[HISTORY: Adopted by the Township Council of the Township of East Brunswick 10-23-67 as Ord. No. 67-95 and as Sec. 4-4 of the Revised General Ordinances. Amendments noted where applicable. Replaced in its entirety 8-10-15 by Ord. 15-15.]
The purpose of this Article is to implement valid time, place, and manner restrictions on those handing out commercial and non-commercial handbills to ensure the protection of the health, safety, and welfare of its citizenry. The purpose of this article is not to restrict any citizens' First Amendment rights. The Township of East Brunswick does not have a desire to interfere with an individual or an entity's First Amendment or free speech rights, open dialogue, and the free exchange of opinions.
This Article shall not apply to solicitors, peddlers, canvassers, vendors, or itinerant vendors. This article does not change or apply to Article III, Peddlers, Solicitors, and Itinerant Vendors.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL HANDBILL
- Includes any printed or written matter, sample of goods or merchandise or otherwise reproduced original or copies of any matter or literature, except newspapers, magazines and periodicals of general circulation, and mail matter, which:
Advertises for sale any merchandise, product, commodity or thing;
Directs attention to any business, mercantile or commercial establishment or other activity for the purpose of promoting the interest thereof by sales; or
Directs attention to or advertises any show, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit.
- HANDBILL DISTRIBUTOR
- Any person who distributes or causes the distribution of commercial handbills.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter not included in the definition of commercial handbill and not a newspaper, magazine, periodical of general circulation or mail matter.
No permit or license shall be required for any individual or representative of an entity that wishes to hand out commercial or noncommercial handbills.
No person, or representative of an entity shall serve or cause to be served any commercial or noncommercial handbill before 9:00 a.m. or after 9:00 p.m. any day of the week. This subsection shall not apply to persons who are expressly invited by residents of the Township to come to their homes at a different times.
No person, or representative of an entity shall serve or cause to be served any commercial or noncommercial handbill at any uninhabited dwelling or dwellings where there is posted in a conspicuous place near the entrance a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertising," or words of similar import. All handbills distributed on private property shall be securely placed at each dwelling so as not to be blown away by the wind.
Noncommercial handbills may be distributed in both public and private places, provided that such handbills shall not be attached to, deposited or placed in or upon motor vehicles unless occupied and the occupant expressly accepts the same.
No person, or representative of an entity shall serve or cause to be served any commercial handbill that does not have printed upon it the name and address of the organization or person sponsoring the handbill.
No person, or representative of an entity shall serve or cause to be served any handbill that is false, deceptive, misleading, or which proposes illegal transactions.
No person, or representative of an entity shall circulate a commercial handbill in or upon any public place or outdoor area that is open to the public.