[HISTORY: Adopted by the Mayor and Council
of the Borough of Glassboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-28-2006 by Ord. No. 06-17[1]]
[1]
Editor's Note: This ordinance also repealed
former Ch. 139, Advertisements and Handbills, adopted 2-9-1971 by
Ord. No. 3-71 as Ch. 35 of the 1971 Code, as amended.
It shall be unlawful for any person to distribute,
cast or place in or along any of the streets or public places of the
Borough of Glassboro or on any of the sidewalks or footpaths thereof
or into any vestibule or yard or upon any porch of any store, dwelling
house or other building within the limits of said Borough any circulars,
handbills, advertisements, or other printed matter, without having
notified the Glassboro Police Department of the date, hour, and locations,
including the name, address, and contact phone number of the person
legally responsible.
A.
General prohibition. No person shall be permitted
to distribute any such circulars, advertisements, handbills or other
printed matter in or upon the public highways or upon any property
throughout the Borough of Glassboro in such a manner or under such
circumstances as might be likely to create a breach of peace or to
create an obnoxious or unsightly condition. Such materials shall not
be discarded, deposited, thrown or left upon any parking place, street,
road, avenue, park or other public place or upon any lot or other
premises, except in the manner herein provided.
B.
Distribution requirements. Distribution of circulars,
advertisements, handbills or other printed matter shall be accomplished
in the following manner:
(1)
To individuals: by handing such materials to them
personally.
(2)
To dwelling houses, places of business or any other
structures: by leaving such materials on the porch or on the entranceway
of such structure in a secure manner so as not to be blown away by
the elements and in a manner calculated to be readily observable by
the occupant of said structure upon entry to same.
(3)
If placed on parked motor vehicles, in a secure manner
so as not to be blown away by the elements and calculated to be readily
observable by the operator of such motor vehicle upon entering same.
No person shall permit the distribution or delivery
of any printed matter hereinbefore recited which is vulgar, indecent,
obscene or in any sense likely to create a breach of peace.
The provisions of this article shall not be
construed to affect or prohibit the distribution of the United States
mail within the Borough of Glassboro or the distribution of newspapers
entered with the Post Office of the United States Government as second-class
mail matter or the delivery of newspapers and publications to subscribers
(as opposed to unsolicited deliveries).
As used in this article, the following terms
shall have the meanings indicated:
Includes any person, partnerships, corporations, associations
and their agents and employees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be sentenced to a
fine of not more than $2,000, imprisonment for not more than 90 days
or a period of community service for not more than 90 days, or any
combination thereof.
[Adopted 9-12-2017 by Ord. No. 17-37]
[1]
Editor's Note: Digital advertising rates for the Borough of
Glassboro are on file in the Borough offices.
A.
For purposes of this policy, "advertising" is understood to be content
created by individuals, using accessible, expandable, and upgradable
publishing technologies, through and on the internet. Examples of
social media include Glassboro websites, apps, Facebook, Google+,
blogs, MySpace, RSS, YouTube, Second Life, Twitter, Linkedln, Delicious,
Pinterest, Instagram, Flickr and/or any media now in existence or
hereafter developed.
B.
This is to include information, articles, pictures, videos or any
other form of communicative advertising content posted on all Borough
of Glassboro social media sites and all Glassboro Newsletters, Boro
Briefs Newsletters, Spotlight on Glassboro cable television, glassboro.org,
wayfinding signage, all print advertising and all in-app advertising.
(1)
Potential advertisers must be a business or nonprofit currently registered,
and in good standing, within the Borough of Glassboro and hold an
up-to-date mercantile license within the Borough.
(2)
The Council has sole discretion for determining the types of advertisements
which will be accepted and displayed, and under no circumstances shall
the Council's acceptance of any advertisement be considered an endorsement
of the product(s) and/or service(s) advertised or for the entity that
manufactures, distributes or promotes such product(s) or service(s).
(3)
The Council will not accept advertisement which, in the Council's
opinion, is not factually accurate and in good taste. The Council
will not permit at any time the placement of any advertisement or
illegal objectionable products or services. Advertisements must not
contain fraudulent, deceptive or offensive material, including material
that misrepresents, ridicules, or attacks an individual or group on
the basis of age, color, national origin, race, religion, sex, sexual
orientation or handicap.
(4)
Advertisements must not be related to any of the following:
(a)
The use or sale of firearms, weapons, ammunition, or explosives.
(b)
Defamatory content.
(c)
Content must not contain profanity or bad grammar and punctuation.
Symbols, numbers, and letters must be used properly.
(d)
Deceptive, false, or misleading content, including deceptive
claims, offers, or business practices.
(e)
Content that is shocking, sensational, disrespectful or excessively
violent content.
(f)
Content that demeans, degrades, or shows hate toward a particular
race, gender, culture, country, belief, or toward any member of a
protected class.
(g)
Content must not contain content that exploits controversial
political or social issues for commercial purposes.
(h)
Content depicting excessive violence, including the harming
of animals.
(i)
Any illegal conduct, product, or enterprise.
