[HISTORY: Adopted by the Borough Council of the Borough of Pennington 11-2-1981
by Ord. No. 337. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 127.
As used in this chapter, the following terms shall have the meanings
indicated:
Any advertisement, circular, paper, brochure, flyer, shopper or other
unsolicited commercial matter, printed or otherwise, of every kind or nature
whatsoever.
Includes any dwelling or structure whether or not occupied, as well
as any yard, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule
or mail box belonging to or appurtenant to such dwelling or structure.
Includes the areas from the side edge of a highway, street or road,
whether or not curbed, to and including the sidewalk, if any, and if no sidewalk,
to the front property line of the adjacent private property, and all areas
used for any public park, playground, municipal building or other installation,
including driveways, parking areas, walks, paths and other public ways thereupon.
A.
No person shall place upon, deliver, deposit, throw upon,
leave or abandon within or upon any private property, public way adjacent
to private property or public place in the borough any handbill, except as
hereinafter provided.
B.
The provisions of this section shall not be applicable
to the delivery of:
(1)
Mail, parcels or packages by and in accordance with the
rules of the United States Postal Service.
(2)
Parcels, packages and materials by and in accordance
with the rules of the United Parcel Service or other utility licensed or regulated
for such purposes and those delivered by vendors where ordered by the owner
or occupant of the recipient premises.
(3)
Newspapers and other publications and periodicals only
if subscribed to by the owner or occupant of the recipient premises, provided
that either they are placed firmly in a receptacle designed for such purpose
or, if none, then tightly wrapped to prevent blowing or scattering upon the
recipient premises or adjacent areas.
(4)
Laundry, dry cleaning, dairy, bakery and similar food
products, and commercial product sampling, by agreement with or invitation
of the owner or occupant of the recipient premises.
(5)
Solicitation cards, brochures and flyers by duly authorized
bona fide nonprofit, charitable organizations, including but not limited to
United Fund, American Red Cross, religious, educational, medical and volunteer
police, fire and ambulance organizations, provided that they are packaged
and placed in such manner as not to blow or scatter upon the recipient premises
or adjacent areas.
(6)
Noncommercial handbills of a political or other nature
whose distribution is or may be protected by constitutional rights of free
speech, provided that they are packaged and placed in such manner as not to
blow and scatter upon the recipient premises or adjacent areas.
(7)
Unsolicited and unsubscribed newspapers, publications
and other periodicals of a commercial nature, in whole or in part, provided
that the distribution of same is in compliance with this chapter, and further
provided that they are packaged and placed in such manner as not to blow or
scatter upon the recipient premises or adjacent areas.
A.
The owner or occupant of any property within the borough
shall have the right, at any time, in writing, either by certified mail or
in person, to transmit to the local office of the publisher and/or distributor
of any unsolicited or unsubscribed newspapers, publications or other periodicals
that are wholly or partially of a commercial nature a notice of objection
to the continued delivery of any such unsolicited and unsubscribed material.
Such notice of objection shall clearly identify the property to which the
continued delivery of any such unsolicited or unsubscribed material is objected.
Any publisher and/or distributor who receives said notice of objection shall
comply with said notice within 14 days of receipt of said notice and shall
discontinue the delivery of the objected to material to the property identified
by said notice. Such notice of objection shall continue in effect until revoked,
and it shall be deemed a violation of this chapter for any person, including
but not limited to a publisher and/or distributor, to deliver, continue to
deliver or cause to be delivered any such unsolicited and unsubscribed material
to the property of any such objecting owner or occupant.
B.
To facilitate cooperative action with regard
to violations as herein described, any owner or occupant of any property within
the borough who has transmitted written notice of objection as provided for
herein to the publisher and/or distributor may file a copy of said notice
and all subsequent correspondence pertaining to said notice with the Borough
Clerk, who will maintain a file of such correspondence for public inspection.
The Borough Clerk's files are to be kept current by removing therefrom
any correspondence which is more than three years old.
Any person, firm or corporation violating any provisions of this chapter
shall be liable to a fine not exceeding $1,000, imprisonment for a term not
exceeding 90 days or a period of community service not exceeding 90 days,
or any combination thereof. Each violation of the provisions of this chapter
shall be deemed a separate violation whether it shall occur on the same day
or on succeeding days.
