[HISTORY: Adopted by the Board of Commissioners of the City of Union City 1-7-1997 as § 8-4 of the 1996 Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample of device, or any printed or otherwise reproduced original or copies of any matter or literature which:
- A. Advertises for sale any merchandise or thing.
- B. Directs attention to any business establishment or other activity for the purpose of directly or indirectly promoting sales.
- C. Directs attention to or advertises any meeting 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 section 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 or event when it 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 chapter shall be deemed to authorize the taking place of any meeting 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 ordinance of this City.
- D. While containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
- HANDBILL DISTRIBUTOR
- Any person engaging in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers, and any person receiving compensation directly or indirectly for the distribution of such handbills.
- Any newspaper of general circulation as defined by 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 shall mean also any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device or any other printed or otherwise reproduced original or copies of any matter or literature, not included in the definitions of a sign, commercial handbill or newspaper.
- PRIVATE PREMISES
- Any structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or uninhabited, and shall include any grounds, walk, driveway, porch, steps, vestibule or mailbox appurtenant to the structure.
- PUBLIC PLACE
- All public ways, public parks, grounds and buildings.
No person shall post or affix, or cause the same to be done by any person, any notice, advertisement or device calculated to attract the attention of the public to or upon any part of any public way or public place, or any lamppost, electric light or telephone pole, hydrant, shade tree or tree box, or upon any public structure, or upon any fixture of the fire alarm or police telegraph system, except as may be authorized or required by the laws of the United States, the State of New Jersey or the ordinances of the City.
It shall be unlawful for any person to place or throw any commercial or noncommercial handbill in or upon any public place, provided that it shall not be unlawful for any person to distribute without charge to the receiver a noncommercial handbill in a public place to a person willing to accept such noncommercial handbill.
It shall be unlawful for any person to distribute any commercial or noncommercial handbill in or upon any vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any noncommercial handbill to the occupant of any vehicle who is willing to accept the same.
It shall be unlawful for any person to distribute any commercial or noncommercial handbill upon any premises, if requested by the owner or its authorized agent not to do so, or if there is placed on the premises in a conspicuous position near the entrance a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating that the owner of the premises does not desire to have the privacy of the occupants disturbed or to have handbills left upon the premises.
No person shall distribute any commercial or noncommercial handbill in or upon any private premises except by transmitting the handbill directly to the person then present, or in the case of private premises which are not posted as provided in the chapter, unless requested by the owner or its authorized agent not to do so may place any handbill in or upon the private premises, provided that the handbill is so placed as to prevent it from being blown about. Mailboxes may not be so used when prohibited by federal postal laws or regulations.
It shall be unlawful for any person to post any commercial or noncommercial handbill on any private premises without the consent of the owner or its authorized agent.