[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-29-1994 by Ord. No. 1329]
Numerous individuals or organizations distribute newspapers, magazines,
handbills and other papers by depositing the same on the driveways, sidewalks
or lawns of private residences and premises. The indiscriminate distribution
of printed matter upon residential property creates a significant risk to
the public in that the accumulation thereof is an open invitation to burglary.
Said manner of indiscriminate distribution is, in addition, unsightly, contributes
to litter, results in the expenditure of public funds in order to eliminate
the same and constitutes an invasion of privacy for those who do not wish
to receive such material. Additionally, the placing of handbills on vehicles
on private and public property causes a severe litter problem, is unsanitary
and unsightly and results in the expenditure of public funds in order to eliminate
the same.
A.
ADVERTISING MATTER
(1)
(2)
(3)
(4)
NEWSPAPER
PERSON
PRIVATE PREMISES
PUBLIC PLACE
UNSOLICITED NEWSPAPER
For the purpose of this article, the following terms
and words shall have the meanings set forth herein:
Any printed or written matter or any sample or device, circular,
leaflet, pamphlet, paper or booklet or any other printed matter or literature,
other than a newspaper, and unsolicited newspaper which is not delivered by
the United States Postal Service, including but not limited to those which:
Advertise for sale or lease any article, merchandise, product or commodity.
Advertise or promote any trade, profession or service for hire.
Direct attention to or advertise any theatrical performance or exhibit.
Direct attention to any business, mercantile, professional, trade or
commercial establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales or use thereof.
Any printed matter of general circulation published for the dissemination
of news or community information.
Any person, firm, partnership, association, corporation, company
or entity and any agent, designee, employee or person acting on behalf thereof.
All property which is not a public place, including but not limited
to any land, building or other structure designed or utilized for residential,
commercial, business, industrial, institutional or religious purposes, together
with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox
and other structures appurtenant thereto and vacant land.
The streets, alleys or other public ways, public parks, public buildings,
public grounds and public parking lots.
Any newspaper which is not delivered pursuant to subscription agreement.
B.
The word "shall" is mandatory and not merely directory.
A.
No person shall distribute or cause to be distributed
any advertising matter or unsolicited newspaper to private premises in the
Borough of Middlesex without first having obtained a certificate of registration
from the Borough Clerk.
B.
All persons desiring to distribute or cause to be distributed
any advertising matter or unsolicited newspaper to private premises in the
Borough of Middlesex shall file with the Borough Clerk a registration statement
on forms provided by the Borough Clerk containing the following information:
(1)
The name of the unsolicited newspaper or the general
type of material to be distributed.
(2)
The owner or publisher of the unsolicited newspaper or
of the person or organization, if any, distributing the material.
(3)
Whether the person distributing or causing the distribution
is a natural person, partnership, corporation or association.
(4)
If a natural person, his business or residence address
and telephone number.
(5)
If a partnership, the principal business address and
telephone number of the partnership, together with the local business address
and telephone number, if any.
(6)
If a corporation, whether it is a domestic or foreign
corporation and if foreign, the state of incorporation, the principal office,
address and telephone number of the corporation and the address and telephone
number of the local office or agent, if any.
(7)
The anticipated frequency of distribution of the unsolicited
newspaper or advertising matter.
C.
The Borough Clerk shall issue a certificate of registration immediately upon the filing of a completed registration statement. If the registration statement has not been completed, the Borough Clerk shall inform the person filing the registration statement of the specific information which is lacking. The Borough Clerk shall also provide to the person receiving the certificate of registration and shall mail to the address specified in the registration statement the names and addresses of any persons who have notified the Borough Clerk pursuant to § 112-4 herein that they do not wish to receive delivery of unsolicited newspapers, advertising matter or campaign material.
D.
The certificate of registration shall be valid for the
calendar year for which it was issued. A new registration statement must be
filed at such time as there is any change in the information provided in the
registration statement prior to a distribution in subsequent calendar years.
A.
The Borough Clerk shall maintain a list of addresses
of the owners, occupants, tenants or persons in charge of private premises
who have notified the Borough Clerk that they do not wish to receive delivery
of unsolicited newspapers or advertising matter. The Borough Clerk shall revise
said list when notified that an individual desires to withdraw a prior notification
that he refuses to receive delivery of the aforementioned materials. All notifications
herein to the Borough Clerk must be in writing. Whenever the Borough Clerk
ascertains that the ownership or tenancy of any premises has changed, by virtue
of a request for water meter reading or otherwise, for which the owner, tenant
or person in charge has filed a refusal of delivery of advertising matter,
unsolicited newspaper and campaign material, the Borough Clerk shall revise
the aforementioned list by deleting said address from the list.
B.
The Borough Clerk shall furnish a copy of the aforementioned
list to each person who is issued a certificate of registration and shall
mail a copy of said list to the address specified in the registration statement
filed pursuant to this article. The Borough Clerk shall mail a revised list
to the address specified in the registration statement on or about the first
day of each month if there are any deletions or additions to said list.
C.
In addition to Paragraph A and B of § 112-4, it is hereby provided that any unsolicited newspapers delivered to private premises through the Borough shall include in each edition notices that, if recipients of the newspaper request in writing by certified mail a cessation of delivery of the newspaper to their premises, delivery will be discontinued within 15 days after the newspaper's receipt of said request. Said notice shall include an address to which the request for discontinuance may be made and further shall be placed on the second page of the newspaper in a conspicuous manner.
[Amended 5-9-2000 by Ord.
No. 1495]
D.
It shall be unlawful for any person to distribute any
unsolicited newspaper and advertising material to any person who has refused
delivery thereof pursuant to this article:
[Added 5-9-2000 by Ord. No.
1495]
[Amended 5-9-2000 by Ord.
No. 1495]
A.
All unsolicited newspapers and advertising material which have not been refused pursuant to § 112-4 herein shall be distributed to private premises by delivering same on the grass portion of the premises or on the driveway of the premises; distribution is specifically prohibited on the public sidewalk adjoining the premises or on any portion of a roadway in front of the premises.
B.
No person shall place or cause to be placed any unsolicited
newspaper or advertising material or newspaper on any motor vehicle. This
subsection shall not apply to the issuance of any traffic ticket or order
or other notice permitted or required by law.
Any person found guilty of violating any provision of this article shall,
upon conviction, be punished by a fine not exceeding $250. Each incident and
each day for which a violations occurs or continues shall constitute a separate
offense.
The provisions of this article shall not apply to the distribution of
mail by the United States Postal Service or to the service of any legal notice
or process which is permitted or required by law, nor shall the provisions
of this article apply to the distribution of political and/or religious materials
by religious or nonprofit organizations.
