[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:
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:
A.
Advertises for sale any merchandise, product, commodity or thing;
B.
Directs attention to any business, mercantile or commercial establishment
or other activity for the purpose of promoting the interest thereof
by sales; or
C.
HANDBILL DISTRIBUTOR
NONCOMMERCIAL HANDBILL
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.
Any person who distributes or causes the distribution of
commercial handbills.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