(j)
Obscene, adult or pornographic content which includes nudity,
depictions of people in explicit or suggestive positions, or activities
that are overly suggestive or sexually provocative.
(k)
Content must not promote the sale or use of adult products or
services, except for ads for family planning and contraception. Ads
for contraceptives must focus on the contraceptive features of the
product, and not on sexual pleasure or sexual enhancement, and must
be targeted to people 18 years or older.
(l)
Advocacy of imminent lawlessness or violent action.
(m)
Content may not promote the sale of spy cams, mobile phone trackers
or other hidden surveillance equipment.
(n)
Content must not contain "before-and-after" images or images
that contain unexpected or unlikely results. Ad content must not imply
or attempt to generate negative self-perception in order to promote
diet, weight loss, or other health-related products. Ads for health,
fitness or weight loss products must be targeted to people 18 years
or older. Ads must not promote the sale or use of unsafe supplements,
as determined by the Council in its sole discretion. Ads that promote
acceptable dietary and herbal supplements may only target people who
are at least 18 years of age.
(o)
The improper use or sale of alcoholic beverages. Ads that promote
or reference alcohol must comply with all applicable local laws, required
or established industry codes, guidelines, licenses and approvals,
and include age and audience targeting.
(p)
Content depicting drug use. Ads must not promote the sale or
use of illegal, prescription, or recreational drugs.
(q)
The use or sale of tobacco products and related paraphernalia.
(r)
Any copyrighted material for which the advertiser is not the
holder of the copyright or licensed to use content.
(s)
Illegal and/or illicit materials.
(t)
Content that directs users to phishing links, malware, or similarly
harmful codes or sites.
(u)
Content that deceives users into providing personal information
without their knowledge, under false pretenses, or to companies that
resell, trade, or otherwise misuse that personal information.
(v)
Get-rich-quick or pyramid schemes or offers or any other deceptive
or fraudulent offers.
(w)
Content must not contain spyware, malware, or any software that
results in an unexpected or deceptive experience. This includes links
to sites containing these products. Ads must not direct people to
nonfunctional landing pages. This includes landing page content that
interferes with a person's ability to navigate away from the page.
(x)
Content may not promote penny auctions, bidding fee auctions
or other similar business models.
(y)
Content must not promote misleading or deceptive services related
to student loan consolidation, forgiveness, or refinancing.
(z)
Content must not promote or facilitate online real money gambling,
real money games of skill or real money lotteries, including online
real money casino, sports books, bingo, or poker, are only allowed
with prior written permission. Authorized gambling, games of skill
or lottery ads must target people 18 years or older who are in municipalities
for which permission has been granted.
[1]
Lotteries run by government entities may advertise with Glassboro,
provided the ads are targeted in accordance with applicable law in
the jurisdiction in which the ads will be served and only target people
in the jurisdiction in which the lottery is available.
(5)
Each advertisement must clearly identify the advertiser. Any advertisement
that could be misconstrued as editorial content will be clearly labeled
as an advertisement.
(6)
Any testimonials and endorsements contained in ads or in an advertiser
account must comply with all applicable laws, industry codes, rules,
and regulations. For example, a clear and conspicuous disclaimer is
required if an endorser's results were atypical or if the endorser
was paid.
(7)
Ads must not contain content leading to external landing pages that
provide an unexpected or disruptive experience. This includes misleading
ad positioning, such as overly sensationalized headlines, and leading
people to landing pages that contain minimal original content and
a majority of unrelated or low-quality ad content.
(8)
The Council recognizes and maintains a distinct separation between
advertising content and editorial and decisionmaking content. All
advertising content shall be clearly and unambiguously identified
as such, and the Council will not run any advertisement which is not
so identified. Additionally, the Council retains the right to proscribe
the form and substance of all editorial content.
(9)
The Council reserves the right to reject, cancel or remove at any
time any advertisement for any reason and will provide prompt notice
to the advertiser upon rejection, cancellation, or removal of any
advertisement, together with an explanation following the rejection,
cancellation, or removal. The Council also reserves the right to determine
the appropriate placement of any advertisement.
(10)
It is the responsibility of the advertiser to comply with all
applicable national and international laws, including applicable laws
and regulations of regulatory bodies. The Council will not monitor
compliance with applicable laws and regulations. However, the Council
reserves the right to review all advertisements for compliance with
applicable laws and regulations and, if the Council becomes aware
of any violation or potential violation of any applicable law or regulation
or of these guidelines, the Council may remove the advertisement.
(11)
No advertisement shall be permitted which may injure the good
name or reputation of the Council.
(13)
Payment for advertising shall be made 30 days before the date
in which advertising is published.
(14)
Advertiser and its agency shall be jointly and severally liable
for the payments of all bills and charges incurred. The advertiser
authorizes the Council, at its election, to tender any bill to its
agency, and such tender shall constitute notice to the advertiser
of the bill and such manner of billing shall in no way impair the
joint and several liability of the advertiser and its agency. Payment
by the advertiser to this agency shall not discharge the advertiser's
liability to the Council. The rights of the Council shall in no way
be affected by any dispute or claims as between the advertiser and
its agency.
