City of Pleasantville, NJ Littering

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:

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.

§ 159-2 Permit required.

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.

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.

§ 159-3 Compliance with regulations.

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.

§ 159-4 Permit application; contents.

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.

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.

§ 159-5 Issuance, term and exhibition of permit.

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.

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.

§ 159-6 Permit fee.

The fee for a permit shall be $25.

§ 159-7 Distribution on private property.

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.

§ 159-8 Distribution where sign posted.

No person shall throw, deposit or distribute any commercial advertising matter in or upon any private premises if:

Requested by anyone in or upon such premises not to do so.

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.

§ 159-9 Depositing on vacant 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.

§ 159-10 Depositing on vehicles.

No person shall throw or deposit any commercial advertising matter in or upon any vehicle.

§ 159-11 Distributing in public places.

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.

§ 159-12 Violations and penalties. [1]

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.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article II: General Littering Regulations

[Adopted 6-7-1982 by Ord. No. 11-1982 as Ch. 132 of the 1982 Code]

§ 159-13 Definitions.

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.

§ 159-14 Littering prohibited.

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.

Open or overflowing commercial, industrial or residential waste disposal bins are hereby prohibited.

[Added 6-19-1989 by Ord. No. 12-1989]

§ 159-15 Depositing litter in receptacles.

[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.

§ 159-16 Throwing litter from vehicles.

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.

§ 159-17 Placement of handbills restricted.

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]

[1]

Editor's Note: See also Art. I, Distribution of Commercial Advertisements, of this chapter.

§ 159-18 Location of receptacles; responsibility to service receptacles.

[Added 6-19-1989 by Ord. No. 12-1989]

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.

[1]

Editor's Note: See also Ch. 105, Building Materials, Art. II, Placement of Construction Waste.

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.

§ 159-19 Violations and penalties. [1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).