[HISTORY: Adopted by the Township Committee of the Township
of Cinnaminson 10-18-2010 by Ord. No. 2010-11. Amendments noted
where applicable.]
A.
The uncontrolled distribution of handbills in public rights-of-way
and semipublic rights-of-way presents a hazard and danger to the safety
and welfare of persons using such rights-of-way, including pedestrians,
persons entering and leaving vehicles and buildings, motorists and
persons performing essential utility, traffic control and emergency
services when not conducted in a reasonable, responsible and orderly
manner.
B.
Persons so located as to cause an inconvenience or danger to persons
using public rights-of-way and semipublic rights-of-way and unsightly
litter located around and directly caused by handbill distribution
constitute public nuisances.
C.
While certain community events may draw large crowds making handbill
distribution enticing, the Township must ensure that pedestrians and
motorist are permitted to freely pass in a safe manner.
D.
The Township further recognizes that emergency personnel are required
to respond to crowded events, and distributors of handbills must be
located in areas to avoid obstruction to emergency responders.
E.
The Township seeks to enact regulations to ensure that handbills
do not become litter which may cause the need for additional governmental
expenditures to clean up dropped or discarded handbills to prevent
same from entering the storm drain system in violation of Department
of Environmental Protection regulations.
F.
The Township Committee recognizes, however, that the use of such
rights-of-way is so historically associated with the distribution
of handbills that access to such areas should not be absolutely denied.
The Township Committee further finds that these strong and competing
interests require reasonable accommodations which can only be satisfactorily
achieved through the means of this chapter, which is designed to accommodate
such interests regulating the time, place and manner of handbill distribution.
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:
The Chief of Police of the Township of Cinnaminson or his
designee.
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.
A person engaged in the act of distribution.
A printed sheet or pamphlet, including, but not limited to,
flyers, coupons, circulars, leaflets, brochures and other materials
distributed by hand.
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.
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.
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.
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.
A.
Within 30 days of the date on which a person seeks to distribute
handbills, but not less than 10 days prior to the date and time of
the distribution, a person shall make written application to the Township
Police Department seeking a permit to distribute handbills. The written
application shall include:
(1)
The number of individuals who will be distributing handbills. The
applicant must be one of the persons distributing handbills.
(2)
The location(s) of public rights-of-way and semipublic rights-of-way
where permission is requested. The applicant shall be as specific
as possible, for example: "the first 20 feet in all directions of
the northwest corner of Cinnaminson Avenue between the curb and sidewalk
and not in the lanes of travel."
(3)
The dates and times of proposed distribution.
(4)
The applicant shall indicate what measures he will undertake in performing
the proposed activity which will avoid interference with or obstruction
of the flow of pedestrian or motor vehicle traffic and ensure the
safety of pedestrians and motor vehicles.
(5)
The applicant shall indicate what steps are to be taken during the
distribution and post-distribution of handbills to ensure that the
handbills do not become a source of litter.
(6)
The applicant's name and contact phone numbers and street address.
B.
The application shall be accompanied by a non-refundable application
fee of $25 to cover the administrative cost of reviewing the application
and making necessary administrative scheduling changes to ensure the
peaceful distribution of handbills in conformance with this chapter.
C.
Upon application for a permit, the Chief of Police shall review the
application and determine if the same is complete. The Chief shall
determine if any other organization has also requested the right to
distribute handbills on the same date and at the same time and location.
If there is a conflict in schedule, the permit shall be issued to
the applicant that first applied. The Chief shall determine if the
applicant's activity will realistically interfere with the safe
flow of pedestrian or vehicular traffic. The Chief shall determine
if the applicant has taken appropriate measures to ensure littering
will be minimized and the area will be restored to its current condition
following the distribution activity. The Chief may make additional
recommendations or modifications to the proposal that will help ensure
pedestrian and motor vehicle safety. For example, the Chief may consider
the width of the sidewalks or streets and shall consider whether the
presence of a handbill distributor would likely cause a pedestrian
to leave the sidewalk and enter a travel lane in the roadway to avoid
the permittee, thus creating a dangerous condition. If the Chief is
satisfied with the completeness of the application, the safety of
the pedestrian and motor vehicle traffic, the care for the prevention
of litter and the other above criteria, and the date, time and location
are available the Chief shall issue the permit. If the Chief determines
to reject the application, the Chief shall reject the application,
in writing, stating the reasons for rejection and, if for safety considerations,
providing at least two reasonable accommodations near the area requested
which will allow the safe flow of pedestrian or vehicular traffic.
The Chief shall provide the writing to the applicant through the information
provided in the application via regular mail, e-mail or facsimile.
The Chief's decision shall be made within three days of submission
of a complete application.
D.
The applicant shall have the right to seek review of the Chief's
decision in a court of competent jurisdiction.
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.
A.
Noncompliance with the terms and conditions of this chapter shall
constitute a violation.
B.
Each and every day any violation of this chapter exists or continues
to exist shall be determined as a violation or offense under this
chapter.
C.
Any person violating any provision of this chapter by the performance
of a prohibited act or by failing, neglecting or refusing to do any
act or anything required by this chapter shall, upon a trial and conviction
by a court of competent jurisdiction, forfeit or pay such fines not
in excess of the sum of $100 for each offense or be sentenced to a
jail term not exceeding 90 days (if convicted as a natural person)
and/or ordered to perform a period of community service not exceeding
90 days.
The proper enforcement of the provisions of this chapter shall
be within the jurisdiction of the Township of Cinnaminson Police Department.
