For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced
original or copies of any matter of literature:
A.
Which advertises for sale any merchandise, product, commodity or thing;
B.
Which 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.
Which 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; but the terms of this clause 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 ordinary rules of decency, good morals, public peace,
safety and good order, provided that nothing contained in this subsection
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 this township; or
D.
Which, while containing reading material 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.
GARBAGE
Any putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish as defined herein, and all other waste
material which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, ledger, circular,
leaflet, pamphlet, newspaper, 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.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public
ways, and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
Any putrescible and nonputrescible solid wastes (except body wastes),
including garbage, rubbish, ashes, street cleanings, dead animals and solid
market and industrial wastes.
RUBBISH
Any nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper wrappings, cigarettes, cardboard, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway, including devices used exclusively
upon stationary rails or tracks.
The owner or person in control of any private property shall at all
times maintain the premises free of litter; provided, however, that this section
shall not prohibit the storage of litter in authorized receptacles for collection.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises if requested by anyone thereon not to so
do or if 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 Advertisements" or any similar notice indicating in any matter
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.
[Amended 3-7-1983 by Ord.
No. 841-83]
Violations of any of the terms or provisions of this chapter. shall
be punishable in the Municipal Court for the Township of Hamilton as follows:
A. Conviction of first offense: a fine of not less than
$25 nor more than $100.
B. Conviction of second offense: a fine of not less than
$75 nor more than $150.
C. Conviction of third offense or subsequent offenses: a
fine of not less than $150 nor more than $500 or imprisonment in the county
jail for such term not exceeding 90 days, or both, as the sentencing Judge
may impose.