[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 5-13-1970 as Sec. 4-3 of the 1970 Revised General Ordinances (Ch.
203 of the 1992 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or other printed or otherwise
reproduced original or copy of any matter of literature, which:
Advertises for sale any merchandise, product, commodity or thing.
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either, directly
or indirectly, promoting the interests thereof by sales.
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit. The terms of this definition
shall not apply where an admission fee is charged or a collection
is taken up for the purpose of defraying the expenses incident to
such meeting, theatrical performance, exhibition or event of any kind
when either of the same is held, given or takes place in connection
with the dissemination of information which is not restricted under
the ordinary rules of decency, good morals, public peace, safety and
good order, provided that nothing contained herein shall be deemed
to authorize the holding, giving or taking place of any meeting, theatrical
performance, exhibition or event of any kind without a license, where
such license is or may be required by any law of this state or under
any ordinance of the Borough.
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
or gain of any person so engaged as advertiser or distributor.
Any printed or written matter not included in the definition
of "commercial handbill" and not a newspaper, magazine or periodical
of general circulation or mail matter.
A.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place or
into any vehicle or upon any private premises which is temporarily
or continuously uninhabited or vacant within the Borough, nor shall
any person hand out or distribute or sell any commercial handbill
in any public place; provided, however, that it shall not be unlawful
on any sidewalk, street or other public place within the Borough for
any person to hand out or distribute, without charge to the receiver
thereof, any noncommercial handbill to any person willing to accept
it.
B.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises if requested by anyone thereon
not to do so or if there is placed on the premises in a conspicuous
position near the entrance thereof a sign bearing the words "No Peddlers
or Agents," "No Advertisements" or any similar notice indicating in
any manner that the occupants of the premises do not desire to be
molested or have their right of privacy disturbed or to have any handbills
left upon their premises.
C.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited except by
handing or transmitting it directly to the owner, occupant or other
person then present, provided that, in case of inhabited private premises
which are not posted, such person, unless requested by anyone upon
the premises not to do so, shall have the authority to place or deposit
any handbill, if 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 and except that mailboxes may not be used when
so prohibited by federal postal laws or regulations.
The provisions of this chapter shall not apply to the distribution
of mail by the United States Postal Service or to newspapers.