(15)
Each advertiser and its agency represent and warrant that they
are authorized to publish the entire contents and subject matter of
the advertisement and that publication by the Council will not violate
the personal or proprietary rights of any third party or any law or
governmental regulation. Advertiser and its agency will indemnify
and hold the Council, its employees and representatives harmless from
and against any loss, expense, or liability (including attorneys'
fees) arising out of the publication or distribution of such advertising,
without limitation.
(16)
The Council reserves the right, at its absolute discretion and
at any time, to reject any advertisement copy, whether or not the
same has already been acknowledged and/or previously published. Advertisements
that simulate editorial content must be clearly labeled "advertisement,"
and the Council may, in its sole discretion, so label such copy.
(17)
In the event the advertiser uses or pays for less advertising
then agreed upon or the advertiser or its agency otherwise reaches
the terms of its agreement; or if at any time the Council and its
reasonable judgment determines that the advertiser is not likely to
have published the total amount of advertising specified during the
term of the agreement, any rate discount will be retroactively nullified
and advertiser and its agency will be charged the difference between
the rates charged and the rates applicable for the volume of space
actually used and paid for, in accordance with applicable rate schedules
("short-rate"). In such event, the advertiser and its agency must
reimburse the Council for the short-rate within 10 days of the Council's
invoice and therefore and advertiser will thereafter pay for advertising
at the open rate or at the newly determine rate(s), as applicable.
(18)
The Council, at its option, may terminate its relationship with
an advertiser and/or its agency for the breach of any of the terms
of this advertising policy, it being specifically understood without
limitation that failure on the part of either an advertiser or its
agency to pay each bill on or before its due date shall constitute
a breach. Should the Council terminate its relationship with an advertiser
and/or agency, all charges incurred together with short-rate charges
shall be immediately due and payable.
(19)
Orders containing terms, rates or conditions or specifying position
may be accepted but such terms or rates, conditions or specifications
are not binding unless the Council or its designee has specifically
agreed to them, in writing.
(20)
The Council does not guarantee any given level of circulation
or readership.
(21)
The Council's liability for failure to publish an advertisement
shall not exceed a refund of or credit for the Council's charge for
such advertisement. The Council's liability for errors and published
advertisements shall be to provide advertiser a credit for the actual
space of the error if the error is brought to the Council's attention
no later than five working days after the advertisement first appears,
unless a proof of the advertisement was provided to or reviewed by
the advertiser or agency, in which event the Council shall have no
liability.
(22)
In no event shall the Council be liable to advertiser, agency
or any other parties for any further damages of any kind arising from
advertiser's placement of advertising, including but not limited to
direct, indirect, special or consequential damages or lost profits.
(23)
Advertisements placed by an advertiser may include online advertising
to appear on the Council's affiliated website, apps, social media
and/or any media now in existence or hereafter developed. The terms
and conditions of the websites, apps, or social media rate cards apply
to such online advertising.
(24)
The advertiser and its agency recognize that the copyright in
any advertisements created by the Council is owned by the Council.
As to all other advertisements, the advertiser and its agency agree
that the Council has the nonexclusive right, for the full term of
copyright, by itself or through third parties, to republish and reuse
any advertisements submitted in any form in which the advertisements
may be published or used (in any media now in existence or hereafter
developed) in whole or in any part, whether or not combined with materials
of others.
(25)
The Council is not responsible for any inadvertent or legally
compelled disclosure of advertising information.
(26)
The foregoing terms (and the terms of the advertising agreement
between the Council and the advertiser and/or agency, if any) shall
govern the relationship between the Council and advertiser and its
agency. Unless expressly agreed to, in writing signed by the Borough
Administrator or his/her designee, no other terms and conditions in
insertion orders, copy instruction, letters or otherwise will be binding
on the Council.
(27)
All advertising positions are at the option of the Council and
subject to prior requests, guarantees, color and mechanical capacities.
The Council will consider all position requests. However, no adjustments,
refunds or reinsertions will be made because of the position in which
an advertisement has been published unless a guaranteed position premium
has been paid.
(28)
No space may be used or resold by the advertiser for the promotion,
either directly or indirectly, of any business organization or enterprise
other than one conducted by the advertiser.
(29)
The Council reserves the right to place a one-point rule around
advertisements that are received without a border unless prior arrangements
have been made with the Borough Administrator or designee.
(30)
The Council reserves the right to amend this advertising policy
at any time with a written notice to any affected advertising contractor.
(31)
The Council's contract (on file) granting advertising rights
shall include this advertising policy as an attachment.
(32)
The advertiser must comply with the advertising standards set
forth in this advertising policy, as they may be amended from time
to time.
(33)
Materials will not be returned to an advertiser unless specifically
requested in advance of a publication by advertising. Materials will
be discarded after six months.
(34)
Cancellations in writing must be received no later than three
working days after the closing date. Advertisers canceling after the
closing date will be billed for space ordered.
(35)
All advertisements are subject to the Open Public Records Act
(OPRA).[2] Any content maintained in an advertising format that is
related to Glassboro business, including a list of subscribers, posted
communication, and communication submitted for posting, may be a public
record subject to public disclosure.
[2]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
