[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township 7-7-1986 by Ord. No. 1103 (Title 11, Ch. 6, of the 1977 Code). Amendments noted where applicable.]
The provisions of this chapter provide that the publisher and distributor of any newspaper, advertising circular or other publication being distributed within the Township of Upper Moreland must be identified in a conspicuous place on the publication, providing also for a procedure for discontinuance of delivery of such publication.
As used in this chapter, the following terms or words shall have the following meanings:
- ADVERTISING CIRCULAR
- A publication containing information relating to articles offered for sale at any one or more businesses or stores or similar commercial expressions.
- COMMERCIAL EXPRESSION
- An expression related to the economic self-interest of the speaker and primarily designed to foster or encourage those to whom the expression is directed to enter into a business or commercial relationship with the speaker by purchasing the goods or services offered for sale by the speaker.
- A person engaged in delivering or causing to be delivered to the general public, or to be placed on the property of others, newspapers, advertising circulars or publications.
- A publication intended for general circulation and published regularly at short intervals, containing articles concerning current events and news of general interest together with advertisements or other commercial expressions.
- Any natural person, partnership, company, corporation, or other entity.
- An issue of any printed material offered for distribution to the general public either by sale or without charge.
- Any person engaged in the preparation and/or issuance for public distribution or sale of any printed material, including newspapers, advertising circulars or publications.
Every newspaper, advertising circular or other publication published or distributed in the Township of Upper Moreland shall contain, in a conspicuous position in such publication and in legible print, the name of the publisher of such newspaper, advertising circular or publication, together with the address of the office or place of business of such publisher.
In the event any newspaper, advertising circular or other publication shall be distributed by any person other than the publisher of it, then the name of the distributor, together with the address of the office or place of business of such distributor, shall be printed or attached by a sticker or other marking in a similar conspicuous position and in legible print as that of the name and address of the publisher. When any such distributor shall use employees or agents for the purpose of distributing such newspaper, advertising circular or other publications, only the principal distributor need be identified by name and address.
Any owner or occupier of property within the Township of Upper Moreland who shall desire to have the delivery or other placement of newspaper, advertising circulars or other publication to their premises discontinued shall notify, in writing, the publisher and distributor to discontinue such delivery or placement of the publications on the premises of the said owner or occupier, with a copy of said notice being sent to the Township. Upon receipt of such notice to discontinue, the publisher and distributor shall cease and desist from delivering or placing or causing to be delivered or placed on the property of said owner or occupier any newspaper, advertising circular or other publication published or distributed by said publisher and/or distributor.
[Amended 11-13-2018 by Ord. No. 1689]
Any person who fails to comply with the provisions of this chapter shall be issued a Township notice of violation by the Upper Moreland Police Department, imposing a fine based on the quantity of notices of violation the person has been issued for the particular violation, in accordance with the amounts set forth in Chapter A370. Should the offender fail to pay the fine or challenge the notice of violation within five days of the date of issuance, the Police Department will rescind it and file a non-traffic citation with the Township Magisterial District Judge.
[Amended 4-1-2019 by Ord. No. 1698]
Upon summary conviction before a Magisterial District Judge, the offender shall be sentenced to pay a fine of no less than $50 nor more than $300 plus costs of prosecution and the Township's actual attorneys' fees. Each day that a violation of this chapter continues shall be deemed to be a separate offense. Failure to pay any fines, costs and fees imposed may result in imprisonment not to exceed 30 days.