[HISTORY: Adopted by the City Council of the City of Pleasantville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1982 by Ord.
No. 11-1982 as Ch. 56 of the 1982 Code]
As used in this article, the following terms shall have the meanings
indicated:
- COMMERCIAL ADVERTISING MATTER
- Any sample or device, dodger, bill, handbill, circular, pamphlet, paper, booklet, picture or any other written or printed or reproduced matter which:
- A. Advertises any merchandise, product, commodity, service or other thing for sale.
- B. 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.
- C. While containing reading matter other than advertising mater, 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.
- D. Advertises any medicine or medicinal preparation represented to cure ailments or diseases of the body or mind.
- PRIVATE PREMISES
- 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 shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
A.
No person shall distribute commercial advertising matter
in the city without first obtaining a permit therefor from the Licensing Officer
as hereinafter provided in this article.
B.
Nothing in Subsection A of this section shall be construed to require a permit for the distribution of commercial advertising matter on or in business premises by the proprietor thereof or his agents, servants or employees; nor shall it be deemed to prohibit the delivery of any article expressly permitted by N.J.S.A. 40:48-1, Subsection 22.
The permit issued under this article shall not be deemed to authorize
the holder thereof to distribute commercial advertising matter except in compliance
with the regulations hereinafter set forth in this article.
A.
Every applicant for a permit under this article shall
file with the Licensing Officer a written application signed and verified
by the applicant, on a form supplied by the Licensing Officer.
B.
The application shall state:
(1)
The name and permanent home address of the applicant.
(2)
The place of applicant's residence or residences during
and for each of the three years preceding the filing of the application.
(3)
The name and address of the business or commercial enterprise
that has engaged the applicant to distribute the commercial advertising matter.
(4)
The number of days for which the applicant seeks the
permit.
A.
After due investigation, and upon being satisfied that the applicant is of good moral character and that the business or commercial enterprise for which he proposes to distribute commercial advertising matter is free from fraud, the Licensing Officer shall thereupon issue the permit upon the payment of the permit fee prescribed in § 159-6 hereof. The permit shall specify the number of days for which it shall be effective.
B.
The permittee shall carry said permit with him while
engaged in distributing any commercial advertising matter and shall exhibit
it to any policeman or other person upon request.
The fee for a permit shall be $25.
No person holding a permit issued under this article shall throw, deposit or distribute any commercial advertising matter in or upon private premises which are inhabited, except by handing or transmitting the same directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such commercial advertising matter in or upon inhabited private premises if the premises are not posted as provided in § 159-8 and the commercial advertising matter is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers.
No person shall throw, deposit or distribute any commercial advertising
matter in or upon any private premises if:
A.
Requested by anyone in or upon such premises not to do
so.
B.
There is placed on said premises in a conspicuous position
near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers
or Agents," "No Advertisement" or any similar notice indicating that the occupants
of said premises do not desire to be molested or have their right of privacy
disturbed or to have any such handbills left upon such premises.
No person shall throw or deposit any commercial advertising matter in
or upon any private premises, which are temporarily of continuously uninhabited
or vacant.
No person shall throw or deposit any commercial advertising matter in
or upon any vehicle.
No person shall hand out or distribute any commercial advertising matter
in any public place; provided, however, that it shall not be deemed unlawful
for any person to hand out or distribute, without charge to the receiver thereof,
in any sidewalk, street or other public place, any noncommercial handbill
to a person willing to accept it.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be subject to a fine of not
less than $100 nor more than $1,000, imprisonment for a term not exceeding
90 days and/or a period of community service not exceeding 90 days. Each day
such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
[Adopted 6-7-1982 by Ord.
No. 11-1982 as Ch. 132 of the 1982 Code]
As used in this article, the following terms shall have the meanings
indicated:
- LITTER
- Any printed or written matter or wastepaper of any kind, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original of any matter of literature which advertises for sale any merchandise, produce, commodity or thing or directs attention to any business or mercantile or commercial establishment or other activity for the purpose of promoting the interest thereof by sales or which directs attention to or advertises any meeting, theatrical or other performance, exhibition or event of any kind for which an admission fee is charged for the purpose of providing gain or profit or which, while containing written matter other than advertising matter, is essentially an advertisement and is distributed or circulated for advertising purposes; or any garbage, refuse, rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- PARK
- A park, reservation, playground, beach, recreation center or any other public area in the city owned or used by the city and devoted to active or passive recreation.
A.
No person shall throw or deposit or cause to be thrown
or deposited litter, as herein defined, in or upon any street, sidewalk or
other public place or upon private property within the city, except in public
receptacles, in authorized private receptacles for collection or in official
city dumps.
B.
Open or overflowing commercial, industrial or residential
waste disposal bins are hereby prohibited.
[Added 6-19-1989 by Ord.
No. 12-1989]
[Amended 6-19-1989 by Ord.
No. 12-1989]
Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent its being carried or
deposited by the elements upon any street, sidewalk or other public place
or upon private property. All persons are hereby prohibited from sweeping
onto or depositing in any gutter, street, catch basin or other place any accumulation
of litter from any public or private sidewalk or driveway. Any person who
owns or occupies property shall keep the sidewalk in front of his or her premises
free of litter and shall collect all sweepings and properly containerize said
sweepings for disposal.
No person, while a driver or passenger in a vehicle, shall throw or
deposit litter upon any street or other public place within the city or upon
private property.
No person shall throw, fasten or deposit any handbill in or upon any
vehicle, utility pole or shade tree or upon any public structure or building
within the city limits or upon any private premises which are temporarily
or continuously uninhabited or vacant.[1]
[Added 6-19-1989 by Ord.
No. 12-1989]
A.
Litter receptacles and their servicing shall be at the
following public places within the City of Pleasantville: sidewalks used by
pedestrians in active commercially zoned areas, such that at a minimum there
shall be no single linear quarter-mile without a receptacle; buildings held
out for use by the public, including schools, government buildings and railroad
and bus stations; parks; drive-in restaurants; all street vendor locations;
self-service refreshment areas; construction sites;[1] gasoline service station islands; shopping centers; parking lots;
campgrounds and trailer parks; marinas; boat moorage and fueling stations;
boat launching areas; public and private piers operated for public use; beaches
and bathing areas; and at special events to which the public is invited, including
sporting events, parades, carnivals, circuses and festivals.
B.
The proprietors of these places or the sponsors of these
events shall be responsible for providing and servicing the receptacles such
that adequate containerization is available.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be subject to a fine of not
less than $100 nor more than $1,000, imprisonment for a term not exceeding
90 days and/or a period of community service not exceeding 90 days. Each day
such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
