[HISTORY: Adopted by the Borough Council of the Borough of Pennington 11-2-1981 by Ord. No. 337. Amendments noted where applicable.]
Littering — See Ch. 127.
As used in this chapter, the following terms shall have the meanings indicated:
- Any advertisement, circular, paper, brochure, flyer, shopper or other unsolicited commercial matter, printed or otherwise, of every kind or nature whatsoever.
- PRIVATE PROPERTY
- Includes any dwelling or structure whether or not occupied, as well as any yard, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule or mail box belonging to or appurtenant to such dwelling or structure.
- PUBLIC WAY ADJACENT TO PRIVATE PROPERTY
- Includes the areas from the side edge of a highway, street or road, whether or not curbed, to and including the sidewalk, if any, and if no sidewalk, to the front property line of the adjacent private property, and all areas used for any public park, playground, municipal building or other installation, including driveways, parking areas, walks, paths and other public ways thereupon.
No person shall place upon, deliver, deposit, throw upon, leave or abandon within or upon any private property, public way adjacent to private property or public place in the borough any handbill, except as hereinafter provided.
The provisions of this section shall not be applicable to the delivery of:
Mail, parcels or packages by and in accordance with the rules of the United States Postal Service.
Parcels, packages and materials by and in accordance with the rules of the United Parcel Service or other utility licensed or regulated for such purposes and those delivered by vendors where ordered by the owner or occupant of the recipient premises.
Newspapers and other publications and periodicals only if subscribed to by the owner or occupant of the recipient premises, provided that either they are placed firmly in a receptacle designed for such purpose or, if none, then tightly wrapped to prevent blowing or scattering upon the recipient premises or adjacent areas.
Laundry, dry cleaning, dairy, bakery and similar food products, and commercial product sampling, by agreement with or invitation of the owner or occupant of the recipient premises.
Solicitation cards, brochures and flyers by duly authorized bona fide nonprofit, charitable organizations, including but not limited to United Fund, American Red Cross, religious, educational, medical and volunteer police, fire and ambulance organizations, provided that they are packaged and placed in such manner as not to blow or scatter upon the recipient premises or adjacent areas.
Noncommercial handbills of a political or other nature whose distribution is or may be protected by constitutional rights of free speech, provided that they are packaged and placed in such manner as not to blow and scatter upon the recipient premises or adjacent areas.
Unsolicited and unsubscribed newspapers, publications and other periodicals of a commercial nature, in whole or in part, provided that the distribution of same is in compliance with this chapter, and further provided that they are packaged and placed in such manner as not to blow or scatter upon the recipient premises or adjacent areas.
The owner or occupant of any property within the borough shall have the right, at any time, in writing, either by certified mail or in person, to transmit to the local office of the publisher and/or distributor of any unsolicited or unsubscribed newspapers, publications or other periodicals that are wholly or partially of a commercial nature a notice of objection to the continued delivery of any such unsolicited and unsubscribed material. Such notice of objection shall clearly identify the property to which the continued delivery of any such unsolicited or unsubscribed material is objected. Any publisher and/or distributor who receives said notice of objection shall comply with said notice within 14 days of receipt of said notice and shall discontinue the delivery of the objected to material to the property identified by said notice. Such notice of objection shall continue in effect until revoked, and it shall be deemed a violation of this chapter for any person, including but not limited to a publisher and/or distributor, to deliver, continue to deliver or cause to be delivered any such unsolicited and unsubscribed material to the property of any such objecting owner or occupant.
To facilitate cooperative action with regard to violations as herein described, any owner or occupant of any property within the borough who has transmitted written notice of objection as provided for herein to the publisher and/or distributor may file a copy of said notice and all subsequent correspondence pertaining to said notice with the Borough Clerk, who will maintain a file of such correspondence for public inspection. The Borough Clerk's files are to be kept current by removing therefrom any correspondence which is more than three years old.
Any person, firm or corporation violating any provisions of this chapter shall be liable to a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each violation of the provisions of this chapter shall be deemed a separate violation whether it shall occur on the same day or on succeeding days.