The provisions and prohibitions enacted herein are in pursuance
of securing and promoting the general welfare of persons in the Township
in their use of public rights-of-way and semipublic rights-of-way
through the regulation of persons seeking to distribute handbills
on such rights-of-way so as to:
A. Provide for pedestrian and driving safety and convenience;
B. Ensure no unreasonable interference with the flow of pedestrian or
vehicular traffic, including ingress to, or egress from, any place
of business, residence or public or private property or from the street
to the sidewalk;
C. Ensure access by emergency vehicles;
D. Provide reasonable access for the use and maintenance of sidewalks,
poles, traffic signs and signals, hydrants, mailboxes and similar
appurtenances and access to locations used for public transportation
purposes;
E. Reduce visual blight on the public rights-of-way and semipublic rights-of-way,
protect the aesthetics and value of surrounding properties and protect
the quiet of residential areas;
F. Prevent violation of stormwater regulations or the unnecessary expenditure
of tax dollars to remove discarded materials from rights-of-ways;
and
G. Reduce exposure of the Township to personal injury or property damage
claims and litigation.
As used in this chapter, the following terms shall have the
meanings indicated:
DISTRIBUTION
The physical act or action of attempting to provide or providing
a handbill to any person in the public rights-of-way or semipublic
rights-of-way.
DISTRIBUTOR
A person engaged in the act of distribution.
HANDBILL
A printed sheet or pamphlet, including, but not limited to,
flyers, coupons, circulars, leaflets, brochures and other materials
distributed by hand.
OBSTRUCTION
The prevention of the free flowing, safe and lawful passage
of pedestrians and vehicles on public sidewalks, streets, roadways
and public rights-of-way in the Township by placing thereon any other
person or object.
PERSON
Any individual, firm, partnership, joint venture, association,
social club, fraternal organization, labor union, joint stock company,
corporation, estate, trust, business trust, receiver, trustee, syndicate
or any other group or combination acting as a unit.
PUBLIC RIGHTS-OF-WAY
Strips of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by roads, crosswalks, sidewalks, buffer strips, curbs, public utilities,
storm sewers or other similar uses.
SEMIPUBLIC RIGHTS-OF-WAY
Lands owned by a person held out for commercial and business
purposes, including, but not limited to, shopping centers, strip malls
and retail stores, as well as churches, schools and other nonprofit
or governmental organizations or associations.
No person shall distribute handbills within the public rights-of-way
or semipublic rights-of-way unless and until that person shall have
applied for and received a permit from the Township in accordance
with the standards established herein.
All persons distributing handbills shall conform with the following
requirements:
A. The person shall remain in the public rights-of-way or semipublic
rights-of-way.
B. The person shall not proceed onto private property without permission
of the property owner.
C. The person shall not obstruct or interfere with the safe flow of
pedestrian or vehicular traffic. The person distributing handbills
shall ensure a clear path on all sidewalks by standing adjacent to
the sidewalk when positioning on the sidewalk would reduce the sidewalk
width to less than 30 inches.
D. The person shall not attempt to distribute handbills to moving vehicles
nor stand in the roadway while vehicles are in motion.
E. No person shall obstruct any crosswalk, handicapped ramp or handicapped
parking space at any time.
F. If the accumulation of crowds and the location of persons distributing
handbills creates an unforeseen safety hazard, the Police Department
may relocate the distributors to a reasonable and safe location to
ensure the safety of all residents and visitors, as well as the reasonable
opportunity to distribute the handbills.
G. If distributing handbills at any time 1/2 hour or more before sunrise
or 1/2 hour or more after sunset, the person shall wear a minimum
total of 24 square inches of reflective material with at least 12
square inches of reflective material on the front and back side of
each person distributing handbills.
H. The person shall provide a solid waste and/or recycling collection
container within 25 feet past the point of distribution, shall ensure
that the container does not interfere with the safe flow of pedestrian
or vehicular traffic and ensure that the container is emptied frequently
to prevent overflow of materials to the surrounding ground. The permittee
shall use reasonable efforts to collect handbills that are discarded
other than in the container.
I. The collection containers, materials and debris shall be removed
at the end of the distribution and before leaving the specific location
each day.
In the event that the Chief finds, upon personal observation
or written complaint, that there is such a serious infraction of the
rules established in this chapter or that an applicant has provided
false information on his application, the Chief may suspend or revoke
the permit until such time as the applicant shall have cured the deficiency,
corrected the infraction and/or provided the necessary information
required.
The proper enforcement of the provisions of this chapter shall
be within the jurisdiction of the Township of Cinnaminson Police Department.