City of Vineland, NJ Handbills

[HISTORY: Adopted by the City Council of the City of Vineland 10-26-1971 by Ord. No. 824 (Ch. 307 of the 1990 Code); amended in its entirety 5-24-2011 by Ord. No. 2011-27.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Deceptive advertising — See Ch. 200.

Nuisances — See Ch. 473.

Peace and good order — See Ch. 511.

Abandoned and nuisance property — See Ch. 530.

Public property — See Ch. 542.

Special sales — See Ch. 568.

Streets and sidewalks — See Ch. 630.

[1]

Editor's Note: This ordinance also amended the name of the chapter, formerly Littering.

§ 446-1 Title.

This chapter shall be known and may be cited as the "Handbill Ordinance."

§ 446-2 Definitions; word usage.

When not inconsistent with the context, words used in the present tense include the future tense, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary.

For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

AIRCRAFT

Any contrivance, now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.

COMMERCIAL HANDBILL

Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:

(1)

Advertises for sale any merchandise, product, commodity or thing.

(2)

Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.

(3)

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, but the terms of this subsection 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 in this subsection 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 City.

(4)

While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain of any person so engaged as advertiser or distributor.

HANDBILL

Any printed sheet or pamphlet distributed by hand. For purposes of this chapter, any printed sheet or pamphlet distributed by an aircraft shall also be considered a handbill.

NEWSPAPER

Any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not fewer than four issues per year and sold to the public.

NONCOMMERCIAL HANDBILL

PARK

Any park, reservation, playground, recreation center or any other public area owned or used by the City and devoted to active or passive recreation.

PRIVATE PREMISES

Any vacant parcel or tract of land or spaces not in the public domain but privately owned by one or more persons and any fountain, pool, lake, stream or body of water located within any parcel or tract of land privately owned or any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include, but not be limited to, any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PLACE

Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

VEHICLE

Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

§ 446-3 Distribution in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City, 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 City for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.

§ 446-4 Placement on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

§ 446-5 Deposit on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

§ 446-6 Distribution on posted property.

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 said premises, in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisements" 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.

§ 446-7 Distribution on inhabited premises.

No person shall throw, deposit or distribute any commercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such 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.

The provisions of this section shall not apply to the distribution of mail by the United States Postal Service nor to newspapers.

§ 446-8 Dropping from aircraft.

No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.

§ 446-9 Posting of notices.

No person shall post or affix any notice, poster or other paper or devise calculated to attract the attention of the public to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law.

§ 446-10 Violations and penalties.

Any person, firm, corporation or other entity that violates or fails to comply with any provision of this chapter, or any of the rules and regulations promulgated hereunder, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each day for which a violation of this chapter occurs shall be considered a separate offense. In addition, any person convicted of a violation of this chapter shall pay all expenses that may have been incurred by the City in the enforcement of this chapter.