Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington 5-13-1970 as Sec. 4-3 of the 1970 Revised General Ordinances (Ch. 203 of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 227.
Littering — See Ch. 250.
Peddling and soliciting — See Ch. 272.
Defacement of public property — See Ch. 279, Art. I.

§ 234-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or other printed or otherwise reproduced original or copy of any matter of literature, which:
A. 
Advertises for sale any merchandise, product, commodity or thing.
B. 
Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either, directly or indirectly, promoting the interests thereof by sales.
C. 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit. The terms of this definition shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained herein shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state or under any ordinance of the Borough.
D. 
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 or gain of any person so engaged as advertiser or distributor.
NONCOMMERCIAL HANDBILL
Any printed or written matter not included in the definition of "commercial handbill" and not a newspaper, magazine or periodical of general circulation or mail matter.

§ 234-2 Distribution.

A. 
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place or into any vehicle or upon any private premises which is temporarily or continuously uninhabited or vacant within the Borough, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Borough for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
B. 
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the words "No Peddlers or Agents," "No Advertisements" or any similar notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any handbills left upon their premises.
C. 
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting it directly to the owner, occupant or other person then present, provided that, in case of inhabited private premises which are not posted, such person, unless requested by anyone upon the premises not to do so, shall have the authority to place or deposit any handbill, if placed or deposited, so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places and except that mailboxes may not be used when so prohibited by federal postal laws or regulations.

§ 234-3 Exceptions.

The provisions of this chapter shall not apply to the distribution of mail by the United States Postal Service or to newspapers.

§ 234-4 Violations and penalties.

[Amended 12-20-1993 by Ord. No. 93-19[1]]
A. 
Any violation of this chapter shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.
B. 
Separate violation. Except as otherwise provided, every day that a violation shall continue shall be deemed a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).