[Adopted 3-9-1987 by Ord. No. 1074 (Ch.
114 of the 1982 Code)]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise
reproduced original or copies of any matter of literature which:
Advertises for sale any merchandise, product,
commodity or thing;
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;
Directs attention to or advertises any meeting,
theatrical performance, exhibition or event of any kind for which
an admission fee is charged for the purpose of private gain or profit;
but the terms of this clause shall not apply where an admission fee
is charged or a collection is taken up for the purpose of defraying
the expenses incident to such meeting, theatrical performance, exhibition
or event of any kind, when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order, provided that nothing contained in this
clause shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition or event
of any kind without a license, where such license is or may be required
by any law of this state, or under any provision of this Code or other
ordinance of the Borough; or
While containing reading matter other than advertising
matter, 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.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, newspaper, magazine, paper, booklet or any other
printed, or otherwise reproduced, original or copies of any matter
of literature not included in the aforesaid definitions of a commercial
handbill or newspaper.
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 such term shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handling or transmitting any such bill directly to the owner,
occupant or any other person then present in or upon such private
premises; except by placing or depositing such handbill on the porch,
door or other part of the entrance of the dwelling on such premises
in such a way as to secure or prevent such handbill from being blown
or drifted about such premises, sidewalks, streets or other public
places, and except that mailboxes may not be used when so prohibited
by federal postal regulations.
B.
The provisions of this section shall not apply to
the distribution of mail by the United States.
Any persons violating any of the provisions
of this article shall, upon conviction, be subject to a fine not to
exceed $1,000.
