[HISTORY: Adopted by the Township Committee of the Township of Chesterfield 5-13-1982
by Ord. No. 1982-2. Amendments noted where applicable.]
As used in this chapter, the following words or phrases shall have the
meanings indicated, unless otherwise required by the context:
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced
original or copy of any matter of literature which, while containing reading
matter 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.
Any dwelling or structure, whether or not occupied, and any yard,
grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule or mailbox
belonging to or appurtenant to such dwelling or structure.
The areas between the edge of the pavement or traveled portion of
a highway, street or road, whether or not curbed, and the adjacent private
property line 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.
No person shall place or cause to be placed upon, delivered, deposited,
thrown upon, left or abandoned within or upon any public place, private property
or public ways adjacent to private property in the township any garbage, cans,
bottles, cartons and other types of refuse or any handbills, advertisements,
brochures, fliers, shoppers or other unsolicited commercial matter, printed
or otherwise, of every kind or nature whatsoever.
[Added 5-4-1989 by Ord. No. 1989-3]
A.
If an object of litter is discovered on another's
property, without his permission, or any public highway, street or road, upon
public parks or recreation areas or upon any other public property except
that property designated for that use bearing a person's name, it shall
be prima facie evidence that the person whose name appears on the object threw,
dumped, deposited or caused it to be thrown, dumped or deposited there.
B.
Evidence against driver of motor vehicle. If the throwing,
dumping or depositing of litter was done from a motor vehicle, except a motor
bus, it shall be prima facie evidence that the throwing, dumping or depositing
was done by the driver of the motor vehicle.
[Added 5-4-1989 by Ord. No. 1989-3]
A.
Any person, whether or not such person is a resident
of the Township of Chesterfield, who shall witness the throwing, dumping or
depositing of litter from a motor vehicle onto any public highway, street
or road, onto another's property without the owner's permission,
onto public park or public recreation lands or onto any other public property,
except such as is designated for the throwing, dumping or depositing of litter,
may report the date and time of day of the littering and the license plate
registration number and state of registration to any state or local law enforcement
authority.
B.
The license plate registration number, as recorded, shall
constitute prima facie evidence that the littering was done by the person
to whom such motor vehicle is registered.
C.
Any person so reporting a violation shall be required
to appear as a witness in any prosecutions resulting therefrom.
The provisions of § 132-2 shall not be applicable to the delivery of:
A.
Mail, parcels or packages by and in accordance with the
rules of the United States Postal Service.
B.
Parcels, packages and materials by and in accordance
with the rules of the United Parcel Service and Railway Express Agency or
other utility licensed or regulated for such purposes and those delivered
by vendors where ordered by or on behalf of the owner or occupant of the recipient
premises.
C.
Newspapers and other publications and periodicals that
are solicited or subscribed to by the owner or occupant of the recipient premises,
provided that such material is placed firmly in a receptacle designed for
such purpose or, there being no such receptacle, is tightly secured or packaged
so as to prevent blowing or scattering upon the recipient premises or adjacent
areas.
D.
Unsolicited and unsubscribed newspapers, publications
and other periodicals that are wholly or partially of a commercial nature,
provided that such material is placed firmly in a receptacle designed for
such purpose or, there being no such receptacle, is tightly secured or packaged
so as to prevent blowing or scattering upon the recipient premises or adjacent
areas.
E.
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.
F.
Solicitation cards, brochures and fliers 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 such material is tightly
secured or packaged and placed in such manner as not to blow or scatter upon
the recipient premises or adjacent areas.
G.
Noncommercial handbills of a political or other nature
whose distribution is protected by constitutional rights of free speech, provided
that such handbills are tightly secured or packaged in such manner as not
to blow and scatter upon the recipient premises or adjacent areas.
A.
The owner or occupant of any property within the township
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 township
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 Township Clerk, who will
maintain a file of such correspondence for public inspection. Said Township
Clerk's files are to be kept current by removing therefrom any correspondence
which is more than three years old.
