[HISTORY: Adopted by the Mayor and Council
of the Borough of Haddon Heights 6-1-1999 by Ord. No. 1059 (Ch. 37 of the 1975 Code).
Amendments noted where applicable.]
The Council finds that the promiscuous distribution
of advertising materials contributes to the litter covering streets,
yards and sidewalks and to the degradation of the quality of life
within the Borough. In order to control the proliferation of advertising
materials, the purposes of this chapter are specifically declared
to be as follows:
A.
To protect local residents against trespassing by
canvassers or handbill distributors upon the private property of residents
if they have given reasonable notice that they do not wish to be solicited
by such persons or do not desire to receive advertising materials.
B.
To protect the people against the health and safety
menace and the expense incident to the littering of the streets and
public places by the promiscuous and uncontrolled distribution of
advertising materials.
The following term(s), when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise
reproduced original or copies of any matter or literature which advertises
for sale any merchandise, product, commodity or thing, or which 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, or which, 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 and gain of any person
so engaged as advertiser or distributor.
It shall be unlawful for any person, firm, partnership,
association, corporation, company or organization of any kind to deposit,
place or throw any advertising materials in or upon any public place
within the Borough; provided, however, that it shall not be unlawful
for any person to hand out or distribute without charge to the receiver
any commercial or noncommercial handbills in any public place to any
person willing to accept the handbill.
It shall be unlawful for any person, firm, partnership,
association, corporation, company or organization of any kind to deposit,
place or throw any advertising materials upon any 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 a sign bearing the words
"No Trespassing," "No Advertisements" or any similar notice, indicating
in any manner that the occupants of the premises do not wish to have
their right or privacy disturbed or to have any advertising materials
left upon their premises. Proper notice shall also be accomplished
by mailing (United States first-class mail, return receipt requested)
written notification to any person, firm, partnership, association,
corporation, company or organization responsible for the distribution
of the advertising materials that the occupants of the premises do
not wish to have any advertising materials left upon their premises.
The provision of this section shall not apply to the distribution
of mail by the United States, newspapers or governmental-related materials
such as, but not limited to, the Haddon Heights calendar, or the Haddon
Heights Fourth of July booklet.
A.
The Superintendent of Public Works or an authorized
agent may notify the person, firm, partnership, association, corporation,
company or organization of any kind of the location of all unauthorized
advertising materials and require their removal. If the person, firm,
partnership, association, corporation, company or organization of
any kind, after notification, fails to remove the unauthorized advertising
materials, the Superintendent may authorize the removal and charge
the cost of removal to the offending person, firm, partnership, association,
corporation, company or organization.
B.
The Superintendent of Public Works shall determine
the reasonable costs to the Borough incurred in removing advertising
materials pursuant to this chapter. Such costs shall include, but
are not limited to, direct labor, material and equipment costs, as
well as departmental and general Borough overhead costs attributable
to removal of advertising materials. Notice under this section may
be by certified or ordinary mail if an address is indicated on the
advertising materials or by phone if a telephone number is indicated
or by any means reasonably intended to give notice to the originator
of the unauthorized advertising materials.
This chapter shall not be deemed to repeal,
amend or modify any ordinances ever ordained, either prohibiting,
regulating or licensing canvassers, hawkers, peddlers, transient merchants
or any person using the public streets or places for any private business
or enterprise or for commercial sales, not covered herein. This chapter
is not intended to affect the distribution of political campaign literature.
[Amended 10-19-2004 by Ord. No. 1181; 6-19-2018 by Ord. No. 1451]
In addition to the above, the person, firm,
partnership, association, corporation, company or organization responsible
for the unauthorized distribution of advertising materials may, upon
conviction, be punished by a maximum penalty of a fine not exceeding
$2,000 or by imprisonment for a period not exceeding 90 days or by
a period of community service not exceeding 90 days, or any combination
thereof, for each individual violation. This fine may be instituted
in addition to the assessment of costs for removal of the advertising
materials as set forth above.
