As used in this chapter, the following terms shall have the
meaning indicated:
COMMERCIAL HANDBILL
Any printed or written matter, leaflet, pamphlet or other
printed or otherwise reproduced literature or sample which advertises
for sale any merchandise, product, commodity or thing or which directs
attention to any business or mercantile establishment or which directs
attention to or advertise any meeting, theatrical performance or event
of any kind for which an admission fee is charged; and any printed
or written matter which, while containing reading matter other than
advertising, is predominantly and essentially and 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.
NEWSPAPER
Includes any newspaper of general circulation published or
distributed for profit, as defined by general law, any newspaper published
or distributed for profit, duly entered with the United States Postal
Service in accordance with federal statute or regulation; and any
newspaper published or distributed for profit, filed and recorded
with any recording office as provided by general law; and, in addition
thereto, includes any periodical or current magazine regularly published
and sold to the public.
NONCOMMERICAL HANDBILL
Includes any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, political campaign materials,
unsubscribed newspaper or magazine, paper booklet or any other printed
or otherwise reproduced original or copies of any matter of literature
not included in the aforesaid definitions of a commercial handbill
or newspaper.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed
or used, either in whole 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 or appurtenant to such dwelling, house,
building or other structure.
No person, firm or corporation shall throw, deposit, fasten,
place, hang, scatter or cast any commercial or noncommercial handbill
in or upon any private premises which are temporarily or continuously
uninhabited or vacant.
It shall be unlawful for any person, firm or corporation to
deposit, fasten, scatter, place, hang, throw or cast any unsubscribed
commercial handbill or sample, or cause the same to be done, which
does not have conspicuously printed thereon or therein the name and
address of the person, firm or corporation who, in the capacity of
distributor, caused the same to be distributed.
The provisions of this article shall not be deemed to apply
to any newspaper, noncommercial handbill or sample, or to the distribution
of mail by the United States Postal Service, or to the distribution
of any unsubscribed handbill or sample upon private premises by handing
or transmitting any such handbill or sample directly to the owner
or the occupant of such premises.
Any person, firm or corporation violating any provision on this
chapter shall, upon summary conviction before any District Justice,
pay a fine not exceeding $500 and costs of prosecution; and in default
of one payment of the fine and costs, the violator may be sentenced
to the county jail for a term of not more than 30 days. Each and every
day in which any person, firm or corporation shall be in violation
of this chapter shall constitute a separate offense.
Should any section, sentence, word or provision of this ordinance
be declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the chapter as a whole.
Any ordinance or part of an ordinance to the extent it is inconsistent
herewith is hereby repealed.