[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge 12-31-1975 as § 5-6 of the 1975 Code. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any printed matter, including leaflets, pamphlets, notices, cards,
circulars, handbills, etc., which advertises or promotes in any way the goods
or services of any commercial establishment and which is delivered or distributed
free of charge to the recipient.
No person shall distribute any commercial handbill within the borough without having first obtained a permit to do so from the Police Department. The application for a permit shall include the name and address of both the person engaging in distribution and the person on whose account such distribution will be made, a copy of the handbill to be distributed, the date of distribution and an agreement to comply with the police regulations specified in § 268-7.
The fees for permits under this chapter shall be as set forth in the
Borough Fee Schedule, adopted by resolution of the Borough Council, on file
in the office of the Borough Clerk.
Each licensee shall be issued and shall wear a badge pursuant to the provisions of § 314-4.
A.
Throwing or distributing commercial handbills in public
places. No licensee shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within the
borough; nor shall any licensee hand out or distribute or sell any commercial
handbill in any public place; provided that it shall not be unlawful on any
sidewalk, street, or other public place within the borough for any licensee
to hand out or distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it.
B.
Placing commercial and noncommercial handbills on vehicles.
No licensee shall throw or deposit any commercial or noncommercial handbill
in or upon any vehicle. A licensee, however, may hand out or distribute, without
charge to the receiver thereof, a noncommercial handbill to any occupant of
a vehicle who is willing to accept it.
C.
Depositing commercial and noncommercial handbills on
uninhabited or vacant premises. No licensee shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are temporarily
or continuously uninhabited or vacant.
D.
Prohibiting distribution of handbills where properly
posted. No licensee shall throw, deposit or distribute any commercial or noncommercial
handbills upon any private 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 thereof a sign bearing the words "No Trespassing," "No Peddlers
or Agents," "No Advertisement" or any similar notice, indicating in any matter
that the occupants of the premises do not desire to be molested or have their
right of privacy disturbed, or to have any such handbills left upon the premises.
E.
Distributing commercial and noncommercial handbills at
inhabited private premises. No licensee shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon private premises which
are inhabited, except by handing or transmitting any such handbill directly
to the owner, occupant or other person then present in or upon such private
premises. In case of inhabited private premises which are not posted as provided
in this chapter, the licensee, unless requested by anyone upon the premises
not to do so, may place or deposit any such handbill in or upon the inhabited
private premises, if the handbill is so placed or deposited as to secure or
prevent it from being blown or drifted about the premises or sidewalks, streets
or other public places, and except that mailboxes may not be so used when
so prohibited by federal postal law or regulations.
The provisions of this chapter shall not apply to the distribution of:
A.
Commercial handbills that have been previously requested
or ordered by the owner or occupant of the premises or to the distribution
of commercial handbills by mail.
B.
Mail by the United States, nor to newspapers, as defined
herein, except that newspapers shall be placed on private property in such
a manner as to prevent their being carried or deposited by the elements upon
any street, sidewalk or other public place, or upon private property.
[Amended 3-21-1988 by Ord. No.
955[1]]
For a violation of any provision of this chapter, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding one thousand dollars
($1,000.), or imprisonment for up to ninety (90) days, or a period of community
service not exceeding ninety (90) days, or any combination thereof.
