[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg
at time of adoption of Code 4-4-1977 by Ord. No.
2-77 (see Ch. 1, General Provisions, Art. I). Amendments noted where
applicable.]
GENERAL REFERENCES
Littering — See Ch. 60.
No person or persons, firm, corporation or association shall engage
in or carry on the posting of any bill or the erection of any sign not further
regulated by the provisions of any other ordinance, or the distributing of
handbills or samples or other articles for advertising purposes, in the Borough
of Pennsburg, without having previously obtained a license so to do under
the provisions of this chapter.
Application for a license shall be made to the Borough Secretary on
forms to be provided by the borough. Applicants for licenses to distribute
handbills, samples or other articles for advertising purposes shall describe
in detail the handbill or items to be distributed and the areas to be covered
by distribution. If the Borough Secretary shall find that such proposed bill
or sign shall not injure the public health, safety or good order, the Borough
Secretary shall issue the license for such bill or sign to be posted or erected,
handbill to be distributed or sample or other article for advertising purposes
to be distributed. No such license shall be in effect and no bill or sign
permitted to be posted or erected thereby shall be permitted to be posted
or erected for a period of longer than 10 days from the time of issuance of
such license.
No handbill or sample or other article for advertising purposes shall
be cast, thrown or scattered, or caused to be cast, thrown or scattered, in
or upon any of the streets, sidewalks or other public places of the borough,
or in or upon any private yard, walkway, driveway or porch, but shall be delivered
to the owner, occupant or other person then present in or upon such private
premises. No handbill or sample or other article for advertising shall be
delivered to any private premises if anyone thereon so requests 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 Advertising"
or any similar notice indicating in any manner 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. No bill shall be posted
or sign erected on any lamppost, public utility pole, shade tree or on any
public building, property or structure, except as may be required by law.
Every such bill or sign posted or erected shall be removed before the expiration
of the license therefor, unless a license is renewed before such expiration.
All such signs or bills posted or erected shall be tied on, and in no event
shall any bill or sign having an adhesive backing be posted or erected on
any surface.
The fee for a license required by the provisions of this chapter shall
be $10 for a maximum of 25 bills or signs proposed to be posted or erected
and $5 for each person distributing such handbill, sample or other article
for advertising during any given ten-day period. In addition, each applicant
shall post a surety bond, in cash or other security acceptable to the Borough
Solicitor, in the amount of $100, conditioned upon the total removal of any
bill or sign posted and the distribution of handbills, samples or other articles
for advertising in a manner not causing any litter or other cleanup expense
to the borough. The return of any surety bond may be delayed pending any inspection
which the borough might wish to make in connection with the enforcement of
this chapter. Organizations or nonprofit corporations exempted from the provisions
of or duly registered pursuant to 10 P.S. § 160-4, as amended, and
recognized political organizations conducting political campaigns, are exempt
from the license fee imposed by this section. All other requirements set forth
in this chapter apply to these organizations.
Any person who shall be convicted of a violation of any of the provisions
of this chapter before any District Magistrate shall be sentenced to pay a
fine of not more than $300, together with costs of prosecution, or to imprisonment
in the county jail for a term not to exceed 30 days, or both. The imposition
of a penalty as provided herein shall not serve to prevent the abatement of
any nuisance or to prevent the revocation of the license held by any person
who shall violate the provisions of this chapter or any other law or ordinance
while engaged in activities licensed under the provisions of this chapter.
