereby established in and for the said Borough as a part of this chapter:

A. 

No printed matter or samples of merchandise shall be placed, thrown or discarded by any person upon any public street, road, avenue, park or other public place in the said Borough, or upon the lawn or in the yard appurtenant to any dwelling house or other building located therein, or upon any field or other open space within the said Borough.

B. 

No person shall distribute any printed matter or sample of merchandise by placing the same in or upon, or by attaching the same to, any automobile, truck or other motor vehicle.

C. 

No printed matter or sample of merchandise shall be distributed by any person at any dwelling house or other building within the said Borough unless such printed material or sample of merchandise is delivered into the hands of some person there offering to receive the same or is placed in the slot or receptacle provided on the premises for the receipt of printed matter; provided, however, that, if distribution cannot be made in either manner indicated in this subsection, such printed matter or sample of merchandise may be distributed by placing and leaving the same outside upon the said premises in such manner as to be readily seen and taken up by a person entering such dwelling house or building and in such manner, so far as practicable, as not to be blown into or upon the yard or lawn of the said premises or into or upon any public highway.

D. 

No person shall distribute any printed matter or sample of merchandise upon the premises of any dwelling house or other building known to be vacant by the person distributing such printed matter or sample of merchandise.

§ 49-4 Improper posting.

It shall be unlawful to tack, nail, paste, paint or otherwise affix any handbill upon any bridge, fence, sidewalk, building, monument, pole or post, tree or trees, provided that handbills may be affixed upon private buildings or billboards if the consent of the owner shall have first been obtained and provided further that this shall not prohibit lawfully posted legal notices.

§ 49-5 Distribution methods.

It shall be unlawful for any person to distribute any handbill so as to interfere with the free flow of public travel, either pedestrian or vehicular, or so as to cause the formation of crowds which impede the free use of the streets, sidewalks or other places, nor shall any person distribute handbills in a manner so as to cause public disorder or breach of the peace or molest or annoy any individual, group or gathering.

§ 49-6 Canvassing hours established.

No person shall canvass in the Borough except between the hours of 9:00 a.m. and 5:00 p.m., and when and if daylight saving time is legally in effect, the hours shall be between 9:00 a.m. and 5:00 p.m. (daylight saving time).

§ 49-7 Nonapplicability.

[Amended 1-8-1974 by Ord. No. 34-73]

This chapter shall not apply to or include the solicitation or delivery of any political or religious literature, any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law and, in addition thereto, which newspaper shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

§ 49-8 Violations and penalties.

[Amended 1-8-1974 by Ord. No. 34-73]

Each day's violation of any of the provisions of this chapter shall constitute a separate offense hereunder and be punishable as such. Any person violating any of the provisions of this chapter shall, upon conviction thereof, forfeit and pay a fine of not more than $500 for each separate offense or be imprisoned in the county jail for a term not to exceed 90 days, or both, in the discretion of the Judge.