[Adopted 6-7-1982 by Ord. No. 11-1982
as Ch. 56 of the 1982 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any sample or device, dodger, bill, handbill, circular, pamphlet,
paper, booklet, picture or any other written or printed or reproduced
matter which:
Advertises any merchandise, product, commodity,
service or other thing for sale.
Directs attention to any business or mercantile
or commercial establishment or other activity, for the purpose of
either directly or indirectly promoting the interest thereof by sales.
While containing reading matter other than advertising
mater, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Advertises any medicine or medicinal preparation
represented to cure ailments or diseases of the body or mind.
Any dwelling, house, building or other structure, designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging to or appurtenant to such dwelling,
house, building or other structure.
A.
No person shall distribute commercial advertising
matter in the city without first obtaining a permit therefor from
the Licensing Officer as hereinafter provided in this article.
B.
Nothing in Subsection A of this section shall be construed to require a permit for the distribution of commercial advertising matter on or in business premises by the proprietor thereof or his agents, servants or employees; nor shall it be deemed to prohibit the delivery of any article expressly permitted by N.J.S.A. 40:48-1, Subsection 22.
The permit issued under this article shall not
be deemed to authorize the holder thereof to distribute commercial
advertising matter except in compliance with the regulations hereinafter
set forth in this article.
A.
Every applicant for a permit under this article shall
file with the Licensing Officer a written application signed and verified
by the applicant, on a form supplied by the Licensing Officer.
B.
The application shall state:
(1)
The name and permanent home address of the applicant.
(2)
The place of applicant's residence or residences during
and for each of the three years preceding the filing of the application.
(3)
The name and address of the business or commercial
enterprise that has engaged the applicant to distribute the commercial
advertising matter.
(4)
The number of days for which the applicant seeks the
permit.
A.
After due investigation, and upon being satisfied that the applicant is of good moral character and that the business or commercial enterprise for which he proposes to distribute commercial advertising matter is free from fraud, the Licensing Officer shall thereupon issue the permit upon the payment of the permit fee prescribed in § 159-6 hereof. The permit shall specify the number of days for which it shall be effective.
B.
The permittee shall carry said permit with him while
engaged in distributing any commercial advertising matter and shall
exhibit it to any policeman or other person upon request.
The fee for a permit shall be $25.
No person holding a permit issued under this article shall throw, deposit or distribute any commercial advertising matter in or upon private premises which are inhabited, except by handing or transmitting the same directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such commercial advertising matter in or upon inhabited private premises if the premises are not posted as provided in § 159-8 and the commercial advertising matter is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers.
No person shall throw, deposit or distribute
any commercial advertising matter in or upon any private premises
if:
A.
Requested by anyone in or upon such premises not to
do so.
B.
There is placed on said premises in a conspicuous
position near the entrance thereof a sign bearing the words "No Trespassing,"
"No Peddlers or Agents," "No Advertisement" or any similar notice
indicating that the occupants of said premises do not desire to be
molested or have their right of privacy disturbed or to have any such
handbills left upon such premises.
No person shall throw or deposit any commercial
advertising matter in or upon any private premises, which are temporarily
of continuously uninhabited or vacant.
No person shall throw or deposit any commercial
advertising matter in or upon any vehicle.
No person shall hand out or distribute any commercial
advertising matter in any public place; provided, however, that it
shall not be deemed unlawful for any person to hand out or distribute,
without charge to the receiver thereof, in any sidewalk, street or
other public place, any noncommercial handbill to a person willing
to accept it.
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be subject to a fine of not less than $100 nor more than $1,000, imprisonment
for a term not exceeding 90 days and/or a period of community service
not exceeding 90 days. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such.
